This is a fascinating & provocative article from law professor Gregory Shill: Americans Shouldn’t Have to Drive, but the Law Insists on It. The first line of the piece sets the stage: “In a country where the laws compel the use of cars, Americans are condemned to lose friends and relatives to traffic violence.”

Let’s begin at the state and local level. A key player in the story of automobile supremacy is single-family-only zoning, a shadow segregation regime that is now justifiably on the defensive for outlawing duplexes and apartments in huge swaths of the country. Through these and other land-use restrictions-laws that separate residential and commercial areas or require needlessly large yards-zoning rules scatter Americans across distances and highway-like roads that are impractical or dangerous to traverse on foot. The resulting densities are also too low to sustain high-frequency public transit. Further entrenching automobile supremacy are laws that require landowners who build housing and office space to build housing for cars as well. In large part because of parking quotas, parking lots now cover more than a third of the land area of some U.S. cities; Houston is estimated to have 30 parking spaces for every resident. As UCLA urban planning professor Donald Shoup has written, this mismatch flows from legal mandates rather than market demand. Every employee who brings a car to the office essentially doubles the amount of space he takes up at work, and in urban areas his employer may be required by law to build him a $50,000 garage parking space.

Cars and car ownership are massively subsidized on a state, local, and federal level and our laws and regulations have built a nation where cars are mandatory and “driving is the price of first-class citizenship”.

Why are we taxing bus riders to pay rich people to buy McMansions and luxury electric SUVs?

And this speed limit thing is just eye-poppingly fucked up:

The National Transportation Safety Board has determined that speed is a top risk factor in motor vehicle crashes. Yet the most prominent way of setting and adjusting speed limits, known as the operating speed method, actually incentivizes faster driving. It calls for setting speed limits that 85 percent of drivers will obey. This method makes little provision for whether there’s a park or senior center on a street, or for people walking or biking. As a matter of law, the operating speed method is exceptional. It enables those who violate the law-speeding motorists-to rewrite it: speed limits ratchet higher until no more than 15 percent of motorists violate them. The perverse incentives are obvious. Imagine a rule saying that, once 15 percent of Americans acquired an illegal type of machine gun, that weapon would automatically become legal.

Ok, this is one of those articles where I want to excerpt every paragraph…just go read the whole thing. (via @olgakhazan)

Update: Eric Jaffe shared some interesting bits from Shill’s recent paper, Should Law Subsidize Driving?, in a Twitter thread.