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Land Use Regulation: Cases and Materials, Fifth Edition

Daniel P. Selmi, James A. Kushner, Edward H. Ziegler, Joseph F.C. DiMento, John Echeverria

$248.00

  • ISBN: 9781454877547

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  • Description

    Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the 5th Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.

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  • Details
    Page Count 1104
    Published 03/01/2017
  • Additional Product Details

    Contents
    Preface to the Fifth Edition
    Acknowledgments

    PART ONE INTRODUCTION TO LAND USE CONTROLS
    Chapter 1 The Regulatory Setting: Land, Ethics, Economics, and Participants

    PART TWO THE LAND USE REGULATORY TOOLS
    Chapter 2 Zoning
    Chapter 3 Subdivision Regulation
    Chapter 4 Infrastructure
    Chapter 5 The Role of Planning

    PART THREE THE LIMITS OF CURRENT LAND USE REGULATION
    Chapter 6 Judicial Review of Land Use Decisions
    Chapter 7 Takings
    Chapter 8 The First Amendment and Other Constitutional Protections
    Chapter 9 Regional, State, and Federal Land Use Regulation
    Chapter 10 Alternative Methods for Land Use Decision Making

    PART FOUR EVOLVING ISSUES IN LAND USE REGULATION
    Chapter 11 Confronting New Land Use Challenges: Smart Growth, Climate Change, Health, and Vulnerable Populations
    Chapter 12 Securing a Sufficient Housing Supply

    PART FIVE THE USE OF LAND USE CONTROLS TO EFFECTUATE GOVERNMENT POLICY OBJECTIVES
    Chapter 13 Housing and Discrimination
    Chapter 14 Environmental Protection
    Chapter 15 Urban Redevelopment, Economic Development, and Anticompetitiveness
    Chapter 16 Siting Unpopular Land Uses and Environmental Justice
    Chapter 17 Protection of Cultural and Aesthetic Values

    Table of Cases
    Table of Secondary Authorities
    Index

  • Author Information

    Daniel Selmi

    While in law school, Daniel Selmi was comments editor of the Santa Clara Law Review. After graduation, he served as law clerk to the Honorable Manuel L. Real, United States District Judge for the Central District of California. Selmi was appointed a deputy attorney general for the State of California, serving from 1976-83 in the Environmental Law and Natural Resources Law Sections. A lecturer at the University of California Irvine in 1979-80 and an adjunct professor at Loyola Law School from 1981-83, he joined Loyola's full- time faculty in 1983 and served as associate dean for academic affairs from 1990-93. He has also served as reporter to the Civil Justice Reform Act Advisory Committee for the Central District of California, and during the 1993-94 academic year he was a Visiting Scholar at the Environmental Law Institute in Washington D.C.
    Professor Selmi is co-editor of the six volume treatise, California Environmental Law and Land Use Practice and co-author of the casebook Land Use Regulation: Cases and Materials . Over his career he has briefed over 30 appellate cases involving environmental and land use law, and he argued over 20 of those in the appellate court, including three in the California Supreme Court. He coaches the Law School 's student teams entered in the annual National Environmental Law Moot Court Competition and the California State Bar Section on Environmental Law's Annual Negotiation Competition.
    Professor Selmi has been a panelist on numerous occasions at the California State Bar Section on Environmental Law's Annual Conference at Yosemite . He has also been a panelist at both the Annual California Land Use Law and Planning Conference and the Los Angeles County Bar Section on Environmental Law's Annual &"Super-Symposium”. Most recently, he was a panelist at the First and Second Annual &"Little NEPA” Conferences, sponsored by the American Bar Association's Section on Environment, Energy, and Resources. He has been a regular lecturer at the &"Western Environmental Boot Camp,” sponsored by the Environmental Law Institute, which educates new practitioners in the field of environmental law.

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    James Kushner

    James Kushner is an internationally recognized expert in land use, community development and constitutional law whose numerous publications stand as some of the most highly regarded treatises on the art, science and law of urban planning. Among his most recent books are The Post-Automobile City, Comparative Urban Planning Law, and the latest editions of Subdivision Law and Growth Management, Housing And Community Development, Land Use Regulation: Cases and Materials, Government Discrimination: Equal Protection Law and Litigation, and Fair Housing: Discrimination In Real Estate, Community Development and Revitalization.
    Early in his career, Professor Kushner served as director of housing for the Office of Economic Opportunity in Ohio, as managing attorney of the Law Reform Unit of the Legal Aid and Defender Society of Greater Kansas City, and as project attorney for the Earl Warren Legal Institute's National Housing and Economic Development Law Project in Berkeley.
    While serving in those capacities, Professor Kushner also taught as a member of the adjunct faculties of several law schools. He joined Southwestern's full-time faculty in 1975, and in recent years was honored with the Buchalter and Rosenberg Professorships at the law school. Professor Kushner has also been in demand as a visiting professor at law schools around the country, as well as the University of Virginia School of Architecture, Dortmund University School of Regional Planning, and the University of Utrecht in the Netherlands.
    Over the past decade, Professor Kushner has served as an advisor on fair housing enforcement, law and policy to the U.S. Department for Housing and Urban Development and other government entities. A former president of the Board of Directors of the Fair Housing Congress of Southern California, he has served on numerous executive boards, including those of the Association of American Law Schools Sections on Constitutional Law, Local Government Law, and Poverty Law.

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    Edward Ziegler

    Professor Ziegler is a founder and past president of the Rocky Mountain Land Use Institute. He is a Professor of Law at the University of Denver Sturm College of Law and is a frequent speaker and noted scholar on zoning, urban planning law, and sustainable development. Professor Ziegler has published in professional journals throughout the United States, as well as in France, Italy, China, India, Spain, Chile, Colombia and Great Britain. His writings, which include the teaching casebook Land Use Regulation, published by Aspen Co., and the five-volume treatise Rathkopf’s The Law of Zoning and Planning, published by Thomson-West, are cited and quoted in leading teaching casebooks and are widely cited in land use cases by state appellate courts as well as by the United States Supreme Court. Professor Ziegler's consulting, research projects, and lectures on land use planning have included projects for the French Ministry of the Interior, the Pantheon-Sorbonne University of Paris I, the Institute for the Study of Public Law at the University of Barcelona in Spain, the European Network for Housing Research based in Sweden, the Federal Institute for Spatial and Landscape Planning in Zurich, Switzerland, and the Shanghai Institute of Urban Planning and Design in China. He is a member of the International Advisory Board of the World Congress for the Renewable City based in Sydney, Australia and was recently selected as a European Union Erasmus Mundus Visiting Scholar for 2009 in the field of urban planning law and sustainable development.
    In the United States, his work has ranged from projects for the Louisiana Recovery Authority, the Port of Dutch Harbor on the Bering Sea and Anchorage, Alaska, to research on New York City's special zoning districts and Florida's Reedy Creek Improvement District, which manages development of Disney World. He has been involved in research projects or symposia for the Center for the Study of American and Comparative Law, the Southwest Legal Foundation, the Lincoln Institute of Land Policy, The Conservation Foundation, the American Bar Association, the American Planning Association, the Urban Land Institute, the National Association of Homebuilders, and the U.S. Environmental Protection Agency. He has also served as a consultant to the United States’ Senate Judiciary and Senate Public Works and the Environment Committees on matters related to land use and private property rights.

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