Southwestern Law School Los Angeles, CA
 

Faculty Profile

James A. Kushner

James A. Kushner

Professor of Law Emeritus

B.B.A., Finance and Economics, 1967, University of Miami; J.D., 1968, University of Maryland, Baltimore; Member, California and Missouri State Bars

Courses    Publications

Email:
Phone: (213) 738-6771
Office: BW305

James Kushner is an internationally recognized expert in land use, community development and constitutional law whose numerous publications stand as some of the most highly regarded treatises on the art, science and law of urban planning. Among his most recent books are Global Climate Change and the Road to Extinction, Healthy Cities, The Post-Automobile City, Comparative Urban Planning Law, and the latest editions of Subdivision Law and Growth Management, Housing And Community Development, Land Use Regulation: Cases and Materials, Government Discrimination: Equal Protection Law and Litigation, and Fair Housing: Discrimination In Real Estate, Community Development and Revitalization.

"I try to convey to my students early on that central to a lawyer's role is service - to one's client and to the community."

Early in his career, Professor Kushner served as director of housing for the Office of Economic Opportunity in Ohio, as managing attorney of the Law Reform Unit of the Legal Aid and Defender Society of Greater Kansas City, and as project attorney for the Earl Warren Legal Institute's National Housing and Economic Development Law Project in Berkeley.

While serving in those capacities, Professor Kushner also taught as a member of the adjunct faculties of several law schools. He joined Southwestern's full-time faculty in 1975, and in recent years was honored with the Buchalter and Rosenberg Professorships at the law school. In 2011, Professor Kushner completed a Fulbright Scholarship as Visiting Professor in the Fulbright Chair, Politecnico di Torino (within the graduate school of Urban Planning), in Turin, Italy. He has also been in demand as a visiting professor at law schools around the country, as well as the University of Virginia School of Architecture, Dortmund University School of Regional Planning, and the University of Utrecht and Saxion University, Deventer, in the Netherlands (the latter for a program of Greenwich University, London and Medway, United Kingdom). He says, "I try to convey to my students early on that central to a lawyer's role is service - to one's client and to the community."

Over the past decade, Professor Kushner has served as an advisor on fair housing enforcement, law and policy to the U.S. Department for Housing and Urban Development and other government entities. A former president of the Board of Directors of the Fair Housing Congress of Southern California, he has served on numerous executive boards, including those of the Association of American Law Schools Sections on Constitutional Law, Local Government Law, and Poverty Law. He became Professor Emeritus in 2011.

Publications

Books and Chapters

LAND USE REGULATION: CASES AND MATERIALS, 4th ed. (with D. Selmi and E. Ziegler; Aspen Publishers, 2012)

SUBDIVISION LAW AND GROWTH MANAGEMENT, 2 Vols. (West Group, 2009 -2012)

GLOBAL CLIMATE CHANGE AND THE ROAD TO EXTINCTION: THE LEGAL AND PLANNING RESPONSE (Carolina Academic Press, 2009)

GOVERNMENT DISCRIMINATION: EQUAL PROTECTION LAW AND LITIGATION, 3 Vols. (West/Thomson-Reuters, 2008-2012)

LAND USE REGULATION: CASES AND MATERIALS, 3rd ed. (with D. Selmi and E. Ziegler; Aspen Publishers, 2008) 

SUBDIVISION LAW AND GROWTH MANAGEMENT, 2 Vols., 2nd ed. (Thomson West, 2008)

HEALTHY CITIES - THE INTERSECTION OF URBAN PLANNING, LAW AND HEALTH (Carolina Academic Press, 2007)

THE POST-AUTOMOBILE CITY: LEGAL MECHANISMS TO ESTABLISH THE PEDESTRIAN-FRIENDLY CITY (Carolina Academic Press, 2004)

COMPARATIVE URBAN PLANNING LAW (Carolina Academic Press, 2003)

HOUSING AND COMMUNITY DEVELOPMENT LAW: CASES AND MATERIALS, 4th ed. (Carolina Academic Press, 2011; also 3rd ed., 1999) (with C. Daye, et. al.)

FAIR HOUSING: DISCRIMINATION IN REAL ESTATE, COMMUNITY DEVELOPMENT AND REVITALIZATION, 2nd ed. (West Group, 1995; and supplement 2000)

APARTHEID IN AMERICA: A HISTORICAL AND LEGAL ANALYSIS OF CONTEMPORARY IN THE RACIAL SEGREGATION UNITED STATES (Carrolton Press, 1980; Associated Faculty Press, 1981)

Articles

Affordable Housing in the Time of Global Climate Change, 43 URBAN LAWYER 179 (2011)

Urban Neighborhood Regeneration and the Phases of Community Evolution After World War II in the United States, 41 INDIANA LAW REVIEW 575 (2008)

The Unintended Consequences of Consent Decrees and the Case of the Century Freeway Litigation: Keith v. Volpe, 36:2 SOUTHWESTERN LAW REVIEW 301 (2007)

Urban Planning and the American Family, 36 STETSON LAW REVIEW 67 (2006)

Brownfield Redevelopment Strategies in the United States, 22 GEORGIA STATE UNIVERSITY LAW REVIEW 857 (2006)

Car Free Housing Developments: Towards Sustainable Smart Growth and Urban Regeneration: Car Free Zoning, Car Free Redevelopment, Pedestrian Improvement Districts, and New Urbanism, UCLA JOURNAL OF ENVIRONMENTAL LAW & POLICY (2005)

City Life in the Age of High Technology, URBAN LAWYER (2005)

New Urbanism: Urban Development and Ethnic Integration in Europe and the United States, 5 UNIVERSITY OF MARYLAND JOURNAL OF RACE, RELIGION, GENDER & CLASS (Spring 2005)

Walt Disney and the Quest for Community, 19 JOURNAL OF HOUSING AND THE BUILT ENVIRONMENT 129 (2004)

Introducing Ruth Bader Ginsburg and Predicting the Performance of a Ginsburg Court,"32 SOUTHWESTERN UNIVERSITY LAW REVIEW 181 (2003)

Smart Growth, New Urbanism, and Diversity: Progressive Planning Movements in America and Their Impact on Poor and Minority Ethnic Populations, 21 UCLA JOURNAL OF ENVIRONMENTAL LAW & POLICY 45 (2002/2003) and in Housing Cultures-Convergence and Diversity, International Research Conference (European Network for Housing Research CD-ROM, 2002)

Planning for Downsizing: A Comparison of the Economic Revitalization Initiatives in American Communities Facing Military Base Closure with the German Experience of Relocating the National Capital from Bonn to Berlin, 33 URBAN LAWYER 119 (2001)

Smart Growth: Urban Growth Management and Land Use Regulation Law in America, 32 URBAN LAWYER 211 (2000)

Social Sustainability: Planning for Growth in Distressed Places – The German Experience in Berlin, Wittenberg and the Ruhr, 3 WASHINGTON UNIVERSITY JOURNAL OF LAW & POLICY 849 (2000)

A Comparative Vision of the Convergence of Ecology Empowerment, and the Quest for a Just Society, 52 UNIVERSITY OF MIAMI LAW REVIEW 931 (1998)

Tobacco Regulation, Litigation, and the Proposed Mega-Settlement: America's Policy of Ethnic Cleansing, 27 SOUTHWESTERN UNIVERSITY LAW REVIEW 673 (1998)

Growth for the Twenty-First Century-Tales from Bavaria and the Vienna Woods: Comparative Images of Urban Planning in Munich, Salzburg, Vienna, and the United States, 29 THE URBAN LAWYER 911 (1997); 6 SOUTHERN CALIFORNIA INTERDISCIPLINARY LAW JOURNAL 89 (1998)

Growth Management and the City, 12 YALE LAW AND POLICY REVIEW 68 (1994)

A Tale of Three Cities: Land Development and Planning for Growth in Stockholm, Berlin and Los Angeles, 25 URBAN LAWYER 197 (1993)

Federal Enforcement and Judicial Review of the Fair Housing Amendments Act of 1988, 3 HOUSING POLICY DEBATE 537 (1992)

Property and Mysticism: The Legality of Exactions as a Condition for Public Development Approval in the Time of the Rehnquist Court, 8 JOURNAL OF LAND USE & ENVIRONMENTAL LAW 53 (1992)

The Fair Housing Amendments Act of 1988: The Second Generation of Fair Housing, 42 VANDERBILT LAW REVIEW 1049 (May 1989)

An Unfinished Agenda: The Federal Fair Housing Enforcement Effort, 6 YALE LAW & POLICY REVIEW 348 (1988), reprinted in THE FAIR HOUSING ACT AFTER TWENTY YEARS (1989)

DMS: The Development Monitoring System is the Latest Technique for Subdivision Review and Growth Management, 11 ZONING AND PLANNING LAW REPORT 33 (1988)

Substantive Equal Protection: The Rehnquist Court and the Fourth Tier of Judicial Review, 53 MISSOURI LAW REVIEW 423 (1988)

Non-Owner Rights in Real Property and Their Impact on Property Taxes, 7 URBAN LAW AND POLICY 333 (1985)

The Reagan Urban Policy: Centrifugal Force in the Empire, 2 UCLA JOURNAL OF ENVIRONMENTAL LAW & POLICY 209 (1982)

Freedom to Hear: The First Amendment, Commercial Speech and Access to Information, 28 WAYNE LAW REVIEW 137 (1981)

Towards the Central Meaning of Religious Liberty: Non-Sunday Sabbatarians and the Sunday Closing Cases Revisited, 35 SOUTHWESTERN LAW JOURNAL 557 (1981)

Urban Transportation Planning, 4 URBAN LAW AND POLICY 161 (1981)

Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Residential Segregation in the United States, 22 HOWARD LAW JOURNAL 547 (1979)

Federal Civil Rights Litigation Relating to Housing and Community Development, FEDERAL CIVIL RIGHTS LITIGATION 153 (Practicing Law Institute, 1977)

Litigation Strategies and Judicial Review Under Title I of the Housing and Community Development Act of 1974, 11 URBAN LAW ANNUAL 37 (1976); reprinted in FEDERAL CIVIL RIGHTS LITIGATION (Practicing Law Institute (1977)

Illusory Promises Revisited: Relocation Planning and Judicial Review, 8 SOUTHWESTERN UNIVERSITY LAW REVIEW 75 (1976) (with Werner)

Revenue Sharing and Relocation: The Administrative Dilemma of Ostensibly Conflicting Congressional Directives, 5 ECOLOGY LAW QUARTERLY 433 (1976) (with Werner)

Community Planning and Development Under the Housing and Community Development Act of 1974, 8 CLEARINGHOUSE REVIEW 661 (1975)

Land Use Litigation and Low-Income Housing: Mandating Regional Fair Share Plans, 9 CLEARINGHOUSE REVIEW 10 (1975), reprinted in 27 LAND USE LAW AND ZONING DIGEST 12 (1975)

Metropolitan Desegregation After Milliken v. Bradley: The Case for Land Use Litigation Strategies, 24 CATHOLIC UNIVERSITY LAW REVIEW 187 (1975) (with Werner)

The Kansas City Housing Allowance Experience: Subsidies for the Real Estate Industry and Palliatives for the Poor, 7 URBAN LAWYER 239 (1975) (with Keating)

Real Estate Finance: The Discount Point System and its Effect on Federal Insured Home Loans, 40 UNIVERSITY OF MISSOURI-KANSAS CITY LAW REVIEW 1 (1971) (with Hood)

Imputed Contributory Negligence in Automobile Cases, 27 MARYLAND LAW REVIEW 387 (1967)

Negotiable Instruments - Right to Stop Payment of a Bank's Personal Money Order Under the Uniform Commercial Code, 27 MARYLAND LAW REVIEW 88 (1967)

Search and Seizure - New Requirements for Consent, 27 MARYLAND LAW REVIEW 809 (1967)

Book Review, BUDAPEST, ISTANBUL & WARSAW: INSTITUTIONAL AND SPATIAL CHANGE, JOURNAL OF HOUSING AND THE BUILT ENVIRONMENT (2005)

Other

SSRN