In this episode of Short Circuit, a podcast from The Institute for Justice, 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.
Short Circuit is your concise (and sometimes irreverent) source for important and interesting cases and legal stories you might otherwise have missed. Launched by the Institute for Justice (IJ) in 2015, Short Circuit started off as a short weekly newsletter rounding up the most interesting developments in the federal circuit courts of appeal. Today, Short Circuit includes more than just our popular weekly newsletter: we host a bi-weekly Short Circuit podcast, we regularly tweet out entertaining summaries of state constitutional history, and we produce a longform podcast series. Learn more about each of these below, and see what others are saying about Short Circuit.