Antitrust
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...
Communications Law
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.
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,...
Comparative Law
Sprawl in Europe And America (2009)
Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...
Sprawl In Europe And America, ExpressO (2008)
The article discusses suburban sprawl (i.e., automobile-dependent suburban development) in Europe, and points out that...
Constitutional Law
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...
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...
How To Limit Gerrymandering , Florida Law Review (1993)
An extensive discussion of constitutional issues related to partisan gerrymandering.
Election Law
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...
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...
How To Limit Gerrymandering , Florida Law Review (1993)
An extensive discussion of constitutional issues related to partisan gerrymandering.
Environmental Law
Sprawl in Europe And America (2009)
Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...
Why Pedestrian-Friendly Street Design Is Not Negligent, ExpressO (2009)
[to be published at University of Louisville Law Review] In recent decades, American state and...
Sprawl In Europe And America, ExpressO (2008)
The article discusses suburban sprawl (i.e., automobile-dependent suburban development) in Europe, and points out that...
Why Pedestrian-Friendly Street Design Is Not Negligent, ExpressO (2008)
In recent decades, American state and local highway officials have built wide streets and roads...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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”...
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...
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.
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...
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...
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...
Housing Law
Life After Oil, Folio Weekly (2008)
Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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...
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...
Land Use Planning
Sprawl in Europe And America (2009)
Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...
Why Pedestrian-Friendly Street Design Is Not Negligent, ExpressO (2009)
[to be published at University of Louisville Law Review] In recent decades, American state and...
Circular Logic, Folio Weekly (2008)
Criticizes cul-de-sacs on the ground that they detract from neighborhood walkability, and proposes a variety...
Sprawl In Europe And America, ExpressO (2008)
The article discusses suburban sprawl (i.e., automobile-dependent suburban development) in Europe, and points out that...
Life After Oil, Folio Weekly (2008)
Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...
YOU CAN HAVE IT ALL: LESS SPRAWL AND PROPERTY RIGHTS TOO, ExpressO (2008)
[To be published at Temple Law Review] The article describes two visions of suburban development,...
Saving The Inner Suburbs, Folio Weekly (2007)
While Jacksonville's older, more walkable neighborhoods and its newest suburbs have been thriving, its 1950s...
Hometown Blues, Folio Weekly (2007)
Criticizes "Hometown Democracy" - a proposal to decide comprehensive plan amendments in Florida by referendum.
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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.
Yes to Development, Yes to Density , Folio Weekly (2007)
This article calls for a deregulatory land use policy that allows more compact development in...
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...
Jacksonville's Sprawl Is Jacksonville's Fault , Folio Weekly (2007)
An op-ed length critique of zoning and planning in Jacksonville.
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...
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...
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...
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”...
Widening Riverside is harmful , Florida Times-Union (2006)
Criticizes recent street widening in Jacksonville.
A Libertarian Smart Growth Agenda , Planetizen.com (2006)
Proposes a variety of anti-sprawl policies that smart growth supporters and property rights advocates should...
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”)...
Zoning Without Zoning , Planetizen.com (2003)
Addresses issues raised in my Wayne Law Review article about Houston, but in concise op-ed...
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.
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...
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...
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...
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...
Sprawl = Injustice , Planetizen.com (2001)
Discusses negative effects of suburban sprawl upon Americans too poor or disabled to drive.
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...
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...
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...
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...
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...
Law and Society
Sprawl in Europe And America (2009)
Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...
Sprawl In Europe And America, ExpressO (2008)
The article discusses suburban sprawl (i.e., automobile-dependent suburban development) in Europe, and points out that...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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.
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...
"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...
Sprawl = Injustice , Planetizen.com (2001)
Discusses negative effects of suburban sprawl upon Americans too poor or disabled to drive.
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...
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...
Legal Education
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”...
New Urbanism
Life After Oil, Folio Weekly (2008)
Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...
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...
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...
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...
Property-Personal and Real
Sprawl in Europe And America (2009)
Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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...
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”...
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...
public transit
Life After Oil, Folio Weekly (2008)
Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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.
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...
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...
Sprawl = Injustice , Planetizen.com (2001)
Discusses negative effects of suburban sprawl upon Americans too poor or disabled to drive.
State and Local Government Law
Life After Oil, Folio Weekly (2008)
Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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.
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...
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...
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...
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”...
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.
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...
Torts
Why Pedestrian-Friendly Street Design Is Not Negligent, ExpressO (2009)
[to be published at University of Louisville Law Review] In recent decades, American state and...
Why Pedestrian-Friendly Street Design Is Not Negligent, ExpressO (2008)
In recent decades, American state and local highway officials have built wide streets and roads...
transportation
Sprawl in Europe And America (2009)
Rebuts the "Inevitability Theory of Sprawl"- the common argument that anti-sprawl policies would be futile...
Life After Oil, Folio Weekly (2008)
Asserts that the rising price of oil justifies land use reforms designed to facilitate walking...
Jacksonville: Not So Driver Friendly, Metrojacksonville.com (2008)
Commentators on transportation policy sometimes write as if drivers and nondrivers are locked in a...
Five Myths About Sprawl , Harvard BlackLetter Law Journal (2007)
In Sprawl: A Compact History, Robert Bruegmann, an art historian, has painted a superficially convincing...
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.
The Case Against Roads, Folio Weekly (Jacksonville entertainment weekly) (2007)
Criticizes proposals for a new outer beltway highway near Jacksonville, FL.
Car-Free in Jacksonville, Folio Weekly (2007)
I lived without a car in Jacksonville, FL (one of America's most car-dependent large cities)...
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...
Widening Riverside is harmful , Florida Times-Union (2006)
Criticizes recent street widening in Jacksonville.
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...
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...
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...
"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...
Sprawl = Injustice , Planetizen.com (2001)
Discusses negative effects of suburban sprawl upon Americans too poor or disabled to drive.
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...
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...
Transportation Law
YOU CAN HAVE IT ALL: LESS SPRAWL AND PROPERTY RIGHTS TOO, ExpressO (2008)
[To be published at Temple Law Review] The article describes two visions of suburban development,...