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Land Use without Zoning
The conversation about zoning has meandered its way through issues ranging from housing affordability to economic growth to segregation, expanding in the process from a public policy backwater to one of the most discussed policy issues of the day. In his pioneering 1972 study, Land Use Without Zoning, Bernard Siegan first set out what has today emerged as a common-sense perspective: Zoning not only fails to achieve its stated ends of ordering urban growth and separating incompatible uses, but also drives housing costs up and competition down. In no uncertain terms, Siegan concludes, “Zoning has been a failure and should be eliminated!” Drawing on the unique example of Houston—America...
Economic Liberties and the Constitution
In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressiv...
Property Rights
Property Rights: From Magna Carta to the Fourteenth Amendment breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U....
Other People's Property
This book is concerned with land use, the disconnect between competing interest groups for an area of land, and how much the government should be involved in land regulation.
Drafting a Constitution for a Nation Or Republic Emerging Into Freedom
Bernard H. Siegan describes the terms and provisions that a constitution dedicated to the maintenance of a free society should contain, together with the rationale and philosophy behind them. The author gives special consideration to the newly emerging nations of Eastern Europe and formerly communist countries. Topics covered include the powers of and restraints on the legislature and the president, administrative agencies, the judiciary, judicial rights for the protection of liberty in addition to property rights and economic liberties. Siegan also includes a suggested model constitution.
Arbitrary Lines
It's time for America to move beyond zoning, argues city planner M. Nolan Gray in Arbitrary Lines: How Zoning Broke the American City and How to Fix It. With lively explanations, Gray shows why zoning abolition is a necessary--if not sufficient--condition for building more affordable, vibrant, equitable, and sustainable cities. Gray lays the groundwork for this ambitious cause by clearing up common misconceptions about how American cities regulate growth and examining four contemporary critiques of zoning (its role in increasing housing costs, restricting growth in our most productive cities, institutionalizing racial and economic segregation, and mandating sprawl). He sets out some of the efforts currently underway to reform zoning and charts how land-use regulation might work in the post-zoning American city. Arbitrary Lines is an invitation to rethink the rules that will continue to shape American life--where we may live or work, who we may encounter, how we may travel. If the task seems daunting, the good news is that we have nowhere to go but up.
Property and Freedom
Over the past few years, a series of Supreme Court decisions has strengthened the legal protection of private property in the United States by limiting the power of state and local governments to impose zoning ordinances and land-use regulations on property owners. Bernard H. Siegan explores this new direction of the Supreme Court in Property and Freedom: The Constitution, the Courts, and Land-Use Regulation, arguing that this recent jurisprudence implements the objectives of the framers of the original Constitution, the Bill of Rights, and the Fourteenth Amendment. Discussing several key land-use cases, Siegan describes the emergence of a new standard of review for land-use regulations—a ...
We the People
Describes and illustrates commemorations across the country of the bicentennial of the United States Constitution.
Famous Fables of Economics
Famous Fables of Economics critiques some of our most cherished stories of market failure.
Regulating Place
Regulating Place looks at how design standards have shaped the built environment of urban America. Tracing the history behind the evolution of building codes, the contributors examine the increasing influence of regulatory codes over urban design and planning during the past century. From the environment to housing to public space, the volume considers the positive and negative effects of regulation on American cities - particularly the merits of flexible approaches relative to more rigid, technocratic methods. Regulating Place also questions what sort of criteria should be used to measure reg.
