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Articles 1 - 30 of 38
Full-Text Articles in Law
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García
Bruno L. Costantini García
Tercer Congreso Nacional de Organismos Públicos Autónomos
"Autonomía, Reforma Legislativa y Gasto Público"
Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke
Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan C. Weinstein, Kathryn W. Hexter, Molly Schnoke
Law Faculty Reports and Comments
The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.
Ninth Circuit Reconsidering Website Provider Liability For Using Discriminatory Questions In Violation Of The Fair Housing Act To Match Roommates, Dylan O. Malagrino
Ninth Circuit Reconsidering Website Provider Liability For Using Discriminatory Questions In Violation Of The Fair Housing Act To Match Roommates, Dylan O. Malagrino
Dylan Malagrinò
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …
Annual Report 2007-2008: Where Home Means Everything, California Housing Finance Agency
Annual Report 2007-2008: Where Home Means Everything, California Housing Finance Agency
California Agencies
No abstract provided.
Property Right From Law And Society’S Perspective: A Literature Review, Wei Zhang
Property Right From Law And Society’S Perspective: A Literature Review, Wei Zhang
Wei Zhang
No abstract provided.
Home Ownership Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby
Home Ownership Beyond A Subprime Crisis: The Role Of Delinquency Management, Melissa B. Jacoby
Melissa B. Jacoby
No abstract provided.
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Ezra Rosser
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …
Trying To Protect Elderly And Mentally Incompetent Homeowners: One Tax Deed Case At A Time., Daniel Koen
Trying To Protect Elderly And Mentally Incompetent Homeowners: One Tax Deed Case At A Time., Daniel Koen
Public Interest Law Reporter
No abstract provided.
Today's Predatory Lending Tactics Require New Strategies - And New Laws: How A Case From Chicago Helped Change Illinois Law, Daniel P. Lindsey, Lea A. Weems
Today's Predatory Lending Tactics Require New Strategies - And New Laws: How A Case From Chicago Helped Change Illinois Law, Daniel P. Lindsey, Lea A. Weems
Public Interest Law Reporter
No abstract provided.
Legislating Affordable Housing In Chicago's Private Real Estate Market, Monica Carranza
Legislating Affordable Housing In Chicago's Private Real Estate Market, Monica Carranza
Public Interest Law Reporter
No abstract provided.
Lawmakers Propose The Hearth Act To Aid Millions Of Homeless Americans, Nigel Graham
Lawmakers Propose The Hearth Act To Aid Millions Of Homeless Americans, Nigel Graham
Public Interest Law Reporter
No abstract provided.
Fair Housing Laws And The Constitutional Rights Of Roommate Seekers, Christine A. Kolosov
Fair Housing Laws And The Constitutional Rights Of Roommate Seekers, Christine A. Kolosov
The Modern American
No abstract provided.
Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis
Exiling The Poor: The Clash Of Redevelopment And Fair Housing In Post-Katrina New Orleans, Anita Sinha, Judith Browne-Dianis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …
Exclusionary Eminent Domain, David A. Dana
Exclusionary Eminent Domain, David A. Dana
Faculty Working Papers
This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …
Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes
Rethinking The American Dream, Tamar Frankel
Rethinking The American Dream, Tamar Frankel
Shorter Faculty Works
Lurking in the background of the sub-prime crisis is the question: What sustains the American Dream of owning a home? Is ownership of a home the best way to live? How much does home-ownership really cost the taxpayers? And behind this question rises the unthinkable question: Is home ownership for the American middle and upper class obsolete? Should the American Dream be to "rent a home" rather than "buy a home"?
The Subprime Mortgage Crisis And Local Government: Immediate And Future Challenges, Alan C. Weinstein
The Subprime Mortgage Crisis And Local Government: Immediate And Future Challenges, Alan C. Weinstein
Law Faculty Articles and Essays
No abstract provided.
Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm
Cox, Halprin, And Discriminatory Municipal Services Under The Fair Housing Act, Robert G. Schwemm
Law Faculty Scholarly Articles
This Article deals with Cox v. City of Dallas, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’n, and the issue of whether the Federal Fair Housing Act (FHA) should be interpreted to outlaw discrimination in the provision of services by local governments. Part I describes the Cox litigation and its connection with Halprin. Part II surveys the pre-Cox cases that have dealt with discriminatory municipal services. Part III analyzes the FHA's relevant provisions and their legislative history and concludes that Cox and Halprin were wrong to deny FHA protection to current residents. Part IV …
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
Michigan Journal of Race and Law
The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …
Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman
Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman
Other Publications
This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.
The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton
The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton
Articles
No abstract provided.
Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler
Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler
Articles by Maurer Faculty
Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International …
Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri
Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri
Faculty Publications
This article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the FHA as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination.The trend began with a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. Halprin dismissed most of the claims of a Jewish couple …
The Right To The City, Ngai Pindell
The Right To The City, Ngai Pindell
Scholarly Works
The identity and character of cities in America have been profoundly influenced by race. In the past, laws mandating the segregation of African American and white urban residents through racially discriminatory housing and lending policies created racial geographic boundaries within cities and between cities and suburbs. The impact of this racial segregation in cities can be seen in the creation and persistence of an urban African American underclass in some cities as well as many urban neighborhoods marked by racial homogeneity and economic underinvestment.
The racial climate in the United States in more recent years has been decidedly different. Overt …
An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico
An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico
NYLS Law Review
No abstract provided.
Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton
Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton
NYLS Law Review
No abstract provided.
Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires
Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires
NYLS Law Review
No abstract provided.
The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger
The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger
NYLS Law Review
No abstract provided.