David Schleicher’s Contributions to Property and Urban Law
On July 30, 2024, Yale University announced the appointment of David Schleicher as the Walter E. Meyer Research Professor, focusing on property and urban law. Schleicher has been a faculty member at Yale Law School since 2015, specializing in local government law, land use, federalism, state and local finance, and urban development. His extensive research has been published in both academic journals and popular media, and his recent book, “In Bad Shape: Responding to State and Local Fiscal Crises,” explores the federal government’s responses to state and local budget crises. Schleicher has co-authored a major casebook on local government and property law and co-hosts the popular podcast “Digging In: A Legal Theory Podcast.” He has been praised as an “ideal urban law scholar” by renowned academics, including Edward Glaeser from Harvard University (2024 USNews Ranking: 3) . His work has been widely discussed in prominent publications such as The New York Times, The New Yorker, The Atlantic, and National Affairs.
Schleicher’s appointment is significant not only for Yale University but also for the broader academic community, particularly in the context of U.S. colleges and universities. His expertise in local government law and urban development is increasingly relevant as cities across the nation grapple with complex legal and financial challenges. The intersection of law, policy, and urban development is a critical area of study that can inform future generations of legal scholars and practitioners.
The Impact of Federal Responses to State and Local Budget Crises
One of the pressing issues that Schleicher’s work addresses is the impact of federal responses to state and local budget crises. The American Rescue Plan Act (ARPA), passed by Congress in 2021, provided historic federal funding to states to address the economic and public health crises brought on by the COVID-19 pandemic. This legislation allocated $350 billion in flexible funding to states, local governments, and tribal entities, aimed at helping them navigate fiscal uncertainty.
As the pandemic subsided, many states found themselves facing unexpected budget surpluses, raising important policy challenges regarding the prudent use of these one-time funds. Experts have cautioned that using one-time funds to cover ongoing commitments could lead to future fiscal cliffs, necessitating careful planning by policymakers to ensure long-term fiscal stability.
Research from the Pew Charitable Trusts indicates that six states and one territory demonstrated varied approaches in utilizing the State and Local Fiscal Recovery Funds (SLFRF). Policymakers tended to allocate these funds toward immediate pandemic-related needs and one-time investments. Notably, four states directed over 90% of their SLFRF funds to directly address pandemic demands or one-time projects. While some states did allocate portions of their funding to operational expenses, they generally adopted planning strategies to mitigate long-term fiscal risks. For instance, many states opted to fund existing projects rather than initiate new ones and developed plans for the gradual phase-out of funded projects.
The differences in how states utilized SLFRF funds highlight the importance of strategic decision-making in local government finance. Some states used the funds to replace lost state tax revenues, while others directed them toward specific one-time projects. Although most states approached the use of these one-time funds with caution, the potential for future fiscal challenges remains a concern.
To help states maintain structural balance in the future, the Pew Charitable Trusts has proposed several recommendations, including prioritizing urgent needs, directing funds toward one-time investments, limiting risks associated with operational expenditures, and assessing the indirect impacts of federal aid. By implementing these measures, state governments can better leverage federal funding and avoid future fiscal crises.
The Role of Local Government Law in Urban Development
The role of local government law in urban development is another critical area of focus for David Schleicher. On January 10, 2024, MRSC Insight published an article emphasizing the importance of municipal officials, such as mayors, council members, and city managers, in effectively managing local governments. The article pointed out that role confusion among municipal officials often leads to conflicts, making it essential to clarify their respective responsibilities and relationships.
In Washington State, cities and towns primarily operate under two forms of government: the mayor-council system and the council-manager system. The article detailed the distribution of powers under these two forms, emphasizing the fundamental principle of separation of legislative, executive, and judicial powers. The city council is responsible for enacting laws and policies, while the mayor or manager executes these policies and manages day-to-day operations. The city council’s responsibilities include budgeting, defining the roles of municipal officials, setting salaries, and maintaining retirement systems, while the mayor is tasked with executing council policies, managing municipal affairs, and overseeing municipal staff.
Understanding the roles of city councils and mayors is crucial for resolving conflicts that may arise in local governance. For instance, the city council may express dissatisfaction with the mayor’s appointments but lacks the authority to intervene in the mayor’s dismissal powers. Similarly, the mayor may make different execution decisions within the budget authorized by the city council, leading to disagreements. The article concluded by emphasizing that understanding each other’s roles is a necessary step in resolving these conflicts and recommended that municipal officials utilize resources and training provided by MRSC to better fulfill their responsibilities.
The significance of local government law in urban development cannot be overstated. As cities continue to grow and evolve, the legal frameworks that govern them must adapt to meet the changing needs of their communities. Schleicher’s work in this area contributes to a deeper understanding of how local government law can facilitate effective urban development and address the challenges faced by municipalities.
The Significance of Interdisciplinary Approaches in Legal Education
In addition to his contributions to property and urban law, David Schleicher’s work aligns with the growing recognition of the significance of interdisciplinary approaches in legal education. On March 6, 2024, the Princeton School of Public and International Affairs (SPIA) launched two new initiatives aimed at addressing legal, criminal justice, and public policy issues through interdisciplinary methods. These initiatives, the Criminal Justice @ SPIA Faculty Cluster and the Law and Public Policy Project (P*LAW), are part of a redesigned Law @ Princeton program that replaces the Law and Public Affairs Project (LAPA), which was suspended during the COVID-19 pandemic.
According to Patrick Sharkey, a professor of sociology and public affairs, there had previously been no collective knowledge community on campus focused on issues related to crime, violence, policing, and the criminal legal system, despite the existence of excellent research across various disciplines. To create such a center, Sharkey established the cluster last October and recently introduced the Criminal Justice @ SPIA initiative to students, faculty, and community members. The initiative aims to elevate research levels on campus, establish a knowledge community around research, and translate research findings into policy initiatives.
Faculty involved in the Criminal Justice @ SPIA initiative have already made significant strides in the field, launching multiple research projects, including AmericanViolence.org, the Center on Transnational Policing, Research on Policing Reform and Accountability, and investigations into the impact of organized crime on economic development. The work of this faculty cluster is also connected to SPIA’s Making an Exoneree course and the Policy Advocacy Clinic, which was launched last year. The founder of the Policy Advocacy Clinic, Udi Ofer, a visiting professor of public and international affairs, is the only overlapping faculty member between the two new initiatives. His clinic students have submitted reports and recommendations to the United Nations, collaborated with congressional members on policy and data analysis, including research on sentencing disparities in drug laws, and developed accountability plans for policing advocates in New Jersey.
While these students are not part of the Criminal Justice @ SPIA faculty cluster, the initiative’s manager, Emily Eckhart, noted that the cluster provides a valuable opportunity for them to identify potential independent research collaborators. The Criminal Justice @ SPIA initiative differs from the Law and Public Policy Project in that, while criminal justice is a crucial area of legal research, law intersects with nearly every significant policy issue we face, including international conflict, climate regulation, democracy, free speech, and reproductive health. The project collaborates with interdisciplinary scholars and practitioners across various fields to explore legal issues.
Like LAPA, PLAW will host visiting law professors, conduct seminars and other events, and provide an interdisciplinary hub for legal research on campus. However, PLAW places a greater emphasis on policy. According to Deborah Pearlstein, the director of PLAW, the initiative is pioneering a series of “problem-solving workshops” that invite visiting scholars to expand their research interests into specific legal and policy issues, such as free speech on social media. Pearlstein stated, “We are bringing together a high-level group of interdisciplinary scholars not only to discuss how to define problems but also to brainstorm potential solutions and think through implementation strategies during day-long workshops.” Although PLAW is not a degree program, Pearlstein and other faculty members are guiding undergraduate independent research related to legal studies, with at least eight law-related courses listed on the SPIA website for the spring semester.
The success of these emerging initiatives will be marked by an elevation in the level of legal academic research, inspired by the interdisciplinary research they are designed to foster. The interest of faculty and students in participating in these projects, along with the community’s demand for research outcomes, has already driven the further development and expansion of P*LAW and Criminal Justice @ SPIA. Pearlstein remarked, “Princeton’s strong interest in law is overwhelming in the best sense.”
Conclusion
David Schleicher’s appointment as the Walter E. Meyer Research Professor at Yale University marks a significant milestone in the field of property and urban law. His extensive expertise and research contributions are particularly relevant in the context of the challenges faced by local governments in the United States. The impact of federal responses to state and local budget crises, the role of local government law in urban development, and the significance of interdisciplinary approaches in legal education are all critical areas that Schleicher’s work addresses.
As U.S. colleges and universities continue to navigate the complexities of legal education and urban governance, Schleicher’s insights will undoubtedly inform future scholarship and policy initiatives. The intersection of law, policy, and urban development is a vital area of study that can shape the future of American cities and the legal frameworks that govern them. By fostering interdisciplinary collaboration and emphasizing the importance of local government law, Schleicher’s work will contribute to a more nuanced understanding of the legal challenges facing urban areas and the potential solutions that can emerge from thoughtful research and policy advocacy.
