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HISTORICAL FACTS: Josh braver | History Defined

New Article on "The State Constitutional Case Against Exclusionary Zoning"

It is the first comprehensive analysis of how to use state constitutional law to combat exclusionary zoning. Coauthored with Josh Braver.

Reason · Jul 29

The Case Against Deferring to Presidential Invocations of the Insurrection Act

Prof. Josh Braver questions the conventional wisdom on this issue.

Reason · Jan 30

Pacific Legal Foundation Symposium on the 100th Anniversary of Euclid v. Ambler Realty

The symposium is seeking submissions.

Reason · Jul 10, 2025

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Lawsuit Challenges Use of Eminent Domain as NIMBY Tool to Block Housing Project

A Rhode Island town seeks to use eminent domain to block construction of a large-scale affordable housing project.

Reason · Mar 24, 2025

Is the YIMBY Movement Hopelessly Divided?

Internal tensions within the movement are real, but far from irreconcilable. Litigation and political reform are mutually reinforcing, not mutually exclusive pathways to curbing exclusionary zoning.

Reason · Dec 16, 2024

Final Published Version of "The Constitutional Case Against Exclusionary Zoning" Now Available

In this Texas Law Review article, Josh Braver and I argue that most exclusionary zoning violates the Takings Clause of the Fifth Amendment.

Reason · Nov 4, 2024

New Atlantic Article on "The Constitutional Case Against Exclusionary Zoning"

It is coauthored with Josh Braver.

Reason · Jun 12, 2024

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Essay on "How Constitutional Litigation Can Help End Exclusionary Zoning"

A guest post on economist Bryan Caplan's Bet On It substack.

Reason · Jun 4, 2024

Compendium of Bryan Caplan's Guest-blogging Posts on His New Book "Build, Baby, Build: The Science and Ethics of Housing Regulation"

A listing of his four posts on different aspects of the book and the issues it raises.

Reason · May 17, 2024

Combat Homelessness by Ending Exclusionary Zoning

The Eighth Amendment provides little, if any, protection for the homeless. But courts can help them by striking down exclusionary zoning, which is the major cause of housing shortages that lead to homelessness.

Reason · Apr 23, 2024

New Zealand's YIMBY Success—And How We Can Learn From it

New Zealand alleviated a severe housing shortage by liberalizing regulations that had previously blocked most new construction.

Reason · Apr 3, 2024

Cross-Ideological YIMBY Coalition Defies Increasing Polarization—So Far

The New York Times and the Atlantic report on how the movement to curb exclusionary zoning and build more housing has managed to cut across ideological lines.

Reason · Mar 16, 2024

Matt Yglesias on the Takings Clause and Curbing Exclusionary Zoning

Prominent political commentator and zoning reform advocate comments on my work on this topic (with Joshua Braver).

Reason · Mar 14, 2024

New Article on "The Constitutional Case Against Exclusionary Zoning"

Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.

Reason · Feb 16, 2024

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