Daniel R. Mandelker

This is a photograph of Daniel R. Mandelker

Howard A. Stamper Professor of Law

E-mail: mandelker@wulaw.wustl.edu


Recent Activities
Publications


Education:   B.A., 1947, University of Wisconsin; LL.M., 1949, University of Wisconsin; J.S.D., 1956, Yale University
Teaches:       Land Use Law, State and Local Government, Environmental and Land Use Litigation

Professor Mandelker is one of the country's leading scholars and teachers in land use law. He is the co-author of a popular law school casebook, Planning and Control of Land Development, which is now in its Fourth Edition; the author of Land Use Law, a comprehensive treatise this field; and co-author of Federal Land Use Law and Property Law and the Public Interest, a modern property law casebook. He also is a pioneer in the teaching of environmental law and state and local government law, and his casebook on state and local government also is in a Fourth Edition. In environmental law, Professor Mandelker is best known for his widely-used treatise, NEPA Law and Litigation. His stature as leading scholar and teacher is continually affirmed by invitations to lecture throughout the world, including the prestigious Denham Lecture at Cambridge University.


 

Recent Activities
September 29, 1999

Aspen Law Publishing has published the third edition of Dan's co-authored casebook, Environmental Protection: Law and Policy, and Carolina Academic Press has published the third edition of Dan's co-authored book, Housing and Community Development. The Urban Lawyer recently published Dan's testimony before the House Judiciary Committee on the land use ripeness legislation. Earlier this month Dan presented testimony to a subcommittee of the House Judiciary Committee on the present version of this legislation which is now before Congress.

Dan will be the keynote speaker at a Land Use Institute held by Maryland Institute for Continuing Professional Education in Baltimore, and will make presentations at a land use conference to be held at Georgetown University Law School and at an ALI-ABA Course of Study in Boston.

The National Association of Environmental Professionals has appointed Dan chair of the Legal Issues Committee of its NEPA Working Group. The Jurist web site, which is the host site for law professor web sites, named Dan's Land Use Law site the site of the week last February. Lawyer's Weekly USA, and the Beau-fort, South Carolina Gazette interviewed and quoted Dan on land use issues.

The American Planning Association's Land Use Law and Zoning Digest named two of Dan's articles in a list of classic articles it recently published. The St. Louis Business Journal has published a photograph taken by Dan.

Prof. Mandelker will attend, and lead a concurrent session, at a workshop in Denver on the takings issue sponsored by the State and Local Government Section of the American Bar Association and the Rocky Mountain Land Use Institute. The purpose of the workshop is to develop a consensus working paper on the taking issue for presentation to the ABA House of Delegates.

In April, Prof. Mandelker attended a Leadership Forum on Growth Management and the Report of the President's Council on Sustainable Development at the University of Colorado in Denver. The Forum, which was attended by growth management experts from around the country, will present a report to the President and Congress.

Prof. Mandelker made several presentations on land use law topics at the Annual Conference of the American Planning Association in Seattle in May. He will also make several presentations to the annual ALI-ABA Land Use Institute in Santa Fe in August. In May, Prof. Mandelker gave the keynote address at the annual workshop of the St. Louis Chapter of the American Planning Association. He has prepared a model statute on nonconforming uses for the model laws project of the American Planning Association, and the Directorate for the project will consider a revised version of his chapter on administrative and judicial review in Washington, D.C. in June.

Aspen Law Publishing, formerly Little Brown, will publish the fourth edition of Prof. Mandelker's co-authored casebook, Environmental Protection: Law and Policy this fall. The William and Mary Environmental Law and Policy Review will publish his article, Managing Space to Manage Growth, later this year. The article is based on a presentation Prof. Mandelker made to a conference at William and Mary earlier this year.

Prof. Mandelker was interviewed by the Columbia, Missouri newspaper and the South County Journal on land use issues.

The Institute of Law Teaching, to be held at Gonzaga University in June, has invited Prof. Mandelker to present a workshop to the Institute on the use of his Land Use Law course web site in class teaching. The Institute is held annually and invites distinguished law teachers from around the country to present workshops on their teaching methods.

Mike Hollins, a student in Prof. Mandelker's Environmental and Land Use Litigation seminar last year, has had his seminar paper accepted for publication by the Florida State University Land Use and Environmental Law Review. Mike is the sixth student in Prof. Mandelker's seminar to have his paper published. Mike's paper discusses a recent District of Columbia Court of Appeal case on federal jurisdiction under the dredge and fill permit program.

Prof. Mandelker and his coauthors have submitted the third edition of their Environmental Protection: Law and Policy casebook to the publisher. Prof. Mandelker's coauthors have also submitted the third edition of their Housing and Community Development casebook to the publisher. The American Planning Association published Prof. Mandelker's proposed statute for the administrative and judicial review of land use decisions in their Interim Legislative Guidebook in January, and a coauthored article on corridor preservation in the second set of working papers published for the model legislation project. The Urban Lawyer has accepted Prof. Mandelker's congressional testimony on the H.R. 1534, the land use ripeness bill, for publication. A favorable book review of Prof. Mandelker's coauthored casebook, Property Law and the Public Interest, will appear in the Seattle Law Review. The review makes complimentary references to Prof. Mandelker 's chapters, including his chapter on landlord and tenant law.

Prof. Mandelker spoke to the legal action and government affairs committees of the National Association of Home Builders in Dallas on the congressional land use ripeness legislation. He will speak at a seminar on takings law at the University of Miami in March and at a workshop on the National Environmental Policy act at the annual conference of the National Association of Environmental Professionals in Kansas City in June. The American Bar Association has also appointed Prof. Mandelker to a committee which is planning a workshop intended to develop a position paper on the takings clause.

Prof. Mandelker was interviewed by the Baltimore Sun and the Chicago Tribune on land use issues. Correction: Prof. Mandelker 's last activity report mentioned photographs by Prof. Mandelker published in local newspapers. These were photographs taken by Prof. Mandelker , not photographs of Prof. Mandelker .

Prof. Mandelker has made presentations at a conference of state hearing examiners in Washington State; at the annual lawyer's conference of the Federalist Society in Washington, D.C.; and at a conference on wetlands preservation in St. Louis. He will speak at a course on the National Environmental Policy Act in San Diego in December, and will present a paper on growth management techniques at a conference on growth management at the William & Mary law school. He will also make presentations at the annual conference of the Rocky Mountain Land Use Institute and at the annual meeting of the American Planning Association.

Prof. Mandelker was interviewed on land use issues by the Associated Press, and its wire service story quoting Prof. Mandelker was published in the Sacramento Bee, the Contra Costa Times and other newspapers. The Wall Street Journal and the San Francisco Examiner also interviewed Prof. Mandelker and on land use questions. Prof. Mandelker has had his photographs published in the St. Louis Post-Dispatch, the St. Louis Business Journal, and Jewish Life.

The American Planning Association has published model legislation drafted by Prof. Mandelker for corridor preservation and for integrating environmental assessment with land use planning and regulation in its interim Legislative Guidebook for Growing Smart, its model legislation project for planning and zoning legislation. He is presently drafting legislation for the project on the administrative and judicial review of land use decisions, and will meet with their advisory board in Washington, D.C. in January.



Publications

Books

Housing and Community Development: Cases and Materials (with others)(3d ed., Carolina Academic Press, 1999)

Environmental Protection: Law and Policy (3d ed., Aspen Law Publishing, 1999) (with F. Anderson, A.D. Tarlock and R. Glicksman)

Property Law and the Public Interest (Lexis Law Publishing 1998) (with G. Hylton, D. Callies & P. Franzese)

Land Use Law (4th ed., Lexis Law Publishing 1997)

State and Local Government in a Federal System (4th ed., 1996) (with D. Netsch, P. Salsich, & J. Wegner)

NEPA Law and Litigation (2nd ed., Clark Boardman Callaghan 1992, Supp. 1997 & Supp. 1998)

Federal Land Use Law (1986, Supp. 1997 & Supp. 1998) (with J. Gerard & T. Sullivan)

Planning and Control of Land Development (4th ed., Michie 1995) (with R. Cunningham & J. Payne)

Environmental Protection: Law and Policy (2d ed., Little Brown 1990) (with F. Anderson & D. Tarlock)

Housing and Community Development: Cases and Materials (with others)(2d ed.. Michie 1989)

Street Graphics and the Law (Planners Press: American Planning Association 1988) (with W. Ewald)

Environment and Equity: A Regulatory Challenge (McGraw-Hill 1981)

Reviving Cities Through Tax Abatement (Rutgers University Center for Urban Policy Research 1980) (with G. Feder & M. Collins)

Housing in America: Problems and Perspectives (2d Ed., Bobbs-Merrill 1979) (with R. Montgomery)

Environmental and Land Controls Legislation (Bobbs-Merrill 1976 & 1982 Supp.) (Chapter by D. Heeter)

New Developments in Land and Environmental Controls (2nd ed. Bobbs-Merrill 1974)

Air Quality Management and Land Use Planning (with G. Hagevik & R. Brail) (Praeger 1974)

Housing Subsidies in the United States and England (Bobbs-Merrill 1973)

Street Graphics: A Concept and a System (with W. Ewald) (American Society of Landscape Architects 1971)

The Zoning Dilemma; A Legal Strategy for Urban Change (Bobbs-Merrill 1971)

Managing Our Urban Environment (2d Ed. Bobbs-Merrill 1971)

Case Studies in Land Planning and Development (1968)

Green Belts and Urban Growth: English Town and Country Planning in Action (University of Wisconsin Press 1962)

Articles

"Testimony of Daniel R. Mandelker on H.R. 1534 Before the House Judiciary Committee," 31 Urban Lawyer 323 (1999)

"Federal Land Use Issues for the Next Century," 21 Zoning and Planning Law Report 33 (1998)

"New Property Rights Under the Taking Clause," 81 Marquette Law Review 9 (1997)

"Melding State Environmental Policy Acts with Land-Use Planning and Regulation," Land Use Law & Zoning Digest, Vol.49, No. 3, at 3 (1997), reprinted in Modernizing State Planning Statutes: The Growing Smart Working Papers Vol. II, American Planning Association, Planning Advisory Service Report No. 480-481 (1998)

"Two Cheers for Shifting the Presumption of Validity: A Reply to Professor Hopperton," 24 Boston College Environmental Affairs Law Review 103 (1996) (with D. Tarlock)

"Planning and the Law," 20 Vermont Law Review 657 (1996)

"Property Rights and Takings," 62 Journal of the American Planning Association 5 (1996) (with A. Strong & E. Kelly)

"Investment-Backed Expectations in Taking Law," 27 Urban Lawyer 215 (1995)

"Zoning Discrimination Against Group Homes Under the Fair Housing Act," Land Use Law and Zoning Digest, Vol. 46, No. 11, at 3 (1994)

"Of Mice and Missiles: A True Account of Lucas v. South Carolina Coastal Council," 8 Journal of Land Use and Environmental Law 285 (1993)

"Environmental Policy: The Next Generation," 64 Town Planning Review 107(1993)

"Takings '92: The Case of the Curious Case," Land Use Law and Zoning Digest, Vol. 44, No. 9, at 3 (1992)

"Takings: Trilogy II," Land Use Law & Zoning Digest, Vol. 44, No. 4, at 3 (1992)

"Shifting the Presumption of Constitutionality in Land-Use Law" (with D. Tarlock), 24 Urban Lawyer 1 (1992)

"The Conflict Between Environmental Land Use Regulation and Housing Affordability," 15 Zoning and Planning Law Report 1 (1992)

"Choice of Forum in Land Use Litigation: Federal or State?," 14 Zoning and Planning Law Report 114 (1991)

"Land Reservation for Public Facilities: The Taking Issue (with A. Kolis)," Urban Land, Vol. 49, No. 4, at 30 (1990)

Chapters in Books and Monographs

Corridor Preservation: Study of Legal and Institutional Barriers (Federal Highway Administration 1996) (with B. Blaesser)

Judicial Review of Land-Use Decisions in Modernizing State Planning Statutes: The Growing Smart Working Papers, American Planning Association, Planning Advisory Service Report No. 462-463 (1996)

"Waiving the Taking Clause: Conflicting Signals from the Supreme Court,"1994 Proceedings of the Institute on Planning, Zoning, and Eminent Domain, Ch. 7 (1995)