Robert C. Holmes THE CLASH OF HOME RULE AND AFFORDABLE HOUSING: THE MOUNT LAUREL STORY CONTINUES 12 Connecticut Public Interest Law Journal 325 (Winter-Spring, 2013) The Mount Laurel doctrine, a legal principle set forth in a series of New Jersey Supreme Court (Supreme Court or court) rulings, is among the most significant contributions ever made to the advancement of affordable housing. In these rulings, the Supreme Court implicitly declared housing to be a fundamental right and imposed an affirmative... 2013
Stephanie M. Stern THE DARK SIDE OF TOWN: THE SOCIAL CAPITAL REVOLUTION IN RESIDENTIAL PROPERTY LAW 99 Virginia Law Review 811 (June, 2013) Social capital has pervaded property law, with scholars and policymakers advocating laws and property arrangements to promote social capital and relying on social capital to devolve property governance from legal institutions to resident groups. This Article challenges the prevailing view of social capital's salutary effects with a more skeptical... 2013
Nicholas Cassidy THE FAIR HOUSING ACT, DISPARATE IMPACT, AND THE ABILITY-TO-REPAY: A COMPLIANCE DILEMMA FOR MORTGAGE LENDERS 32 Review of Banking and Financial Law 431 (Spring, 2013) In the near future, mortgage lenders may be forced to choose between compliance with the anti-discrimination policies of the Fair Housing Act (FHA), or the Consumer Financial Protection Bureau's (CFPB) new ability-to-repay rule (ATR). As a response to the housing crisis of 2008, and in an effort to promote responsible lending, the CFPB... 2013
Rachel D. Godsil THE GENTRIFICATION TRIGGER: AUTONOMY, MOBILITY, AND AFFIRMATIVELY FURTHERING FAIR HOUSING 78 Brooklyn Law Review 319 (Winter, 2013) Gentrification polarizes. The term usually connotes a process where outsiders move into an area whose once-attractive properties have now deteriorated due to disinvestment. The outsiders moving in are often, though not always, white. This migration can lead to arguably positive outcomes. Increased demand results in an increase in property... 2013
Elizabeth Kelley THE ROUND HOUSE HARPERCOLLINS PUBLISHERS, NEW YORK, NY, 2012. 336 PAGES, $27.99 60-JUN Federal Lawyer 84 (June, 2013) When I saw that advertised that The Round House by Louise Erdrich was [l]ikely to be dubbed the Native American To Kill a Mockingbird, I knew I had to read it. Although The Round House's plot is not as accessible and heartwarming as Harper Lee's classic, its characters are every bit as complex, and its presentation of the underlying... 2013
Joseph William Singer THE RULE OF REASON IN PROPERTY LAW 46 U.C. Davis Law Review 1369 (June, 2013) I. Rules and Standards. 1375 A. Conventional Analysis. 1375 B. Legal Realism About Rules and Standards in Property Law. 1380 1. Why Rules Are Less Predictable than We Think. 1380 a. Informal Sources of Justified Expectations. 1380 b. Rules Do Not Determine Their Own Scope. 1383 c. Competing Norms Limit the Scope of Legal Rules. 1385 2. Why... 2013
Paul Babie THE SPATIAL: A FORGOTTEN DIMENSION OF PROPERTY 50 San Diego Law Review 323 (May-June, 2013) I. Introduction. 324 II. Edward Soja's Ontological Trialectic and Spatial Justice. 329 III. Reassembling Property. 334 A. Historicality: Rights and Allocation. 335 1. Private Property and Bundles of Rights. 335 2. Two Other Ideal Types. 339 3. Allocation. 340 B. Sociality: Social Origins and the Socially Contingent Boundaries of Rights343 1. The... 2013
Emily Coffey WHAT'S NEXT FOR LATHROP HOMES? 18 Public Interest Law Reporter 146 (Spring 2013) The Julia C. Lathrop Homes differ from other public housing developments in Chicago. A low-rise development bordering the Chicago River on Chicago's North Side, Lathrop has provided affordable housing to working class families since 1938. The community is also racially and economically diverse, unlike many of Chicago's former public housing... 2013
Mark Walsh WHEN A HOUSE IS NOT A HOME 99-DEC ABA Journal 15 (December, 2013) A housing discrimination case from New Jersey could lead to one of the biggest decisions of the U.S. Supreme Court's term. On the other hand, if it proceeds like another recent fair housing case, it could end up a dud. The justices granted review of Mount Holly v. Mount Holly Gardens Citizens in Action Inc. at the end of their last term. It is... 2013
George Lipsitz "IN AN AVALANCHE EVERY SNOWFLAKE PLEADS NOT GUILTY": THE COLLATERAL CONSEQUENCES OF MASS INCARCERATION AND IMPEDIMENTS TO WOMEN'S FAIR HOUSING RIGHTS 59 UCLA Law Review 1746 (August, 2012) In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from... 2012
William S. King A BRIDGE TOO FAR: DUE PROCESS CONSIDERATIONS IN STATE UNCLAIMED-PROPERTY LAW ENFORCEMENT 45 Suffolk University Law Review 1249 (2012) The UPL [Unclaimed Property Law] is not a permanent or true escheat statute. Instead, it gives the state custody and use of unclaimed property until such time as the owner claims it. Its dual objectives are to protect unknown owners by locating them and restoring their property to them and to give the state rather than the holders of unclaimed... 2012
Amanda Mortwedt Oh A HOUSE DIVIDED AGAINST ITSELF CANNOT STAND: THE CASE FOR ENDING THE EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA 10 University of Saint Thomas Law Journal 502 (Fall 2012) Keav, why are the soldiers so mean to us? I ask, clinging even more tightly to her. Shhh. They are called Khmer Rouge. They are the Communists. . . . Keav tells me the soldiers claim to love Cambodia and its people very much. Author Loung Ung's personal narrative in First They Killed My Father, about one of the most tragic stories of our... 2012
Caroline Joan S. Picart A TANGO BETWEEN COPYRIGHT AND CHOREOGRAPHY: WHITENESS AS STATUS PROPERTY IN BALANCHINE'S BALLETS, FULLER'S SERPENTINE DANCE AND GRAHAM'S MODERN DANCES 18 Cardozo Journal of Law & Gender 685 (Spring 2012) The stage is dark, but in one corner, in the shadows, kneels the curved, still body of a man. His silhouette shows his face buried in his palms, as if in anguish, as if remembering . . . or as if dreaming. Out of the darkness behind him, in a single shaft of light, steps the figure of a young girl. Her hair is loose, her white gown is flowing and... 2012
Yun-chien Chang , Henry E. Smith AN ECONOMIC ANALYSIS OF CIVIL VERSUS COMMON LAW PROPERTY 88 Notre Dame Law Review 1 (November, 2012) Common law and civil law property appear to be quite different, with the former emphasizing pieces of ownership called estates and the latter focusing on holistic ownership. And yet the two systems are remarkably similar in their broad outlines for functional reasons. This Article offers a transaction cost explanation for the practical similarity... 2012
Zoë Prebble ANTI-SPRAWL INITIATIVES: HOW COMPLETE IS THE CONVERGENCE OF ENVIRONMENTAL, DESEGREGATIONIST AND FAIR HOUSING INTERESTS? 30 Buffalo Public Interest Law Journal 197 (2011-2012) Imagine spacious landscaped highways . giant roads, themselves great architecture, pass public service stations, no longer eyesores, expanded to include all kinds of service and comfort. They unite and separate--separate and unite the series of diversified units, the farm units, the factory units, the roadside markets, the garden schools, the... 2012
Daniel J. Sharfstein ATROCITY, ENTITLEMENT, AND PERSONHOOD IN PROPERTY 98 Virginia Law Review 635 (May, 2012) Introduction. 636 I. Intuitions of Personhood: Making Sense of the Atrocity Value. 645 A. The Progressive Valence and Legacy of Personhood. 646 B. Understanding the Atrocity Value in Property. 648 1. Initial Intuitions. 648 2. The Social Psychology of Atrocity and Personhood. 650 3. Atrocity, Personhood, and the Cultural Dynamics of Violence. 653... 2012
Rebecca N. Morrow BILLIONS OF TAX DOLLARS SPENT INFLATING THE HOUSING BUBBLE: HOW AND WHY THE MORTGAGE INTEREST DEDUCTION FAILED 17 Fordham Journal of Corporate and Financial Law 751 (2012) The mortgage interest deduction is an incredibly popular, politically well-supported and hugely expensive tax incentive. Yet economic studies consistently show that the mortgage interest deduction fails to advance its fundamental purpose. It does not increase the rate of homeownership. On the contrary, to the extent that it is effective in... 2012
Benjamin Hochberg BRINGING JIM THORPE HOME: INCONSISTENCIES IN THE NATIVE AMERICAN GRAVES AND REPATRIATION ACT 13 Rutgers Race & the Law Review 83 (2012) Yes. That order did not come from God. Justice, That dwells with the gods below, knows no such law. I did not think your edicts strong enough To overrule the unwritten unalterable laws Of God and heaven, you being only a man. The body of the greatest Native American athlete was sold in a midnight exchange for the benefit of local tourism. In... 2012
Michael C. Nissim-Sabat CAPTURING THIS WATCHDOG? THE CONSUMER FINANCIAL PROTECTION BUREAU KEEPING THE SPECIAL INTERESTS OUT OF ITS HOUSE 40 Western State University Law Review 1 (Fall 2012) I. Introduction. 1 II. The Financial Crisis. 3 A. The Collapse. 4 B. The Legislative Response to the Crisis: Enacting the CFPB. 7 III. Regulatory Capture. 10 A. Regulatory Capture Working Its Way into an Agency. 12 B. A Single Administrator Versus a Board of Commissioners. 14 IV. Insight for Managing (or Eliminating) Capture in the CFPB. 16 A. The... 2012
Lucas P. Volkman CHURCH PROPERTY DISPUTES, RELIGIOUS FREEDOM, AND THE ORDEAL OF AFRICAN METHODISTS IN ANTEBELLUM ST. LOUIS: FARRAR V. FINNEY (1855) 27 Journal of Law and Religion 83 (2011-2012) In October 1846, the men and women of the African Methodist Episcopal Church in St. Louis (African Church) met to consider whether they would remain with the Methodist Episcopal Church (MEC) or align with the recently-formed Methodist Episcopal Church, South (MECS). Two years earlier, in 1844, amid growing conflict over the question of slavery... 2012
Caroline Joan (“Kay”) S. Picart COLLOQUIUM PROCEEDINGS: CRITICAL PEDAGOGY, RACE/GENDER & INTELLECTUAL PROPERTY 48 California Western Law Review 493 (Spring 2012) The vantage point from which I engage LatCrit XVI's emphases on Global Justice: Theories, Histories, Futures is rooted personally, as a body and entity marked by multiple hybridities, but also as a trained philosopher concerned with metaphysical and ethical questions of truth in relation to the generation of narratives. In other words, I engage... 2012
Raymond H. Brescia , Elizabeth A. Kelly , John Travis Marshall CRISIS MANAGEMENT: PRINCIPLES THAT SHOULD GUIDE THE DISPOSITION OF FEDERALLY OWNED, FORECLOSED PROPERTIES 45 Indiana Law Review 305 (2012) Residential home values in the United States have fallen considerably from their highs in the mid-2000s. This has had profound effects on consumer wealth and spending, creating a significant drag on the U.S. economy. What is worse, this loss in values corresponded with a steep rise in unemployment, which started in late 2007, and has yet to fall... 2012
Beth A. Burkstrand-Reid DIRTY HARRY MEETS DIRTY DIAPERS: MASCULINITIES, AT-HOME FATHERS, AND MAKING THE LAW WORK FOR FAMILIES 22 Texas Journal of Women and the Law 1 (Fall 2012) Introduction. 2 I. Masculinities and At-Home Fathers. 6 A. Who's the (At-Home) Man?: Identifying At-Home Fathers. 6 B. From Masculine to Masculinities. 8 II. The Study. 11 A. Study Design. 12 B. Results. 14 1. Economic Indicators. 16 2. Caregiving and Work-Family Balance Indicators. 18 III. Adaptive Masculinities in the At-Home Father Community. 20... 2012
Samuel Marll DO MUNICIPALITIES HAVE ARTICLE III STANDING TO SUE MORTGAGE LENDERS UNDER THE FAIR HOUSING ACT? 15 University of Pennsylvania Journal of Business Law 253 (Fall 2012) I believe when somebody owns their own home, they're realizing the American Dream. By 2008, the U.S. housing market had veered off a cliff. Along with it went many Americans' life savings, cities' tax bases and any realistic hope of a speedy macroeconomic recovery. As the financial contagion spread and layoffs arrived in force, millions of... 2012
Peter W. Salsich, Jr. DOES AMERICA NEED PUBLIC HOUSING? 19 George Mason Law Review 689 (Spring, 2012) I didn't want to leave, but I didn't have a choice, Annie Ricks, the last of fifteen thousand former residents of the Cabrini-Green public housing complex in Chicago, stated upon leaving the eleventh-floor apartment where she lived with five of her eight children. Ms. Ricks and her children were forced to leave in December 2010 because the... 2012
Ashleigh Bausch Varley , Mary C. Snow DON'T YOU DARE LIVE HERE: THE CONSTITUTIONALITY OF THE ANTI-IMMIGRANT EMPLOYMENT AND HOUSING ORDINANCES AT ISSUE IN KELLER V. CITY OF FREMONT 45 Creighton Law Review 503 (April, 2012) In 1973, the United States Supreme Court in Plyler v. Doe acknowledged the existence of a shadow population of undocumented immigrants numbering in the millions - within our borders. The Court noted: This situation raises the specter of a permanent caste of undocumented resident aliens, encouraged by some to remain here as a source of cheap... 2012
Jan G. Laitos and Michael K. Kugler EQUAL PROTECTION IN PROPERTY AND PLANNING 64 Planning & Environmental Law 4 (November, 2012) Private property owners occasionally chafe and complain and even bring suit when the right to use their property is subjected to government interference. One of the most maddening forms of government interference is a policy that appears to burden an owner's property differently than other property that appears to be similarly situated. This is... 2012
Sarah L. Rosenbluth FAIR HOUSING ACT CHALLENGES TO THE USE OF CONSUMER CREDIT INFORMATION IN HOMEOWNERS INSURANCE UNDERWRITING: IS THE MCCARRAN-FERGUSON ACT A BAR? 46 Columbia Journal of Law and Social Problems 49 (Fall, 2012) Despite the promise of the Fair Housing Act, structural inequality in the housing market persists. One of the most notable manifestations of this inequality is the racial and ethnic divide in patterns of homeownership. Although many factors contribute to this disparity, civil rights and consumer-protection groups have highlighted insurers' practice... 2012
Caitlin Shay FAST TRACK TO COLLAPSE: HOW ZIMBABWE'S FAST-TRACK LAND REFORM PROGRAM VIOLATES INTERNATIONAL HUMAN RIGHTS PROTECTIONS TO PROPERTY, DUE PROCESS, AND COMPENSATION 27 American University International Law Review 133 (2012) INTRODUCTION. 134 I. BACKGROUND. 137 A. Zimbabwe's Post-Independence Land Reform Efforts. 138 B. The Right to Property Under the UDHR and the Banjul Charter. 140 C. Tension between the Zimbabwean judiciary and the SADC Tribunal regarding the legality of Amendments 16A and 16B. 143 II. ANALYSIS. 145 A. Amendments 16A and 16B violate the right to... 2012
Aleatra P. Williams FORECLOSING FORECLOSURE: ESCAPING THE YAWNING ABYSS OF THE DEEP MORTGAGE AND HOUSING CRISIS 7 Northwestern Journal of Law & Social Policy 455 (Spring, 2012) In 2007, Rick Sharga, vice president of marketing at RealtyTrac, stated that with more stringent lending and underwriting standards, we will likely see a significant foreclosure decrease within the next three years. However, a sustained and considerable decrease in foreclosures has yet to occur. In fact, the real estate market downfall and... 2012
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