Rick Hills
@RickHills2
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teaching in China, interested in federalism, localism
Brooklyn, NY
Joined November 2016
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I doubt that Gov Hochul has the power to block congestion pricing in NY. My reasons are in this longish blog post: which might hold interest for local gov’t & transit wonks like
@ProfSchleich
@yfreemark
@narosenblum
@Komanoff
@BDGesq
@CSElmendorf
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So important to remember that our comparative advantage over tyrannies is coopting those more oppressive nations’ talent, making it our own. Madeleine Albright, Arendt, Bartok, Einstein, Marlene Dietrich.... All refugees that made America great, again and again and again.
The U.S. has won 3 out of the last 4 International Math Olympiads. We beat China.
Without skilled immigration, we wouldn't be able to do that.
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Outstanding thread on the close link between efforts to maintain racial segregation and the invention of zoning, present near the creation of zoning among planners circa 1918. (Robert Whitten is the personification of this link btw).
1918: The city planners gather in St. Louis for the first time after the landmark Supreme Court Buchanan decision ending explicit enforcement of racial segregation of housing and public areas.
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Just learned moments ago that I tested positive for CV19 this Wednesday. I get tested weekly, so I apparently picked it up after my last negative test last Wednesday. And here’s the point: I feel fine. Being an asymptomatic carrier is a thing, folks, so mask up.
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Traffic is a tax on the poor & working class. Here is my and Charles’ Komanoff’s argument that congestion fees are not regressive and, in fact, reduce a regressive “traffic tax.”
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This🧵mistakes ideal civics for political reality. More extensive and transparent debate would destroy good bills or make them worse by triggering partisan score-keeping.
@mattyglesias
explains why here:
3. Every one deserves a full debate and a roll call vote, so that Americans can see where their representatives stand. Instead, this monstrosity is cooked in a back room, and members can claim they had no choice but to vote against a shutdown--ducking accountability.
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@willwilkinson
Sure, but that’s also the history of the ancient world. And, just to be clear, colonizing powers include not only “western” (mostly British, Spanish, Dutch, and French) but also non-western (eg Mongol, Chinese, Mughal, Aztec, Zulu, Burmese, Ottoman, Algonquin) empires.
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Brooklyn NIMBYs argue that virtual hearings are illegal, even in a CV19 crisis. Relying on
@katherineeinst
, I argue here that in-person zoning hearings consistently favor richer older incumbent owners who seek to exclude new housing.
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Great thread documenting the news stories that are lost when a local paper dies. There’s also multi-city statistical evidence of democratic decay from such loss: newspaper-less cities pay more to borrow $$$:
U.S. local newspapers are dying at a rate of 2 per week. By 2025, a third of them will be gone. If you’re not convinced that’s a doomsday-level threat to democracy, read this state-by-state list of what local reporters uncovered in 2022. It’s a sample of what we stand to lose.
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The “perverse reason”: Enviro review entrenches the status quo. Highways = status quo w/ routine EIS template. Subways, by contrast, are novel. B/c enviro review is designed to stop new stuff, it ends up destroying environmentally friendly infrastructure.
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Of all Trump‘s CV19 responses, the eviction moratorium is the most legally dubious. Yet it has inspired zero outrage from Trump’s usual critics, simply b/c those critics agree with its substance.And that, in a nutshell, is why attacks on Trump’s lawlessness so often sound phoney.
A few Republicans -
@SenToomey
and others - realize that Trump's election-season gambit will lead to a permanent increase in unaccountable presidential authority if it stands.
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Saw “In the Heights” (in a theater!) last night. Me: “Lin-Manuel Miranda knows, The Heights gentrified w/o any new market-rate housing! Rich buyers buy existing units! Down-zoning won’t keep organic dry-cleaners out of the nabe!” My daughter: “Shut up and watch the movie, Dad.”
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Last-ditch frivolous NIMBY effort to stop the SoHo rezoning (“we didn’t get sufficient notice of a rezoning about which *everyone* in SoHo was complaining”) has finally been killed. Per Justice Engoron: “Petitioners received notice galore…”
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@RachelBarkow
So nice to have someone who’s served as a public defender on SCOTUS— but also wonderful to have someone who’s been a trial judge! Jackson will double the number (1) of current justices who have presided over a real-life trial.
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@IDoTheThinking
has some nice suggestions for making transit safer that don’t involve more police. My favorite: More shops in stations. (My guess: NYC’s W. 4th station’s mezzanine level has the largest vacant publicly owned space in the W. Village)
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Article II Insanity Alert: Judge Elrod *appears* to have struck down the career civil service as a violation of FEF v PCAOB. MSPB can’t decide employment disputes, b/c that’s “two layers of for-cause protection stand[ing] in the Prez’s way.” But…
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I know my law prof friends disagree about many aspects of the SCOTUS Commission's draft report. But maybe we can bridge this chasm just a bit by all agreeing that the Commission's decision to use endnotes rather than footnotes was bad?
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Van Buren’s holding rested on the exegesis of the word “so,” not on the absurdity of imposing 10-year sentences for employees’ using work computers for personal shopping. Or so the majority said. If you believe them, then you’ve got a textualist’s capacity to suspend disbelief.
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@katpic57
@Gabriele_Corno
Set your mind at ease: Dolphins routinely swim around boats to take advantage of currents that make swimming easier. See eg (“A different hydrodynamic effect enables dolphins to save energy by exploiting the water movements generated by boats”).
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It is a sign of my subnationally skewed perspective that I am more upset by SB 50’s defeat than Sen Alexander’s voting no on witnesses。 I ask my fellow parochialists
@ProfSchleich
@cayimby
@SonjaTrauss
@MarketUrbanism
@CSElmendorf
@kookie13
— How is the situation not hopeless?
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Attack of the Clones: Why state courts’ mimicking SCOTUS debates (eg, MI supreme ct’s echoing Gorsuch’s Gundy dissent) is bad for federalism.
@nicholas_bagley
@BridgetMaryMc
@ProfSchleich
@MiriamSeifter
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Governing this country during the Trump Administration has given me new insight about what it would be like to live under the Articles of Confederation. Basically, governors just have to wing it.
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From my personal experience living in Shanghai this Fall, I can attest that the description of life in CV19-free China is 100% accurate. The causal attribution to one-party rule, however, is nonsense: You can get exactly the same CV19-free life in liberal democratic Taiwan.
My latest on how the pandemic has upended many perceptions, including ideas about freedom. Chinese don’t have freedom of speech, freedom of worship or freedom from fear, but they have the freedom to move around and lead a normal day-to-day life.
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So easy for intellectuals, over-valuing intellect, mistakenly to think that buffoons can’t destroy a governmental system.
@indica
sets us straight with this tour de force on “stupid coups.”
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Many folks are shocked by American right-wing elites’ (Tucker Carlson, etc) favoring Putin’s Russia over Zelensky’s Ukraine. To me, it’s a familiar tune from the 1930s. Consider Lindbergh’s 1939 speech that Germany “alone can…dam the Asiatic hordes [of Communist Russia].”
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@sam_d_1995
@ProfSchleich
@yfreemark
@narosenblum
@Komanoff
@BDGesq
@CSElmendorf
@Pollytrott
Nope, not to my knowledge. But ask
@greg_shill
: he’s the DOT Prof Extraordinaire.
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@2AvSagas
@MichaelGerrard
Here is my take on Governor Hochul’s power to order the commissioner of NYSDOT to withhold a signature from any tolling agreement forthcoming from the FHWA: TL;DR: She lacks a power to scuttle the congestion pricing plan under either state or federal law
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These sorts of prosecutions are such a dramatic change from 2015 when I first arrived in China: Back then, people were openly reading the NY Times at Costa Coffee on their vpn-equipped tablets.
1/9 If someone makes the claim that people in China are "not breaking any law" by using a VPN to access Twitter etc. from inside China, here's a thread you can share to demonstrate they are wrong with 3 screenshots and one court judgment.
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@pashulman
@rickhasen
If you don’t want a repeat, it would be a good idea to put pressure on Republican state lawmakers to allow pre-Election Day verification of absentee ballots. Sounds technical and boring, but, as my colleague Rick Pildes explains, it is crucial.
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Reminder from
@mattyglesias
that protecting status quo w/ onerous procedures doesn’t make sense w/ our carbon-based status quo: “[W]hile oil and gas drilling on federal land has a categorical exemption from NEPA, geothermal drilling does not.”
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For an antidote, read this item by
@mattyglesias
: capitalists were greedy both before and after inflation spiked, so you can’t explain the spike by invoking capitalist greed.
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I’ve thought that warnings from colleagues like
@CJSprigman
that we’re in a Weimar Moment were alarmist. But I’m becoming convinced that we’re back in the late 1930s: Anti-liberalism defined by white identity threat simultaneously drives int’l conflict & our domestic politics.
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TFW you’re teaching a 1L Leg-Reg class via Zoom from a motel, and the whole motel’s wifi goes down mid-class. I may be the only person ever who has pleaded for connectivity in the office of the Silver Saddle Motel (Manitou Springs CO) while barefoot and wearing a suit.
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The MTA board indeed serves at the Governor’s pleasure. But the board, caught unawares by Hochul’s decision, has a fiduciary duty to do the right thing. They might therefore be unwilling to vote for whatever she proposes, as this Politico article notes:
I doubt that Gov Hochul has the power to block congestion pricing in NY. My reasons are in this longish blog post: which might hold interest for local gov’t & transit wonks like
@ProfSchleich
@yfreemark
@narosenblum
@Komanoff
@BDGesq
@CSElmendorf
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Smart essay by
@n_kazis
arguing that zoning process might matter less than I and
@ProfSchleich
think. Nutshell: Neighbors shut down bike lanes, etc, w/o using procedures in zoning laws, so those procedures are not what empowers neighbors.
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@mattyglesias
defining the punditcratic Sensible Center: “Democrats should … drop[] the white whale of student loan forgiveness, a proposal that was cooked up under totally different macroeconomic circumstances and doesn’t make sense today.”
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We rightly denounce GOP folks for extraordinary cowardice. Maybe, in these dark times, we should be equally willing to praise people like GA Sec’y of State Brad Raffensperger just for their bravery in doing the ordinary decent thing despite death threats.
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Here’s my land-use syllabus for spring 2022: The first of any of my syllabi to assign twitter threads (from
@CSElmendorf
and
@JalbyMD
on RHNA fraud). This is now a binding contract, but I’d love to get suggestions for *optional* reading on covered topics from the twittersphere.
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The White House here is imitating Wuhan officials’ initial response to the virus: Cover up the danger to save face. That approach led to disaster in China. Why give up openness — our comparative advantage w.r.t. China in fighting epidemics?
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I’ve long suspect that preservation law, like environmental review, has degenerated into a mindless mechanism for obstructing change to the status quo, however horrible that status quo might happen to be. But preserving Penn Station is a new low.
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NFIB v Sebelius’ anti-mandate always had this potential to metastasize. If the rule doesn’t apply to conditional mandates on business activity, then it is empty formalism that imposes zero practical limits on congress’ power. But if it does so apply, then it is all-encompassing.
The majority also strongly suggests that a vaccine mandate *explicitly imposed by Congress through new legislation* would also be unconstitutional, so all this hand-waving about OSHA overreach is basically irrelevant.
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Walking on the parkway/bike path in Pudong, much of which was built in the two years that I was absent from Shanghai because of covid. 45+ km of dedicated bike paths, running paths, and landscaping put up in the time it takes NYC to put a line of paint on Prospect Park West.
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Wanna hear YIMBY political strategies from 2 coasts and 4 states? I do: looking forward to talking w/
@hanlonbt
,
@alexbaca
@anikasinghlemar
@ProfSchleich
,
@IDoTheThinking
,
@alexbaca
,
@MarketUrbanism
,
@anniefryman
, Weds, Mar 10, 8:30 PM EST
@joinclubhouse
.
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@nuryturkel
tells the most pressing human rights story of our time, both by telling own story and by describing what’s happening to his fellow Uyghurs. Whatever your stance on engagement with China, you must engage with this book.
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“New York builds less housing per-capita than almost any major city in America....We’ll...streamline the byzantine permitting process, which makes it all too easy for housing opponents to block affordable housing.”
@KGforNYC
, the YIMBY candidate?
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@wille_emilie
The intellectual Left really were all quasi-tankies until 1982, when Susan Sontag’s Nation essay repudiated Communism, to the shock of the New York intelligentsia.
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“Another person…said that the feeling among the Board members was that the missive would serve as a challenge to the governor. ‘They see it as setting up a legal challenge,’ they said.”
If so, then why not include acknowledgment of legal doubt about the Gov’s powers to pause?
We're watching the MTA Board meeting this morning, and our very own
@DaveCoIon
is down at 2 Broadway.
Last night, we learned that the Board will vote to confirm Gov. Hochul's indefinite congestion pricing pause.
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@narosenblum
@LDHerrine
Is the “administration of the money supply” not an “executive function” because it is a *legislative* function — and, therefore, the Fed violates the non-delegation doctrine? (There is, after all, a clause somewhere about coining money, and it isn’t in Article II).
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@JerusalemDemsas
How about simply allowing people already living in Blue States to stay there? For years, California's zoning laws have been exiling working class folks to Texas.
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@willwilkinson
Pre-modern imperialists’ violence was more routine than modern imperialists. Emperor Theodosius’s massacre of the Thessalonicans was remarkable only b/c Bishop Ambrose complained about it. You’d have to ask
@holland_tom
but my guess is that early Christians were funny that way.
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Just finished teaching my first-ever Zoom On-Line class. Verdict: Zoom is pretty great. Big advantage: Private messaging for questions that shyer students do not want to ask in public. Small advantage: I don’t have to take the 6:30 AM F train into school.
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“The fact that Bernstein apparently thinks merely hiring someone with a criminal record is a ‘political statement,’ while publicly declaring ‘I’m intensely pro-law enforcement’ is a benign statement devoid of politics speaks volumes….”
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My short (550 word) op-ed arguing that the NY court should lift the TRO on the Gowanus rezoning process. Judicial indulgence of near-frivolous legal theories like those pressed by NIMBYs in Brooklyn are an important reason for NYC’s housing shortage.
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Someone please explain to me why NYC cannot find a candidate for mayor as anti-NIMBY as Mayor Breed?
@ProfSchleich
@CSElmendorf
@YIMBYtown
@SFyimby
@MarketUrbanism
you all must have a clever poli sci argument you’d like to share.
Mayor Breed is not playing with NIMBYism anymore.
"Let's be very clear: you cannot call yourself an environmentalist if you consistently oppose housing in San Francisco."
@LondonBreed
@SFEnvironment
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Once upon a time, I thought that
@nicholas_bagley
was just an over-wrought cassandra about excessive judicial review...
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Great 🧵 on Mayor Breed’s proposal to get rid of red tape gumming up housing production. Meta-institutional point: Pols w/ city-wide constituencies try to rollback NIMBYism that pols with narrower electoral bases fight to preserve. Strong Mayors are good for housing.
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Now that Adams’ the official frontrunner and the guy to beat, everyone needs to read this piece by
@ProfSchleich
. And be very scared. Or very happy. Or both, by some reasonable discount rate.
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How Left housing activists ignore evidence that new market-rate housing benefits poor households by making all housing more affordable. I hope that
@SonjaTrauss
@ProfSchleich
@YIMBYwiki
@MarketUrbanism
prove me wrong w/ successful YIMBY politics.
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Stephen Jay Gould’s advice that would go furthest toward improving our politics: “The most important tactic in an argument next to being right is to leave an escape hatch for your opponent so that he can gracefully swing over to your side without an embarrassing loss of face.”
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This confused paragraph in an otherwise good post by
@mattyglesias
suggests why journalists need a Leg-Reg course. All of those sub-agencies exercise the power of the Sec'y, whose office is anything but "weak." See eg 49 USC sec 104(c), .
@greg_shill
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CA YIMBYs, for my landuse syllabus, I need a succinct (<2,000 words) piece on the last few years of YIMBYism in CA: opposition (eg Left NIMBYism), Wiener’s & Newsom’s reforms, etc. Suggestions?
@CSElmendorf
@kookie13
@SonjaTrauss
@cayimby
@anniefryman
@hanlonbt
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Will Zoom do to commercial real estate today what the container ship did to New York City manufacturing in the late 1950s? Depressing, if the answer is “yes”: Any words of comfort
@ProfSchleich
@MarketUrbanism
@greg_shill
?
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…that’s the core requirement of the civil service system: An apolitical tribunal deciding whether apolitical “inferior officers” have been fired w/o cause. I’m still rubbing my eyes, but it looks like Elrod’s just thrown out a 139-yo system in the name of a 12-yo SCOTUS decision
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I somehow doubt that Abe’s Springfield Speech is best understood as a call for civility.
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@StreetsblogNYC
Perhaps it would be a helpful compromise for the Board to (1) acknowledge the doubts about the legality of the Governor's “pause” and (2) seek judicial guidance as to whether the MTA has statutory authority to move forward without any further action from the NYSDOT.
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My thoughts on judicial “textiness.” “Textiness” is analogous to Stephen Colbert’s “truthiness”: It’s a gratuitous display of semantic erudition, more for the sake of signaling the judge’s apolitical legalism than to resolve a dispute.
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The acolytes of Robert Moses were bombardiers: 1977 version looks like a German city after an air raid, without the rubble.
Aerial pictures of Iowa City some time before (1951), on the eve of (1966), and after (1977) urban renewal, from the first day of my transportation law seminar, which starts next week. Thanks to
@ICPL
for maintaining such a great collection.
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In the home stretch of grading ninety-nine Leg-Reg exams, rooting out loud for each student while I read their answers: “C’mon Exam ID Number 4807, you can do it! Whack that ejusdem generis point out of the park!”
My wife (on the ‘phone) is telling me to shut up already.
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Two basic but distinct reasons why Trump should not be President: (1) Stone-cold narcissism and (2) Clownish immaturity. This letter is an example of latter. Abandoning the Kurds is an example of former. That his supporters can overlook both is more chilling than either.
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“For U.S. political scientists, coups and paramilitary political forces are axiomatically things that happen out there.”
American Exceptionalism can be a powerful drug.
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A beautifully rendered picture of how we use real estate in our cities — to store cars containing very few people, while squeezing aside people who own very few cars.
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If Roe-Casey’s overruled, you’ll wanna know: “Can states punish their residents for their acts in other states?” (Re)read Seth Kreimer’s ‘92 classic “Law of Choice & Choice of Law.” Good news: Doctrine hasn’t changed since 1992! But there’s also bad news…
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The MTA Board need not spit in the Governor’s face. They need only note that there is substantial doubt about the Governor’s proper role under the 2019 statute and then call for clarification of the MTA’s and Governor’s powers from a neutral source — say, a court or even the AG.
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Today, 6 law profs (including yours truly) filed an amicus brief w/ the WI Supreme Court, arguing that local gov’ts aren’t governed by the same separation-of-powers principles limiting Congress and state legislatures.
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Thread on how SoHo-NoHo NIMBYs’ wealth and aggressively exclusionary tactics stopped being a deterrent and instead became a reason to create a precedent: Rich nabes have to do their fair share. Kudos to
@OpenNYForAll
from a pessimist about YIMBY prospects in SoHo: I was wrong!
Today, as the SoHo/NoHo rezoning passes the City Council, we would like to take a moment to thank all our members and friends who helped us break so decisively with the past, along with
@CMCarlinaRivera
,
@CM_MargaretChin
, and
@VickiBeen
, who deserve special credit.
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By contrast, in years past, corporations were selflessly indifferent to their stock prices.
Wondering why your Thanksgiving groceries cost more this year? It’s because greedy corporations are charging Americans extra just to keep their stock prices high. This is outrageous.
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The idea that our current problems spring from too little popular participation in policy-making rather than too much is a classically American romanticization of democracy.
@RickPildes
explains here:
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@RachelBarkow
@KevinARing
I assume Alexis King, 1st Judicial District’s DA, approved the charging decision. Note that she was much more forgiving of police mistakes.
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@AJosephOConnell
Yes, but sometimes studied incompetence is just a (incidentally, mostly male) strategy to tax their colleagues (mostly female) with the costs of running the institution. (Or I am told by my wife, Dean of Arts & Sciences Maria Montoya).
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@DavidASiffert
and I argued in an amicus brief filed on behalf of 4 state legislators that Gov Hochul’s “pausing” of congestion pricing not only violates the legislature’s intent of but also confuses voters over who calls the shots on tolls.
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@greg_shill
Preservationism is indeed “anti-capitalist” — in the same sense that the Corn Laws, primogeniture, the House of Lords, and feudal entails were anti-capitalist. But a landed aristocracy is not exactly egalitarian. C’mon Left NIMBYs: Up your anti-capitalist game!
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@ProfSchleich
Conversation at an actual West Village party, “A” speaking without a touch of irony:
A:”Why do all of these people have to move HERE?” Me: “Well, why did you move here?” A: “There’s no other place on Earth like the Village!”
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@lsolum
here reiterates the distinction between “Interpretation” which “discovers meaning” and “Construction” which “determines legal effect.” This distinction. like the border between Brooklyn and Queens, is real. But does it really matter?
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“...there is no telling what democratic mobilization for gay rights would have gotten under its own power had not the Supreme Court intervened in Obergefell v. Hodges in 2015....”
Yep:
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Construction unions are supposed to be part of the Growth Machine. But squabbling over division of spoils from deregulation made them housing‘s enemies. Moral: Designing bribes to grease legislative skids is harder than it looks.
@cayimby
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@NeysunM
The other problem is that there is not much 思想 in 习近平新时代中国特色社会主义思想. What exactly is the intellectual, or even ideological, content, beyond praise of Xi and warmed-over Han nationalism?
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@jadler1969
Let’s look at the big picture here, folks: SCOTUS’s granting petition, then dismissing on papers, would vindicate my decision to spend a whole day on 28 USC sec 1251 in Fed Cts. So granting this petition is plainly the right call.
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Another great thread by
@CSElmendorf
shows that LA is serious and San Diego isn’t, about rezoning for more housing. That suggests two questions for Chris: (1) Why the difference? (2) Will CA HCD crack down on San Diego?
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Did Barrett’s concurrence in Biden v Nebraska implicitly concede that her brand of textualism-as-contextualism is really just Holy Trinity-type purposivism? After all, the “context” of the Alien Contract Labor Act suggested that “labor or service” meant “manual labor,” right?
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If you follow the threads of
@CSElmendorf
(and you should if you care about housing supply), then you know that he’s maintaining a lonely vigil to monitor whether CA’s byzantine RHNA rules can force cities to rezone for housing. I am skeptical...
A big moment for California is at hand:
@California_HCD
must decide whether to certify San Diego's still-totally-inadequate housing plan, having given the city a 6-month grace period.
What the dept decides will shape expectations for every other city going forward. 1/n
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This sort of thing makes me worry that the Dems just can‘t pivot from the mission of mobilizing and responding to their rank-and-file to the very different mission of splitting off enough GOPers to isolate insurrectionists. Former = running elections; Latter = governing.
.
@RepKinzinger
’s staff reached out to House Democrats requesting 7 minutes to speak in favor of impeachment, thinking maybe they would give him 5. They said sorry they could only offer one minute, he tells me, so he said nevermind. Seems like a missed opportunity for Democrats.
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One for the “Now I’ve Heard Everything” file: NIMBYs argue that virtual Zoom hearings violate due process, b/c they don’t allow the public to be heard — thereby implying that the SCOTUS has been violating the Constitution since June w/ every oral argument.
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A word of advice for law review editors insisting on more footnotes:
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Peter Zimroth just passed away from pancreatic cancer. His career is too long and varied to be summarized on twitter: Chief Ass’t Manhattan DA, Corp Counsel for NYC, Arnold & Porter partner, court-appointed monitor for the stop-and-frisk decree…/1
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My experience: I got mild case of covid between my 1st and 2nd vaccines. Weeks after my covid, however, I experienced a crippling atrial flutter, which my cardiologist guesses might’ve been covid-triggered. Getting an atrial ablation on Thursday to deal w/ it.
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This statement just might mark the beginning of the end for Left NIMBYism in NYC. The defenders of zoning restrictions are increasingly being called out for what they actually are: NOT scrappy little Davids fighting developer Goliaths but rather gate-keepers of gentry privilege.
The NYC Council’s Black, Latino and Asian Caucus has just about declared war on NIMBYism. This statement below on opposition to the blood center is scorched earth.
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