The materials in "American Land Planning Law "are derived from
decades of experience in teaching planning law at six planning
schools and three law schools. Among the hypotheses included here,
two are clearly vindicated in the reading. The first involves basic
tenets in the approach referred to as "legal realism"--that courts
play a major role in policy formation. A second hypothesis is
implicit in the basic organizational principle of these materials,
that planning problems arise from land use conflicts, and further,
that courts have adopted distinctive policies on these conflicts.
Norman Williams' organizational format is unique. The notes
provided after each case have been omitted, due to a repetition
that would result from what has already been said in the text.
Instead, a list of questions is provided for the student to ponder,
plus occasionally a necessary background, in order to focus
attention on the essential turning point in each case. Williams
also provides a complete list of cross-references to all standard
treatises in the field, for those who wish to explore commentators'
thoughts on the subject.
The scope of these materials provides an exploration of the
substantive problems involved in land use law, and the legal
techniques which have been evolved to deal with them. The
definition of this field of law as embodied in these materials
focuses on urban and suburban planning problems. A quite artificial
distinction between land use law and environmental law has been
observed. This is an essential text containing important land use
cases and should be read by all legal analysts, urban theorists and
planners, and public policymakers.
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