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Bailment Or Lease: A Legal And Economic Analysis, Wei Zhang 2010 University of California - Berkeley

Bailment Or Lease: A Legal And Economic Analysis, Wei Zhang

Wei Zhang

When customers temporarily deposit their personal properties with a business which collects a fee, either directly or by incorporating the charge into the price of its goods or services (such as a locker at the supermarket, a parking garage, or a bank safe deposit box), it has long been disputed whether a bailment or a lease contract arises between the two parties. In this paper, I tried to approach this problem from a law and economics perspective. Efficiency-oriented judges should establish rules motivating parties to take optimal precautions to minimize the social costs associated with the loss of the property ...


Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois 2010 New York, NY

Pearson, Iqbal, And Procedural Judicial Activism, Goutam U. Jois

Goutam U Jois

In its most recent term, the Supreme Court decided Pearson v. Callahan and Ashcroft v. Iqbal, two cases that, even at this early date, can safely be called “game-changers.” What is fairly well known is that Iqbal and Pearson, on their own terms, will hurt civil rights plaintiffs. A point that has not been explored is how the interaction between Iqbal and Pearson will also hurt civil rights plaintiffs. First, the cases threaten to catch plaintiffs on the horns of a dilemma: Iqbal says, in effect, that greater detail is required to get allegations past the motion to dismiss stage ...


Book Review: Dan Immergluck, Foreclosed: High-Risk Lending, Deregulation, And The Undermining Of America’S Mortgage Market, David J. Reiss 2010 Brooklyn Law School

Book Review: Dan Immergluck, Foreclosed: High-Risk Lending, Deregulation, And The Undermining Of America’S Mortgage Market, David J. Reiss

David J Reiss

This is a book review of Dan Immergluck, FORECLOSED: HIGH-RISK LENDING, DEREGULATION, AND THE UNDERMINING OF AMERICA’S MORTGAGE MARKET (Cornell University Press 2009).


"How Did This Happen To Me?": The Ugly Truth About Real Estate Scams, Valerie Uribe 2010 Loyola University Chicago, School of Law

"How Did This Happen To Me?": The Ugly Truth About Real Estate Scams, Valerie Uribe

Public Interest Law Reporter

No abstract provided.


Will The Current Economic Crisis Fuel A Return To Racial Policies That Deny Homeownership Opportunity And Wealth?, Marcia Johnson 2010 American University Washington College of Law

Will The Current Economic Crisis Fuel A Return To Racial Policies That Deny Homeownership Opportunity And Wealth?, Marcia Johnson

The Modern American

No abstract provided.


Slums, Slumdogs, And Resistance, Tayyab Mahmud 2010 American University Washington College of Law

Slums, Slumdogs, And Resistance, Tayyab Mahmud

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain 2010 American University Washington College of Law

Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain

Human Rights Brief

No abstract provided.


Annual Report 2009-2010: Opening Doors, Funding Possibilities, California Housing Finance Agency 2010 Golden Gate University School of Law

Annual Report 2009-2010: Opening Doors, Funding Possibilities, California Housing Finance Agency

California Agencies

No abstract provided.


Complaint, Nikolich Et Al V. The Village Of Arlington Heights Illinois, 870 F.Supp.2d 556, Docket No. 1:10-Cv-07395 (Northern District Of Illinois 2012), Allison Bethel, John Marshall Law School Fair Housing Legal Clinic 2010 John Marshall Law School

Complaint, Nikolich Et Al V. The Village Of Arlington Heights Illinois, 870 F.Supp.2d 556, Docket No. 1:10-Cv-07395 (Northern District Of Illinois 2012), Allison Bethel, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.


Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore 2010 University of Maryland Francis King Carey School of Law

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Problems In Mortgage Servicing From Modification To Foreclosure: Hearing Before The S. Comm. On Banking, Housing, & Urban Affairs, 111th Cong., Nov. 16, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin 2010 Georgetown University Law Center

Problems In Mortgage Servicing From Modification To Foreclosure: Hearing Before The S. Comm. On Banking, Housing, & Urban Affairs, 111th Cong., Nov. 16, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin

Testimony Before Congress

The mortgage foreclosure process is beset by a variety of problems. These range from procedural defects (including, but not limited to robosigning) to outright counterfeiting of documents to questions about the validity of private-label mortgage securitizations that could mean that these mortgage-backed securities are not actually backed by any mortgages whatsoever. While the extent of these problems is unknown at present, the evidence is mounting that it is not limited to one-off cases, but that there may be pervasive defects throughout the foreclosure and securitization processes.

The problems in the mortgage market are highly technical, but they are extremely serious ...


Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri 2010 University of Missouri School of Law

Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri

Faculty Publications

The Fair Housing Act makes it illegal to publish discriminatory housing advertisements. This has long been applied to newspapers, which have effectively screened all discriminatory housing ads from sight. However, in 1996 Congress created a loophole when it immunized website operators from liability for the content posted to their sites by third parties. Without publisher liability, websites have no incentive to screen out discriminatory housing ads. The result is that such ads are proliferating in cyberspace.While this situation is problematic from a fair housing standpoint, it presents a valuable opportunity. For the first time in a generation discriminatory housing ...


Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Privatopia In Distress: The Impact Of The Foreclosure Crisis On Homeowners’ Associations, Casey Perkins

Nevada Law Journal

Part I of this Note provides an introduction to HOAs, the foreclosure crisis, and the resulting recession that currently threaten many associations' financial stability. Part I begins with a discussion of the rise of common interest communities in the United States, as well as basic association functions. Following this historical introduction is a discussion of the foreclosure crisis and an overview of the severity of this crisis in Nevada.

Part II introduces the problems faced by HOAs across the country because of the foreclosure crisis. These problems fall into two general categories, budget shortfalls and physical deterioration of abandoned properties ...


Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico 2010 New York Law School

Looking Back And Looking Ahead As The Home Mortgage Disclosure Act Turns Thirty-Five: The Role Of Public Disclosure Of Lending Data In A Time Of Financial Crisis, Richard D. Marsico

Articles & Chapters

This article examines the history of the Home Mortgage Disclosure Act (HMDA) and makes proposals for improving it to help prevent another economic crisis. Passed in 1975, HMDA requires most lenders to disclose information about their home mortgage loans, including the number of home mortgage applications it received; the purpose of each application; the type of loan; the decision on the application; the race, gender, and income of the loan applicant/borrower; the location of the loan and the median income and racial composition of the neighborhood; and the interest rate on the loan. HMDA was originally conceived of as ...


Robo-Signing, Chain Of Title, Loss Mitigation, And Other Issues In Mortgage Servicing: Hearing Before The Subcomm. On Hous. And Cmty. Opportunity Of The H. Fin. Serv. Comm., 111th Cong., Nov. 18, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin 2010 Georgetown University Law Center

Robo-Signing, Chain Of Title, Loss Mitigation, And Other Issues In Mortgage Servicing: Hearing Before The Subcomm. On Hous. And Cmty. Opportunity Of The H. Fin. Serv. Comm., 111th Cong., Nov. 18, 2010 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin

Testimony Before Congress

The US is now in its forth year of a mortgage crisis in which over 3 million families have lost their homes and another 2.5 million are currently scheduled to lose theirs. Repeated government loan modification or refinancing initiatives have failed miserably. To this sad state of affairs, there now come a variety of additional problems: faulty foreclosures due to irregularities ranging from procedural defects (including, but not limited to robosigning) to outright counterfeiting of documents; predatory servicing practices that precipitate borrower defaults and then overcharge for foreclosure services that are ultimately paid for by investors; and questions about ...


Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons 2010 University of Florida Levin College of Law

Equal Protection And Aesthetic Zoning: A Possible Crack And A Preemptive Repair, Dawn E. Jourdan, Louis G. Tassinary, Russ Parsons

UF Law Faculty Publications

In Village of Willowbrook v. Olech, the property owner alleged "the Village intentionally demanded a 33-foot easement as a condition of connecting her property to the municipal water supply where the Village required only a 15-foot easement from other similarly situated property owners." The complaint further described the village's demand as "irrational and wholly arbitrary." According to the Seventh Circuit, the property owner could allege an equal protection violation by asserting the state's action was motivated solely by a "spiteful effort to 'get' him for reasons wholly unrelated to any legitimate state objective." On appeal, the Supreme Court ...


Transparency In Lending In The United States And The United Kingdom: Which Business Model Does It Best, Mara Hart 2010 Northwestern Pritzker School of Law

Transparency In Lending In The United States And The United Kingdom: Which Business Model Does It Best, Mara Hart

Northwestern Journal of International Law & Business

The recent downturn of the global economy, spurred in large part by an unparalleled housing crisis and credit crunch in the United States and abroad, cannot be practicably understood or explained by an examination of isolated factors. Although the impact of the economic downturn has been felt globally, many blame the meltdown of the U.S. subprime mortgage market for their individual country's woes. Therefore, the mortgage regulatory scheme in the United States, in terms of lending practices and housing policies, is an important place to begin an inquiry into the origins of the global crisis. In order to ...


Green Cards For Foreign House Buyers: A Way To Help Stabilize Housing Prices, Gregory S. Crespi 2010 Southern Methodist University, Dedman School of Law

Green Cards For Foreign House Buyers: A Way To Help Stabilize Housing Prices, Gregory S. Crespi

Faculty Scholarship

The continuing decline in US housing prices is making it difficult to effectively address our nation’s financial and economic problems. Any measures that would serve to help stabilize housing prices without requiring substantial government expenditures merit serious consideration. Richard Lefrak and Gary Shilling have recently set forth in the Wall Street Journal the broad outlines of a proposed change in immigration law that would confer conditional residency and eventually permanent residency upon foreign purchasers of US houses. In this article I present and discuss a modified version of their proposal that is more comprehensive and that seeks to avoid ...


First Principles For And Effective Federal Housing Policy, David Reiss 2010 Brooklyn Law School

First Principles For And Effective Federal Housing Policy, David Reiss

Faculty Scholarship

No abstract provided.


Landlords Of Last Resort: Should The Government Subsidize The Mortgages Of Privately-Owned, Small Multifamily Buildings?, David Reiss 2010 Brooklyn Law School

Landlords Of Last Resort: Should The Government Subsidize The Mortgages Of Privately-Owned, Small Multifamily Buildings?, David Reiss

Faculty Scholarship

No abstract provided.


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