Theoretical Inquiries in Law最新文献

National priority regions (1971–2022): Redistribution, development and settlement 国家重点区域(1971-2022):再分配、发展与定居

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0024

Ofra Bloch

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引用次数: 0

Frontmatter 头版头条

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-frontmatter2

引用次数: 0

National priority regions (1971–2022): Redistribution, development and settlement 国家重点区域(1971-2022):再分配、发展与定居

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.2139/ssrn.4448108

Ofra Bloch

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引用次数: 1

The science of urban regions: Public-science-community partnerships as a new mode of regional governance? 城市区域科学:公共-科学-社区伙伴关系作为区域治理的新模式?

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0019

Elena De Nictolis, Christian Iaione

引用次数: 0

Megalopolis bound? 大都市绑定吗?

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0016

Nestor M. Davidson

{"title":"Megalopolis bound?","authors":"Nestor M. Davidson","doi":"10.1515/til-2023-0016","DOIUrl":"https://doi.org/10.1515/til-2023-0016","url":null,"abstract":"Abstract Since ancient Greece’s “megalopolis,” the concept of vast cities has loomed in the urban discourse. A century ago, English planner Patrick Geddes warned about a growing imbalance between traditional society and ever-larger conurbations, an anxiety that Lewis Mumford later invoked to predict that urban hubris would inevitably collapse of its own weight. In 1961, by contrast, the geographer Jean Gottman surveyed the interconnected agglomeration stretching from Washington, D.C. up the east coast of the United States to the cities of southern New England, and more optimistically highlighted this new urban form’s governance potential. Today, the question is not whether urbanism will arrive at the scale that so concerned Geddes and Mumford yet engaged Gottman—it already has. Commentators and scholars increasingly recognize that vast polycentric urban regions are displacing cities and metropolitan areas as the locus of modern growth and development. Eleven distinct urban-centered megaregions, for example, concentrate the bulk of the population and economic activity in the United States, and similar clusters are coalescing globally, from Greater Tokyo, Beijing, and the Pearl River Delta, to the arc from São Paulo to Rio de Janeiro, to the European urban spine running from London to Milan. Grappling with the phenomenon’s legal-institutional dimensions—whether and how to formalize governance to match this scale—requires more than transposing the descriptive and normative discourse on metropolitanism. Crosscurrents around fragmentation, efficiency, inequality, and democratic legitimacy refract, but there are distinct arguments for fostering governance—and equally particular concerns to anticipate—with the rise of the megalopolis.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Seeing like a region 就像一个区域

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0013

Richard C. Schragger

{"title":"Seeing like a region","authors":"Richard C. Schragger","doi":"10.1515/til-2023-0013","DOIUrl":"https://doi.org/10.1515/til-2023-0013","url":null,"abstract":"Abstract Observers of metropolitan dysfunction have long advocated for a regional tier of government that could (among other things) equalize spending across local jurisdictions, pursue cooperative economic development policies, provide for fair share housing, rationalize land use, and coordinate transportation planning. For many good government reformers, right-scaling our fragmented metropolitan areas appears to be an obvious solution to interjurisdictional spillovers and competitive races-to-the-bottom. This article counsels caution. “Region hope”—the idea that the substantive problems of metropolitan governance can be solved regionally by redrawing territorial boundaries to encompass ever-larger areas—is perennial. But territorial manipulation in aid of state centralization has significant drawbacks. The regional impulse exhibits some key features of failed social engineering efforts; seen through the lens of the state, these efforts privilege technocratic over democratic governance, bureaucratic over local knowledge, and mobile over immobile capital. That does not mean that regionalism should be resisted in all cases, but only that the costs of territorial manipulation should be weighed against its asserted benefits.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Can micropolitan areas bridge the urban-rural divide? 小城市地区能弥合城乡差距吗?

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0017

Sheila R. Foster, Clayton P. Gillette

{"title":"Can micropolitan areas bridge the urban-rural divide?","authors":"Sheila R. Foster, Clayton P. Gillette","doi":"10.1515/til-2023-0017","DOIUrl":"https://doi.org/10.1515/til-2023-0017","url":null,"abstract":"Abstract In this Article, we explore a subset of the urban-rural divide and propose a mechanism for reducing its economic and political effects within that limited realm. Specifically, we focus on the subset of rural areas that lie within what the Office of Management and Budget defines as micropolitan areas. Micropolitan areas are characterized by an urban area with a population between 10,000 and 50,000, and adjacent rural counties. Data suggest that rural areas within micropolitan regions do better economically than rural areas unconnected to urban areas, though not as well as the principal city within the micropolitan area. If the objective is to reduce the economic, and perhaps also the political, divide between urban and rural areas, then micropolitan areas may represent low-hanging fruit for redress. This Article argues that micropolitan areas are an important window into understanding the relationship between urban and rural economies, explores the characteristics of those areas that are likely to generate economic success, and recommends policies that would capture those benefits. Additionally, we speculate that increased opportunities for economic interaction between the urban and rural parts of micropolitan areas could also address the political aspects of the urban-rural divide. Recognizing the complexity of the relationship between urban and rural economies, we identify various obstacles to realizing the kinds of interlocal cooperation that we believe are necessary to reduce the economic and political divide within micropolitan areas. We conclude with suggestions for a research agenda to remedy the underdeveloped study of micropolitan areas.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135855945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Communities of competitors: Toward leveraging the region’s contradictions 竞争者群体:利用该地区的矛盾

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0020

Fred O. Smith

{"title":"Communities of competitors: Toward leveraging the region’s contradictions","authors":"Fred O. Smith","doi":"10.1515/til-2023-0020","DOIUrl":"https://doi.org/10.1515/til-2023-0020","url":null,"abstract":"Abstract Fragmented regions face a range of collective action problems on issues ranging from transportation to affordable housing. Specifically, within regions, free-rider and race-to-the-bottom problems both abound. This Article offers theoretical lenses to clarify the sources of, and barriers to solving, these problems. First, it introduces the concept of concentricity to better understand the region. The municipality and the region represent coexisting, concentric communities and nodes of competition. The geographically based identity that one espouses may toggle between the local and the regional across different contexts. Second, this Article describes a community-competitor feedback loop. Drawing on social science literature, the Article shows how encouraging deep identification with a community can inspire competition with other communities. And encouraging competition between communities can deepen community identity. The Article then applies these theories to practical considerations. Given the persistent nature of hyperlocal identity, intraregional competition, and the resultant feedback loop, mandatory regional solutions may often be politically unattainable, even when they are the optimal solution. Accordingly, this Article presents two voluntary, cooperative regionalist solutions that embrace and potentially exploit regions’ concentric identities, instead of doing the more costly work of dislodging local identity.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"19 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The challenge of regionalist institutions without regionalist politics 没有地方主义政治的地方主义制度的挑战

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0025

Roderick M. Hills

{"title":"The challenge of regionalist institutions without regionalist politics","authors":"Roderick M. Hills","doi":"10.1515/til-2023-0025","DOIUrl":"https://doi.org/10.1515/til-2023-0025","url":null,"abstract":"Abstract Scholarship on regionalist institutions lacks a theory of regionalist politics because we lack regional political parties, without which regional politics is difficult. Particularly in the United States, regional governments are the product of either intergovernmental agreements between governments controlled by ostensibly national parties or state statutes and federal grants administered by ostensibly nonpartisan bureaucrats. The absence of truly regionalist politics and parties creates problems for governmental problem-solving at both the national and regional levels. First, politics abhors a vacuum: In the absence of truly regionalist parties, politics generates semi-regionalized parties that risk hindering national policymaking with the parochial outlook of the semi-regionalized politicians. Second, regional politics are important tools for organizing both legislators and voters to pursue regionally controversial ends requiring political compromise. National parties organized around national issues cannot perform this function at the regional level. Without regional parties organized around issues like overcoming NIMBY (“not-in-my-backyard”) resistance to housing, for instance, it is difficult to rally politicians to take politically costly positions on those issues. This Article aims to solve the problem of missing regionalist parties and politics in two steps—first, with a taxonomy of regional governments and regionalist and semi-regionalist parties along with their respective benefits and burdens, and second, with very modest suggestions for promoting regionalist and discouraging semi-regionalist, parties. None of these solutions is perfect. Genuinely regionalist democracy presents an unsolvable problem, resulting from the inevitable cognitive limits of voters and the organizational incentives of politicians at every level of government.","PeriodicalId":39577,"journal":{"name":"Theoretical Inquiries in Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135856162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Cities in a world of regions – Remarks from an international law perspective 区域世界中的城市——从国际法角度的评论

Theoretical Inquiries in Law Pub Date : 2023-07-01 DOI: 10.1515/til-2023-0015

Helmut Philipp Aust

引用次数: 0