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39 Regulation 2 (2016-2017)

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2 / Regulation / SPRING 2016


EDITOR
PETER VAN DOREN
MANAGING EDITOR
THOMAS A. FIREY
EDITORIAL ASSISTANT
NICK ZAIAC
DESIGN AND LAYOUT
DAVID HERBICK DESIGN
CIRCULATION MANAGER
ALAN PETERSON

EDITORIAL ADVISORY BOARD
CHRISTOPHER C. DEMUTH
Ditinguished Fellow, Hudson Institute
SUSAN E. DUDLEY
Research Professor and Director of the Regulatory Studies Center
George Washington Uiver iy
WILLIAM A. FISCHEL
Professor of Economios Dartmouth College
H.E. FRECH III
Professor of Economics University of California, Santa Barbara
ROBERT W. HAHN
Professor and Director of Economics Smith School Oxford
University
SCOTT E. HARRINGTON
Alan B. Miller Professor Wharton School
University of Pennsylvania
JAMES J. HECKMAN
Henr Schvltz Distingrished Service Professor of Economis
Uiversiy of Chicago
ANDREW N. KLEIT
MICASU Faculty Fellow, Pennsylvania State University
MICHAEL C. MUNGER
Professor of Political Science Duke University
ROBERT H. NELSON
Professor of Public Affairs Uiversity of Maryland
SAM PELTZMAN
Ralph and Dorothy Keller Diti gished Service Professor Emeritus
of Economis University of Chicago
GEORGE L. PRIEST
John M. Olin Professor of Law and Economic, Yale Law School
PAUL H. RUBIN
Professor ofEconomics and Law, Emory University
JANE S. SHAW
Board Member John William Pope Center for Higher Education
Policy
RICHARD L. STROUP
Professor Emeritus of Economics Montana State Universtly
W. KIP VISCUSI
University Distinguished Professor ofLaw Economics
and Management Vanderbilt University
RICHARD WILSON
Mallinckrodt Professor of Physics Harvard University
CLIFFORD WINSTON
Senior Fellow in Economic Studies, Brookings Institution
BENJAMIN ZYCHER
John G. Searle Chair American Enterprise Institute

PUBLISHER
PETER GOETTLER
President and CEO, Cato Institute
REGULATION was first published in July 1977 because
the extension of regulation is piecemeal, the sources and
targets diverse, the language complex and often opaque,
and the volume overwhelming. REGULATION is devoted
to analyzing the implications of government regulatory
policy and its effects on our public and private endeavors.


Reassembling Fragmented Land



   .he responses by William Fischel        Adickes in Frankfurt, Germany at the turn
        and Robert Nelson (Master         of the 20th century, and then on a much
        Plans and Rent Seeking and        larger scale in the post-war redevelopment
Neighborhood Collectives Instead of      of cities in Japan, Korea, and Taiwan. It
Central Planners, Winter 2015-2016)      has also been used in common law juris-
to Roderick Hills Jr. and David Schleich-  dictions, including Madras and Gujarat,
er's article (Can 'Planning' Deregulate  India, and Western Australia, and was used
Land Use? Fall 2015) inspire this further  by George Washington in the land assem-
reflection:                                   bly for the nation's capital.
   The major deterrents to redevelop-        A numberofAmerican scholars, includ-
ment in large cities are not the zoning   ing Harvard University's William Doebele
restrictions per se, but the difficulty that  and Florida Atlantic University's Frank
fragmented ownership poses for land       Schmidman, have written on this subject.
assembly. There is a tried-and-true device  The continuing failures of government-
for the organization of Fischel's neigh-  sponsored urban renewal suggest that this
borhood collectives for this purpose:    mechanism, founded on private initiative,
land readjustment-the establishment, by   deserves another look.
super-majorities of landowners, of joint     For more on the subject, see my article,
development plans from which dissenting   Land Readjustment for America: A Pro-
owner-occupiers are excluded.             posal for a Statute, Urban Lawyer, Vol. 32,
   This device has been used in several   No. 1 (Winter 2000).
dozen countries to unite the fragmented                           George W. Liebmann
land holdings resulting from forced heir-     Senior Academic Visitor Wolfson College,
ship in civil law countries. It has also been                              Cambridge UK
used in urban areas, first with the Lex     Liebmann and Shively, PA., Baltimore, Md.


Regulation Milestones


   his issue of Regulation arrives a few
        weeks later than usual, and for
        that I apologize. But I have a good
excuse: Dominick Joseph Firey entered
the world on Jan. 4, 2016, upsetting his
father's publication schedule. The future
John Bates Clark Medal
and Conn Smythe Trophy
winner is doing fine, as
is his mother. The publi-
cation schedule should
return to normal with the
summer issue.
   This joyful arrival is
accompanied by a sad exit:
Supreme Court Justice
Antonin Scalia, a former
chief editor of Regulation,
passed away over the night


of Feb. 12-13, 2016, at age 79. He was a
frequent contributor in the magazine's
early years, when it was published by the
American Enterprise Institute. We offer a
summary of some of his essays at: cato.org/
blog/scalia-pages-regulation.
                 He is one of several
              important contributors to
              Regulation's early years who
              have passed away in the
              last decade, including Anne
              Brunsdale in 2006, Robert
              Bork in 2012, and Murray
              Weidenbaum in 2014. Their
              influence on Regulation and
              U.S. regulatory policy cannot
              be overstated.
                         Thomas A. Firey
                              Cato Institute

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