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Full-Text Articles in Law

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor May 2017

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Journal of Comparative Urban Law and Policy

After apartheid was repealed in South Africa, the country’s system of forced segregation officially ended. Vestiges of racial discrimination remain, however, including spatial segregation in housing, income inequality, and huge disparities in the government’s provisioning of basic services. The poorest of South Africa’s citizens live in peripheral communities, far from city centers and employment hubs. The poorest communities often lack safe streets and safe toilets. Whereas wealthier South Africans are able to pay private policing companies to provide armed security, those in the poorest of communities must live with regular fear of violent crime. The problem is compounded by a …


Citizen's Co-Production Of Public Safety As A Symptom Of State Failure: The Case Of South African Vigilantism, Dawid Szescilo May 2017

Citizen's Co-Production Of Public Safety As A Symptom Of State Failure: The Case Of South African Vigilantism, Dawid Szescilo

Journal of Comparative Urban Law and Policy

The growing interest in co-production of public services reflects the need to liberate from the dichotomy between state and market provision. Whereas the concept of co-production is not new, it gained broader recognition among public administration scholars in recent years. What is characteristic for the academic discourse on this idea, is a strong focus on the benefits of co-production such as effectiveness, efficiency, responsiveness and quality of public services. This article provides more critical insight into co-production of public security by exploring the phenomenon of vigilantism in South Africa. The major aim of this article is to examine the major …


Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs May 2017

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

Journal of Comparative Urban Law and Policy

No abstract provided.


New Forms Of Inequality In Cape Town: A Comparative Economic And Legal Study To Defend The Right To Housing, Wellington Migliari May 2017

New Forms Of Inequality In Cape Town: A Comparative Economic And Legal Study To Defend The Right To Housing, Wellington Migliari

Journal of Comparative Urban Law and Policy

Inequality has been a topic in the core of many studies about urban development. Different theories contributed enormously to innovative reflections on the 2008 global financial crisis. However, the perverse economic practices on city construction and the housing issues remain. The aim of the present article is to show how far the right to housing in Cape Town has been affected by risky real estate investments. Unemployment rates, public money being involved in the property market and mortgage system for speculative purposes are some of the dependent variables that can shed light on these new urban forms of inequality in …


Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce May 2017

Affordable Housing, Zoning And The International Covenant On Economic, Social And Cultural Rights: Some Lessons From The Spanish And South African Experiences, Juli Ponce

Journal of Comparative Urban Law and Policy

No abstract provided.


Density, Affordable Housing And Social Inclusion: A Modest Proposal For Cape Town, Colin Crawford May 2017

Density, Affordable Housing And Social Inclusion: A Modest Proposal For Cape Town, Colin Crawford

Journal of Comparative Urban Law and Policy

No abstract provided.


The Concept Of Sustainable Development In The European Union Policy And Law, Maria Kenig-Witkowska May 2017

The Concept Of Sustainable Development In The European Union Policy And Law, Maria Kenig-Witkowska

Journal of Comparative Urban Law and Policy

No abstract provided.


Equitable Access To Public Transport: Corridor Plans For Transit-Oriented Development In Soweto, South Africa And Boston, Massachusetts Compared, Janice Griffith May 2017

Equitable Access To Public Transport: Corridor Plans For Transit-Oriented Development In Soweto, South Africa And Boston, Massachusetts Compared, Janice Griffith

Journal of Comparative Urban Law and Policy

The article argues that municipalities should play a major role in ensuring equitable access to public transportation and in planning for transit-oriented development. It presents two case studies that illustrate the importance of these undertakings. In South Africa, apartheid spatial and racial segregation resulted in the exclusion of non-white residents from the urban core where the economy was centered. These residents, who were forced to live in a city’s outlying areas, experienced considerable difficulty in commuting to the workplace. To address the lack of transportation equity, the City of Johannesburg, with support from the national and provincial governments, embarked on …


A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian Conrad Juergensmeyer May 2017

A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian Conrad Juergensmeyer

Journal of Comparative Urban Law and Policy

No abstract provided.


Reflections On Study Space Cape Town, Matthew Glasser May 2017

Reflections On Study Space Cape Town, Matthew Glasser

Journal of Comparative Urban Law and Policy

No abstract provided.


Introduction, Gordon Pirie May 2017

Introduction, Gordon Pirie

Journal of Comparative Urban Law and Policy

No abstract provided.


Introduction To The Journal Of Comparative Urban Law And Policy, Julian Conrad Juergensmeyer, Karen Johnston May 2017

Introduction To The Journal Of Comparative Urban Law And Policy, Julian Conrad Juergensmeyer, Karen Johnston

Journal of Comparative Urban Law and Policy

No abstract provided.


Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall Nov 2015

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …


Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer Apr 2015

Financiación Por Promotores De Vivendas Asequibles Para La Clase Trabajadora Mediante Impuestos Y Recuperación De Plusvalías: Una Comparación De Los Enfoques Estadounidense Y Español, Julian Conrad Juergensmeyer

Faculty Publications By Year

Este artículo explora las diferencias, similitudes, ventajas y desventajas comparativas entre los deberes de financiación de los promotores urbanos de viviendas asequibles y para la clase trabajadora en los Estados Unidos y España. Se hace hincapié en las impact fees como fuente de ingresos en los Estados Unidos y los requisitos de recuperación de plusvalías en España y en Cataluña en particular. El autor concluye que las impact fees norteamericanas proporcionan una base más amplia para los deberes de los promotores de financiación, pero que los programas españoles de recuperación de plusvalías ofrecen una mayor flexibilidad a las autoridades encargadas …


Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois Apr 2015

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Faculty Publications By Year

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …


The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas Apr 2015

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

Faculty Publications By Year

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …


Alleviating Barcelona's Public Housing Shortages Through Historic Properties, Ryan Rowberry Apr 2015

Alleviating Barcelona's Public Housing Shortages Through Historic Properties, Ryan Rowberry

Faculty Publications By Year

Creating public housing space in Barcelona requires rethinking how its historic properties might maintain their cultural and structural vitality while serving critical social and economic needs. Drawing on programs from the United States, Europe, and China, I suggest two strategies that Catalan officials might use to effectively leverage Barcelona's historic properties to reduce its public housing deficit. The first strategy considers successful financial incentives promoting public housing in historic properties within the United States - the Low Income Housing Tax Credit and the Historic Rehabilitation Tax Credit - and proposes how the Catalan government might find seed money to fund …


Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer Apr 2015

Developer Funding Of Affordable And Work Force Housing Through Impact Fees And Land Value Recapture: A Comparison Of American And Spanish Approaches, Julian C. Juergensmeyer

Faculty Publications By Year

This article explores the differences, similarities, comparative advantages and disadvantages between developer funding requirements for Affordable and Work Force Housing in the United States and Spain. Emphasis is placed on impact fees as a revenue source in the United States and value recapture requirements in Spain and in Catalonia in particular. The author concludes that American impact fees provide a broader base for developer funding requirement but that Spanish land value recapture programs offer greater flexibility to planning officials when they are applicable.