Articles

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Alternative Learning Formats in a Land Use Seminar, Pace Environmental Law Review Online Companion (2011)

A symposium piece on my use of field trips and guest speakers in my seminar...

 

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Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Seton Hall Law Review (2010)

The Supreme Court has held that when a government regulation reduces the value of property,...

 

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What Would Coase Do? (About Parking Regulation), Fordham Environmental Law Review (2010)

American municipalities typically require landowners to provide visitors and guests with ample amounts of parking,...

 

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Sprawl in Europe And America, San Diego Law Review (2009)

Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...

 

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Why Pedestrian-Friendly Street Design is Not Negligent, University of Louisville Law Review (2008)

American streets are typically designed for fast automobile traffic. As a result, those streets are...

 

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Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)

In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...

 

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How Government Regulation Forces Americans Into Their Cars: A Case Study, Widener Law Journal (2007)

Shows how zoning law in Jacksonville contributes to automobile dependence.

 

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Planners Gone Wild: The Overregulation of Parking (with Shane Cralle), William Mitchell Law Review (2007)

A review of Donald Shoup's book, The High Cost of Free Parking (to be published...

 

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YOU CAN HAVE IT ALL: LESS SPRAWL AND PROPERTY RIGHTS TOO, Temple Law Review (2007)

The article describes two visions of suburban development, a “smart growth” vision which critiques automobile-dependent...

 

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New Urbanist Zoning for Dummies, Alabama Law Review (2006)

This article compares the SmartCode (a model New Urbanist zoning code) to conventional pro-sprawl zoning...

 

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The Law of Sprawl: A Road Map, Quinnipiac Law Review (2006)

In the fall of 2004, I taught a seminar on “The Law of Sprawl” at...

 

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How Overregulation Creates Sprawl (Even in a City without Zoning), Wayne Law Review (2005)

Numerous commentators have suggested that the spread-out, automobile-dependent urban form (often referred to as “sprawl”)...

 

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Suburban Sprawl, Jewish Law, and Jewish Values, Southeastern Environmental Law Review (2004)

The article explains how automobile-dependent suburban sprawl is in conflict with Jewish law and Jewish...

 

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How City Hall Causes Sprawl - A Case Study, Ecology Law Quarterly (2003)

A book review addressing the city of Atlanta's pro-sprawl transportation, zoning and urban renewal policies.

 

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Twenty-First Century Planning and the Constitution, University of Colorado Law Review (2003)

In 2002, The American Planning Association (APA), a nationwide organization of land use planners, published...

 

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Sprawl, Growth Boundaries and the Rehnquist Court , Utah Law Review (2002)

This article addresses the constitutionality and wisdom of Oregon's urban growth boundary (UGB) program. The...

 

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Campaign of Sabotage: Big Government's War Against Public Transportation , Columbia Journal of Environmental Law (2001)

This article discusses a variety of state, federal and local policies which have reduced transit...

 

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"THOU SHALT NOT PUT A STUMBLING BLOCK BEFORE THE BLIND": THE AMERICANS WITH DISABILITIES ACT AND PUBLIC TRANSIT FOR THE DISABLED, Hastings Law Journal (2001)

The Americans with Disabilities Act (ADA) ordered local governments to make bus and train systems...

 

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Suburban Sprawl: Not Just An Environmental Issue, Marquette Law Review (2000)

Explains why conservatives should be concerned about suburban sprawl, and how market-oriented solutions can mitigate...

 

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The Case For Color-Blind Distress Sales, Hastings Communications & Entertainment Law Journal (1996)

An article I wrote while in practice, proposing reforms in the FCC's "distress sale" program.

 

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When Is Time Brokerage A Transfer of Control? , Fordham Intellectual Property, Media and Entertainment Law Journal (1995)

A highly technical piece about communications law, focusing on "time brokerage" agreements. Under these agreements,...

 

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When Is Cumulative Voting Preferable To Single-Member Districting?, New Mexico Law Review (1995)

Cumulative voting is most appropriate in small towns, nonpartisan elections, and jurisdictions in which voters...

 

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How Radical Is Lani Guinier? , Boston University Law Review (1994)

In 1993, Lani Guinier was nominated to head the Justice Department's Civil Rights Division. Her...

 

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How To Limit Gerrymandering , Florida Law Review (1993)

An extensive discussion of constitutional issues related to partisan gerrymandering.

 

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Are Spread Out Cities Really Safer? , Cleveland State Law Review (1993)

One of my first articles. A discussion of the gap between perceptions of crime and...

 

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The Admissibility of Evidence Protected by Noerr-Pennington, Antitrust (1989)

Although poliitical activity is protected from antitrust liability under the Noerr-Pennington doctrine, evidence of such...

 

Op-Eds

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Public Transit: Myth and Reality, Folio Weekly (2009)

Rebuts myth that public transit is inherently unpopular by pointing out that where development is...

 

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Keep It Local, Folio Weekly (2009)

Criticizes state-imposed limits on local taxation on the ground that state governments have no legitimate...

 

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A Tale of Two School Systems, Folio Weekly (2009)

Explains that suburban schools are more popular than urban schools primarily due to their more...

 

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How Dangerous Is Jacksonville?, Folio Weekly (2008)

Compares Jacksonville's murder rate with those of several other cities, using various techniques. Concludes that...

 

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The Road Not Taken, Folio Weekly (2008)

Defends Jacksonville's annexation of its Duval County suburbs, and compares Jacksonville's post-annexation fate with that...

 

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Sprawl, Y'All, Folio Weekly (2008)

Explains why conservatives should be worried about suburban sprawl.

 

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Circular Logic, Folio Weekly (2008)

Criticizes cul-de-sacs on the ground that they detract from neighborhood walkability, and proposes a variety...

 

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Life After Oil, Folio Weekly (2008)

Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...

 

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Lots of It, Folio Weekly (2008)

Criticizes municipal minimum parking requirements.

 

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Jacksonville: Not So Driver Friendly, Metrojacksonville.com (2008)

Commentators on transportation policy sometimes write as if drivers and nondrivers are locked in a...

 

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Saving The Inner Suburbs, Folio Weekly (2007)

While Jacksonville's older, more walkable neighborhoods and its newest suburbs have been thriving, its 1950s...

 

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Hometown Blues, Folio Weekly (2007)

Criticizes "Hometown Democracy" - a proposal to decide comprehensive plan amendments in Florida by referendum.

 

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Yes to Development, Yes to Density , Folio Weekly (2007)

This article calls for a deregulatory land use policy that allows more compact development in...

 

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Jacksonville's Sprawl Is Jacksonville's Fault , Folio Weekly (2007)

An op-ed length critique of zoning and planning in Jacksonville.

 

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The Case Against Roads, Folio Weekly (Jacksonville entertainment weekly) (2007)

Criticizes proposals for a new outer beltway highway near Jacksonville, FL.

 

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Car-Free in Jacksonville, Folio Weekly (2007)

I lived without a car in Jacksonville, FL (one of America's most car-dependent large cities)...

 

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Widening Riverside is harmful , Florida Times-Union (2006)

Criticizes recent street widening in Jacksonville.

 

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A Libertarian Smart Growth Agenda , Planetizen.com (2006)

Proposes a variety of anti-sprawl policies that smart growth supporters and property rights advocates should...

 

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Zoning Without Zoning , Planetizen.com (2003)

Addresses issues raised in my Wayne Law Review article about Houston, but in concise op-ed...

 

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Car Czars Won't Yield To Transit Alternatives , Atlanta Journal-Constitution (2002)

Despite their libertarian rhetoric, highway lobby supporters have "auto-totalitarian" ambitions: They wish to create a...

 

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Sprawl = Injustice , Planetizen.com (2001)

Discusses negative effects of suburban sprawl upon Americans too poor or disabled to drive.

 

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PARENTS' ATTEMPTS AT 'PROTECTION' DO CHILDREN NO FAVORS IN LONG RUN, Atlanta Journal-Constitution (2001)

Some parents keep their children locked up inside Mommy's car and house until they learn...

 

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EAST AURORA ESTABLISHED ITSELF AS A NEW URBANIST COMMUNITY DECADES BEFORE IT WAS COOL, Buffalo News (1998)

Supporters and opponents of New Urbanism speak as if New Urbanism is some sort of...

 

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What Buffalo Can Learn From Cleveland, Buffalo News (1997)

Compares Buffalo to Cleveland, suggesting that Cleveland's downtown is more prosperous than that of Buffalo...

 

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Urban Sprawl Vicious Circle That Hurts Everyone , Crain's Cleveland Business (1997)

Explains effect of sprawl upon Cleveland region, pointing out that sprawl "a creature of Big...

 

Works in Progress

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Two Cheers For Instant Runoff Voting (2012)

In multicandidate elections, an unpopular candidate can often win with a minority of the vote...

 

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How Sprawl Happened in Toronto, ExpressO (2010)

A review of John Sewell's book, The Shape of the Suburbs: Understanding Toronto’s Sprawl. Sewell...

 

Speeches

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Judaism and Sprawl, University of Illinois Law School (2011)

A speech explaining the relationship between suburban sprawl, Jewish values and Jewish observance.

 

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Regulated Into Automobile Dependence: How City Hall Mandates Sprawl and What Planners Can Do About It, University of Illlinois, Department of Urban and Regional Planning (2011)

A brief (about 20-minute) speech explaining why government regulation promotes automobile-dependent development.

 

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Sprawl in Canada and the United States (powerpoint), PLPR (International Association on Planning Law and Property Rights (2011)

PowerPoints for a speech explaining that sprawl in Canada is (1) less extensive than in...

 

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Alternative Learning Formats in a Land Use Seminar, Pace Law School (2011)

A discussion of my use of field trips and guest speakers in my seminar on...

 

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A Libertarian Smart Growth Agenda, Midwest Political Science Association conference (2009)

Discusses a variety of policies that both limit sprawl and enhance, rather than reducing, landowners'...

 

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How Zoning Causes Sprawl, Widener University School of Law, conference on "Squaring the Circle on Sprawl" (2007)

Links sprawl to zoning and other land use regulation, using Jacksonville as a case in...

 

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Laws That Create Sprawl , American Lung Association, Bloomington Transportation Options for People, Marion County Health Department (2006)

A speech explaining how land use regulations lead to automobile-dependent development, and suggesting a range...

 

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How Government Regulation Creates Sprawl: Jacksonville As A Case Study , Florida Coastal School of Law Environmental Summit (2006)

A PowerPoint presentation that shows how zoning, parking and street design regulations make Jacksonville one...

 

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National League of Cities speech on zoning , National League of Cities (2001)

A brief outline of how land use regulation causes sprawl; probably a bit less sophisticated...

 

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Why Sprawl Is A Conservative Issue , Smart Growth Speaker Series (2001)

This speech argued that conservatives should fight sprawl as a threat to conservative values such...