Short Circuit 148 | Are Apartments a Nuisance? Private Property and the Rise of Zoning

In a special Short Circuit, Harvard Law Professor Molly Brady joins us to talk about an untold story from the rise of zoning law. A lot of the blame for our affordable housing crisis is often placed on the case Euclid v. Ambler Realty, where the Supreme court declared zoning (which includes prohibiting apartments) constitutional. But zoning was not the first try at limiting multifamily housing in certain neighborhoods. Professor Brady discusses how property covenants and nuisance law were employed to limit the availability of housing, and how when that didn’t work planners turned to the heavy hand of zoning. Along the way we discuss property deeds, spontaneous order, immigration, and the ever-beloved Coase Theorem.

iTunes: podcasts.apple.com/us/podcast/shor…uit/id309062019
Spotify: podcasters.spotify.com/podcast/1DFCq…Ehed/overview
Stitcher: www.stitcher.com/podcast/institut…ce/short-circuit
Google: play.google.com/music/listen?u=0#…odkfm5cpz7rlvf76a
Newsletter: ij.org/about-us/shortcircuit/
Want to email us? [email protected]

Transcript: https://ij.org/wp-content/uploads/2020/09/Episode-148-Transcript.pdf
Professor Molly Brady, http://www.maureenebrady.com/
Village of Euclid v. Ambler Realty Co., https://supreme.justia.com/cases/federal/us/272/365/
The Coase Theorem, https://www.libertarianism.org/topics/ronald-h-coase
From the IJ Archives: Let’s Take Zoning to Court, https://ij.org/sc_blog/lets-take-zoning-to-court/

Recent Episodes

September 15, 2023

Short Circuit 289 | Property Rights FTW

We celebrate, and dig into, two victories for property rights this week—both in IJ cases! First, IJ’s Wesley Hottot discusses the Sixth Circuit’s opinion in […]

Read More

September 07, 2023

Short Circuit 288 | Nondelegating Warrants

Two old favorites this week: The nondelegation doctrine and the phrase “come back with a warrant.” And both from the culturally varied Sixth Circuit. First, […]

Read More

August 30, 2023

Short Circuit 287 | Where the Sidewalk Ends

The members of the Nashville City Council are apparently big fans of sidewalks to nowhere. In order for property owners to get a permit they […]

Read More