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," now in its Seventh Edition; the author of "Land Use Law, a comprehensive treatise in this field;" and co-author of  "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 is in its Sixth 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. Professor Mandelker was the principal consultant and contributor to the American Planning Association's model planning and zoning legislation project, which published a "Legislative Guidebook" containing new model legislation in 2002.


 

Recent Activities

Professor Daniel Mandelker served as consultant to a joint Task Force of the American Bar Association’s State and Local Government and Administrative and Regulatory Law Sections in the preparation of a model law that would reform the land use decision making process. The model law is based on model legislation Professor Mandelker prepared for the American Planning Associaton’s Growing Smart project.

Professor Mandelker also served as legal consultant for the New Orleans’ Bureau of Governmental Research in the preparation of amendments to the city charter that will revise the city’s planning process. The reforms seek to create overall consistency and fairness in the city’s processes for making zoning decisions; bring the decision-making process in line with the city’s master plan; and give neighborhoods a voice in planning matters. The charter amendments were adopted in the November, 2008 election.

The American Planning Association (APA) recently published Planning Reform in the New Century, a collection of essays based on a conference held at the law school and edited by Professor Mandelker. The APA also published a Planning Advisory Service report by Professor Mandelker, Street Graphics and the Law, a revision of his widely influential text and model ordinance on sign regulation, and another Planning Advsisory Service report, Planned Unit Developments, also a revision of an earlier influential text and model ordinance for the development of planned communities.

The sixth edition of his co-authored casebook, State and Local Government in a Federal System, was recently published, and the seventh  edition of his co-authored casebook, Planning and Control of Land Development, also was recently published.

Professor Mandelker has lectured nationally and internationally on land-use topics and the National Environmental Policy Act, and spoke on the New Orleans charter reforms at a meeting of the Association of American Law Schools. His recent lectures also include sessions at the annual meetings of the APA and the keynote address at an international conference of the International Federation of Housing Planning in Oslo, Norway. 



Publications

Books

  • Planned Unit Developments, (American Planning Ass’n, Planning Advisory Serv. Rep. 545 (2008)
  • Planning and Control of Land Development (with J. Payne, P. Salsich & N. Stroud (7th ed., 2008)
  • Property Law and the Public Interest (with G. Hylton, D. Callies & P. Franzese (3d ed. 2007)
  • Environmental Protection: Law and Policy (with R. Glicksman, W. Buzbee, D. Markell & D. Tarlock) (5th ed. 2007)
  • State and Local Government in a Federal System (with D. Netsch, P. Salsich, J. Wegner, S. Stevenson & J. Griffith) (6th ed. 2006)
  • Street Graphics and the Law, Revised Edition (American Planning Ass'n, Planning Advisory Serv. Rep. No. 527 (2004) (with A. Bertucci and W. Ewald)
  • Land Use Law (5th ed. 2003 & Supp. 2005)
  • Environmental Protection: Law and Policy (with F. Anderson, R. Glicksman, & D. Tarlock) (4th ed. 2003)
  • Editor, Protecting Free Speech and Expression: The First Amendment and Land Use Law (American Bar Association, 2001) (with R.L. Rubin)
  • Housing and Community Development: Cases and Materials (with others) (3d ed. 1999)
  • NEPA Law and Litigation (2d ed. 1992 & updated annually)
  • Street Graphics and the Law (with W. Ewald) (1988)
  • Federal Land Use Law (with J. Gerard & T. Sullivan) (1986 & Supp. 2002)
  • Environment and Equity: A Regulatory Challenge (1981)
  • Reviving Cities Through Tax Abatement (with G. Feder & M. Collins) (1980)
  • Housing in America: Problems and Perspectives (with R. Montgomery) (2d Ed. 1979)
  • Environmental and Land Controls Legislation (1976 & Supp. 1982)
  • New Developments in Land and Environmental Controls (1974)
  • Air Quality Management and Land Use Planning (with G. Hagevik & R. Brail)(1974)
  • Housing Subsidies in the United States and England (1973)
  • Street Graphics (with W. Ewald) (1971)
  • The Zoning Dilemma (1971)
  • Managing Our Urban Environment (2d Ed. 1971)
  • Case Studies in Land Planning and Development (1968)
  • Green Belts and Urban Growth: English Town and Country Planning in Action (1962)

Monographs

  • Corridor Preservation: Study of Legal and Institutional Barriers (with B. Blaesser), Federal Highway Administration (1996)
  • Environmental Policy: The Next Generation (Fifteenth Denman Lecture, University of Cambridge, England; Department of Land Economy, 1993)
  • The Application of the National Environmental Policy Act to Highway Projects (with G. Feder), National Cooperative Highway Research Program, Legal Research Digest, No. 15 (1990)
  • Legal Techniques for Reserving Right-of-Way For Future Projects Including Corridor Protection (with A. Kolis), National Cooperative Highway Research Program, Research Results Digest No. 165 (1987)
  • 1974 Five Year Boundary Review Report: An Evaluation of the Hawaii Land Use Law (with S. Spiegel) (1974)
  • Editor, The Capacity of the Legal System to Facilitate the Urban Development Process: Korea and the Philippines (1972)
  • Controlling Planned Residential Development (1966)

Chapters in Books and Monographs

  • Project Environmental Analysis in Transportation Research Board, 3 Selected Studies in Highway Law, Environmental Law and Transportation (2003)
  • Derecho Urbanístico y Ordenación Urbanistica Excluyente en los Estados Unidos de América in Annuario del Gobierno Local 2002, at 169
  • Commentary and Draft Model Legislation on Judicial and Administrative Review, Melding State Environmental Policy Acts with Local Planning, Corridor Maps and Amortization of Nonconforming Uses in American Planning Association, Growing Smart Legislative Guidebook, Model Statutes for Planning and the Management of Change (2002)
  • The Notice Rule in Investment-Backed Expectations in Taking Sides on Takings Issues (T. Roberts ed., American Bar Association, 2002)
  • Sign Regulation and Free Speech: Spooking the Doppelganger in Trends in Land Use Law from A to Z (P. Salkin, ed., American Bar Association, 2001)
  • Corridor Maps (with B. Blaesser) in Modernizing State Planning Statutes: The Growing Smart Working Papers Vol. II, American Planning Association, Planning Advisory Service Report No. 480-481 (1998)
  • 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)
  • Housing Issues in AIDS Law Today in S. Burris, H. Dalton, J. Miller & the Yale Law Project, Eds., AIDS Law Today (1993)
  • The Legal Framework for Environmental Review of State and Local Public Works Projects in Advisory Commission on Intergovernmental Relations, Intergovernmental Decisionmaking for Environmental Protection and Public Works (1992)
  • Principles on Due Process and Equal Protection in B. Blaesser & A. Weinstein, Eds., Land Use and the Constitution: Principles for Planning Practice (1989)
  • Zoning in L. Levy, K. Karst & D. Mahoney, Eds., Encyclopedia of the American Constitution 2088 (with B. Ross) (1986)
  • Group Homes: The Supreme Court Revives the Equal Protection Clause in Land Use Cases, 1986 Proceedings of the Institute on Planning, Zoning, and Eminent Domain Ch. 3 (1986)
  • The Constitutionality of Inclusionary Zoning: An Overview in D. Merriam, D. Brower and P. Tegeler, Eds., Inclusionary Zoning Moves Downtown (1985)
  • Legislation to Reduce Litigation in Urban Land Institute, Working With the Community: A Developer's Guide (1985)
  • Land Use Law and Antitrust Liability in E. Netter, ed., Land Use Law: Issue for the Eighties, Part II (1984)
  • Environmental Protection in F. So, I. Hand & B. McDowell, Eds., The Practice of State and Regional Planning (1984)
  • Comprehensive Plans and the Law (with E. Netter), in E. Netter and S. Meck, Eds., A Planner's Guide to Land Use Law (1983)
  • Energy Conservation Implementation Through Comprehensive Land Use Controls, in R. Burchell & D. Listokin, Eds., Energy and Land Use (1982)
  • The Taking Issue in Land Use Regulation, in J. DeNeufville, ed., The Land Use Policy Debate in America (1981)
  • Commentary on Legal Aspects of Controlling Shopping Center Competition, in G. Sternlieb & J. Hughes, Eds., Shopping Centers: U.S.A. (1981)
  • Regulatory Simplification: An Overview, in A. Kolis, ed., Thirteen Perspectives on Regulatory Simplification (Urban Land  Institute Research Rep. No. 29, 1979)
  • The Role of the Federal Government in Land Use Planning and Development Controls (with D. Wafer) in R. Cowart, ed., Land Use: Planning, Politics, and Policy (1976)
  • The Clean Air Act: Land Use and Transportation Implications, in Proceedings, National Conference on Land Use and Transportation Planning and Air Quality Management (1975)
  • Planned Unit Development: Internal Procedures and External Effects, in R. Burchell, ed., Frontiers of Planned Unit Development (1973)
  • Quality Standards for the Control of Air Pollution, in A. Atkisson & R. Gaines, Eds., Development of Air Quality Standards (1970)
  • The Basic Philosophy of Zoning: Incentive or Restraint, in N. Marcus & M. Govers, Eds., The New Zoning (1970)
  • New Incentives and Controls, in W. Ewald, ed., Environment and Policy (1968)
  • A Legal Strategy for Urban Development, in S. Warner, ed., Planning for a Nation of Cities (1966)

Articles (partial)

  • Model Legislation for Land Use Decisions, 35 Urban Lawyer 635 (2003) [view article]
  • The Affordable Housing Element in Comprehensive Plans, 30 Boston College Environmental Affairs Law Review 555 (2003)
  • Fred Bosselman's Legacy to Land Use Reform, 17 Journal of Land Use and Environmental Law 11 (2002)
  • Entitlement to Substantive Due Process: Old versus New Property in Land Use Regulation, 3 Washington University Journal of Law and Policy 61 (2000) [view article]
  • Managing Space to Manage Growth, 23 William & Mary Environmental Law and Policy Review 801 (1999) [view article]
  • 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 L. & Zoning Dig., 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 (with D. Tarlock), 24 Boston College Environmental Affairs Law Review 103 (1996)
  • Planning and the Law, 20 Vermont Law Review 657 (1996)
  • Property Rights and Takings (with A. Strong & E. Kelly), 62 Journal of the American Planning Association 5 (1996)
  • 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)
  • A Plea to Allow the Federal Courts to Clarify the Law of Regulatory Takings (with M. Berger), Land Use Law & Zoning Digest, Vol. 42, No. 1, at 3 (1990)
  • The Shifting Presumption of Constitutionality in Land-Use Law, 4 Journal of Planning Literature 393 (1989)
  • Controlling Nonpoint Source Water Pollution: Can It Be Done?, 65 Chicago-Kent Law Review 479 (1989)
  • NEPA Alive and Well: The Supreme Court Takes Two, 19 Environmental Law Reporter 10385 (1989)
  • Interim Development Controls in Highway Programs: The Taking Issue, Journal of Land Use and Environmental Law 167 (1989)
  • The Quiet Revolution -- Success and Failure, 55 Journal of the American Planning Association 204 (1989)
  • Waiving the Taking Clause: Conflicting Signals From The Supreme Court, Land Use Law & Zoning Digest, Vol. 40, No. 11, at 3 (1988)
  • Applying the Ripeness Doctrine in Federal Land Use Litigation (with B. Blaesser), 11 Zoning and Planning Law Report 50 (1988)
  • Investment-Backed Expectations: Is There a Taking?, 31 Washington University Journal of Urban and Contemporary Law 3 (1987)
  • Making Difficult Choices for Lower Income Housing Subsidies, 8 Urban Law and Policy 191 (1986)
  • Public Entrepreneurship: A Legal Primer, 15 Real Estate Law Journal 1 (1986)
  • Reversing the Presumption of Constitutionality in Land Use Litigation: Is Legislative Action Necessary?, 30 Washington University Journal of
    Urban and Contemporary Law 5 (1986)
  • The White River Junction Manifesto (with N. Williams, R. Smith, C. Siemon & R. Babcock), 9 Vermont Law Review 193 (1984)
    Special Purpose Zoning, Urban Land, Vol. 43, No. 10, at 34 (1984)
  • The Free Speech Revolution in Land Use Control, 60 Chicago-Kent Law Review 51 (1984)
  • Cleaning the Air: The Costs and Benefits of Air Quality Control, Washington University Law School Magazine, Vol. 5, No. 1, at 30 (1983)
  • Urban Revitalization in the 1980's, Washington University Magazine, Vol. 53, No. 3, at 14 (1983)
  • Professor Hagman's Legacy to Legal Scholarship (with D. Tarlock), 29 University of California at Los Angeles Law Review 770 (1982)
  • Planning and Housing in the Yugoslav Republic of Solvenia, 4 Urban Law and Policy 357 (1982)
  • Inverse Condemnation for Land Use Takings: New Riddles from the Supreme Court, Urban Land, Vol. 40, No. 8, at 22 (1981)
  • Land Use Takings: The Compensation Issue, 8 Hastings Constitutional Law Quarterly 491 (1981)
  • The Billboard Ban: Aesthetics Comes of Age (with L. Reiman), Land Use Law & Zoning Digest, Vol. 31, No. 11, at 4 (1979)
  • Wither Hawaii: Land Use Management in an Island State (with A. Kolis), 1 University of Hawaii Law Review 48 (1979)
  • Constitutional Limitations on Emission Quotas as an Air Pollution Control Strategy (with F. Taub), 8 Ecology Law Quarterly 269 (1979)
  • City Planning in the Soviet Union: Problems of Coordination and Control, 2 Urban Law & Policy 97 (1979)
  • The Catch-13 in Proposition 13: Higher Development Charges Raise New Questions for Courts, Environmental Comment July, 1979, at 4         
  • The Quiet Revolution Reconsidered, Land Use Law & Zoning Digest, Vol. 31, No. 8, at 4 (1979)
  • Differential Enforcement of Housing Codes--The Constitutional Dimension (with J. Gibb & A. Kolis, 55 Journal of Urban Law 517 (1978)
  • Should State Government Mandate Local Planning? .. Yes, Planning, July, 1978, at 14
  • Racial Discrimination and Exclusionary Zoning: A Perspective on Arlington Heights, 55 Texas Law Review 1217 (1977) 
  • Emission Quota Strategies as an Air Pollution Control Technique (with T. Sherry), 5 Ecology Law Quarterly 401 (1976)
  • The Role of the Local Comprehensive Plan in Land Use Regulation, 76 Michigan Law Review 899 (1976)
  • Multi-Permit Procedures in the Hawaiian System of Land Use Controls, Environmental Comment, May 1976, at 12
  • Critical Area Controls: A New Dimension in American land Development Regulation, 41 Journal of American Institute of Planners 21 (1975)
  • Downzoning to Control Growth Draws a Close Look from the Courts, 3 Real Estate Law Journal 402 (1975)
  • The National Coastal Zone Management Act of 1972 (with T. Sherry), 7 Urban Law Annual 119 (1974)
  • The Role of Land Use Controls in Combating Air Pollution Under the Clean Air Act of 1970 (with S. Rothschild), 3 Ecology Law Quarterly 235 (1973
  • Urban Conflict in Urban Renewal: The Milwaukee CRP Experience, 1971 Law and the Social Order 635
  • Legal and Political Forums for Urban Change, 405 Annals of the American Academy of Political and Social Science 41 (1973)
  • Judicial Review of Land Development Controls Under the ALI Model Code, 1971 Land-Use Controls Annual 101
  • The Local Community's Stake in Code Enforcement, 3 Urban Lawyer 601 (1971)
  • A Model State Relocation Law, 1971 Urban Law Annual 117
  • Strategies in English Slum Clearance and Housing Policies, 1969 Wisconsin Law Review 800
  • Housing Codes, Building Demolition and Just Compensation: A Rationale for the Exercise of Public Powers Over Slum Housing, 67 Michigan Law Review 800
  • Investment Activities of Relocated Tenement Landlords - A Pilot Study (with D. Heeter), 1968 Urban Law Annual 33
  • The Comprehensive Planning Idea in Urban Renewal, 116 University of Pennsylvania Law Review 16 (1967)
  • Inverse Condemnation: The Constitutional Limits of Public Responsibility, 1966 Wisconsin Law Review 3
  • The Role of Law in the Planning Process, 30 Law and Contemporary Problems 26 (1965)
  • Controlling Land Values in Areas of Rapid Urban Expansion, 12 University of California at Los Angeles Law Review 734 (1965)
  • Some Policy Considerations in the Drafting of New Towns Legislation, 1965 Washington University Law Quarterly 71
  • Planning the Freeway: Interim Controls in Highway Programs, 1964 Duke Law Journal 439
  • Delegation of Power and Function in Zoning Administration, 1963 Washington University Law Quarterly 60
  • Control of Competition as a Proper Purpose in Zoning, 14 Zoning Digest 33 (1962)
  • Notes from the English: Compensation in Town and Country Planning, 49 California Law Review 699 (1961)