Michael Lewyn is an assistant professor at Touro Law Center in Long Island.
As Congress begins to draft transportation legislation next year, fiscal scarcity
may induce a fight between transit and highway advocates over federal funding,
rather than the cooperation of the last few years. And if highway advocates seek to tear down federal support
for other forms of transportation, they will probably rely heavily on
federalism considerations, arguing that highways are inherently an interstate
concern while transit and non-motorized forms of transportation are a
For example, Alan
Pisarski writes: “If sidewalks and bike paths are federal then everything
There are two flaws in this argument. First of all, highways are not always
primarily an interstate concern
Tuesday, December 14, 2010 - 9:15pm PST
In a recent blog post,(1) highway expert Alan Pisarski suggests that highway-oriented sprawl development is somehow necessary for the development of modern labor markets.(2) Pisarski writes that regional job markets are jobs are more specialized today than they were in his youth, and labor markets are thus "of immense size because many [highly specialized] employers need a market of hundreds of thousands of potential workers to reach the ones they need. The Atlanta region of 26 counties is not a great economic engine because it is 26 charming adjacent hamlets, but rather because the market reach of employers, suppliers, customers and job seekers spreads over several million residents."
Tuesday, November 16, 2010 - 12:53pm PST
While critiquing one of my blog posts, Prof. Randall Crane asked: "Is any parking regulation a net social burden or only 1.75 spaces per Jacksonville, Florida apartment?" This question in turn is an example of a broader question: how do we resolve an issue when we don’t know, and perhaps have no way of knowing, the ideal empirical answer?
Parking regulation presents a classic example: looking at environmental harm alone, it seems to me clear that minimum parking requirements create some environmental harm by on balance encouraging driving, but also reduce environmental harm from "cruising" (motorists wasting time and fuel searching for parking spaces).*
Tuesday, October 26, 2010 - 8:15am PDT
Every so often, I read something describing defenders of sprawl as "contrarians", implying that they are underdogs fighting against the elitist, anti-sprawl Establishment. For example, when I did a google.com search for sites including Robert Bruegmann (author of one of the better defenses of the status quo) and the word "contrarian" I found over 1400 "hits." Similarly, a search for websites using the terms "smart growth" and "elitist" yielded over 6000 hits.
But realistically, most of the U.S. built environment is sprawl by any concievable definition. So how can it be "contrarian" to defend the status quo?
Wednesday, October 13, 2010 - 11:11am PDT
When you buy a house, you might think that you are in
control of that house and its value. But in reality, your house’s value
depends on a wide variety of factors beyond your control, such as the
perceived desirability of your neighbors, local highway and transit
policies, and trends in national and regional housing markets. Your
home may be your castle in a physical sense- but its value is heavily
affected by what goes on outside the residential setting.
In her new book The Unbounded Home, University of Chicago law professor
Lee Fennell addresses the implications of this reality and of
homeowners’ attempts to reassert control over property values through
restrictive covenants and zoning.
Tuesday, September 14, 2010 - 7:57am PDT
A couple of years ago, I was listening to a friend explain why she left Rochester for Jacksonville. "I was tired of digging my car out of the snow." It occurred to me that the nexus between driving and winter weather may at least partially explain the decline of America’s northern Rust Belt.
Here’s why: car care and storage makes snow a bigger bother than might otherwise be the case: if you don’t have a heated garage, you have to dig your car out of the snow every day, and if you park on the street you may have to constantly move your car to accommodate municipal snow removal.
Friday, September 3, 2010 - 8:44am PDT
A couple of weeks ago, I was on a bus in Chicago and noticed
something that I had not noticed before- that how you paid to get on the bus
affected how long you took to get on the bus.
People who flashed monthly passes boarded in a few seconds. People who put in dollar bills got on a lot
more slowly, as they fumbled for the right number of bills. People who had to pay change took longer
So to speed buses’ on-time performance (pun intended)
transit agencies should encourage the former and discourage the latter.
Friday, August 13, 2010 - 11:47am PDT
A few days ago, I was in a Chicago neighborhood called Lincoln Square, on Lincoln Avenue just south of Lawrence Avenue. Lincoln Avenue looks like many posh urban neighborhoods- narrow, walkable streets inhabited by gelato-eating, prosperous-looking people. Even on a weeknight, the shops and streets of Lincoln Square betrayed no evidence of a recession.*
Thursday, July 29, 2010 - 5:50pm PDT
(NOTE TO READERS: An expanded, footnote-filled version of this article is online at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1632935 )
(or benefits) imposed on third parties by another individual’s voluntary
action. Government regulations exist at least partially to protect us from externalities created by others.
Thursday, July 1, 2010 - 11:59am PDT
I began to type this, I was on a Greyhound bus somewhere in southern Ontario,
on the first leg of my return from Toronto (where I have spent the past
year getting an extra
degree) to the United States.
As I type, it occurs to me to ask
myself: what are the interests of the long-distance bus rider? Are
they the same as users of other forms of
public transit, or closer to those of drivers and truckers? My short
answer to these questions is: a little of both.
Tuesday, June 22, 2010 - 8:01pm PDT