Law Commons^™

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Lisa T. Alexander

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …

California's New Vagrancy Laws: The Growing Enactment And Enforcement Of Anti-Homeless Laws In The Golden State (2016 Update), Jeffrey Selbin

Jeffrey Selbin

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

Begging To Be Constitutional, Magali Sanders

Magali J Sanders

This comment argues that a City of Miami ordinance prohibiting begging, soliciting, and panhandling in the Downtown business district is constitutional because it is aimed at combating the secondary effects of soliciting. Traditionally, courts have analyzed content-based and content-neutral speech restrictions using strict and intermediate scrutiny tests, respectively.

This comment urges courts to use the secondary effects test applied in City of Renton v. Playtime Theatres, Inc., where the court upheld a zoning ordinance prohibiting adult movie theatres from locating within a certain distance of residential homes. The court focused on the purpose of the ordinance, which was to …

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 …

Social Capital And Homeless Youth: Influence Of Residential Instability On College Access, William Tierney, Ronald Hallett

Ronald Hallett

This article examines the experiences homeless youth face and the influence of social networks on their education. Using a social capital framework, we analyze the experiences that are different for poor youth in general and those homeless. Data used include interviews with 123 homeless youth and more than 40 policymakers, school counselors, and after-school program coordinators. Youth identified three aspects of their lives that influence network development associated with college access: mobility and stability, meeting basic needs, anonymity and shame. The temporary nature of their residential stability requires a systematic response by educational institutions.

Tenants At Foreclosure: Mitigating Harm To Innocent Victims Of The Foreclosure Crisis, Tony Guo

Tony Guo

An estimated forty percent of families facing foreclosure-related evictions nationwide are tenants. Forced to move out on short notice when their landlords fail to pay the mortgage, many renters not only lose their security deposits, but often see their lives turned upside-down. In response to this dilemma, Congress passed the Protecting Tenants at Foreclosure Act (PTFA) in May, 2009. Through this enactment, Congress sought to protect tenants, who for too long have been the innocent victims of the foreclosure crisis. This comment argues that although the federal legislation marks an important first step in protecting tenants’ rights, it is deficient …

Excuse Me, Sir, Can You Spare Some Certiorari? Why Downtown “No Panhandling” Zones Are Constitutionally Suspect, Noah J. Kores

Noah J Kores

Panhandlers are becoming increasingly prevalent in urban areas across the United States. Many cities have taken action to regulate where, when, and how panhandling may be performed. One particular trend raises many First Amendment questions: downtown panhandling bans. As panhandling is a form of free speech, the question is whether downtown bans go too far.

Under the First Amendment, many downtown bans fail both intermediate and strict scrutiny. Specifically, St. Petersburg, Florida’s ordinance fails because it places content-based restrictions on speech -- meaning it restricts speech based on what an individual is attempting to say. Panhandling bans are content-based because …

Habitations Of Cruelty - Pitfalls Of Expanding Hate Crime Legislation To Include The Homeless, Scott A. Steiner

Scott A Steiner

Hate crime law has developed and expanded substantially since its earliest form. A concerted effort is currently underway to expand existing hate crime legislation to include the homeless.

This paper provides a history of both state and federal hate crime legislation, examines precisely what a hate crime is (and how that definition differs from state to state), explores the growing problem of violence against the homeless, and analyzes recent developments in expanding state and local law to protect based on homelessness.

It offers both arguments in favor and arguments against the expansion of hate crime laws to include the homeless …

Education And Homeless Youth: Policy Implementations, Ronald Hallett

Ronald Hallett

Hallett provides a review of research project related to McKinney-Vento.