Georgetown University Law Center
University of Toronto
University of Kentucky College of Law
University of Michigan Law School
American University Washington College of Law
Yale Law School
Fordham Law School
The New Progressive Property And The Low-Income Housing Conflict,
2016
University of Kentucky
The New Progressive Property And The Low-Income Housing Conflict, Zachary A. Bray
Zachary Bray
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 ...
Perspectives On Abandoned Houses In A Time Of Dystopia,
2016
Cleveland State University
Perspectives On Abandoned Houses In A Time Of Dystopia, Kermit J. Lind
Kermit J. Lind
This article describes various perspectives on abandoned houses in urban neighborhoods and the reactions from those perspectives. It notes how conflicting reactions perpetuate the crisis of blight for individual residents and their communities. It argues that real solutions for management of abandonment must be based in local communities and tailored to local conditions. Priority must be placed on consistent maintenance in compliance with local housing and neighborhood health, safety and environmental codes. Housing preservation, rehabilitation, reutilization programs will not succeed without improved and sustained maintenance. Localities will need to take the lead in remodeling residential maintenance using new strategies, methods ...
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans,
2016
Selected Works
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Hugh Mundy
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...
Confronting Race And Collateral Consequences In Public Housing,
2016
Seattle University School of Law
Confronting Race And Collateral Consequences In Public Housing, Ann Cammett
Seattle University Law Review
Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of ...
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans,
2016
Seattle University School of Law
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Seattle University Law Review
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...
Nationstar Mortg. V. Rodriguez, 132 Nev. Adv. Op. 55 (July 28, 2016),
2016
Nevada Law Journal
Nationstar Mortg. V. Rodriguez, 132 Nev. Adv. Op. 55 (July 28, 2016), Patrick Caddick
Nevada Supreme Court Summaries
The subsequent discovery of fraud does not provide good cause for overcoming a default of the 30-day window in which to file a petition for judicial review of foreclosure mediation.
Recent Decisions: Discrimination In Housing,
2016
St. John's University School of Law
Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees,
2016
St. John's University School of Law
Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees
The Catholic Lawyer
No abstract provided.
Abating Neighborhood Blight With Collaborative Policy Networks—Where Have We Been? Where Are We Going?,
2016
Selected Works
Abating Neighborhood Blight With Collaborative Policy Networks—Where Have We Been? Where Are We Going?, Kermit J. Lind
Kermit J. Lind
Blight is a term with multiple meanings and a complex legal and policy history in the United States. Currently, blight and its community costs are frequently associated with vacant and often foreclosed homes, defective and abandoned buildings, litter, vacant lots, and graffiti. As a legal and policy term, blight has roots in the common law definitions of public nuisance. Researchers and scholars in other disciplines have cited blighted neighborhoods as both a cause and symptom of larger socioeconomic problems such as poverty, crime, poor public health, educational deficits, and other personal or systemic distress.
This Article traces the seeds of ...
Expanding Access To Justice: Alternatives To Full Representation In New York State,
2016
New York Law School
Expanding Access To Justice: Alternatives To Full Representation In New York State, Randal Jeffrey
Impact Center for Public Interest Law
No abstract provided.
The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants,
2016
New York Law School
The Fight For Justice In Housing Court: From The Bronx To A Right To Counsel For All New York City Tenants, Susanna Blankley
Impact Center for Public Interest Law
No abstract provided.
Why A Right: The Right To Counsel And The Ecology Of Housing Justice,
2016
New York Law School
Why A Right: The Right To Counsel And The Ecology Of Housing Justice, Andrew Scherer
Impact Center for Public Interest Law
No abstract provided.
Abating Neighborhood Blight With Collaborative Policy Networks—Where Have We Been? Where Are We Going?,
2016
Cleveland State University
Abating Neighborhood Blight With Collaborative Policy Networks—Where Have We Been? Where Are We Going?, Kermit J. Lind
Law Faculty Articles and Essays
Blight is a term with multiple meanings and a complex legal and policy history in the United States. Currently, blight and its community costs are frequently associated with vacant and often foreclosed homes, defective and abandoned buildings, litter, vacant lots, and graffiti. As a legal and policy term, blight has roots in the common law definitions of public nuisance. Researchers and scholars in other disciplines have cited blighted neighborhoods as both a cause and symptom of larger socioeconomic problems such as poverty, crime, poor public health, educational deficits, and other personal or systemic distress.
This Article traces the seeds of ...
No Place To Call Home: Rethinking Residency Restrictions For Sex Offenders,
2016
Boston College Law School
No Place To Call Home: Rethinking Residency Restrictions For Sex Offenders, Gina Puls
Boston College Journal of Law & Social Justice
Modern day sex offender legislation was first implemented in the early 1990s in response to a number of headline-grabbing incidents. Seeking to protect families and children, federal and state legislators passed regulations aimed at tracking, monitoring, and controlling released sex offenders. A key portion of these legislative developments include state and local level residency restrictions, which prevent sex offenders from living within an established distance—usually 1000 to 2500 feet—of various places where children gather, such as schools and daycare facilities. These laws have created enormous hardship for released sex offenders as they attempt to reintegrate into society, and ...
Domestic Violence Victims A Nuisance To Cities,
2016
Pepperdine University
Domestic Violence Victims A Nuisance To Cities, Filomena Gehart
Pepperdine Law Review
Unless municipal nuisance ordinances change, domestic violence victims can face eviction just for calling the police. Nuisance ordinances generally impose fines on a property owner or landlord when the police are called to respond to incidents of crime a certain number of times at the same residence. Many nuisance ordinances also revoke a landlord’s rental license if a property is deemed a nuisance. However, many of these nuisance ordinances do not have an exception for incidents of domestic violence and, consequently, victims are scared to call 911 or request police assistance. This comment surveys the development of nuisance laws ...
Do Community Benefits Agreements Benefit Communities?,
2016
Brooklyn Law School
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Faculty Scholarship
No abstract provided.
From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market,
2016
Notre Dame Law School
From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon
Journal of Legislation
People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the Great Depression, the article analyzes the contribution of this legislation to the onset of the Great Recession. The discussion shows how regulation that was enacted in response to a major economic crisis not only failed to prevent a large-scale ...
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure,
2016
Southern University Law Center
Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet
University of Cincinnati Law Review
No abstract provided.
Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions,
2016
Seattle University School of Law
Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter
Seattle University Law Review
Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community ...
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors,
2016
Seattle University School of Law
In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward
Seattle Journal for Social Justice
No abstract provided.
