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David Schleicher Profile
David Schleicher

@ProfSchleich

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11,731
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Professor, YLS; ; YNWA

Joined January 2012
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@ProfSchleich
David Schleicher
3 years
A bad journalism about cities checklist: ✔️Wildly misunderstands the relationship btwn housing supply and prices ✔️Suggests new parks are bad ✔️Says increasing density increases emissions (b/c it focuses on local emissions rather than per capita global)
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@ProfSchleich
David Schleicher
2 years
An intermediate California appellate court embraced a view that economic growth -- of any kind -- is an environmental harm that needs to mitigated because it draws new people into an area with limited housing. This is the upside-down good-is-bad world created by housing scarcity
@CSElmendorf
Chris Elmendorf
2 years
The court says that homeless people cause (or are?) an environmental problem, and that bringing more students to Berkeley increases demand for housing and may displace existing residents, driving some into homelessness. Ergo, an EIR for a long-range student enrollment... /19
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@ProfSchleich
David Schleicher
2 years
Despite a few dead-enders, this is the expert consensus "Exclusionary land use and zoning policies constrain land use,...inflate prices, perpetuate historical patterns of segregation, keep workers in lower productivity regions, and limit economic growth."
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@ProfSchleich
David Schleicher
10 months
I'm pretty confident this will be reversed and the laws will be upheld, but it's worth noting that state trial courts -- from Montana to Minnesota to New York -- are central parts of NIMBY politics.
@mattyglesias
Matthew Yglesias
10 months
It’s just wild the shit we allow courts to do in this country. Oh both houses of the state legislature voted for it and the governor signed it? Well too bad!
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@ProfSchleich
David Schleicher
3 years
I have a new paper out, “Exclusionary Zoning’s Confused Defenders,” . The piece reviews articles by some prominent legal academic critics of zoning reform and finds their arguments…. wanting (1/11)
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@ProfSchleich
David Schleicher
2 years
The academic consensus that the only real solution to a housing crisis is increasing supply is even beginning to penetrate the hardest nut to crack: the deeply provincial New York City Council
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@ProfSchleich
David Schleicher
4 years
Hi everyone! Quick news: @samuelmoyn and I just launched a new podcast: Digging a Hole: The Legal Theory Podcast
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@ProfSchleich
David Schleicher
5 years
The belief that homeowners are something other than an interest group is very important to their power
@MarketUrbanism
Market Urbanism
5 years
Every candidate takes real estate money. They take the most subsidized, the most undertaxed, the most destructive kind of real estate money: NIMBY homeowner money
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@ProfSchleich
David Schleicher
3 years
Telling this story from the perspective of annoyed residents is an insane framing - housing growth on the UWS is very slow, its population has been falling (even pre-Covid) despite high prices. And it is extremely well supported by transit.
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@ProfSchleich
David Schleicher
3 years
Amazing “Gimmie Shelter” podcast on the Berkeley CEQA lawsuit. The most interesting bit was the implicit assertion of authority by the neighborhood activist, that he and the courts should get to decide questions like where the university should build housing.
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@ProfSchleich
David Schleicher
4 years
Glaeser’s line on this is terrific: “Humans are a destructive species. We need dense cities to keep them out of nature”
@jdcmedlock
James Medlock
4 years
@SpeakingBee @mattyglesias I love nature and I love immigration and population growth. One reason for housing density is so we can keep the nature around cities preserved
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@ProfSchleich
David Schleicher
4 years
Car dealerships’ political power is a difficult thing to explain for those committed to arguments that industrial concentration or firm size leads to power in a straightforward fashion, as it is their spread and small size (in every district) that makes them so formidable.
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@ProfSchleich
David Schleicher
4 years
The only two American institutions that have proved themselves in this crisis are the Federal Reserve and the NBA
@ZhangTaisu
Taisu Zhang
4 years
Thus far, the greatest display of technocratic competence in pandemic management on American soil has very likely been the NBA. Congratulations to the Lakers, but even more congratulations to the league for actually making the bubble work. Whoever wins the Election, take notes.
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@ProfSchleich
David Schleicher
4 months
On congestion pricing: The nationalization of state and local politics has jumped from voters caring more about national politics to actual *Governors* caring more about national politics than state policy.
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@ProfSchleich
David Schleicher
5 years
I appreciate @Richard_Florida sharing this paper, b/c I wouldn't have necessarily come across it on my own. And it is *horrible* but in an interesting way. A tweet storm
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@ProfSchleich
David Schleicher
4 years
Well, at least NYC's unemployment rate is so low that no one will miss these jobs ... Oh, wait, what, the unemployment rate is 19.9%? Seems bad
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@ProfSchleich
David Schleicher
5 years
Allowing density is the single best climate policy a city can adopt.
@MarketUrbanism
Market Urbanism
5 years
Truly unhinged @MASNYC report tries to link their fight against development in rich neighborhoods with the fight against climate change
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@ProfSchleich
David Schleicher
1 year
Great news: Another land use decision by NYC's most NIMBY trial judge, Arthur Engeron, this time about 250 Water Street, gets reversed on appeal
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@ProfSchleich
David Schleicher
5 years
This @nytimes editorial on the housing plans of the Democratic Presidential candidates is quite sound. I wish, though, they'd apply the same pro-supply logic in their own backyard, to NYC and NY State politics, where it would matter much more
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@ProfSchleich
David Schleicher
1 year
Look what arrived!! Out on newsstands soon!
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@ProfSchleich
David Schleicher
5 years
It's becoming a bit cliche to note this, but if a rich person really wanted to help in American democracy in a tangible way, she would do so by stopping local papers like this from closing
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@ProfSchleich
David Schleicher
4 years
That thing where how the NYTimes being wrong about something you know about effecting your assessment of other pieces, but in reverse - @ConorDougherty ’s piece on housing markets and population shifts is excellent
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@ProfSchleich
David Schleicher
3 years
It's really bonkers, but captures the really weird ideas surrounding "eco-gentrification" or "just green enough." Rather than embracing new housing supply so that more can enjoy them, they are worried that cities might have too many amenities and be too nice
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@ProfSchleich
David Schleicher
2 years
My new book, In a Bad State: Responding to State and Local Fiscal Crisis, is available for pre-order! (It’s out in May). Much, much, much more on this in the near future, but here’s a preview thread… .
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@ProfSchleich
David Schleicher
3 years
The press and First Amendment scholars are now realizing what people involved in land use have long known: New York’s trial level courts are full of judges barely constrained by settled law and eager to impose their policy preferences
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@ProfSchleich
David Schleicher
4 years
@swinshi If you’ve cooked the argument with the assumption: why assume “state” is the unit that should make decisions? If you start there, something like the Senate/EC is inevitable. But that’s what the argument is about!
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@ProfSchleich
David Schleicher
1 year
Look at this project by two @YaleLawSch students! A lack of media coverage of local government has contributed to lower rates of participation in local elections, less split ticket voting, and higher local borrowing costs. This might provide the beginning of a solution.
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@ProfSchleich
David Schleicher
5 years
This otherwise very good article about the endorsements of NIMBYs made by Bernie Sanders's political organization somehow missed the fact that Michael Weinstein, LA's arch-NIMBY, is one of his major housing policy advisors,
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@ProfSchleich
David Schleicher
5 years
Update: the @nytimes offered a correction: "An earlier version of this article misstated the nature an effort in Minneapolis to encourage construction of multifamily housing. The city eliminated single-family zoning, it did not ban single-family homes."
@ProfSchleich
David Schleicher
5 years
"Minneapolis recently moved to rezone most of the city to ban new single-family homes" Umm....That's not what happened at all. @nytimes
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@ProfSchleich
David Schleicher
3 years
The part that bothers me the most is not the economic illiteracy or the adoption of a bizarre scarcity mindset -- it's the focus on local emissions as the standard for how "green" something is. That's both bad and truly widespread and part of government policy.
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@ProfSchleich
David Schleicher
2 years
The weirdest thing about this @nytimes piece is that it imagines most reductions in the # of units are happening in new buildings. In the neighborhoods it discusses, almost all reductions in units are caused by combining apartments in existing buildings
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@ProfSchleich
David Schleicher
2 years
A few people have already started asking whether the dissolution of Reedy Creek violates the Contract Clause, so I figured I’d lay out the issues for people. (1/21). It's an interesting question involving a wild story!
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@ProfSchleich
David Schleicher
5 years
The lack of productivity growth in the construction sector is one of the great unexplained economic questions.
@MargRev
Marginal Revolution
5 years
Something is wrong with construction
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@ProfSchleich
David Schleicher
1 year
I have an essay in the @TheAtlantic about the end of the era of flush state and local budgets and how we should react to it,
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@ProfSchleich
David Schleicher
2 years
Am very much enjoying ⁦ @mnolangray ⁩’s terrific new book.
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@ProfSchleich
David Schleicher
5 years
Excellent ⁦ @mattyglesias ⁩ piece citing my tweets about federalism and Coronavirus Trump’s federal response to coronavirus is nowhere to be found - Vox
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@ProfSchleich
David Schleicher
2 years
"Historic preservation not only gave this process of hyper-gentrification an imprimatur of political and legal legitimacy it might otherwise have lacked, but also continues to enable it in the present day." Excellent @JakeAnbinder
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@ProfSchleich
David Schleicher
2 years
Just so we're clear, the logic of this opinion suggests that reductions in air pollution are a harmful environmental impact that needs to be mitigated. Better air is bad for the environment, sez California court!
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@ProfSchleich
David Schleicher
5 years
For greenhouse gas emissions, "Building efficiency is not enough; density apparently matters a whole lot more."
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@ProfSchleich
David Schleicher
5 years
This @NewYorker piece on housing markets is almost comically awful, as it pretends to review the literature on housing and growth but actually somehow misses all the parts that didn't emerge from geography departments and stray blogs,
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@ProfSchleich
David Schleicher
5 years
This excellent piece by @cmhrrs *destroys* that @TexasTribune article that said Houston was actually more expensive than New York, an argument that made no sense on its face. But this is very comprehensive about its many, many flaws.
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@ProfSchleich
David Schleicher
3 years
The Buckhead Secession is one of the most interesting political fights in the country and is an advertisement for why lawyers who care about housing policy, segregation, policing and the practice of democracy need to take a class in local government law
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@ProfSchleich
David Schleicher
4 years
"If the city ... elects to obstruct new development because a few people want to protect their views, or because a historical preservation commission prefers parking lots to apartment buildings, its rivals ... will blow past New York."
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@ProfSchleich
David Schleicher
4 years
YLS students did an amazing job during this Woodbridge hearing challenging the "faux environmentalism" that opponents use to oppose density. It's an amazing model of how to respond to bad environmental arguments for single-family only zoning
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@ProfSchleich
David Schleicher
3 years
Never has it be so clear how the combination of land use regulation and environmental litigation can be used by settled homeowners to strangle the future …
@SaraLibby
Sara Libby
3 years
BREAKING: UC Berkeley must slash admissions by thousands after state Supreme Court sides with neighbors who sued.
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@ProfSchleich
David Schleicher
5 years
Oy! Systematically making it harder to use what zoning capacity there is in New York by slowing ZLMs and encouraging downzonings is a insane policy in the context of a housing crisis.
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@ProfSchleich
David Schleicher
4 years
That @jakebackpack would slam someone for not having done the reading, and then argue that housing supply does not effect prices, w/o mentioning that there is a huge academic literature that shows that he is wrong, is somewhere between funny and awful
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@ProfSchleich
David Schleicher
2 years
By the logic of this opinion, any project that increases interest in moving to an area is an environmental harm that needs to mitigated. This includes projects that directly reduce air pollution, as air pollution surely makes areas less attractive.
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@ProfSchleich
David Schleicher
6 months
The patience to respond to clearly wrong ideas slowly and with as much generosity as possible is a wonderful trait
@GeorgistSteve
Stephen Hoskins 🔰🏗️🧦🪩
6 months
Patrick Condon's housing model is wrong. But it's wrong in some pretty interesting & pseudo-Georgist ways. So let's go through them. 🧵
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@ProfSchleich
David Schleicher
1 year
"“It’s ironic that the wealthy neighbors of this church, who have multimillion apartments, who have windows overlooking this space, are claiming that they are the little guys,” he said."
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@ProfSchleich
David Schleicher
5 years
This piece In @UrbanAffairsRev is a *doozy,* somehow using avowedly politically left principles to argue in favor of exclusionary zoning in rich suburbs (or at least to criticize any effort to change these policies) .
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@ProfSchleich
David Schleicher
3 years
This is a terrific column, highlighting the conflict between the interests of conservation-minded local chapters of environmental groups and the demands of decarbonization, with some amazing examples of faux-environmental NIMBYism employed against clean energy projects
@Noahpinion
Noah Smith 🐇🇺🇸🇺🇦🇹🇼
3 years
Our environmental organizations were designed for an era when smog and sprawl were the issues of the day. They are increasingly getting in the way of fighting climate change. A guest post by @Nowooski .
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@ProfSchleich
David Schleicher
11 months
Seen in NYC! Seeds of a popular movement to reform the city’s bizarre scaffolding laws?
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@ProfSchleich
David Schleicher
2 years
@MarketUrbanism This is a classic example of why per capita emissions is a bad thing to target. Aluminum smelting is in Iceland due the cheap and clean electricity, but it still produces a lot of Co2 (just less than it would elsewhere).
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@ProfSchleich
David Schleicher
4 years
What should the federal government do if an llinois or Connecticut or Chicago is on the edge of defaulting on its debt? I have a new draft piece up that discusses the history and theory of federal responses to state and local budget crises. (1/20)
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@ProfSchleich
David Schleicher
4 years
"In a growing city, change is a constant."
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@ProfSchleich
David Schleicher
1 year
The idea: @thelocallens uses AI to review the minutes and videos of uncovered local meetings — zoning boards, boards of education, etc.— and writes up stories about them, which citizens can read directly and, importantly, journalists can use to identify stories and build upon
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@ProfSchleich
David Schleicher
3 years
Ooh, Treasury regs interpreting the ARP rule that state and local governments cannot use federal aid to cut taxes are out. TLDR: They are *very* sensible, responding to the federal interest in avoiding future bailouts while respecting federalism concerns
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@ProfSchleich
David Schleicher
3 years
This is, at core, what the fight over CEQA is about - the rights of neighbors to challenge elected/appointed govt officials about their decisions, and effectively assert authority over these decisions
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@ProfSchleich
David Schleicher
3 years
One of the academic points people make about exactions (including things like CBAs) is that they are payoffs to whomever is politically powerful, not necessarily genuinely local concerns. This is usually disguised a bit, but San Francisco just.... says it.
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@ProfSchleich
David Schleicher
4 years
To US transportation policy experts and politicians, building a colossally expensive tunnel underneath a major sound is somehow considered more reasonable and less "hare-brained" than a train going kinda near some adorable historic towns.
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@ProfSchleich
David Schleicher
7 months
Yes! Even per capita emissions is a bad metric for states (if much much better than total). If low emissions states attract population, it will often lead to that person reducing their emissions, but increase per capita emissions in the state. Still good for the climate!
@mattyglesias
Matthew Yglesias
7 months
Many state governments want to take action to address climate change, which is good. But state-level emissions targets don’t make sense and fuel bad NIMBY instincts.
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@ProfSchleich
David Schleicher
3 years
I'm have a column in @mattyglesias 's Slow Boring today about the promise and peril of an Eric Adams Administration, and the relationship between machine politics and housing production....
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@ProfSchleich
David Schleicher
5 years
One of the amazing and horrifying things about local politics is that people often actually say exactly what they think: "To me, it’s too much density. It’s putting too much in a little area. To me, this is ghettoizing Westport.” @anikasinghlemar
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@ProfSchleich
David Schleicher
3 years
A reminder: given per capita emissions levels in NYC v the suburbs/other regions, the best thing by far NYC can do to reduce greenhouse gas emissions is to allow more housing to be built in the city so more ppl can live there
@danarubinstein
Dana Rubinstein
3 years
It's Earth Day, which means politicians have to come up with green things to announce. De Blasio's is that NYC is going to sue Big Oil. "We're going to go at them," he says. The suit will be in state court.
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@ProfSchleich
David Schleicher
1 year
As with much public infrastructure, we will not see much new public housing - no matter how needed - during a state and local fiscal downturn unless the drivers of high public construction costs are addressed
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@ProfSchleich
David Schleicher
5 years
This is excellent, particularly as applied to playgrounds. Shaded playgrounds are a major, major amenity.
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@ProfSchleich
David Schleicher
2 years
Another terrific @JerusalemDemsas piece, on the case against the case against super-tall towers. Unassailable
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@ProfSchleich
David Schleicher
4 years
The failure to build enough housing during the boom will stand as a central policy failure during the bust, as housing prices don't fall as fast as incomes.
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@ProfSchleich
David Schleicher
4 years
The failure of @IngaSaffron 's column is common to most architecture columnists drafted to write about cities: they care about aesthetics more than they do about economy/housing prices, and don't explain how they make trade-offs
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@ProfSchleich
David Schleicher
2 years
The anti-crypto @ben_mckenzie feed has been amazing over the last few days.
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@ProfSchleich
David Schleicher
4 years
"I prefer the term U.H.B...It's an acronym of urban haute bourgeoise."...."No, no, I think it's a useful term. The fact that it sounds ridiculous could be part of its appeal." @samuelmoyn @WhitStillman @michaeldweiss
@CNBC
CNBC
4 years
Biden defines $400,000 a year as 'wealthy.' In big cities, it only makes you upper middle class
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@ProfSchleich
David Schleicher
3 years
I am perfectly open to the position that this or that project is bad. But it should be incumbent on people with this ideological stance to say where *exactly* else development should go.
@kimmelman
Michael Kimmelman
3 years
Glad NYC City Planning just voted to reject 560 Franklin Avenue, the tower project that would have blighted @BrooklynBotanic . We need more affordable housing, desperately, but we didn't need this.
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@ProfSchleich
David Schleicher
3 years
Pass it on: @CSElmendorf for the California Supreme Court
@scottshafer
Scott Shafer
3 years
State Supreme Court Justice Mariano-Florentino "Tino" Cuéllar is leaving the court to head up the Carnegie Endowment for International Peace. Here's our interview with him about his life and career. Another big appointment for Gov. Newsom.
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@ProfSchleich
David Schleicher
10 months
Solow, even in death, wins again. What an obit kicker!
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@ProfSchleich
David Schleicher
2 years
The only silver lining in this black cloud of an opinion is the great @CSElmendorf 's constant monitoring -- a true public service
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@ProfSchleich
David Schleicher
5 years
This fits the story many have told — eg @joshchaffetz @brendannyhan — that the administration is weak, rather than strong, seeking to avoid responsibility and blame rather than assert control.
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@ProfSchleich
David Schleicher
5 years
Wait, is something happening in the news to distract people from their usual high levels of interest in the history of railroad, municipal bonds, and local government law in Connecticut?
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@ProfSchleich
David Schleicher
2 years
Just read the Huntington Beach complaint. It's *bonkers* If I were the city attorney, I'd be worried about Rule 11 sanctions....
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@ProfSchleich
David Schleicher
4 years
Must read: This really excellent piece by @SamWinterLevy and Bryan Schonfeld on how America's housing and land use crises look in a comparative perspective, and on how the U.S. is really falling behind other countries
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@ProfSchleich
David Schleicher
5 years
The new SB50 exception process is a zoning budget: "In order for a city’s plan to qualify and substitute for SB50’s specific provisions, a city will have to re-zone to add an amount of new zoned housing capacity equal or greater to what SB 50 will provide"
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@ProfSchleich
David Schleicher
5 months
Houston breaks people's brains. Yes, it's not entirely unregulated, and yes there is a lot of private land use regulation through covenants, but it genuinely allows more housing construction-both in the suburbs and the city-than other big jurisdictions.
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@ProfSchleich
David Schleicher
3 years
Something can increase local emissions (or even local per capita emissions) and still reduce global emissions. People who move from, IDK, Connecticut or Iowa to NYC may use more GHGs than the average existing resident, but allowing them to move will reduce total emissions
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@ProfSchleich
David Schleicher
4 years
In NYC, even developers pretend not to understand supply and demand. “In the city, we overbuilt like crazy and we had bad leadership. We were growing to the point where nobody could really afford to live here.” via @NYTimes
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@ProfSchleich
David Schleicher
3 years
The Biden Administration should stress the "reform occupational licensing" part of its competition agenda in its inflation messaging. Unlike other parts, it's clearly directionally correct (i.e. would lead to lower prices) and is supported by its critics
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@ProfSchleich
David Schleicher
5 years
People sometimes want housing markets to be complicated, and at local levels they are (with negative and positive externalities, shifting demand for n'hoods and the like). But at the level of larger markets, they are just not *that* complicated,
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@ProfSchleich
David Schleicher
1 year
This was a terrific conversation! Check it out on Monday!
@AndrewYang
Andrew Yang🧢⬆️🇺🇸
1 year
Monday on Yale Law Professor @ProfSchleich joins to talk his new book “In a Bad State” about responding to local budget crises, why local government doesn’t get the proper attention, trends in commercial real estate and much more. ⬆️🇺🇸
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@ProfSchleich
David Schleicher
4 years
Today's most ridiculous campaign proposal. Let's not build more housing or offices in New York City, let's build ... farms. In New York City. Farms. In New York City.
@danarubinstein
Dana Rubinstein
4 years
. @ericadamsfornyc wants to reestablish an "agrarian economy" in New York City
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@ProfSchleich
David Schleicher
5 years
With the demise of SB50, it is worth dwelling a bit on why state-level reform is so important. A new Bob Ellickson paper (!!!) shows does this by showing that local governments around the country never rezone already developed areas.
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@ProfSchleich
David Schleicher
3 years
Economists, legal scholars and nat'l politicians have developed a broad agreement that over the last 40 years, land use policy in our richest regions has become too strict, and that state governments ought to intervene to reduce local governments’ exclusionary practices.
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@ProfSchleich
David Schleicher
5 years
Rarely can the theme of an (terrific!) essay be captured by a correction: "An earlier version of this essay misidentified the author’s stepfather as her mother’s third husband; he is the fourth. The article has been updated." @MollyJongFast
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@ProfSchleich
David Schleicher
4 years
There's a *lot* to like in this plan: "Rezoning efforts such as those in SoHo, NoHo, and Gowanus are a good first step; a Donovan administration would seek to identify other high-opportunity areas across the city where bulk and use restrictions can be modified ..."
@ShaunDonovanNYC
Shaun Donovan
4 years
As Mayor, I will build on the progress we made during the Obama-Biden Administration and work closely with my friends in Washington and here at home to ensure that every New Yorker has access to affordable, healthy, and safe housing.
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