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Opinions and Editorials

Read what newspapers, experts and transit advocates are saying about the critics. We have received permission to reprint the expanded articles below, for the rest, we have provided you links in the table below:

 

April 20, 2005, Governing Magazine

Author and public policy analyst Otis White offers his rebuttal of the "Lexus" argument that critics of public transportation often use. White points out that the critics conveniently omit external costs not borne by the driver of the hypothetical "Lexus":

OK, Then, How About a Yugo for Everybody?
Doing the Math on Public Transit
Otis White

You've probably heard someone say, in a debate over rail transit, that these systems are so expensive and poorly patronized, it'd be cheaper to give every passenger a free car instead. Humorist P.J. O'Rourke made that claim recently in a Wall Street Journal column. O'Rourke's target: Minneapolis' new $700 million light-rail line, which he said was so extravagant, the city "could have leased a BMW X-5 SUV for [every] commuter at about the same price."

But is that right? One reader ran the numbers.

Saying that he recognized O'Rourke was trying to be funny, Janek Kozlowski suggested taking O'Rourke's offer at face value. Would taxpayers have been better served by giving every one of Minneapolis' 15,500 transit riders a BMW SUV? Well, said Kozlowski, leases for that many BMWs would cost $44 million a year, with leasers paying another $2,800 a year in gas, maintenance and so on. But, of course, that gets you only a car in the driveway.

To get to work, Kozlowski said, the displaced commuters would have to drive on a highway. Highways cost about $20.6 million per mile to build, with interchanges averaging $100 million apiece. To replace the Minneapolis rail line, then, figure 12 miles of new freeway and two interchanges, which comes out to $440 million, not including annual maintenance, he said. But that's not all.

The commuters need a place to park their Bimmers when they get to work. If all 15,500 could park on cheap surface lots, the lots would cost someone (businesses, the city) another $31 million to build. That's bad, but worse is the impact on the city treasury, since parking lots generate a fraction of the tax revenues of a commercial building ($3 a year per square foot vs., conservatively, $50 for office space). Results of turning over nearly 2 million square feet of downtown land to surface parking: The city would lose $91 million a year in revenues.

So how do the two options compare when all the costs are taken into consideration? Assume that the BMWs, freeway and parking lots would last 50 years each (as rail lines do, on average). Assume, too, that you could amortize their capital costs over that period. Then add in the operating costs for the BMWs and maintenance for the freeway and parking lots (and keep in mind that fares provide nearly $10 million of the $13 million it costs to run Minneapolis' rail line each year). Finally figure everything at present-day costs (not including inflation).

Ka-ching: Transit costs taxpayers a little more than $17 million a year. And what about the Bimmers, highway and parking lots? "Taxpayers would have to dish out $166 million per year," Kozlowski concluded.

Originally published in Governing Magazine, April 8, 2005
Reprinted with permission

July 16, 2004, Daily Breeze, Torrance, California

Guest Column: Debunking the Myths Surrounding the Rail Systems

By Frank Lyle Bettger

Mass transit opponents have a habit of bandying about spurious information about public transportation, including buses and light- and heavy-rail systems.

Truth demands that these myths be exposed.

Myth No. 1: Users of the Metropolitan Transportation Authority's Red Line subway (heavy rail) and Blue Line (light rail) system are mostly former bus riders. Therefore, mass transit's ability to reduce freeway congestion is minimal.

Fact: A recent MTA survey disclosed that 55 percent are current car users. They drive to various Red Line stations for their daily commute. The survey also showed that 37 percent of the agency's Blue Line commuters own cars and that they choose to drive to stations daily to board the light-rail system.

Myth No. 2: Riding the MTA's light- and heavy-rail systems is dangerous, due to a large number of train accidents involving motorists and or pedestrians.

Fact: Commuting by the MTA's light- and heavy-rail systems is far safer than driving. In fiscal year 2002, there were just 0.08 accidents for every 100,000 miles traveled by Red Line trains. During the same period, there were just 0.93 light-rail accidents on the Blue Line for every 100,000 miles traveled.

Myth No. 3: Motorists are safer using Los Angeles County roads and freeways than using mass transit.

Fact: Bad driving caused 3,550 deaths and 440,000 injuries in Los Angeles County during the past five years.

Myth No. 4: MTA commuters are unhappy with the Blue Line and Red Line's on-time performance, complaining about how long it takes to reach their destinations.

Fact: Quite the contrary, in a recent survey Red Line subway commuters gave the heavy-rail system a 99.6 percent approval rating for on-time performance, while Blue Line riders give a similar thumbs-up for that line's on-time performance.

Myth No. 5: If you build either a light-rail or heavy-rail system, hardly anyone will use it.

Fact: Wrong again! When the Los Angeles County Transportation Commission (or LACTC, the MTA's predecessor agency) opened the Blue Line from downtown Los Angeles to downtown Long Beach, with two-car trains, there were 19,600 average weekday boardings in August 1990.

The 22-mile Blue Line became so popular with light-rail commuters that the MTA extended station platforms, and introduced three-car trains at selected peak hours. As of May, there were 68,825 average weekday boardings.

The Red Line subway's patronage has increased over time. In January 1993, a 4.4 mile segment was opened from Union Station (downtown Los Angeles) to MacArthur Park. There were 13,150 average weekday boardings in March 1993 on the MTA's four-car trains.

When another segment was opened in 1996, running 2.1 miles under Wilshire Boulevard to Western Avenue, 31,525 average weekday boardings were recorded. Similar increases occurred when the 4.6 mile extension opened to Hollywood Boulevard and Vine Avenue in June 1999, with 59,000 average weekday boardings on the Red Line for July 1999 and 119,150 average weekday boardings for July 2000, when the Red Line was extended to North Hollywood.

Myth No. 6: The federal tax on gasoline accounts for 100 percent of the total federal funding for mass transit. This shortchanges highway users.

Fact: The fuel tax is the largest source of federal funding for mass transportation, accounting for 80 percent of the total federal funds spent. The remaining 20 percent comes from general federal funds, which are an important source of mass transit funding at both the state and local levels.

Myth No. 7: The majority of the MTA's funding does not come from local sources, such as county Propositions A and C, which raised the local sales tax.

Fact: Propositions A and C provide the MTA with the majority of its funding. Proposition A, approved by voters in 1980, is a one-half of 1 percent tax on most retail sales in Los Angeles County, while the Proposition C sales tax, approved by voters in 1990, is an extra one-half of 1 percent tax on retail sales. Proposition A designates 35 percent of its funds for rail development and 40 percent for discretionary purposes, including the 16 municipal bus operators in L.A. County.

Proposition C funds support construction and operation of bus and rail transit systems countywide; expansion of bus and train security; Metrolink operations; construction of transit centers and park-and-ride lots; and mass-transit-related improvements to freeways and state highways.

Myth No. 8: Operating buses is cheaper than rail.

Fact: It's far more cost-effective to operate a rail system. You need only one light- or heavy-rail operator per train. Each bus requires an individual driver. The 40-seat buses cost $330,000. This does not include $200,000 added on to each bus to pay for the driver's annual wages, service and repair, and insurance.

O n the other hand, each light-rail vehicle costs $3 million and has 76 seats, with standing room for 157 riders.

The MTA's heavy-rail vehicles purchased in 1990 can seat 59, with standing room for 169 riders. Each Blue Line train has three cars at selected peak hours. Most Red Line subway trains consist of six cars.

The MTA operates two-car trains daily on its Green Line (running from Norwalk to El Segundo), with its Gold Line (connecting downtown Los Angeles and Pasadena) consisting of two-car trains running until 8 p.m. daily.

Bottom line: No matter how you do the math, the public is getting more bang for its buck riding the rails.

Frank Lyle Bettger, a West Los Angeles resident, has been a light- and heavy-rail advocate since 1966.

Jul 21, 2003, Planetizen

Building A More Integrated Transportation Network - Building an integrated transportation system in the United States would be a real economic stimulus and increase mobility and security.

By Hank Dittmar


Since the 9-11 tragedy, United, National and US Airways have all declared bankruptcy, and the other majors are frantically scrambling to find a new business model through cutting service, using smaller aircraft, and revising their route structures. As we talk about reviving the ailing economy through tax cuts, one of the underpinnings of the economic productivity boom of the last forty years has become destabilized.

The impact in terms of accessibility is profound. Many cities lost between a quarter and half of all flights in the last year, with more cuts on the horizon. Reduced schedules at big cities led to longer waits at hub airports. The airports, which are also economic generators for their metropolitan areas, are in danger of default themselves, as bankrupt airlines renege on lease agreements and ask Congress to cut the fees and taxes that support airport construction and security.

The attack on Iraq has exacerbated the situation, leading to heightened concern about security, and causing many pleasure travelers to cancel trips while business travelers teleconference instead. It looks like our short war has led to a long period of instability, with the travel and tourism industry being the next domino to fall. Hotel vacancies are approaching 25 percent, and a study last fall by the United States Conference of Mayors and Travel Business Roundtable reported $30 billion in losses to metropolitan economies in 2001 and 2002 from reduced travel and tourism.

Now, however, the very viability of the transportation system is threatened. The failure of the network-based airlines is cutting small and medium-sized cities out of the loop and diminishing the overall strength of the network. The Interstate Highway System is at capacity and failing in its role as a long-distance travel system connecting major metropolitan areas. The rail network is shrinking as well, as the railroads defer investments to only those needed to carry high-value cargo. This threatens overall economic productivity, as advances in transportation have been key to such innovations as just in time manufacturing and advanced logistics.

The root of the problem is that our transportation system was never designed as an integrated air-rail-highway system where one mode could provide service should another fail. Air-rail connections have long been a compelling feature of travel in Europe and Japan but exist at only a few airports in the U.S., and the lack of freight-transfer facilities have long been the Achilles heel of the just-in-time manufacturing system.

We have learned the value of redundancy in networks time after time, with recent examples being Amtrak's role in the Northeast Corridor after post September 11 shut down of our aviation system. Sadly, convenient options are available only in the Boston-Washington Corridor and in a few corridors on the West Coast.

Simply returning to the days of regulation and propping up the airlines by subsidizing air service isn't the solution. Nor is a dramatic increase in taxes to add new highway lanes the answer.

Instead we need to unlock the hidden capacity in our transportation networks to trigger the next wave of productivity improvements. We need careful balancing of further deregulation and targeted infrastructure investment, not elimination of user fees that pay for vital transportation facilities and needed airport security.

We need to view airports as "travel ports", where one can access air service for longer distance flights and high-speed commuter and intercity rail and bus service for shorter trips. We can do the same thing with freight by eliminating key chokepoints that prevent the use of rail freight for higher value time-sensitive cargo, and that obstruct travel and transfer within metropolitan areas.

Regulatory barriers that prevent states from investing in integrated facilities must be eliminated, as must anti-trust barriers that inhibit airlines, bus systems and railroads from partnering to provide service. We also need to create an integrated trust fund to bring intercity rail and bus into airports, to create integrated freight transfer facilities, and to improve rail infrastructure.

This means replacing the Essential Air Service program -- which props up failing airline routes -- and the annual Amtrak appropriation fight with an Essential Transportation Service program. This would provide smaller communities with reliable transportation services – bus, rail or air -- without regard to the mode of travel. Many of Amtrak's long distance routes are primarily justified for national connectivity and not by high demand, just like essential air service. Let's eliminate the policy muddle.

Lastly, we need to create a stable source of funding for intercity rail service, primarily in the 100-to-400-mile market that is being abandoned by the airlines. Amtrak should cease being primarily a long distance operator, and should instead become primarily a short and medium distance carrier, networked with air for the longer trips at major hubs and with intercity bus for less dense corridors.

The legacy of 9/11 and the subsequent security regime need not be the collapse of the airline and tourism industries. The solution is an integrated transportation network serviced by robust partnerships between the air, rail, bus and highway providers. Rather, prompt action by President Bush and Congress can put in place a transportation network that will support a postwar economic boom.

Hank Dittmar is Co-Director of Reconnecting America, a nongovernmental effort to create a more interconnected and economically viable national transportation system. He is also Chair of the Congress for the New Urbanism.

June 17, 2003, Planetizen

Making TODs Work: Lessons from Portland's Orenco Station - A project manager gives a real-world account of the successes and failures of one of the nation's most closely watched new transit-oriented communities, and its role in the regional growth management strategy.

By Michael Mehaffy

The planning practices of few jurisdictions are as closely studied – or as hotly debated – as those of Portland, Oregon. The region's innovative growth management system and transit-oriented development efforts are hailed by some as near-perfect national models for livable growth, and bashed by others as clumsy infringements of property rights and free enterprise, reflecting only the unworkable utopian dreams of planners.

A growing body of evidence suggests the truth may lie somewhere between these extremes. Some things are indeed working in Portland, and ought to be studied as models – or at any rate clues for how to make things work better elsewhere. Other things are not working, and ought to serve as cautionary tales.

A key strategy of the Portland regional approach has been to rezone land adjacent to light rail stations to create new mixed-use, transit-oriented development. In several prominent cases, the station areas have been designated as mixed-use town centers, following the New Urbanist program of well-connected, pedestrian-friendly streets and a diverse mix of housing, retail and civic uses.

Orenco Station has emerged as perhaps the most prominent laboratory in that regional experiment, in part because it offers a real-world test of a great many specific aspects of that program. In Orenco Station there is a pedestrian axis to the light rail station, around which a grid of alley-loaded "skinny streets" extends; a walkable town center of mixed-use shops, services and residential; "liner" buildings with limited on-street parking and lots tucked behind; a range of housing types and prices, from $79,000 to over $500,000, as well as rental units; pedestrian-friendly street design and scale; "granny flats" and live/work units; loft units above retail; and of course, much higher density than is typical for the American suburbs, up to 25 units to the acre.

Skeptics suggested that PacTrust -- the pension fund partnership and master developer for whom I served as project manager -- was unwise to cooperate in creating this kind of development. After all, there were no real precedents even for attached product in that suburban market, let alone the kinds of radical densities and other features proposed. But while the company was certainly wary of the dangers, research also suggested an unmet appetite in the market for this kind of community, one that has since been borne out.

In addition, a number of steps were taken to mitigate risk, including early sale of some parcels to co-developers. Most significant, the company made it a condition that it would be given the flexibility to follow the market and protect its interests as needed; with that important limitation, it would commit to implementing the regional policy goals. This meant the company would become a full participant in writing the new zoning and working out the vision of the community, based on extensive market research, study of precedents, private-sector expertise and entrepreneurial vision.

This relationship of trust and pragmatic collaboration with public entities was perhaps the most critical element in the decision to move ahead, and to pursue all the ambitious features that were later realized. It may also have been the most critical element in the ultimate success of the project, as it set the stage for the detailed problem-solving with jurisdiction staff that is critical in such a complex project.

In spite of the early skepticism, it is increasingly clear that the community is an encouraging success. Initial sales and subsequent appreciation have been strong, and town center retail occupancies are at 99% in spite of the slump.

Moreover, a sociology study (Podobnik, 2002) has shown very high levels of resident satisfaction with the community, very high "social cohesion", and relatively high transit and alternate mode transportation habits (a 22% modal split versus about 6% regionally). Many of those automobile trips are also "captured" within the community, reducing overall travel. Considering the suburban setting, this achievement should not be underestimated.

But it is important to note that many features of the plan deviated substantially from planners' original prescriptive intentions. Most significant, the automobile -- still the choice of most suburbanites for most trips – has been realistically accommodated, though in ways that better mitigate its negative effects on livability.

Other aspects of the community show room for improvement. The natural character of the place has not fully developed, leaving a somewhat unreal quality, in part because of some unbuilt parcels now owned by other entities, and in part because of top-down design and production methods to achieve economies of scale and control. Both economic and ethnic diversity, though unusually broad for the American suburbs, are nowhere near true urban levels.

The live/work townhomes, while successful enough to prompt a second phase, were not the successes expected, in part because the workspace was too small to be effective, and the split-level design complicated ADA access.

Perhaps most importantly, the team did not have control – or, in one notable case, sold off control -- of key parcels of land surrounding the station. It was also an unhappy fact of history that the station location was eccentric to the community and removed from the major arterial that bisects the site. In a more ideal world, the team would have had better control over these conditions – and would have maintained it.

Some key "lessons learned":

  • Density demands design. Abstract land use designations are only the beginning, and the essential task is to create a coherent neighborhood structure with livable features and services.
  • Build a great team. Assemble a skilled and talented consultant team early on, led by private entities with vision and risk-management skills, to closely collaborate and problem-solve together.
  • Bring the jurisdictions onto the team. Major challenges are still posed by obsolete national building codes, traffic engineering practices, and local zoning; and their solution requires the close cooperation and collaboration of public entities – from elected representatives down to desk staff – as well as skilled private consultants.
  • Do your homework. The devil will be in the details of the design. Start with good market science, not only in assessing what buyers have already bought, but in understanding potential buyers and envisioning what they will want and need. Then be prepared for lots of detailed problem-solving and research.
  • Learn from history. There are many valuable lessons in successful older neighborhoods, and in how their mix of uses functions successfully. Do not slavishly copy, but do not ignore the great problem-solving resources collected in traditional design.
  • Keep a firm hand at the tiller. Do not let disparate owners or builders destroy the standard of design quality. Do not surrender control prematurely.
  • But let the design evolve. At the same time be prepared to allow many inputs and many hands, and let the design evolve with changing real-world conditions, while preserving a coherent neighborhood structure.

Perhaps the final lesson of Orenco Station – to be further established with ongoing research -- is that there is indeed great potential for such transit-oriented and mixed-use development to create more livable, more sustainable neighborhood development. At the same time, formidable challenges remain: the diseconomies of mixed use construction, the burden of obsolete codes, the complex entitlement process, the demands for top-notch design, and the political challenges to public infrastructure funding needed for light rail itself. But in our view, such public subsidies come under the entirely proper Constitutional mandate to provide for the general welfare. In that sense, the freedom of consumers to choose to live in such communities – as they clearly do – is matched by the freedom of voters to choose the kind of public realm they will create in a democracy.

Additional useful links:
Podobnik sociology study
Case study with additional information
Orenco Station website

Michael Mehaffy is president of Structura Naturalis Inc., a Portland, Ore. based urban design and consulting firm. For five years he has served as PacTrust's project manager for Orenco Station, and he now serves as a project manager and consultant for mixed-use projects on the Oregon coast and elsewhere.

March 31, 2003, Planetizen

Campaign of Sabotage - How government policies have inadvertently sabotaged public transit.

By Michael Lewyn

Transit users are second-class citizens in most American cities and suburbs. For example, the Boston metropolitan area has a subway system serving its urban core and a commuter train system serving its suburbs - yet even in metropolitan Boston, just 32% of entry-level employers are within one-quarter mile of a transit stop.1 And the situation is even worse in smaller cities, many of which have no bus service after rush hour.2

Why do American communities have so little transit service? Pundits and politicians justify the status quo on the grounds that, in the words of Tom DeLay, public transit "has failed in this country . . . despite a taxpayers' investment of over $100 billion."3 The story told by transit critics is a simple one: government spends money on public transit, yet most Americans don't use it. Thus, public transit is a waste of money.

But this story overlooks an important fact: far from encouraging Americans to use buses and trains, government at all levels has inadvertently sabotaged public transit by:

  • Funding the competition. Until the 1960s, the federal government spent billions of dollars on highway building,4 but did not support trains and streetcars (which were generally run by private companies until competition from government highways made them into money-losers).5 And today, the federal governments spends more than four times as much money on highways as on transit (over $30 billion per year for highways, about $7 billion for transit).6 New and widened roads often go to suburbs without significant transit service, and thereby open up those areas for development.7 Thus, highway spending shifts people and jobs to areas without public transit, thus gutting transit ridership.
  • Unfunded mandates. The federal government has effectively reduced transit service by loading down transit agencies with unfunded mandates. For example, the Americans with Disabilities Act (which requires transit systems to provide accessible service to the disabled) costs transit providers $1.4 billion per year,8 and Section 13-c of the Federal Transit Act (which limits transit systems' ability to reduce labor costs by laying off employees)9 costs transit providers $2-3 billion per year.10 Thus, about half of federal transit subsidies are canceled out by the costs of federal regulation.
  • Paying Americans to move to auto-dependent suburbs. Since 1934, the Federal Housing Administration (FHA) has insured home mortgages. For the first few decades of its existence, FHA insured mortgages only in "low-risk areas" (usually defined as newer, whiter areas, i.e., suburbs), thus making suburban homes cheaper than urban homes.11 Because suburbs usually have less transit service than cities, FHA policies reduced transit ridership.
  • Packing poverty into cities. New Deal-era public housing legislation encouraged cities to build public housing for the poor, but gave suburbs veto power over public housing,12 and in fact discouraged suburbs from building public housing by mandating that one unit of substandard housing be eliminated for each unit of public housing built13 (thus ensuring that suburbs with little substandard housing could not build public housing). By packing public housing for the poor into cities, federal law packed poor people into cities. Because middle-class people tend to avoid the poor and problems associated with poverty (such as crime), federal public housing law encouraged middle-class flight to suburbia, which in turn reduced transit ridership as families moved from transit-packed cities to auto-dominated suburbs.
  • Using school systems to drive commuters into suburbia. Most states mandate that students be assigned to schools based on their home address – which means urban children go to urban schools and suburban children go to suburban schools.14 Because cities tend to have more poverty than suburbs, city schools tend to have more children who are from low-income backgrounds (and thus harder to educate) than suburban schools. Thus, state laws effectively mandate that cities have worse schools than suburbs, thus encouraging middle-class flight from cities, thus reducing transit ridership.
  • Using zoning laws to make suburbs as auto-oriented as possible. Many American municipalities have enacted minimum lot size laws to reduce population density; for example, the average Atlanta-area acre contains no more than a home or two.15 Public transit is less feasible in low-density areas: as residences are spread farther apart, fewer commuters can walk convenient distances to bus and train stops. Thus, zoning in its current form reduces transit ridership.

In sum, a wide variety of government policies have had the effect of sabotaging, rather than promoting, public transit. Nevertheless, transit ridership has actually been growing since 1995 - and if government ever reduces its anti-transit activism, this trend might continue.

Footnotes

1. Conservation Law Foundation, City Routes, City Rights 20 (1998). See also Michael Lewyn, Thou Shalt Put No Stumbling Blocks Before The Blind, 52 Hastings Law Journal 1037, 1041-43 (2001) (citing similar statistics for other cities and metropolitan areas).

2. Id. at 1042-43. See also David G. Oedel, The Legacy of Jim Crow in Macon, Georgia, in Just Transportation 97 (Robert D. Bullard and Glenn S. Johnson, eds. 1997).

3. 137 Cong. Record H8199-02 (1991), available at 1991 WL 213667.

4. Lewyn, supra at 1045-47 (discussing history of federal highway spending in more detail).

5. Paul Weyrich & William S. Lind, Conservatives and Mass Transit: Is It Time For A New Look? 10 (1996).

6. See Budget Plans to Shape TEA-21 Renewal, Transfer, March 14, 2003, available online at http://www.transact.org/transfer/trans03/03_14.asp#3 (noting current budget baseline of $31.6 billion for highways, $7.2
billion for transit).

7. See Lewyn, supra at 1048-51 (making argument in more detail, and in particular citing National Association of Home Builders survey showing that 55% of home buyer would move to a newer area if highway access improved); Sierra Club v. US DOT, 962 F. Supp. 1037, 1043 (N.D. Ill. 1997) ("Highways create demand for travel and [suburban] expansion by their very existence").

8. Testimony of the American Public Transportation Association, Subcommittee on Surface Transportation of the House Committee on Transportation and Infrastructure, Sept. 26, 1996, 1996 WL 10831544. See also Brian Doherty, Disabilities Act: Source of Unreasonable Accommodations, San Diego Union-Tribune, July 16, 1995 at G1 (ADA's paratransit provisions alone cost transit agencies $1.1 billion per year). Because these figures are several years old, they may underestimate the ADA's costs.

9. Editorial, Untied, Houston Chronicle, June 29, 1995 at 36, available at 1995 WL 5912413 (statute mandates that transit agencies pay six years' wages and benefits to employees affected by layoffs).

10. John-Walters, Bus-Jacking the Revolution, Policy Review, Jan/Feb. 1996 at 8.

11. Kenneth Jackson, Crabgrass Frontier 207 (1985).

12. Id. at 224.

13. Michael H. Schill & Susan Wachter, The Spatial Bias of Federal Housing Law and Policy, 143 U. Pennsylvania Law Review 1285, 1293 (1995).

14. Lewyn, supra at 1058.

15. Arthur C. Nelson, Exclusionary Practices and Urban Sprawl in Metropolitan Atlanta, 17 Ga. St. U. L. Rev. 1087 (2001) (discussing exclusionary zoning in Atlanta, and noting that as a result average lot size in metro Atlanta over 3/4 of acre).

Michael Lewyn is a native Atlantan and teaches at John Marshall Law School in Atlanta, Georgia.