Professor of Economics
Robert C. 1925 & Hilda Hardy
Professor of Legal Studies
Department of Economics
6106 Rockefeller Hall - Room 324
Hanover, NH 03755-3514
Telephone: (603) 646-2940
Fax: (603) 646-2122
|Curriculum Vita||Working Papers|
Autobiographical Essay and Links
I have been a professor in the Dartmouth College Economics Department since 1973 and was named the Patricia F. and William B. Hale '44 Professor in Arts and Sciences in 2002. In 2010, I changed from Hale to Hardy, so I am now the Robert C. 1925 and Hilda Hardy Professor of Legal Studies. The courses I teach are Economics 2 (survey for nonmajors) and Economics 38 (Urban and Land Use). A recent and most pleasing honor was being named "Distinguished Scholar" by the graduate students at the Martin School of Public Policy and Administration of the University of Kentucky.
Unlike most other economists, I have relied primarily on sole-author books to develop my scholarship. Their common theme holds that local governments should be thought of as rational economic agents rather than passive "creatures of the
state." "The Economics of Zoning Laws" (Johns Hopkins University Press, 1985) argued that zoning is the product of rational, if not always admirable, economic calculation by voters in American municipalities. As Dick Babcock, the late dean of practicing land-use lawyers, used to say, nobody loves zoning but the people. My current (2012-13) research project is to update and expand this work under the auspices of the Lincoln Institute of Land Policy, with which I have had a long association.
"Regulatory Takings" (Harvard University Press, 1995) explored the constitutional ways by which the excesses of zoning might be curbed by the judiciary without infringing on the creativity and autonomy on local governance. Of special interest
during this phase of my career were follow-ups on regulatory takings cases to see what happened afterwards, as in the photographic essays (Lucas Essay) (Lucas Update) on Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992).
A rethinking of regulatory takings is in my 2007 investigation of the facts of Miller v. Schoene, the case of the cedar trees that made apples go bad. It has made me less optimistic about the doctrine's viability.
An economic theory of local government behavior was the subject of "The Homevoter Hypothesis" (Harvard University Press in 2001). Because homeowners have so much of their net worth stuck in their houses, they pay close attention to the many things that local governments can do to enhance or detract from their value. This provides a political side for the famous vote-with-your-feet model of local government, the Tiebout hypothesis. I also organized a conference and edited a book of essays, "The Tiebout Model at Fifty" (Lincoln Institute of Land Policy, 2006).
My most recent book, "Making the Grade" (University of Chicago Press 2009), explores the economic evolution of American public school districts, the local government boundaries that home buyers care most about. (Select this for a map
of American school districts in 2000, courtesy of Sarah Battersby.) The book explains the transformation of education from one-room schools, which were ungraded, to the age-graded schools we now reflexively think of as "real school." There were
over 200,000 districts in 1910, but they now number fewer than 15,000. (Select this link for a map of the many one-room school districts of Middlebury, Vermont, in 1871.) I believe that voters voluntarily surrendered one-room schools and their
tiny districts because they retarded children's access to high school. Inverted support for this is provided by the continuing embrace of one-room schools by the Old-Order Amish: "Do Amish One-Room Schools Make the Grade? The Dubious Data
of Wisconsin v. Yoder" (University of Chicago Law Review 2012).
My writing has been shaped by several year-long leaves at universities on the West Coast. My wife, Janice G. Fischel, (Moravian '71) and I have been at the University of California at Davis (1981); at Santa Barbara (1986 and 2006); and
at Berkeley's Law School (1992). We also spent a year in Seattle, where I visited the Daniel J. Evans School of Public Affairs at the University of Washington (1999). Our permanent home is in Hanover, New Hampshire, in a neighborhood within swimming distance of Vermont. I served on the Hanover zoning board from 1987 to 1997, and Janice was on the planning board for several years. We are both natives of Bethlehem, Pennsylvania, though I grew up in nearby Lower Saucon Township and attended Hellertown High School (class of 1963). I graduated from Amherst College in 1967 and got a PhD from Princeton University in 1973. I studied some law (but do not have a law degree) at Vermont Law School and at what its graduates fondly called "Henry Manne's summer camp."
I enjoy back-road bicycling, snowshoeing and cross-country skiing. Janice and I doggedly follow Dartmouth men's basketball, contests that provide warm diversion on cold winter nights. We are also architecture enthusiasts and enjoy walkabouts in New York and other big cities. Janice makes and sells photographic note cards, which you can view at http://www.jgfischel.com. Our son, Josh, graduated from Amherst College (class of 2000) and received his master's degree from the Gerald R. Ford School of Public Policy at the University of Michigan in 2007. In 2008, he married Cameren Cousins, a Middlebury graduate. They live in Somerville, Massachusetts, with their dog, Smitty.
Janice, Bill, Cameren, Josh and Smitty