Author Archives: legallysociable

When Naperville property switches from proposed church to proposed mosque, opposition emerges

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I’ve thought about this scenario before: in an American community, would a proposed church and proposed mosque of roughly the same sizes and impact on the neighborhood encounter the same amount of opposition from neighbors and community members? Here is a case in Naperville that fits this scenario:

For years, HOPE United Church of Christ advertised on its front lawn plans to build a church on 14 acres it owned just southwest of Naperville, and the minister there says he never heard so much as a peep of displeasure.

But those plans fell through, and now that the church wants to sell the property to another religious group, protests have erupted at the Naperville Planning and Zoning Commission. Handmade signs critical of the deal have sprouted on utility poles…

In DuPage County, the Islamic Center is asking Naperville’s Planning and Zoning Commission to recommend annexing the unincorporated Will County land into Naperville. The city surrounds the parcel, and desirable Naperville subdivisions — Tall Grass and Pencross Knoll — are on three sides of the property.

The Islamic Center says it wants to hold gatherings on the property and use the home located there as an office — just as HOPE United has done in the past.

None of the people who publicly addressed the commission about the center’s proposal at Wednesday night’s meeting specifically objected to a mosque.

But more than a dozen said they opposed the annexation and long-term plan to place a religious center on the site.

Fascinating. The complaints from neighbors sound like a lot of typical NIMBY complaints: concerns about traffic, safety due to more kids being in the neighborhood, whether the mosque will be used late at night or at odd times, and the implicit idea that property values might be negatively influenced by this construction.

At the same time, it seems like there is more going on here. One resident would really rather have a trailer park? In Naperville? So a mosque is more problematic than a trailer park? And there are signs being put up to oppose the mosque? This sounds unusual – but also hints at the real reasons mosques are opposed by suburban residents.

I’ll keep watching the situation.

(I’ve been keeping track of several other mosque proposals in the Chicago region. Here are several posts on a proposed mosque in unincorporated Lombard: 9/13/11, 6/29/11, and 1/28/11. In the Lombard case, it appeared the neighborhood was much more welcoming. One survey suggests Americans would be open to a large Buddhist temple nearby but I would guess this question has some social desirability bias and opinions would change if the proposed temple was right near the respondent’s home.)

Considering Steve Jobs and the role of cultural context in innovation

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David Brooks explores the “innovation stagnation thesis” and one of the ideas of this argument is that cultural context matters for innovation:

Third, there is no essential culture clash. Look at the Steve Jobs obituaries. Over the course of his life, he combined three asynchronous idea spaces — the counterculture of the 1960s, the culture of early computer geeks and the culture of corporate America. There was LSD, “The Whole Earth Catalogue” and spiritual exploration in India. There were also nerdy hours devoted to trying to build a box to make free phone calls.

The merger of these three idea networks set off a cascade of innovations, producing not only new products and management styles but also a new ideal personality — the corporate honcho in jeans and the long-sleeve black T-shirt. Formerly marginal people came together, competed fiercely and tried to resolve their own uncomfortable relationships with society.

The roots of great innovation are never just in the technology itself. They are always in the wider historical context. They require new ways of seeing. As Einstein put it, “The significant problems we face cannot be solved at the same level of thinking we were at when we created them.”

If you want to be the next Steve Jobs and end the innovation stagnation, maybe you should start in hip-hop.

So what exactly is Brooks saying? People who want to be innovators need to embrace or immerse themselves into diverse cultural systems so that they can then synthesize different ideas in new ways? Or is it that innovators like Jobs are only possible in certain cultural contexts and our current cultural context simply doesn’t push people into these different ideas or doesn’t promote this?

Sociologists of culture would have something to say about this. While Jobs clearly had unique individual skills, the production approach would emphasize how his combination of cultural contexts was made possible. He came of age in an era when individuals were encouraged to seek out new ideas and learn how to express themselves. He started a computer company in a field that didn’t have many dominant players and two guys working in a garage could create one of the world’s most enduring brands. He was alive in an era when information technology was a hot area and perhaps ranked higher in people’s interests that things like space exploration and medical cures. (One way to think about this is to wonder if Jobs could have been successful in other fields. Were his skills and context translatable into other fields? Could Jobs have helped find a cure for cancer rather than create personal computing devices? Should he have tackled their other fields – what is the opportunity cost to the world of his choice?) He had the education and training (though no college degree) that helped him to be successful.

In the end, we could ask how as a culture or a society we could encourage more people to become innovators. Is studying hip-hop really the answer? What kind of innovation do we want most in our society – scientific progress or self-expression or dealing with social problems or something else? When we talk about pushing math and science in schools, what innovations do we want our students to produce?

Copyrighting time

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David Kravets at Wired reports on a copyright lawsuit that seems to attempt to enforce a copyright over data about time itself:

The publisher of a database chronicling historical time-zone data [Astrolabe] is claiming copyright ownership of those facts, and is suing two researchers for re-purposing it in a free-to-use database relied on by millions of computers….The researchers’ publicly available database was being hosted on a server at the Maryland-based National Institutes of Health, which apparently has removed the data at the request of Massachusetts-based publishing house, Astrolabe. The publisher markets its programs to astrology buffs “seeking to determine the historical time at any given time in any particular location, world-wide,” and claims ownership to the data in its “AC International Atlas” and “ACS American Atlas” software programs.

Wired posted a copy of Astrolabe’s complaint.  Digging into it a bit, here are the main facts alleged:

9. Defendant [researcher Arthur] Olson’s unauthorized reproduction of the Works have been published at ftp://elsie.nci.nih.gov/tzarchive.qz, where the references to historic international time zone data is replete with references to the fact that the source for this information is, indeed, the ACS Atlas [emphasis added].
10. In connection with his unlawful publication of some and/or any portion of the Works, defendant Olson has wrongly and unlawfully asserted that this information and/or data is “in the public domain,” in violation of the protections afforded by the federal copyright laws.
[11. and 12. The same as 9 and 10, except naming second defendant Paul R. Eggert.]

In other words, based on this complaint, it seems that the researchers simply took facts (e.g., “in 1900, Greenwich Mean Time +3 was defined as the longitude running from…”) and incorporated them into their own database.

If this is true, Astrolabe, as Wired points out,

faces the tough challenge of overcoming a 1991 Supreme Court decision [Feist v. Rural Telephone Service Co.], concerning a company that harvested listings from a phone company’s telephone book and re-published them. The court ruled that “copyright does not extend to facts contained in [a] compilation.”

Unfortunately, I’m guessing that Astrolabe filed this lawsuit simply to scare Olson and Eggert into a quick settlement well before a judge rule on the merits of their claim to use this data under established copyright law.  In part, my surmise is based on the counsel Astrolabe retained.  Their complaint is signed by Julie C. Maloney, an attorney who appears to be a solo practitioner based out of a small town in Cape Cod in Massachusetts.  Although she doesn’t have a law firm website, a bit of Internet searching appears to confirm that land use/zoning rather than intellectual property is her legal specialty.

While I don’t know Ms. Maloney or her professional reputation and am sure she is a capable advocate, these facts don’t suggest that Astrolabe is seeking a discussion on the legal merits of copyright law.  On the contrary, Astrolabe appears (1) primarily concerned with saving money by going with a solo practitioner rather than a bigger law firm, (2) incapable of finding a copyright-specializing attorney willing to take their (weak) case, or (3) both.

Quick legal-related links

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EFF:  “Courts Call Out Copyright Trolls’ Coercive Business Model, Threaten Sanctions.”  Apparently discovery (in the legal sense of the term) isn’t what it used to be…

Ars Technica:  “Supreme Court weighs legality of putting public domain works back under copyright.”  Golan v. Holder is shaping up to be one of the biggest copyright decisions by the Supreme Court in years.  The briefs are available at SCOTUSblog.

WSJ @ Truth on the Market –> “Litigation funding grows.”  Hedge funds enter the world of litigation…as an investment opportunity.

The Wall Street Journal on turning McMansions into affordable housing

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Others have already suggested this idea but the Wall Street Journal reports on another call for turning McMansions into affordable housing:

McMansions, a type of home became popular with affluent boomers during better times, have fallen out of favor as more consumers seek smaller, more affordable homes that cost less to operate. They also want to trim the gas tab by living closer to their jobs and public transportation – the opposite of McMansion developments deep in suburbia filled with gas-guzzling SUVs. (There’s no precise definition of a McMansion, but it’s often a case of you know it when you see it.)

Such changes in taste — and, of course, the foreclosure crisis — has left America saddled with about 30 million more homes on large lots than the market needs, The Atlantic Cities writes. But rather than let them languish on the market indefinitely, Mr. Nelson suggests converting these excess homes into affordable housing or housing for multi-generational or multi-family households. (Developments called Mr. Nelson for comment, but he was not available.)

Such homes, he points out, can have more bathrooms than bedrooms, allowing for residential space that could be divided into private units, with a common kitchen and living room. Some already have or could be outfitted with second or third kitchens. Plus, there’s plenty of room for several cars and, usually, enough of a backyard for a swing set or two.

“When you add up the spaces and how they’re distributed, the typical McMansion can be occupied by three-to-five households with their own splendid privacy, their own large space,” Mr. Nelson is quoted as saying.

Just because there may be these larger housing units available does not mean that it would be easy to make them into affordable units and/or rentals. Here are some obstacles:

1. Whoever owns these houses would have to agree to this. Would the owners want this or is this an idea from critics who don’t like these homes that want this to happen? If the homes are in foreclosure, do the banks want to jettison them quickly and do the new buyers want to convert them into more units?

2. One can’t go into many neighborhoods where McMansions are located and simply subdivide the houses into five or six units. This would require zoning changes or special exemptions from a community. If the neighbors found out about this, I imagine many would not be happy. How many would want several houses in a large neighborhood to start being effectively apartments/condos? There would be questions about traffic, safety, and perhaps under the surface, who exactly would be moving into these affordable housing units.

3. The locations of many of these homes could still lead to affordability issues. If the McMansions are in exurbs, it would require a lot of driving to get to jobs, schools, and other places. The houses may be more affordable but the other costs of sprawl would still show up.

These are not insurmountable issues but it is not necessarily an easy or quick path from McMansion to source of affordable housing.

Are the suburbs truly American?

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The suburbs are a key part of American life: a majority of Americans live in them and they are part of the American Dream. So can we really ask whether they are truly American?

In his review of American Horror Story, which premieres tonight on FX, Slate’s TV critic Troy Patterson writes that the show’s “title carries more weight than its content can bear.” He then quotes a book review by Joyce Carol Oates of Curtis Sittenfeld’s American Wife:

Is there a distinctly American experience? The American, by Henry James; An American Tragedy, by Theodore Dreiser; The Quiet American, by Graham Greene; The Ugly American, by William Lederer and Eugene Burdick; Philip Roth’s American Pastoral; and Bret Easton Ellis’ American Psycho—each suggests, in its very title, a mythic dimension in which fictitious characters are intended to represent national types or predilections…. ‘American’ is an identity fraught with ambiguity, as in those allegorical parables by Hawthorne in which ‘good’ and ‘evil’ are mysteriously conjoined.

But wait: Are only Americans “fraught with ambiguity”? Oates lets these titles—and, especially, the many, many lesser books she might have mentioned—off the hook too easily. Too many books—and movies, and now TV shows—use the word “American” in their titles as a cheap shortcut to gravitas and sociological importance…

Besides bullying us with their national import, these titles often reinforce the fairly exaggerated ideas we tend to have about the uniqueness of this country. There are many things particular to and remarkable about the United States, but let’s not get carried away. Capitalism is not uniquely American (sorry, American Psycho). Suburbs are not uniquely American (sorry, American Beauty—the movie, I mean; and yes, plastic bags float in the wind in other countries, too).

This seems related to American exceptionalism: we like to think we have done everything in the best way. Perhaps we have the best capitalistic system. (A lot of people might argue with this these days.) But to pick on the suburbs here seems misguided: are there really other countries in the world that can match the American suburbs? A few countries have suburbs like ours such as Australia and Canada. Most other developed nations have limited suburban developments and sometimes they are the inverse of American suburbs where the wealthier live closer to the center of the cities and the poor live more on the edges. But Australia and Canada have relatively few people compared to the United States and I’m not sure they have the same suburban culture that pervades their national identity.

Perhaps we are particularly jingoistic in our naming but the American suburbs do seem to be uniquely American.

Audit study shows “employers less likely to interview openly gay men for job openings”

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Audit studies have been used for decades to show discrimination by race and sex. In these studies, two otherwise equal candidates are separated by one feature, perhaps race, perhaps first name, perhaps gender. Then the researcher looks at the differing response rates from mortgage companies or landlords or businesses. For example, see this notable 2003 study that showed that whites with a criminal record had better job prospects than blacks with no criminal records. This mode of analysis was recently utilized in an article in the latest issue of the American Journal of Sociology to show differing response rates for gay men looking for a job versus those applicants who were not openly gay:

The study, which is the largest of its kind to look at job discrimination against gay men, found that employers in the South and Midwest were much less likely to offer an interview if an applicant’s resume indicates that he is openly gay. Overall, the study found that gay applicants were 40 percent less likely to be granted an interview than their heterosexual counterparts…

For the study, Tilcsik sent two fictitious but realistic resumes to more than 1,700 entry-level, white collar job openings — positions such as managers, business and financial analysts, sales representatives, customer service representatives, and administrative assistants. The two resumes were very similar in terms of the applicant’s qualifications, but one resume for each opening mentioned that the applicant had been part of a gay organization in college.

“I chose an experience in a gay community organization that could not be easily dismissed as irrelevant to a job application,” Tilcsik writes. “Thus, instead of being just a member of a gay or lesbian campus organization, the applicant served as the elected treasurer for several semesters, managing the organization’s financial operations.”

The second resume Tilcsik sent listed experience in the “Progressive and Socialist Alliance” in place of the gay organization. Since employers are likely to associate both groups with left-leaning political views, Tilcsik could separate any “gay penalty” from the effects of political discrimination.

The results showed that applicants without the gay signal had an 11.5 percent chance of being called for an interview. However, gay applicants had only a 7.2 percent chance. That difference amounts to a 40 percent higher chance of the heterosexual applicant getting a call.

Has this methodology not been used before when looking at discrimination against gays? If not, I’m a little surprised.

The methodology of the audit study is interesting: it essentially is an experiment where one detail between the resumes or applications is changed to isolate its effect. In this study, the detail is what college organization the applicant worked for. It was clever to differentiate between these two particular organizations in order to rule out a political effect.

I assume the next step would be to expand this study to more states/locations and to more job categories beyond “entry-level, white collar job openings”? How much would the results differ if the study involved more blue collar jobs or managerial, white collar jobs?

When I’ve told students about audit studies, several have raised issues of deception: aren’t these fake applicants? Yes, but the harm to the companies is minimal outside of some time spent looking at them. (However, from what I have read about how much time hiring people look at the hundreds of job applications they see for these types of positions, looking at one or more applications wouldn’t seem to matter.) I do wonder if hiring people have ever spotted these applications from researchers – or the pool of applications is simply so broad that they see all sorts of interesting things.

Are the suburbs a Ponzi scheme?

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While Republican presidential contender Rick Perry drew a lot of attention by saying Social Security is a Ponzi scheme, how about viewing suburbs as a Ponzi scheme?

Indeed, my friend Charles Marohn and his colleagues at the Minnesota-based nonprofit Strong Towns have made a very compelling case that suburban sprawl is basically a Ponzi scheme, in which municipalities expand infrastructure hoping to attract new taxpayers that can pay off the mounting costs associated with the last infrastructure expansion, over and over. Especially as maintenance costs increase, there is never enough to pay the bill, because we are building in such expensive, inefficient ways.

This week, Strong Towns has released a substantial new report analyzing data and arguing that we must change our development approach if we wish to end the current economic crisis. In particular, we must emphasize obtaining a higher rate of financial return from existing infrastructure investments, focusing on traditional neighborhoods where large public investments in infrastructure are currently being underutilized…

In particular, in the report and an accompanying press release, Strong Towns calls on local officials to change course and shed the “dead ideas” of the suburban era, including these:

That local governments can grow without considering the public’s return on investment. Being blind to the financial productivity of our places has led to inefficient use of public infrastructure investments and allowed local governments to assume overwhelming, long-term financial obligations for maintaining infrastructure.
That local budget problems can be solved by creating more growth. More growth in the same unproductive pattern will only increase our economic problems. What is needed is an approach that improves our use of existing infrastructure investments.
That attracting a large employer is the key to local economic prosperity. In an age of globalization, this strategy may provide short-term gains for some local governments, but it is ultimately a race to the financial bottom.
That property owners can develop their property as they see fit while at the same time obligating the public to maintain the new infrastructure. This type of indirect subsidy creates enormous long-term financial obligations for taxpayers, increasing local taxes and reducing local competitiveness.

This is not an unusual argument made by those opposed to sprawl: sprawl is paid for by continuous growth. For example, a growing suburb can finance the services needed for new developments in part by the fees paid by developers constructing new developments. When that new development stops, either because of an economic crisis or because the community has run out of land (reaching build-out) or the community is not attracting development, the cash flow associated with new development stops. Then, local communities are confronted with static or shrinking budgets and the rising costs associated with aging infrastructure. In the end, someone is going to have to pay for this relatively cheap living.

By calling the suburbs a Ponzi scheme, the implication is that it will all implode at some point. I’m not sure about that; people have been arguing this for years (gas will become too expensive, there won’t be enough land, home prices will get out of reach, etc.) and it hasn’t happened yet. Since the suburbs have been partly subsidized by the federal government from the start, there are other sources of money beyond local municipalities (though an economic crisis shrinks everyone’s ability to pay). It would be interesting to see what happens if all state and federal money dries up for suburban interests – then what happens to the necessary infrastructure such as Federal interstates? We haven’t seen true contraction of cities or metropolitan regions just yet though it may be coming in harder hit areas like Detroit, Cleveland, and Youngstown.

However, the need for better longer-term planning is needed in many suburbs. If the era of growth is over or at least has slowed, then suburbs need to look at how this will affect development within their boundaries and their budgets. Assuming that there will always be positive growth is foolish even though there is not much room in the American cultural ideal of the suburbs to admit that they won’t simply keep growing and growing as more and more Americans express their innate desires for the suburban single-family home. Planning for a different, more limited suburban future is not exactly the same as planning for a doomed suburban future.

Tysons Corner: is the protoypical edge city evolving into a “real city”?

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One commentator argues that Tysons Corner, the prototypical edge city located west of Washington D.C., is changing into a “real city”:

The expansion of Metro through Tysons Corner to Dulles airport on a new Silver Line will be key to making Tysons much more accessible to DC residents. Currently there is no real downtown and few pedestrians. In a cover story for the Washington Post Sunday business section, staff writer Jonathan O’Connell detailed how Tysons is changing…

Almost under the public radar, Tysons has quietly become a major destination for corporate offices and has 26.7 million square feet of office space, which is why tens of thousands of people drive into Tysons every morning for work. Five Fortune 500 companies have headquarters there.

One major question facing developers and urban planners is how to properly create walkable streets out of what currently exists in Tysons…

Visiting Tysons this spring was for me an odd experience as I felt the place didn’t have much character and seemed rather sterile. As I headed from one mall to the next, I was one of the few people walking along the highway as a never-ending stream of cars whizzed by. If all goes well, hopefully in a few years, Tysons will be more inviting to visitors looking to wander around a new downtown.

So sidewalks will transform this into a real city? I wonder if there is a lot more that would be needed included more housing spread out between the shopping centers and corporate offices. Sidewalks may help in the creation of a downtown but without many mixed-use developments, people will still have to drive from home to these places.

Additionally, simply adding places for pedestrians to walk doesn’t necessarily mean that it would be pedestrian-friendly – the commentator suggests the sidewalks now are sterile and located along highways. As the post suggests, there needs to be a shift toward a “walkable community,” a New Urbanist principle where shops, restaurants, and housing would line these streets and sidewalks so that there becomes a streetscape rather than simply a sidewalk. Plus, “authenticity” doesn’t simply come from a pleasant streetscape – you can find these at “lifestyle centers.” It requires a dedicated population of people, a shared history, and a municipal character that can pull these pieces of infrastructure into a cohesive community.

How much demand is there for such changes in Tysons Corner? On one hand, I could see envision that if things are going well (business is thriving, people are moving in, etc.), most people would say why both messing with the formula. On the other hand, if the shiny facade of the community is showing some cracks, changes might be desirable.

This highlights one issue I have with suburban types like edge cities: the suburbs themselves don’t necessarily stay within one category. Does Garreau’s criteria allow for a walkable edge city or would a transformed Tysons Corner have to be slotted into a different category?

A world where people can travel between any two cities in two hours

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Basic modes of transportation have not changed much in the last half-century. Sure, planes are bigger, cars are more fuel efficient and have more features/gadgets, and trains can go faster. But harnessing space travel could make it possible to move between any two cities in the world in two hours:

Michiel Mol, 42, a Dutchman who co-owns the Force India Formula One team and made his fortune in computer software, said over the weekend, “Being able to travel from London to Sydney in an hour and 45 minutes, that is the future. It is also the reason why KLM joined our firm [Space Expedition Curacao, or SXC] as a partner.”…

Mol intends to follow [Sir Richard Branson] in early 2014 and says he has already sold 35 tickets at $93,000 for flights from the Caribbean island of Curacao. Regulatory approval is still under negotiation…
Passengers, who will be entitled to call themselves astronauts if they reach an altitude of 62 miles (100km), will be required to pass physical tests which he says are no more stringent than would be expected of an air steward. The first generation spaceship will travel at 2,200mph (3,540kph), but the second generation will need to reach a velocity of 13,750mph (22,100kph) to achieve the desired orbit…
“Flying from London to Barcelona would still take an hour or so while London to Tokyo would be about one hour and 30 minutes and London to Sydney, one hour and 45 minutes. “

This sounds like something different than just space tourism where wealthy people take off, float weightless for a short while, snap some pictures of the earth while in a quick orbit, and then descend. This could be the basis for a new transportation system that makes traveling from New York to China just like a drive from Chicago to Milwaukee. It would take some time to set up a viable system, to put the infrastructure together, but this would be a big step forward from the Dreamliner and high-speed rail.

Is this the physical answer to the “instant” connectedness of the Internet? Currently, it still takes a decent amount of time to travel between major cities but it is still valuable for business, politics, and deeper relationships.

Beyond space commuting, what could be quicker? A mass-produced flying car? Teleporting?