Copyright (c) 2009 All rights reserved. http://works.bepress.com/lewyn Recent documents in Michael E Lewyn en-us Wed, 08 Jul 2009 12:44:06 PDT 3600 http://works.bepress.com/lewyn/61 http://works.bepress.com/lewyn/61 Sun, 12 Apr 2009 14:17:51 PDT Rebuts myth that public transit is inherently unpopular by pointing out that where development is compact and streets are walkable, transit ridership tends to be higher. Michael E. Lewyn transportation public transit http://works.bepress.com/lewyn/60 http://works.bepress.com/lewyn/60 Tue, 07 Apr 2009 12:59:14 PDT Discusses a variety of policies that both limit sprawl and enhance, rather than reducing, landowners' property rights. Michael E. Lewyn Land Use Planning http://works.bepress.com/lewyn/59 http://works.bepress.com/lewyn/59 Sun, 22 Mar 2009 12:24:53 PDT Criticizes state-imposed limits on local taxation on the ground that state governments have no legitimate interest in setting local tax rates. Michael E. Lewyn State and Local Government Law http://works.bepress.com/lewyn/58 http://works.bepress.com/lewyn/58 Wed, 25 Feb 2009 09:18:19 PST The Supreme Court has held that when a government regulation reduces the value of property, and a property owner challenges the regulation under the Takings Clause of the Fifth Amendment, courts should consider (1) the economic impact of the regulation upon the property owner, (2) the effect of such regulation upon the property owner's reasonable investment-backed expectations, and (3) the character of the government action. A 2005 Supreme Court decision, Lingle v. Chevron, held that courts must focus primarily on the severity of the burden that government imposes upon property owners. Many courts and commentators interpret this language to mean that courts must focus solely on such burdens, and may no longer consider the public purpose justifying regulation. This article disagrees, and asserts that even after Lingle, courts should consider the extent to which government regulation promotes the public good. This is so for two reasons. First, the Lingle Court authorized such inquiry by writing that the "character of the government action" factor includes whether a government program adjusts "the benefits and burdens of economic life to promote the common good." Second, balancing private harm against public interest is simpler and easier to apply than other commentators' interpretations of the "character of the government action" factor. Michael E. Lewyn Land Use Planning http://works.bepress.com/lewyn/57 http://works.bepress.com/lewyn/57 Wed, 04 Feb 2009 14:19:31 PST Explains that suburban schools are more popular than urban schools primarily due to their more socially homogenous student bodies, and suggests that urban school systems seek to retain students through expanded magnet school programs. Michael E. Lewyn State and Local Government Law education http://works.bepress.com/lewyn/56 http://works.bepress.com/lewyn/56 Thu, 18 Dec 2008 06:22:20 PST Compares Jacksonville's murder rate with those of several other cities, using various techniques. Concludes that Jacksonville is somewhat more dangerous than the average city of its size, but not the most dangerous. Michael E. Lewyn Property-Personal and Real crime http://works.bepress.com/lewyn/55 http://works.bepress.com/lewyn/55 Thu, 30 Oct 2008 09:01:39 PDT Defends Jacksonville's annexation of its Duval County suburbs, and compares Jacksonville's post-annexation fate with that of less elastic southern cities. Michael E. Lewyn State and Local Government Law http://works.bepress.com/lewyn/54 http://works.bepress.com/lewyn/54 Thu, 02 Oct 2008 08:42:03 PDT Explains why conservatives should be worried about suburban sprawl. Michael E. Lewyn Land Use Planning Law and Society transportation public transit http://works.bepress.com/lewyn/53 http://works.bepress.com/lewyn/53 Thu, 28 Aug 2008 08:30:21 PDT Criticizes cul-de-sacs on the ground that they detract from neighborhood walkability, and proposes a variety of alternatives. Michael E. Lewyn Land Use Planning http://works.bepress.com/lewyn/52 http://works.bepress.com/lewyn/52 Tue, 12 Aug 2008 12:32:52 PDT The article discusses suburban sprawl (i.e., automobile-dependent suburban development) in Europe, and points out that some European cities have become less suburbanized and automobile-dependent in recent years: large European cities have gained population rather than losing people to their suburbs, while bus and train ridership has grown rather than shrinking. Pro-sprawl commentators argue that because Europe experienced considerable sprawl in the late 20th century, sprawl is inevitable in an affluent society; they reason that if European societies (which often combat sprawl more aggressively than does the United States) cannot stop sprawl, the United States certainly cannot do so. This essay rebuts that argument, by showing that Europe's policies have been fairly successful in rolling back the tide of sprawl. Michael E. Lewyn Comparative Law Environmental Law Land Use Planning Law and Society