Tyler v. Hennepin County
Vol. 137 No. 1
In Pennsylvania Coal Co. v. Mahon, Justice Holmes observed that “while property may be regulated to a certain extent, if a regulation goes too...
Local Government
The Role of Courts in Addressing the Homelessness Crisis
Amid the record-breaking global temperatures this summer, the heat ticked ever higher in Sacramento between the District Attorney's office and City Hall. In a...
To Save a City: A Localist Canon of Construction
Vol. 136 No. 4
Introduction Oakland had a problem. Predatory lenders were aggressively targeting its residents, extracting exorbitant interest fees and imposing surprise balloon payments. Throughout the city,...
Welfarist Prosecution
Vol. 135 No. 8
Introduction Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It’s well established that criminal justice involvement...
State Preemption of Local Zoning Laws as Intersectional Climate Policy
Chapter Three
Vol. 135 No. 6
Three’s Company, Too: The Emergence of Polyamorous Partnership Ordinances
Vol. 135 No. 5
In the summer of 2020, the city of Somerville, Massachusetts, passed the first multiple-partner domestic partnership ordinance in the country. Spurred by the pandemic,...
Addressing Challenges to Affordable Housing in Land Use Law: Recognizing Affordable Housing as a Right
Vol. 135 No. 4
The rise of zoning at the dawn of the twentieth century ushered in an era of city planning that promised to improve the “safety...
Power and Powerlessness in Local Government: A Response to Professor Swan
Response to Constitutional Off-Loading at the City Limits
Vol. 135 No. 3
Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of...
Constitutional Off-Loading at the City Limits
Vol. 135 No. 3
The most constitutionally divisive issues in the United States today often play out literally on the ground, in the realm of land use. For...
To License a LULU: Scaling Preemption-Driven Responses to the Regulation of Recovery Homes
Vol. 135 No. 2
In land-use law and policy, local governments regularly bear the burden of making unpopular decisions. Local governments enjoy some level of home rule —...