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	<title>Comments for Harvard Law and Policy Review</title>
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	<lastBuildDate>Thu, 10 May 2012 19:45:01 +0000</lastBuildDate>
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		<title>Comment on The tide turns toward a civil Gideon? by Elitist Socialist Snob &#124; Lizzy in the City</title>
		<link>http://hlpronline.com/2011/07/the-tide-turns-toward-a-civil-gideon/#comment-8231</link>
		<dc:creator>Elitist Socialist Snob &#124; Lizzy in the City</dc:creator>
		<pubDate>Thu, 10 May 2012 19:45:01 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=5541#comment-8231</guid>
		<description>[...] important that justice cannot be served if all parties do not have representation and there is an increasingly loud call for mandatory appointed representation in a variety of civil matters. So, how can we best [...]</description>
		<content:encoded><![CDATA[<p>[...] important that justice cannot be served if all parties do not have representation and there is an increasingly loud call for mandatory appointed representation in a variety of civil matters. So, how can we best [...]</p>
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		<title>Comment on Enough is enough: End the arrests of journalists documenting police activity in public places by MediaShift . Student Photojournalists Arrested; What Are Their Rights? &#124; PBS</title>
		<link>http://hlpronline.com/2011/11/enough-is-enough-end-the-arrests-of-journalists-documenting-police-activity-in-public-places/#comment-8026</link>
		<dc:creator>MediaShift . Student Photojournalists Arrested; What Are Their Rights? &#124; PBS</dc:creator>
		<pubDate>Mon, 30 Apr 2012 14:00:26 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=7809#comment-8026</guid>
		<description>[...] fall -- among them two from colleges in Atlanta, and another from New York. They join the ranks of working journalists taken in during Occupy-related protests around the country (including Kristyna Wentz-Graff, a Milwaukee Journal Sentinel reporter whose [...]</description>
		<content:encoded><![CDATA[<p>[...] fall &#8212; among them two from colleges in Atlanta, and another from New York. They join the ranks of working journalists taken in during Occupy-related protests around the country (including Kristyna Wentz-Graff, a Milwaukee Journal Sentinel reporter whose [...]</p>
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		<title>Comment on So your tweets are no different from bank records, huh? by Anush</title>
		<link>http://hlpronline.com/2012/04/so-your-tweets-are-no-different-from-bank-records-huh/#comment-7974</link>
		<dc:creator>Anush</dc:creator>
		<pubDate>Sat, 28 Apr 2012 03:09:36 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=9199#comment-7974</guid>
		<description>Were the tweets publicly available on Twitter or web.archive.org?  I&#039;m surprised that a subpoena was necessary at all, though it&#039;s nice to hear that Twitter didn&#039;t roll over immediately.</description>
		<content:encoded><![CDATA[<p>Were the tweets publicly available on Twitter or web.archive.org?  I&#8217;m surprised that a subpoena was necessary at all, though it&#8217;s nice to hear that Twitter didn&#8217;t roll over immediately.</p>
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		<title>Comment on West Virginia Rolls Out Public Financing for Judges by lindaweller</title>
		<link>http://hlpronline.com/2012/04/west-virginia-rolls-out-public-financing-for-judges/#comment-7763</link>
		<dc:creator>lindaweller</dc:creator>
		<pubDate>Thu, 19 Apr 2012 21:36:26 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=9145#comment-7763</guid>
		<description>i was looking through all of the canidates and came across &lt;a href=&quot;jdbeane.com&quot; rel=&quot;nofollow&quot;&gt; J.D Beane &lt;/a&gt; and was wondering what everyone&#039;s opinion of him was. i cant find much information about him.</description>
		<content:encoded><![CDATA[<p>i was looking through all of the canidates and came across <a href="jdbeane.com" rel="nofollow"> J.D Beane </a> and was wondering what everyone&#8217;s opinion of him was. i cant find much information about him.</p>
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		<title>Comment on Anything Zoning Can Do, Covenants Can Do Too by Ben Solomon-Schwartz</title>
		<link>http://hlpronline.com/2012/03/anything-zoning-can-do-covenants-can-do-too/#comment-7087</link>
		<dc:creator>Ben Solomon-Schwartz</dc:creator>
		<pubDate>Tue, 10 Apr 2012 17:34:00 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=8906#comment-7087</guid>
		<description>I haven&#039;t had a chance to read &quot;The Rent is Too Damn High Yet,&quot; but I did hear Yglesias speak about it, so I&#039;ll just one comment comparing 

&lt;b&gt;About covenants: &lt;/b&gt;
Whether they are better or worse than zoning, there are some crucial differences between covenants and zoning schemes. 
&lt;i&gt;First&lt;/i&gt;, generally schemes of neighborhood-wide covenants were imposed by the developer before the neighborhood is built. Because of collective action problems, it is uncommon and perhaps nearly impossible to institute them once parcels of land are in individual ownership. 
&lt;i&gt;Second&lt;/i&gt;, private neighborhood land use restrictions do not address the seams between neighborhoods the way that a municipal land use regime can (even if it doesn&#039;t always do so optimally). 
&lt;i&gt;Third&lt;/i&gt;, private land use regimes may be very difficult to change for current occupants, further limiting the evolution of an area. 
&lt;i&gt;Fourth&lt;/i&gt;, legal limitations on public zoning schemes and private covenant schemes differ, leading to potentially different land use outcomes.

&lt;b&gt;About de-regulation:&lt;/b&gt; 
I agree with Yglesias&#039;s assessment of the problem. More density is good for a lot of reasons in a lot of places. In order to reach that ultimate end, I&#039;m more sympathetic to Mike Dorsi&#039;s recommendation of managed growth than wholesale deregulation of land use or even of density. 

Although I fear that &quot;managed growth&quot; is often much more &quot;managed&quot; than it is &quot;growth,&quot; the question for me is how to modify our current system of land use regulation that allows for more density while meeting some of the quite-legitimate goals behind current land use controls. Just because many of the critique&#039;s of density are ill-founded doesn&#039;t mean that there is nothing to manage. There are real externalities of development of many forms. 

And, in particular, I believe that predictability with regard to one&#039;s surroundings are an important element of land use regulation. It doesn&#039;t mean that the current system actually provides that result; or that things must stay the same forever; but it does mean that there should be some system to ensure that one doesn&#039;t wake up in a single-family home neighborhood to fine a high-rise across the street without any notice or opportunity to shape the result.</description>
		<content:encoded><![CDATA[<p>I haven&#8217;t had a chance to read &#8220;The Rent is Too Damn High Yet,&#8221; but I did hear Yglesias speak about it, so I&#8217;ll just one comment comparing </p>
<p><b>About covenants: </b><br />
Whether they are better or worse than zoning, there are some crucial differences between covenants and zoning schemes.<br />
<i>First</i>, generally schemes of neighborhood-wide covenants were imposed by the developer before the neighborhood is built. Because of collective action problems, it is uncommon and perhaps nearly impossible to institute them once parcels of land are in individual ownership.<br />
<i>Second</i>, private neighborhood land use restrictions do not address the seams between neighborhoods the way that a municipal land use regime can (even if it doesn&#8217;t always do so optimally).<br />
<i>Third</i>, private land use regimes may be very difficult to change for current occupants, further limiting the evolution of an area.<br />
<i>Fourth</i>, legal limitations on public zoning schemes and private covenant schemes differ, leading to potentially different land use outcomes.</p>
<p><b>About de-regulation:</b><br />
I agree with Yglesias&#8217;s assessment of the problem. More density is good for a lot of reasons in a lot of places. In order to reach that ultimate end, I&#8217;m more sympathetic to Mike Dorsi&#8217;s recommendation of managed growth than wholesale deregulation of land use or even of density. </p>
<p>Although I fear that &#8220;managed growth&#8221; is often much more &#8220;managed&#8221; than it is &#8220;growth,&#8221; the question for me is how to modify our current system of land use regulation that allows for more density while meeting some of the quite-legitimate goals behind current land use controls. Just because many of the critique&#8217;s of density are ill-founded doesn&#8217;t mean that there is nothing to manage. There are real externalities of development of many forms. </p>
<p>And, in particular, I believe that predictability with regard to one&#8217;s surroundings are an important element of land use regulation. It doesn&#8217;t mean that the current system actually provides that result; or that things must stay the same forever; but it does mean that there should be some system to ensure that one doesn&#8217;t wake up in a single-family home neighborhood to fine a high-rise across the street without any notice or opportunity to shape the result.</p>
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		<title>Comment on Volume 6-1 by New Harvard Law and Policy Review Articles of Interest &#124; Poverty Law</title>
		<link>http://hlpronline.com/print/volume-6-1/#comment-5899</link>
		<dc:creator>New Harvard Law and Policy Review Articles of Interest &#124; Poverty Law</dc:creator>
		<pubDate>Wed, 28 Mar 2012 16:56:02 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?page_id=8925#comment-5899</guid>
		<description>[...] Rather than highlight particular articles of interest &#8212; I am just lucky to be in this list &#8212; I thought I would just give include links to the articles in the most recent issue of the Harvard Law and Policy Review: [...]</description>
		<content:encoded><![CDATA[<p>[...] Rather than highlight particular articles of interest &#8212; I am just lucky to be in this list &#8212; I thought I would just give include links to the articles in the most recent issue of the Harvard Law and Policy Review: [...]</p>
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		<title>Comment on Ninth Circuit Approves Compensation for Bone Marrow Stem Cell Donation by Michael Madden</title>
		<link>http://hlpronline.com/2011/12/ninth-circuit-approves-compensation-for-hematopoietic-stem-cell-donation/#comment-5865</link>
		<dc:creator>Michael Madden</dc:creator>
		<pubDate>Wed, 28 Mar 2012 07:09:11 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=8039#comment-5865</guid>
		<description>Bravo to the Ninth Circuit for this much-needed ruling.  Fortunately the motive behind the Obama administration fighting against this measure is a moot point, but I would be curious to better understand why they opposed such a common sense solution to a very grave problem?</description>
		<content:encoded><![CDATA[<p>Bravo to the Ninth Circuit for this much-needed ruling.  Fortunately the motive behind the Obama administration fighting against this measure is a moot point, but I would be curious to better understand why they opposed such a common sense solution to a very grave problem?</p>
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		<title>Comment on Lee Bollinger: &#8220;We can expect censorship anywhere to be censorship everywhere&#8221; by In Defending Free Speech, Bollinger&#8217;s Rhetoric Doesn&#8217;t Match Results - FIRE</title>
		<link>http://hlpronline.com/2012/03/lee-bollinger-we-can-expect-censorship-anywhere-to-be-censorship-everywhere/#comment-5771</link>
		<dc:creator>In Defending Free Speech, Bollinger&#8217;s Rhetoric Doesn&#8217;t Match Results - FIRE</dc:creator>
		<pubDate>Mon, 26 Mar 2012 18:48:13 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=8813#comment-5771</guid>
		<description>[...] American Constitution Society&#039;s Harvard Law &amp; Policy Review recently ran an engaging interview with Columbia University President Lee Bollinger in which Bollinger discusses free speech issues on [...]</description>
		<content:encoded><![CDATA[<p>[...] American Constitution Society&#039;s Harvard Law &amp; Policy Review recently ran an engaging interview with Columbia University President Lee Bollinger in which Bollinger discusses free speech issues on [...]</p>
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		<title>Comment on Lee Bollinger: &#8220;We can expect censorship anywhere to be censorship everywhere&#8221; by In Defending Free Speech, Bollinger&#8217;s Rhetoric Doesn&#8217;t Match Results &#124; The Moral Liberal</title>
		<link>http://hlpronline.com/2012/03/lee-bollinger-we-can-expect-censorship-anywhere-to-be-censorship-everywhere/#comment-5579</link>
		<dc:creator>In Defending Free Speech, Bollinger&#8217;s Rhetoric Doesn&#8217;t Match Results &#124; The Moral Liberal</dc:creator>
		<pubDate>Fri, 23 Mar 2012 16:04:31 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=8813#comment-5579</guid>
		<description>[...] American Constitution Society&#8217;s Harvard Law &amp; Policy Review recently ran an engaging interview with Columbia University President Lee Bollinger in which Bollinger discusses free speech issues on [...]</description>
		<content:encoded><![CDATA[<p>[...] American Constitution Society&#8217;s Harvard Law &amp; Policy Review recently ran an engaging interview with Columbia University President Lee Bollinger in which Bollinger discusses free speech issues on [...]</p>
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		<title>Comment on Anything Zoning Can Do, Covenants Can Do Too by Mike Dorsi</title>
		<link>http://hlpronline.com/2012/03/anything-zoning-can-do-covenants-can-do-too/#comment-5356</link>
		<dc:creator>Mike Dorsi</dc:creator>
		<pubDate>Wed, 21 Mar 2012 22:35:12 +0000</pubDate>
		<guid isPermaLink="false">http://hlpronline.com/?p=8906#comment-5356</guid>
		<description>I&#039;m curious whether there are covenants restricting development in places that would really build more dense structures.  Greater density needs to be built around some sort of neighborhood or town center, otherwise it risks ending up as a troubled suburban apartment block.  I suppose if there had been a height-restrictive covenant in Courbevoie, Paris could not have built La Defense, but I&#039;m curious how much this matters in real life.

There are various faults to leaving land use planning to private contract and &quot;deregulation.&quot;  This is one.  Others are externalities related to infrastructure: water, electricity, gas, transportation, etc.  For more on this, see my review of the book at http://quartz.he.net/~beyondch/news/index.php?itemid=9977</description>
		<content:encoded><![CDATA[<p>I&#8217;m curious whether there are covenants restricting development in places that would really build more dense structures.  Greater density needs to be built around some sort of neighborhood or town center, otherwise it risks ending up as a troubled suburban apartment block.  I suppose if there had been a height-restrictive covenant in Courbevoie, Paris could not have built La Defense, but I&#8217;m curious how much this matters in real life.</p>
<p>There are various faults to leaving land use planning to private contract and &#8220;deregulation.&#8221;  This is one.  Others are externalities related to infrastructure: water, electricity, gas, transportation, etc.  For more on this, see my review of the book at <a href="http://quartz.he.net/~beyondch/news/index.php?itemid=9977" rel="nofollow">http://quartz.he.net/~beyondch/news/index.php?itemid=9977</a></p>
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