Short Circuit 235 | Smelly Short-Term Rental Laws

We all know that guests, like fish, begin to smell after three days, But what about short-term rental ordinances? We look at a pair of regulations from New Orleans and Jersey City. One the Constitution bids farewell to, but the other still stinks. Ari Bargil explains how the Fifth Circuit found the New Orleans scheme lacking under the dormant Commerce Clause. However, Erica Smith Ewing—after explaining how Jersey mayors shake down various industry groups—tells us how the Jersey City ordinance survived a trio of challenges, but at least sparked an interesting concurrence about the future of regulatory takings law. Come for the guests, stay for the fish. And you’ll learn a smidgen about Elizabethan author John Lyly as well.

Click here for transcript.

Hignell-Stark v. City of New Orleans

Nekrilov v. City of Jersey City

John Lyly, Euphues and His England

Gideon Kanner, Making Laws & Sausages

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