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Articles 1 - 25 of 25
Full-Text Articles in Law
Looking For A Home: How Micro-Housing Can Help California, Dawn Withers
Looking For A Home: How Micro-Housing Can Help California, Dawn Withers
Golden Gate University Environmental Law Journal
Humans have long shared small homes and small communal spaces. In the Middle Ages, it was common for many people to share a bed and for many people to share a room. Pilgrims lived in homes of about 165 square feet, and German farmers in nineteenth-century Texas built 200-square-foot homes for use on the weekends when they came to town. After the 1906 earthquake, San Francisco built 140-square-foot homes to shelter survivors.
Continuing the tradition of living in small quarters is no simple task in the modern era. How and where we live is not determined by us alone but …
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Land Use By, For, And Of The People: Problems With The Application Of Initiatives And Referenda To The Zoning Process, Nicolas M. Kublicki
Pepperdine Law Review
No abstract provided.
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
BYU Law Review
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Pepperdine Law Review
No abstract provided.
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Protected Petitioning Or Unlawful Retaliation? The Limits Of First Amendment Immunity For Lawsuits Under The Fair Housing Act, David K. Godschalk
Pepperdine Law Review
No abstract provided.
America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership , Jeremiah J. Lee
America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership , Jeremiah J. Lee
The Journal of Business, Entrepreneurship & the Law
Purchasing a home is traditionally touted as one of the best investments an individual can make, but this advice may be simply too generic to be useful or applied too broadly to be good counsel. Social pressures encouraging homeownership in America have been fostered by decades of government programs. Modern uses of the family home as a financial investment, such as flipping homes or using a home equity line of credit to subsidize a higher standard of living, illustrate a perceptual shift in which many modern homeowners have come to consider the family home principally a tool for financial gain …
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
Brigham Young University International Law & Management Review
No abstract provided.
Utah's New Extermination Orders, Patrick B.N. Solomon
Utah's New Extermination Orders, Patrick B.N. Solomon
Brigham Young University Journal of Public Law
No abstract provided.
Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry
Mortgage Wars Episode V - The Empiricist Strikes Back (Or Out): A Reply To Professor Levitin's Response , Mark S. Scarberry
Pepperdine Law Review
Professor Adam Levitin has responded to my recent symposium article critiquing proposed congressional legislation that would allow modification (including strip down) of home mortgages in Chapter 13 bankruptcy. A portion of my Critique criticized his empirical studies concerning the likely effect of the proposed legislation on mortgage interest rates and availability, and also criticized the arguments he has made in support of the proposed legislation. The Critique did note, however, that the insight involved in conceiving of such empirical studies was impressive. Surprisingly, Professor Levitin’s Response fails to deal with the substantial case authority discussed in my Critique. He treats …
Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin
Back To The Future With Chapter 13: A Response To Professor Scarberry, Adam J. Levitin
Pepperdine Law Review
Professor Mark Scarberry has put forth a formidable critique of my empirical study of mortgage market sensitivity to bankruptcy modification risk. As this response shows, however, his critique does not hold up under scrutiny. Professor Scarberry argues that my study design is invalid because, as he reads the current state of the law, cramdown is virtually impossible. Therefore, he contends, we should not expect markets to exhibit sensitivity to cramdown risk, so no policy conclusions can be derived from my finding of market insensitivity. Regrettably, Professor Scarberry overreads the state of the law. The law is in fact unsettled, and …
Cracking The Foundation: Highlighting And Criticizing The Shortcomings Of Mandatory Inclusionary Zoning Practices, Michael Floryan
Cracking The Foundation: Highlighting And Criticizing The Shortcomings Of Mandatory Inclusionary Zoning Practices, Michael Floryan
Pepperdine Law Review
No abstract provided.
How Negotiability Has Fouled Up The Secondary Mortgage Market, And What To Do About It, Dale A. Whitman
How Negotiability Has Fouled Up The Secondary Mortgage Market, And What To Do About It, Dale A. Whitman
Pepperdine Law Review
No abstract provided.
A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy, Mark S. Scarberry
A Critique Of Congressional Proposals To Permit Modification Of Home Mortgages In Chapter 13 Bankruptcy, Mark S. Scarberry
Pepperdine Law Review
Proposed amendments to the Bankruptcy Code permitting strip down of under secured home mortgages to the court-determined value of the homes and other modifications of home mortgages in Chapter 13 would substantially alter the risk characteristics of home mortgages, with likely substantial effects on future mortgage interest rates and future mortgage availability. Thus, the future societal cost of such a change in the law likely would be large. This article explains and supports that thesis, primarily on the ground that the proposed changes would leave mortgage holders with all of the future downside risk in the real property market while …
Confronting The Mortgage Meltdown: A Brief For The Federalization Of State Mortgage Foreclosure Law, Grant S. Nelson
Confronting The Mortgage Meltdown: A Brief For The Federalization Of State Mortgage Foreclosure Law, Grant S. Nelson
Pepperdine Law Review
This Article argues for federal preemption of state procedures governing the foreclosure of mortgages and security interests in rents. While it also suggests that federal action limiting or prohibiting state anti-deficiency legislation may be appropriate, it leaves this issue to future consideration. Thus, its major focus is to advocate the congressional adoption of both Uniform Nonjudicial Foreclosure Act (UNFA) and Uniform Assignment of Rents Act (UARA) to make them available to all lenders nationwide. However, the federal government has a special stake in greater uniformity for its own account. This is especially the case as to mortgages on real estate. …
Preventing A Return Engagement: Eliminating The Mortgage Purchasers' Status As A Holder-In-Due-Course: Properly Aligning Incentives Among The Parties, Alex M. Johnson Jr.
Preventing A Return Engagement: Eliminating The Mortgage Purchasers' Status As A Holder-In-Due-Course: Properly Aligning Incentives Among The Parties, Alex M. Johnson Jr.
Pepperdine Law Review
No abstract provided.
The Value(S) Of Foreclosure Law Reform, Melissa B. Jacoby
The Value(S) Of Foreclosure Law Reform, Melissa B. Jacoby
Pepperdine Law Review
This symposium contribution examines the starkly different values reflected in traditional legal literature on foreclosure law reform in the U.S. as compared to some more recent entries in the wake of the rise of subprime lending and high rates of residential mortgage default. I highlight economist Dean Baker’s “right to rent” proposal, which would give former homeowners leasehold rights at market rates, to illustrate a more progressive set of housing policy considerations and to challenge the assumption that ownership is essential or optimal to promoting various housing objectives.
Foreclosure By Arbitration?, R. Wilson Freyermuth
Foreclosure By Arbitration?, R. Wilson Freyermuth
Pepperdine Law Review
No abstract provided.
Bringing Manufactured Housing Into The Real Estate Finance System, Ann M. Burkhart
Bringing Manufactured Housing Into The Real Estate Finance System, Ann M. Burkhart
Pepperdine Law Review
Eight percent of the United States population - more than 23 million people - live in manufactured homes (also called mobile homes). In some years, more than 30% of the new homes sold have been manufactured. Moreover, manufactured housing is the most important form of unsubsidized affordable housing in this country. Up to two-thirds of the new affordable homes built each year have been manufactured. However, the manufactured housing industry currently is struggling to survive a meltdown in its sales and finance markets. A tremendous obstacle to the industry’s recovery is that most manufactured homes are characterized as personal property, …
Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas
Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas
Public Interest Law Reporter
No abstract provided.
"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett
"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett
Public Interest Law Reporter
No abstract provided.
How The Pursuit Of The American Dream Turned Into Chicago's Housing Nightmare, Laughlin Cutler
How The Pursuit Of The American Dream Turned Into Chicago's Housing Nightmare, Laughlin Cutler
Public Interest Law Reporter
No abstract provided.
Cause And Effect: Criminalizing The American Dream, Jessica Sanchez
Cause And Effect: Criminalizing The American Dream, Jessica Sanchez
Public Interest Law Reporter
No abstract provided.
Maryland Foreclosure Mediation - Working Or Waning? A Critical Look At The State's Foreclosure Mediation Program, Chelsea Jones
Maryland Foreclosure Mediation - Working Or Waning? A Critical Look At The State's Foreclosure Mediation Program, Chelsea Jones
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Notice Is Not Enough: Why Tila Requires More Than A Letter Of Intent, Levi Smith
Notice Is Not Enough: Why Tila Requires More Than A Letter Of Intent, Levi Smith
University of Michigan Journal of Law Reform Caveat
The federal Truth in Lending Act (TILA) provides borrowers with protections and remedies against certain actions by lenders. TILA allows, in some circumstances, a borrower to rescind a loan from a lender within a three-year period from when the loan is made. However, a circuit split has developed regarding how the right to rescind must be exercised. Of the circuits that have considered this question, some require a lawsuit to be filed within the three-year period to rescind the loan. Other circuits have held that providing notice of the intent to rescind the loan within the three-year period is sufficient …
Billions Of Tax Dollars Spent Inflating The Housing Bubble: How And Why The Mortgage Interest Deduction Failed, Rebecca N. Morrow
Billions Of Tax Dollars Spent Inflating The Housing Bubble: How And Why The Mortgage Interest Deduction Failed, Rebecca N. Morrow
Fordham Journal of Corporate & Financial Law
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 influencing human behavior, it does so by inflating home prices and encouraging borrowing against equity. These effects – inflated home prices and excessive borrowing – contributed to the economic crisis of 2008. In the years leading up to the crisis, Americans spent billions of tax dollars further inflating a dangerously …