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One hundred years of zoning and the future of cities
This book reconsiders the fundamental principles of zoning and city planning over the course of the past one-hundred years, and the lessons that can be learned for the future of cities. Bringing together the contributions of leading scholars, representing diverse methodologies and academic disciplines, this book studies core questions about the functionality of cities and the goals that should be promoted via zoning and planning. It considers the increasing pace of urbanization and growth of mega cities in both developed and developing countries; changing concepts on the role of mixed-use and density zoning; new policies on inclusionary zoning as a way to facilitate urban justice and social mobility; and the effects of current macrophenomena, such as mass immigration and globalization, on the changing landscape of cities. The book's twelve chapters are divided into four parts, each addressing different aspects of zoning and planning by combining theoretical analysis with a close observation of diverse case studies from North America and Europe to the Middle East and developing economies. Part I offers a critical analysis of the conventional account of zoning as a top-down form of land-use regulation starting with the 1916 NYC code. Part II studies how contemporary concepts of zoning, both substantive and procedural, impact the built environment across today's cities. Part III revisits the economic foundations of zoning and urban policy in the context of domestic markets, as compared with the regulatory and market effects of interstate agreements on cross-border real estate investments. Part IV analyzes the dominant, yet often implicit social and political motives that are driving zoning policies across different countries. This volume's focus on the ties between zoning policy and economics, politics, socioeconomic conditions, and the local-to-global scope of governance will appeal to scholars and students of political science, economics, law, planning, sustainability, geography, sociology, and architecture, as well as policy-makers and practitioners, especially those in developing countries and transitional and emerging economies.
Private communities and urban governance: theoretical and comparative perspectives
This book offers an interdisciplinary and comparative study of the complex interplay between private versus public forms of organization and governance in urban residential developments. Bringing together top experts from numerous disciplines, including law, economics, geography, political science, sociology, and planning, this book identifies the current trends in constructing the physical, economic, and social infrastructure of residential communities across the world. It challenges much of the conventional wisdom about the division of labor between market-driven private action and public policy in regulating residential developments and the urban space, and offers a new research agenda for dealing with the future of cities in the twenty-first century. It represents a unique ongoing academic dialogue between the members of an exceptional group of scholars, underscoring the essentially of an interdisciplinary and comparative approach to the study of private communities and urban governance. As such, the book will appeal to a broad audience consisting of policy-makers, practitioners, scholars, and students across the world, especially in developing countries and transitional and emerging economies.
From Global Databases to Global Norms? The Case of Cultural Property Law
In: 44 University of Pennsylvania Journal of International Law 359 (2023)
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The Law of Trusts and Collective Action: A New Approach to Property Deadlocks
In: 89 University of Cincinnati Law Review 388 (2021)
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Globalizing Property Law: An Institutional Analysis
This Article identifies the key role that institutions play in moving toward an effective cross-border regime in property law. Property is based on an in rem principle, which should provide a single system for ranking rights, powers, and priorities in assets that applies to all interested parties. In a global context, this feature of property law requires a cross-border legal ordering by an array of domestic and supranational institutions: legislative, administrative, and adjudicative. The Article argues that the present fragmentation of property norms across national borders, and the incompleteness of supranational institutions that deal with property law, may place limits on the ability to create and enforce a comprehensive global ordering of property rights. This current deficiency impacts a broad plethora of assets: land, tangible goods, monetary claims, intellectual property and other intangible assets, and resources such as tradable emission rights. Whereas "soft law" instruments do not require binding supranational institutions, the need for such institutions proves critical for more ambitious strategies for globalization, such as increasing attempts to provide supranational constitutional protection of the right to property, or establishing a property law infrastructure for a global market in capital, goods, and services.
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Residential Communities in a Heterogeneous Society: The Case of Israel
In: In: Private Communities and Urban Governance: Theoretical and Comparative Perspectives, Amnon Lehavi (ed.), New York: Springer (2016).
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Law, Collective Action and Culture: Condominium Governance in Comparative Perspective
In: 23(2) Asia-Pacific Law Review 5 (2015)
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Unbundling Harmonization: Public versus Private Law Strategies to Globalize Property
In: 15 Chicago Journal of International Law 452 (2015)
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The Dynamic Law of Property: Theorizing the Role of Legal Standards
In: Rutgers Law Journal, Band 42
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Judicial Review of Judicial Lawmaking
In: Minnesota Law Review, Band 96, S. 520
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Is Law Unbounded? Property Rights and Control of Social Groupings
In: Law of Social Inquiry, Band 35, S. 517
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Property Rights and Local Public Goods: Toward a Better Future for Urban Communities
In: The urban lawyer: the national journal on state and local government law, Band 36, Heft 1, S. 1-98
ISSN: 0042-0905