A View From American Courts: The Year In Indian Law 2017, 2018 Seattle University School of Law
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, 2018 Brooklyn Law School
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Brooklyn Journal of International Law
According to the United Nations High Commissioner for Refugees; since 2011; the Syrian conflict has generated roughly 5.4 million refugees; while approximately 6.5 million people are internally displaced within the country; making it the largest internally displaced population in the world. Rebuilding Syria’s infrastructure; homes; and businesses will be an immense task; with cost estimates ranging between $250–$350 billion USD. The Syrian government and the international community have already started to contemplate postwar reconstruction and even wartime reconstruction; despite the ongoing fighting. This Note operates under the assumption that the Syrian government of President Bashar al-Assad ...
Things Invisible To See: State Action & Private Property, 2018 Texas A&M University School of Law
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather ...
Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, 2018 Elisabeth Haub School of Law, Pace University
Testing Fannie Mae's And Freddie Mac's Post-Crisis Self-Preservation Policies Under The Fair Housing Act, Shelby D. Green
Cleveland State Law Review
Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary mortgage market by Fannie Mae and Freddie Mac (GSEs) helped provide more liquidity for loan originators. However, somewhere along the way, these GSEs lost their way, as they pursued profitability without regard to risk and heedlessly bought mortgages without considering quality.
The overabundance of poor quality mortgages led to the housing ...
Residential Segregation And Interracial Marriages, 2018 University of California, Davis, School of Law
Residential Segregation And Interracial Marriages, Rose Cuison Villazor
Fordham Law Review
Part I highlights recent data on racially segregated neighborhoods and low rates of interracial marriage to underscore what Russell Robinson refers to as “structural constraints” that shape and limit romantic preferences. As I discuss in this Part, many cities today continue to be racially segregated. Notably, current data demonstrate a strong correlation between low rates of interracial marriage and racially segregated neighborhoods in those cities. By contrast, contemporary studies indicate that in cities where communities are more racially and economically integrated, the rate of interracial marriages is high. Part II argues that the association between high rates of segregation and ...
Trapped In The Shackles Of America's Criminal Justice System, 2018 St. Mary's University School of Law
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Law School News: 'Force Multipliers': Ri Tenant Stablization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants 04-06-2018, 2018 Roger Williams University School of Law
Law School News: 'Force Multipliers': Ri Tenant Stablization Project Aims To Help Eviction And Homelessness Issues For Low-Income Tenants 04-06-2018, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, 2018 University of Michigan Law School
Establishing A More Effective Safmr System: The Cost And Benefits Of Hud's 2016 Small Area Fair Market Rent Rule, John Treat
University of Michigan Journal of Law Reform
This Note analyzes the new HUD rule finalized in November 2016, which dramatically changed the structure of the Housing Choice Voucher program in select metropolitan areas. In August 2017, HUD suspended automatic implementation of the rule until 2020 for twenty-three of the twenty-four selected metropolitan areas, but in December 2017, a preliminary injunction was granted requiring HUD to implement the rule as of January 1, 2018. The rule as written changes the method for calculating the vouchers from using a metropolitan area-wide average to calculating a separate level for each zip code. Such a change could greatly deconcentrate poverty and ...
Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, 2018 Georgia State University College of Law
Don’T Let The Bed Bugs Bill: Landlord Liability For Bed Bug Infestations In Georgia, Megan M. Harrison
Georgia State University Law Review
Although the historical relationship between bed bugs and humans dates back to ancient Egypt, the common bed bug, or Cimex lectularius, vanished from the beds of Americans around World War II. In the late 1990s, however, our bloodsucking bedfellows returned. Bed bug infestations are a growing public health issue. Bed bugs are now found in all fifty states, with populations in five states reaching epidemic levels. Both the Environmental Protection Agency (EPA) and the Center for Disease Control and Prevention(CDC) consider bed bugs a “pest of significant public health importance."
Despite their name, bed bugs are not limited to ...
Forced Evictions, Homelessness, And Destruction: Summer "Games"? Olympic Violations Of The Right To Adequate Housing In Rio De Janeiro, Leigha C. Crout
Notre Dame Journal of International & Comparative Law
This article details the violations of the right to housing that took place in preparation for the 2016 Summer Olympics held in Rio de Janeiro, Brazil. Analyzed under the international, regional, and domestic instruments that enumerate this guarantee, including the International Covenant on Economic, Social, and Cultural Rights, the Charter and the Declaration of the Rights and Duties of the Organization of American States, and the Constitution of Brazil, the aim of this work is to draw attention to the systematic deprivation of one of the most central human rights in the name of the Games.
The Neighborhood Veto And Its Discontents, 2018 Touro Law Center
The Neighborhood Veto And Its Discontents, Michael Lewyn
Michael E Lewyn
No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, 2018 University of Maine School of Law
No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder
Maine Law Review
Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the ...
Building On The Tiny House Movement: A Viable Solution To Meet Affordable Housing Needs, 2018 University of St. Thomas, Minnesota
Building On The Tiny House Movement: A Viable Solution To Meet Affordable Housing Needs, Emily Keable
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Hb 434 - Eminent Domain, 2018 Georgia State University College of Law
Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn
Georgia State University Law Review
The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 ...
When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, 2018 Allard School of Law at the University of British Columbia
When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris
In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.
Making Existing Homes Greener, 2018 University of Georgia School of Law
Making Existing Homes Greener, James Smith
The environmental movement that has taken hold in the last half-century includes the objective of reducing the adverse impacts buildings have on the natural environment. In the United States, this has manifested itself in changes in the design and construction of buildings. Modern buildings-those built recently-perform better with respect to some, but not all, environmental criteria than older buildings. The most prominent characteristic is the efficiency of energy use for heating, cooling, and appliances.
Even when the combination of building codes and voluntary standards work effectively to promote the construction of new green homes, they cannot provide a solution with ...
The Problems Of Expanding Landlord-Tenant Law In Minnesota Through Use Of Legal Fiction, 2018 Mitchell Hamline School of Law
The Problems Of Expanding Landlord-Tenant Law In Minnesota Through Use Of Legal Fiction, Alejandro Moreno
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Non-Enforcement Takings, 2018 Texas A&M University School of Law
Non-Enforcement Takings, Timothy M. Mulvaney
The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even ...
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, 2017 University of San Francisco, School of Law
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, 2017 University of San Francisco, School of Law