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Articles 31 - 60 of 75
Full-Text Articles in Entire DC Network
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
UIC Law White Papers
No abstract provided.
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein
Honors Projects
This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …
Let Us Not Centralise Town Council Services, Tan K. B. Eugene
Let Us Not Centralise Town Council Services, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
With the Government accepting the findings and recommendations of the Ministry of National Development (MND) Town Council Review Report, the focus has now shifted to a “strategic and comprehensive review of town councils (TCs)”. SMU Assistant Professor of Law Eugene Tan was of the opinion that such a move is timely and needed. He said that Singapore should not revert to the pre-1989 situation in which the management and maintenance of public housing estates was HDB’s sole responsibility. Apart from commenting on suggestions raised in the reviews, he also added what he thought should be included in this comprehensive review …
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia
Touro Law Review
This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel
Touro Law Review
The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.
Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel
Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel
Touro Law Review
No abstract provided.
Fixing Toxic Titles, Kermit J. Lind
Fixing Toxic Titles, Kermit J. Lind
Kermit J. Lind
This is a presentation using a PowerPoint along with supplemental reading. I define the term "toxic title" and describe problems it causes to communities and individuals. Potential solutions and preventive actions are proposed.
Judicial Deference And Institutional Character: Homeowners Associations And The Puzzle Of Private Governance, Michael C. Pollack
Judicial Deference And Institutional Character: Homeowners Associations And The Puzzle Of Private Governance, Michael C. Pollack
Faculty Articles
Much of the study of judicial review of governing institutions focuses on the institutions of public government at the federal, state, and local levels. But the courts' relationship with private government is in critical need of similar examination, and of a coherent framework within which to conduct it. This Article uses the lens of homeowners associations-a particularly ubiquitous form of private government-to construct and employ such a framework. Specifically, this Article proceeds from the premise that judicial deference is less appropriate the more unaccountable a governing institution is, and therefore develops a set of tests for institutional accountability. Applied to …
Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.
Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.
Brigham Young University Education and Law Journal
No abstract provided.
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret Johnson
Margaret E Johnson
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of homelessness and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides that continuing to share a home with the person who abused her receives little or no system support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its …
Judicial Adjudication In Housing Rights In Brazil And Colombia: A Comparative Perspective, Vanice L. Valle
Judicial Adjudication In Housing Rights In Brazil And Colombia: A Comparative Perspective, Vanice L. Valle
Vanice L. Valle
Cooperative constitutionalism is the watchword in the 21st. century, and the creation of a judicial network is an important tool to improve human rights protection. This paper intends to contribute in that field, reporting the constitutional framework and the main decisions held by the Brazilian and the Colombian Constitutional Courts in protecting housing rights. The comparison is justified by the historical proximity in the juridical transition in both countries – 1988 in Brazil and 1991 in Colombia –; and also by the clear inspiration that Colombia took in the Brazilian Constitution at the time of their Constituent Assembly. As the …
Reimagining Merit As Achievement, Aaron N. Taylor
Reimagining Merit As Achievement, Aaron N. Taylor
AARON N TAYLOR
Higher education plays a central role in the apportionment of opportunities within the American meritocracy. Unfortunately, narrow conceptions of merit limit the extent to which higher education broadens racial and socioeconomic opportunity. This article proposes an admissions framework that transcends these limited notions of merit. This “Achievement Framework” would reward applicants from disadvantaged backgrounds who have achieved beyond what could have reasonably been expected. Neither race nor ethnicity is considered as part of the framework; however, its nuanced and contextual structure would ensure that racial and ethnic diversity is encouraged in ways that traditional class-conscious preferences do not. The overarching …
The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore
The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore
Pepperdine Law Review
No abstract provided.
A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung
A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung
Pepperdine Law Review
Affordable housing programs have been enacted throughout the state in response to the current critical housing shortage. They serve an essential function as an element of community growth control plans. This article focuses on the success of the Orange County affordable housing program. By utilizing a variety of means, such as density bonus plans, flexible regulations, and deed restrictions, the County has developed a plan which is not only successful but may also serve as a model for other local governments.
The Legality Of California Development Fees, Erik B. Michelsen
The Legality Of California Development Fees, Erik B. Michelsen
Pepperdine Law Review
No abstract provided.
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson
Pepperdine Law Review
Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain impact …
Racism & Power: The Inaccessibility Of Opportunity In The Educational System In The United States, Neda Brisport
Racism & Power: The Inaccessibility Of Opportunity In The Educational System In The United States, Neda Brisport
Neda Brisport
President Obama began his letter regarding The Reauthorization of the Elementary and Secondary Education Act with the very poignant statement: “Every child in America deserves a world-class education.”[1] Although the Constitution does not directly address the notion of education, the federal government and judiciary have made it clear through various Acts and case law that the United States of America values education and that we care for all of our children. Is it that only certain children are getting a “world-class education”, while others are being deprived of their mental nutrition and tools for success? This paper will argue …
Consumerism And Land Sales , Leonard Levin
Consumerism And Land Sales , Leonard Levin
Pepperdine Law Review
No abstract provided.
Eminent Domain For The Seizure Of Underwater Mortgages, Sarah Thompson
Eminent Domain For The Seizure Of Underwater Mortgages, Sarah Thompson
University of Michigan Journal of Law Reform Caveat
Like many cities in the United States, Richmond, California suffered greatly from the recent mortgage crisis. The foreclosure crisis hit Richmond hard in 2009, when more than 2,000 homes in Richmond went into foreclosure. This figure is especially shocking given that there were 18,659 owner-occupied housing units in the city at that time. In 2012, the city saw an additional 914 foreclosures and a foreclosure rate of thirty out of 1,000 homes (well above the national average of thirteen of every 1,000 homes). Today, it is reported that nearly forty-six percent of homes in Richmond are “underwater,” meaning that what …
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
UIC Law Open Access Faculty Scholarship
While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …
Annual Report 2012-2013: Gearing Up, California Housing Finance Agency
Annual Report 2012-2013: Gearing Up, California Housing Finance Agency
California Agencies
No abstract provided.
Constitutional Amendment To End Homelessness, Ruben B. Botello Jd
Constitutional Amendment To End Homelessness, Ruben B. Botello Jd
Ruben B Botello JD
CONSTITUTIONAL AMENDMENT TO END HOMELESSNESS IN THE UNITED STATES OF AMERICA
By Ruben Botello, JD
Founder, American Homeless Society
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." (U.S. Constitution, http://constitutionus.com/)
The above-quoted Preamble to our U.S. Constitution ordains and establishes a binding legal document of, by and for the founders of our nation and their Posterity …
‘Peter Pan’ As Public Policy: Should Fifty-Five-Plus Age- Restricted Communities Continue To Be Exempt From Civil Rights Laws And Substantive Federal Regulation?, Mark D. Bauer
Mark D Bauer
Although millions of Americans live in 55-plus age-restricted housing, little research has been done to determine whether these communities benefit their residents, or the nation as a whole. This is particularly ironic because these communities exist in contravention to anti-discrimination laws by virtue of a specific exemption granted to real estate developers by an Act of Congress. Ordinarily age discrimination is prohibited by the Fair Housing Act, Title VIII of the Civil Rights Act of 1968. Successful lobbying by special interest groups carved out an exemption for 55-plus housing.
The original exemption required developers to offer elders special services and …
Ny Residential Landlord-Tenant Law & Procedure—2012-2013 (5th Ed. 2013), Gerald Lebovits
Ny Residential Landlord-Tenant Law & Procedure—2012-2013 (5th Ed. 2013), Gerald Lebovits
Gerald Lebovits
No abstract provided.
A Homeless Bill Of Rights: Step By Step From State To State, Jonathan Sheffield
A Homeless Bill Of Rights: Step By Step From State To State, Jonathan Sheffield
Public Interest Law Reporter
No abstract provided.
What's Next For Lathrop Homes? , Emily Coffey
What's Next For Lathrop Homes? , Emily Coffey
Public Interest Law Reporter
No abstract provided.
Let's Talk: How Mediation Programs Provide Access To Justice For Homeowners Going Through Foreclosure, Melina Rozzisi
Let's Talk: How Mediation Programs Provide Access To Justice For Homeowners Going Through Foreclosure, Melina Rozzisi
Public Interest Law Reporter
No abstract provided.
Plaintiff's Amended Complaint, Gursel V. Chicago Housing Authority Et Al, Docket No. 1:12-Cv-04398 (Northern District Of Illinois Jun 06, 2012), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Plaintiff's Amended Complaint, Gursel V. Chicago Housing Authority Et Al, Docket No. 1:12-Cv-04398 (Northern District Of Illinois Jun 06, 2012), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Plaintiff's Complaint For Injunctive And Other Relief, Selfreliance Ukrainian American V. Windsor Point Condominium, Docket No. 2013-Ch-17748 (Ill. Cir. Ct. July 26, 2013), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Plaintiff's Complaint For Injunctive And Other Relief, Selfreliance Ukrainian American V. Windsor Point Condominium, Docket No. 2013-Ch-17748 (Ill. Cir. Ct. July 26, 2013), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Housing Voucher Mobility: An Overlooked Fair Housing Issue, 46 J. Marshall L. Rev. 1089 (2013), Alexander Polikoff
Housing Voucher Mobility: An Overlooked Fair Housing Issue, 46 J. Marshall L. Rev. 1089 (2013), Alexander Polikoff
UIC Law Review
No abstract provided.