With almost ten years of nationwide dialogue and experimentation with the legal implementation of smart growth concepts at the state and local levels, this paper pauses to consider whether and to what extent success has been realized. The one certainty in this dynamic intersection of land...

Infolge der Regionalisierung von Wirtschafts- und Strukturpolitik entstehen entweder vollkommen neue Institutionen (horizontale Regionalisierung) oder Institutionen mit neuen Kompetenzen (vertikale Regionalisierung). Der Erfolg einer Regionalisierungspolitik läßt sich am Grad der...

This article reviews recent scholarship invoking the prophetic tradition in American jurisprudence and calling for the transformation of property law. It contrasts imposed top-down social change with Burkean and Oakeshottian gradual change derived from conversation within our legal and cultural...

The legislative framework for controlling stormwater runoff emanates from two federal acts; the Clean Water Act (CWA) and the Coastal Zone Management Act. Under the Clean Water Act, the Environmental Protection Agency (EPA) subjects point sources to direct, uniform and effective federal...

While nation states debate climate policy at an international scale, on a local level, cities across the globe have committed to emission targets and mitigation activities. This study analyses the actual performance of municipal climate action against their targets. Official information material...

In the wake of the terrorist attacks of 9/11, the Department of Defense ("DoD") convinced Congress that compliance with environmental and natural resource laws hampered the Armed Forces' readiness for combat by limiting use of its training ranges. This Article evaluates whether Congress's...

This paper studies how various land-use regulations interact to affect housing supply and affordability. We use cross-sectional variation across space from novel parcel-level zoning data and a boundary discontinuity design at regulation boundaries to obtain causal estimates for the effect of...

How important are windows of opportunity for institutional change? This paper focuses on groundwater-related regulation and assistance in Texas since 1949. Communities adopted a common framework to form local government organizations. These groundwater conservation districts modified the...

This Article is the first of two companion articles that (i) analyze the requirements in Internal Revenue Code section 170(h) that a deductible conservation easement be “granted in perpetuity” and its conservation purpose be “protected in perpetuity” and (ii) compare those requirements...