Kenneth Stahl

Of Counsel
949.688.2980

Ken specializes in land use, zoning, and local government law, including the California Environmental Quality Act, the Housing Accountability Act, the state density bonus law, accessory dwelling units, and many other areas.

Ken specializes in land use, zoning, and local government law, including the California Environmental Quality Act, the Housing Accountability Act, the state density bonus law, accessory dwelling units, and many other areas.

Biography

Kenneth Stahl is Of Counsel in Miller Starr Regalia’s Newport Beach office. He specializes in land use, zoning, and local government law, including the California Environmental Quality Act, the Housing Accountability Act, the state density bonus law, accessory dwelling units, and many other areas. His practice is focused on ensuring that cities comply with state law when making land use decisions. Ken is a Professor of Law and Director of the Environmental, Land Use and Real Estate Law program at Chapman University Fowler School of Law. Prior to joining the faculty at Chapman, Ken was an Assistant United States Attorney in the Eastern District of New York, where he litigated cases involving the federal Superfund statute and other federal laws. Ken also worked for the United States Department of Justice in Washington, D.C., and for the law firm of Arnold & Porter.

Ken is a graduate of the University of Michigan and Yale Law School. He has published many articles on the subjects of land use and local government law in journals including The University of Pennsylvania Law Review, George Washington Law Review, Harvard Civil Rights-Civil Liberties Law Review, and others. His recent book Local Citizenship in a Global Age (Cambridge University Press 2020) chronicles how globalization has caused cities and nation-states to clash over the meaning of citizenship.

Education

J.D., Yale Law School (2000)

B.A., University of Michigan (1997)

Publications

Home Rule and State Preemption of Local Land Use Control, The Urban Lawyer (forthcoming 2020)

Incorporating Transportation Topics into the Land Use Curriculum, Iowa Law Review (forthcoming 2021)

Local Citizenship in a Global Age, (Cambridge University Press 2020)

"Contagion and Partisan Federalism," Duke Center for Firearms Law (May 8, 2020)

"Citizenship Federalism and the Ambiguous Promise of Local Citizenship," Global Governance Programme, Symposium on "Cities v. States: Should Citizenship be Emancipated from Nationality?"

The Trespass/Nuisance Divide and the Law of Easements, 86 THE GEORGE WASHINGTON LAW REVIEW 101 (2018)

"Yes in My Backyard:" Can a New Pro-Housing Movement Overcome the Power of NIMBYs? 41 ZONING & PLANNING LAW REPORT 3 (March 2018)

The Challenge of Inclusion, 89 TEMPLE LAW REVIEW 487 (2017)

Preemption, Home Rule and Local Democracy, 44 FORDHAM URBAN LAW JOURNAL 133 (2017)

Local Home Rule in the Time of Globalization, 2016 BYU LAW REVIEW 177

Local Government, One Person/One Vote, and the Jewish Question, 49 HARVARD CIVIL RIGHTS-CIVIL LIBERTIES LAW REVIEW 1 (2014). Selected for presentation at 2012 Harvard/Yale/Stanford Junior Faculty Forum. 

Mobility and Community in Urban Policy, 46 THE URBAN LAWYER 625 (2014)

Reliance in Land Use Law, 2013 BYU LAW REVIEW 949

Neighborhood Empowerment and the Future of the City, 161 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 939 (2013)

The Suburb as a Legal Concept: The Problem of Organization and the Fate of Municipalities in American Law, 29 CARDOZO L. REV. 1193-1272 (2008).

The Artifice of Local Growth Politics: At-Large Elections, Ballot-Box Zoning, and Judicial Review, 94 MARQUETTE LAW REVIEW 1- 75 (2010)

Bar Admissions

California

Massachusetts (inactive)

New York

Washington, D.C.

Court Admissions

District Court for the District of Columbia

Second Circuit Court of Appeals

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