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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr 2019 Seattle University School of Law

When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr

Seattle University Law Review

This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.


Midat Sodom And The Housing Affordability Crisis, Michael Lewyn 2019 Touro Law Center

Midat Sodom And The Housing Affordability Crisis, Michael Lewyn

Michael E Lewyn

Ancient Jewish texts states that the city of Sodom was overthrown because of its hostility to hospitality. Today, American cities often limit new housing; is this policy analogous to midat Sodom (Hebrew for "the ways of Sodom")? What arguments justify these policies, and what counter-arguments are relevant to those arguments?


Path To Destruction: Cook County's Property Tax System Is A Cause For Concern As It Mimics The Defunct Taxing Procedures That Led To The Detroit Foreclosure Crisis, Robert Romano 2019 Chicago-Kent College of Law

Path To Destruction: Cook County's Property Tax System Is A Cause For Concern As It Mimics The Defunct Taxing Procedures That Led To The Detroit Foreclosure Crisis, Robert Romano

Chicago-Kent Law Review

For decades, Cook County, Illinois, has had one of the highest property tax rates in the country, and as a result the County has begun to experience unprecedented foreclosure rates which has contributed, in part, to the State’s significant population decline. Residents are forced to endure a property tax system that disproportionately burdens low-income homeowners, while providing tax breaks to higher-income individuals and commercial owners. The primary causes and characteristics of Cook County’s defunct property tax system are strikingly similar to those that sent the City of Detroit spiraling into bankruptcy in 2013.

This note provides a comparative ...


Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris 2019 Allard School of Law at the University of British Columbia

Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris

Douglas C Harris

Statutory condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (2008-2015) in which Canadian courts grant eviction and sale orders against owners within condominium for anti-social behaviour. The expulsion orders are new. Until these cases, ownership within condominium in Canadian common law jurisdictions was thought to be as robust as ownership outside condominium such that owners could not be evicted from and forced to sell their ...


Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal 2019 Selected Works

Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal

Fay Faraday

This paper examines Tanudjaja v Attorney General—the “Right to Housing” case. The authors, co-counsel on the case, discuss the context of the case, the nature of the application, and the legal underpinnings of the section 7 and 15 Canadian Charter of Rights and Freedoms claims, including positive obligations under the Charter and international law, innovative procedure taking a systemic approach to challenging oppressive legislation, and innovative supervisory orders. The authors examine the procedural and substantive implications of the provincial and federal governments’ move to strike the case, parse the Ontario Superior Court of Justice and Ontario Court of Appeal ...


When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris 2019 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

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.


Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris 2019 Allard School of Law at the University of British Columbia

Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris

Douglas C Harris

Owning land within condominium, or strata property as it is known in British Columbia, includes holding an individual strata lot, a share of the common property, and the right to participate in governing the uses of the private and common property. Owners participate in governing through membership and voting rights in a strata corporation which has the responsibility to maintain the common property and the authority to establish bylaws that restrict the use of the common and private property. The corollary of membership and a voice in the affairs of the strata corporation is a duty to accept its governing ...


Owning And Dissolving Strata Property, Douglas C. Harris 2019 Allard School of Law at the University of British Columbia

Owning And Dissolving Strata Property, Douglas C. Harris

Douglas C Harris

Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. The owners of individual lots become co-owners of the land formerly within the association, but the non-consenting owners have their property interests in separate lots taken from them. Beginning with the observation that non-consensual dissolution of strata property results in a taking of property, this article analyzes British Columbia’s move to ...


Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts 2019 Northwestern Pritzker School of Law

Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts

Northwestern University Law Review

On July 30, 2018, the U.S. Department of Housing and Urban Development (HUD) rule prohibiting residents of public housing from smoking within twenty-five feet of any housing project took effect. These new regulations—HUD’s “smoke-free policy”—received near-universal acclaim as a means to improve public health, in particular by reducing vulnerable populations’ exposure to secondhand smoke. This Essay analyzes the smoke-free policy from the perspective of healthism—discrimination on the basis of health status. We argue that banning public housing residents from smoking is unfairly discriminatory for a variety of reasons. To start, the rule may not achieve ...


Fair Housing Law, Cleveland-Marshall College of Law Library 2019 Cleveland State University

Fair Housing Law, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


Arlington Heights Won In The Supreme Court But The Fair Housing Act’S Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose 2019 Touro College Jacob D. Fuchsberg Law Center

Arlington Heights Won In The Supreme Court But The Fair Housing Act’S Goal Of Promoting Racial Integration Saved The Low-Income Housing, Henry Rose

Touro Law Review

No abstract provided.


The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone 2019 Touro College Jacob D. Fuchsberg Law Center

The Least Restrictive Environment For Providing Education, Treatment, And Community Services For Persons With Disabilities: Rethinking The Concept, Donald H. Stone

Touro Law Review

No abstract provided.


A Homestead Act For The 21st Century, Mehrsa Baradaran 2019 University of Georgia School of Law

A Homestead Act For The 21st Century, Mehrsa Baradaran

Scholarly Works

The goal of the 21st century Homestead Act is to counteract the longstanding legacy of racially discriminatory housing policies by revitalizing distressed communities through public investment. The basic structure of the program is a wholesale transfer of land to residents who meet certain criteria. Accompanied by a holistic plan at the city level to revitalize the community through public investments in infrastructure and jobs, this proposal would benefit people who live in select small and medium-sized cities that are experiencing high vacancies.


Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld 2019 University of Miami School of Law

Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld

Articles

No abstract provided.


Planetizen Blog Posts- First Half Of 2019, Michael Lewyn 2018 Touro Law Center

Planetizen Blog Posts- First Half Of 2019, Michael Lewyn

Michael E Lewyn

Op-ed length articles on various land use-related issues.


Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn 2018 Touro Law Center

Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn

Michael E Lewyn

Blog posts on urban issues, mostly related to housing costs.


Do You Believe In Ghost Apartments?, Michael Lewyn 2018 Touro Law Center

Do You Believe In Ghost Apartments?, Michael Lewyn

Michael E Lewyn

According to the popular press, expensive cities are being overrun by "ghost apartments"- condominiums owned by wealthy foreigners, but used as investments rather than being rented out to local residents. This article points out that such apartments are in fact a very small percentage of housing supply, even in some cities that are supposedly overran with such condos.

More importantly, the existence of new “ghost apartments” does not justify exclusionary zoning policies. If a city popular with foreign investors discourages construction of new housing, investors are likely to purchase older housing units, outbidding local residents for those units. In this ...


Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts 2018 University of Houston Law Center

Housing, Healthism, And The Hud Smoke-Free Policy, Dave Fagundes, Jessica L. Roberts

NULR Online

No abstract provided.


Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris 2018 Allard School of Law at the University of British Columbia

Regulating Short-Term Accommodation Within Condominium, Douglas C. Harris

Faculty Publications

Owning land within condominium, or strata property as it is known in British Columbia, includes holding an individual strata lot, a share of the common property, and the right to participate in governing the uses of the private and common property. Owners participate in governing through membership and voting rights in a strata corporation which has the responsibility to maintain the common property and the authority to establish bylaws that restrict the use of the common and private property. The corollary of membership and a voice in the affairs of the strata corporation is a duty to accept its governing ...


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