• Professor, School of Law

Daniel Mandelker

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• B.A. at University of Wisconsin
• LL.M. at University of Wisconsin
• J.S.D. at Yale University

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Land use regulation ?Planning Reform in the New Century? conference to be held Dec. 3-4 Nov. 15, 2004 -- Legal scholars, planners and political scientists from the Midwest will come together at WUSTL School of Law Dec. 3-4 to discuss the opportunities for reform in planning and land use regulation. Rep. Marcy Kaptur and Paul Farmer, president of the American Planning Association, will service as conference keynote speakers. The conference features two days of panel discussions on political leadership in planning statute reform, contemporary planning efforts, sprawl and urban growth, housing and regulatory streamlining, and the impact of state and local planning programs.

Supreme Court and eminent domain Highest court to clarify government's role in urban redevelopment, says land use law expert Nov. 11, 2004 -- At issue in the Kelo v. City of New London case before the Supreme Court is a redevelopment project in the downtown and waterfront areas of this economically distressed Connecticut city. Private property must be taken by condemnation in eminent domain and turned over to the developer to carry out the project. "In Kelo v. City of New London, the Supreme Court has taken a major case that will test the ability of municipalities to carry out redevelopment projects to improve their downtowns and city neighborhoods," says Daniel Mandelker, the Howard A. Stamper Professor of Law at Washington University in St. Louis and one of the country's leading scholars and teachers in land use law. Mandelker believes the Connecticut court properly upheld the use of eminent domain in this case, but that abuses can occur in other cases where there is no clear redevelopment objective.

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Court takes on question of seizing land Associated Press Online, Wall Street Journal and 20 others Sept. 29, 2004 -- The Supreme Court agreed Sept. 28 to decide when local governments may seize people's homes and businesses against their will to make way for projects like shopping malls and hotel complexes that produce more tax revenue. Daniel Mandelker, professor of law, who specializes in land use, said towns have legitimate reasons to take property, but the high court should redefine their limits.

Recent Publications

Books American Bar Association, 2001) (with R.L. Rubin)

* Editor, Protecting Free Speech and Expression: The First Ammendment and Land Use Law (

* 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, Supp. 2000)

* 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. 2000)

* Federal Land Use Law (1986, Supp. 2000) (with J. Gerard & T. Sullivan)

* Planning and Control of Land Development (5th ed., Michie 2001) (with J. Payne)

* Environmental Protection: Law and Policy (3td ed., Little Brown 1999) (with F. Anderson, R. Glicksman, & D. Tarlock)

* Housing and Community Development: Cases and Materials (with others)(3rd ed.. Michie 1999)

* 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

* Entitlement to Substantive Due Process: Old versus New Property in Land Use Regulation, 3 Washington University Journal of Law and Policy 61 (2000)

* Managing Space to Manage Growth, 23 William & Mary Environmental Law and Policy Review 801 (1999)

* "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