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Articles 1 - 5 of 5
Full-Text Articles in Law
Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene
Land Titling: A Mode Of Privatization With The Potential To Deepen Democracy, Bernadette Atuahene
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Land titling is a form of privatization in that public assets are transferred to private families and individuals. This is unlike other forms of privatization, however, because there is a systematic diffusion of economic and decision making power down to indigent populations rather than out of the country or up to its local elites. In light of this uniqueness, the question I will grapple with in this Article is, can property ownership, achieved through land titling programs, bolster democracy? First, using Peru as an example, I explain the context that necessitated the creation of land titling and the process by …
Democratizing Credit: Examining The Structural Inequities Of Subprime Lending, Cassandra Jones Havard
Democratizing Credit: Examining The Structural Inequities Of Subprime Lending, Cassandra Jones Havard
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This Article critiques the current regime of mortgage lending, which favors economic subordination. Minorities and low-and moderate income persons, regardless of their creditworthiness, are receiving higher loan rates. This is due to three market phenomena- the dominance of sub-prime lenders in the market in which prime lenders are more restricted to lend, the segmentation of the market so that certain products are offered to certain consumers, and the liquidity of the secondary market, which encourages lenders to make loans that are easily sold, but which may be inappropriately and impermissibly priced. Only by incorporating some transparency into the process will …
The Uselessness Of Public Use, Abraham Bell, Gideon Parchomovsky
The Uselessness Of Public Use, Abraham Bell, Gideon Parchomovsky
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The Supreme Court decision of Kelo v. City of New London has been denounced by legal scholars from the entire political spectrum and given rise to numerous legislative proposals to reverse Kelo's deferential interpretation of the Public Use Clause of the Fifth Amendment, and instead, limit the use of eminent domain when taken property is transferred to private hands. In this Essay we argue that the criticisms of Kelo are ill-conceived and misguided. They are based on a narrow analysis of eminent domain that fails to take into account the full panoply of government powers with respect to property. Given …
Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett
Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett
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No abstract provided.
No Guarantees: Lessons From The Property Rights Gained And Lost By Married Women In Two American Colonies, Yvette Joy Liebesman
No Guarantees: Lessons From The Property Rights Gained And Lost By Married Women In Two American Colonies, Yvette Joy Liebesman
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While our own history demonstrates long-term forward progress and expansion of women’s rights, it is also marked with periods of back-treading, and there is no absolute assurance that the rights women in the United States enjoy today will be present in the future. Rights of property, suffrage, and liberty are not guaranteed to last forever, and not just in places such as Iran and Afghanistan. Indeed, we are only a few generations removed from circumstances in which our own freedom was sharply curtailed, and they are under a continuing threat.