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Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng 2018 Selected Works

Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng

Michael P. Seng

This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.


No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder 2018 University of Maine School of Law

No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder

Maine Law Review

Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the ...


Building On The Tiny House Movement: A Viable Solution To Meet Affordable Housing Needs, Emily Keable 2018 University of St. Thomas, Minnesota

Building On The Tiny House Movement: A Viable Solution To Meet Affordable Housing Needs, Emily Keable

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Limited Equity Cooperatives: The Non-Economic Value Of Homeownership, Julie D. Lawton 2018 DePaul University College of Law

Limited Equity Cooperatives: The Non-Economic Value Of Homeownership, Julie D. Lawton

Julie Lawton

Economists have argued there are two main purposes of homeownership. The first is housing as a utility for consumption, and the second is housing as an investment vehicle. Legal scholars, on the other hand, view homeownership in more personal terms. Margaret Radin, in her watershed article, argues that homeownership is so closely imbued with the person that it is affirmatively part of one‘s self—the personhood of property. Radin suggests that one‘s home is such a part of the way a person constitutes oneself that the property becomes an element of personhood, something no longer entirely external to ...


Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn 2018 Georgia State University College of Law

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 ...


Smart Growth Through Tiny Homes: Incentivizing Freedom Of Housing, A. Robin Donnelly 2018 Texas A&M University School of Law

Smart Growth Through Tiny Homes: Incentivizing Freedom Of Housing, A. Robin Donnelly

Texas A&M Journal of Property Law

Tiny Homes are an environmentally friendly housing option popping up across the United States. Tiny Homes have a minimal environmental footprint due to their small size and eco-friendly design. As such, Tiny Homes could address several of the Environmental Protection Agency’s city development goals. The Environmental Protection Agency (“EPA”) has created a Smart Growth program that provides financial assistance to cities seeking to implement greener practices throughout city planning. Tiny Home Eco communities could become a popular Smart Growth development plan. Unfortunately, cities have not welcomed Tiny Homes, and this alternative green housing scheme has remained undeveloped. This Comment ...


Does Bankruptcy Save Homes? A Further Look, Alan White 2018 CUNY School of Law

Does Bankruptcy Save Homes? A Further Look, Alan White

Publications and Research

No abstract provided.


The Problems Of Expanding Landlord-Tenant Law In Minnesota Through Use Of Legal Fiction, Alejandro Moreno 2018 Mitchell Hamline School of Law

The Problems Of Expanding Landlord-Tenant Law In Minnesota Through Use Of Legal Fiction, Alejandro Moreno

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan 2018 Roger Williams University School of Law

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Law Faculty Scholarship

No abstract provided.


The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer 2018 New York Law School

The Right To Counsel For Tenants Who Faced Eviction, Andrew Scherer

Other Publications

No abstract provided.


When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris 2018 Allard School of Law at the University of British Columbia

When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris

Faculty Publications

In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.


The Rogue Landlord: Tenants' Recourse Against Self-Help For Damages Following A Residential Lease Termination, John N. Mansella Esq. 2018 Roger Williams University

The Rogue Landlord: Tenants' Recourse Against Self-Help For Damages Following A Residential Lease Termination, John N. Mansella Esq.

Roger Williams University Law Review

No abstract provided.


How Federal Tax Law Rewards Housing Segregation, Michelle D. Layser 2018 University of Illinois - College of Law

How Federal Tax Law Rewards Housing Segregation, Michelle D. Layser

Indiana Law Journal

INTRODUCTION

I. THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES

A.WHY THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES MATTERS

B. THE LOCATION OF TAX-SUBSIDIZED HOUSING IN AMERICA

1. THE SPATIAL DISTRIBUTION OF MORTGAGE INTEREST DEDUCTION BENEFITS

2. THE SPATIAL DISTRIBUTION OF LOW-INCOME HOUSING TAX CREDIT PROJECTS

II. VISUALIZING THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES

A. THE BIG PICTURE: MAPPING TAX-BASED HOUSING SUBSIDIES

B. A CLOSER LOOK: DESCRIBING TAX-SUBSIDIZED NEIGHBORHOODS

1. NEIGHBORHOODS WITH HIGH SHARES OF MORTGAGE INTEREST DEDUCTION BENEFITS AND FEW LIHTC PROPERTIES

2. NEIGHBORHOODS WITH HIGH NUMBERS OF LIHTC PROPERTIES AND LITTLE MORTGAGE INTEREST DEDUCTION BENEFIT

3. NEIGHBORHOODS ...


Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco 2018 John Marshall Law School

Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco

The John Marshall Law Review

No abstract provided.


Making Existing Homes Greener, James Smith 2018 University of Georgia School of Law

Making Existing Homes Greener, James Smith

Scholarly Works

The environmental movement that has taken hold in the last half-century includes the objective of reducing the adverse impacts buildings have on the natural environment. In the United States, this has manifested itself in changes in the design and construction of buildings. Modern buildings-those built recently-perform better with respect to some, but not all, environmental criteria than older buildings. The most prominent characteristic is the efficiency of energy use for heating, cooling, and appliances.

Even when the combination of building codes and voluntary standards work effectively to promote the construction of new green homes, they cannot provide a solution with ...


Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, Shelby D. Green 2018 Elisabeth Haub School of Law at Pace University

Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, Shelby D. Green

Pace Law Faculty Publications

Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary mortgage market by Fannie Mae and Freddie Mac (“GSEs”) helped provide more liquidity for loan originators. However, somewhere along the way, these GSEs lost their way, as they pursued profitability without regard to risk and heedlessly bought mortgages without considering quality.

The overabundance of poor quality mortgages led to the housing ...


United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan 2018 Roger Williams University School of Law

United States Supreme Court Surveys: 2016 Term. Still Standing After All These Years: Five Decades Of Litigation Under The Fair Housing Act And The Supreme Court Still Can't Say For Sure Who Is Protected, David A. Logan

Roger Williams University Law Review

No abstract provided.


Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White 2018 CUNY School of Law

Bank Of America V. City Of Miami: Standing And Causation Under The Fair Housing Act, Alan M. White

Loyola of Los Angeles Law Review

No abstract provided.


Non-Enforcement Takings, Timothy M. Mulvaney 2018 Texas A&M University School of Law

Non-Enforcement Takings, Timothy M. Mulvaney

Faculty Scholarship

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even ...


Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias 2017 University of San Francisco, School of Law

Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias

Tim Iglesias

This is a book review of The Fight for Fair Housing: Causes, Consequences and Future Implications of the 1968 Federal Fair Housing Act  ed. Gregory D. Squires (Routledge 2018).
In addition to summarizing and evaluating all 15 chapters this review highlights the two major contributions of the volume: (1) Some chapters (especially chapters 10, 11, 13, and 15) begin to articulate an argument that effective implementation of fair housing law is not just good for members of protected classes but valuable for everyone because it can help markets work better, promote democracy, and expand opportunity for all; (2) the chapters ...


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