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The "Publicization" Of Private Space, Sarah B. Schindler 2018 University of Maine School of Law

The "Publicization" Of Private Space, Sarah B. Schindler

Faculty Publications

Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a ...


The Taxation Of Trust Property, Robert C. Brown 2017 Indiana University School of Law

The Taxation Of Trust Property, Robert C. Brown

Robert C. Brown

No abstract provided.


The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown 2017 Indiana University School of Law

The Taxation Of Real Estate Subject To Mortgage And Other Incumbrances, Robert C. Brown

Robert C. Brown

The purpose of this paper is to examine the method of taxing real estate which is affected by incumbrances-either physical or legal. In particular, it is desired to consider the situation where the incumbrance is a mortgage or otherwise purely for security. And particular consideration is to be given to the propriety of taxing as real estate the interest of a non-resident mortgagee or similar incumbrancer in land within the jurisdiction.


Personal Property Taxation In Kansas, By The Kansas Legislative Council Research Department, Robert C. Brown 2017 Indiana University School of Law

Personal Property Taxation In Kansas, By The Kansas Legislative Council Research Department, Robert C. Brown

Robert C. Brown

No abstract provided.


Park's Cases On Mortgages, Robert C. Brown 2017 Selected Works

Park's Cases On Mortgages, Robert C. Brown

Robert C. Brown

No abstract provided.


Assessment Of Certain Classes Of Real Estate Under Depression Conditions, Robert C. Brown 2017 Indiana University School of Law

Assessment Of Certain Classes Of Real Estate Under Depression Conditions, Robert C. Brown

Robert C. Brown

No abstract provided.


Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn 2017 Centre for Energy and Natural Resources Law, Deakin Law School, Australia

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is ...


Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The NRS 108.245(1) actual notice exception does not apply to offsite work and services when no onsite work has been performed on the property.


Foreword, Patricia A. McCoy 2017 Boston College Law School

Foreword, Patricia A. Mccoy

Boston College Journal of Law & Social Justice

In the wake of the financial crisis, mortgage lending to lower-income and minority borrowers overcorrected and has not recovered. Although homeownership is a riskier investment than previously realized, still it remains a proven path to increased wealth on balance for lower-income households. There are a number of reasonable reforms that could achieve greater access to credit while containing default risk. These include strategies to reduce down payments safely and to keep monthly payments manageable, combined with fixed-rate loans. Prepurchase counseling is important to preparing applicants for the financial demands of homeownership and strengthening their credit histories, while rapid foreclosure prevention ...


Discussion Of Papers On Cyclicality In Mortgage Markets, Edward J. Kane 2017 Boston College

Discussion Of Papers On Cyclicality In Mortgage Markets, Edward J. Kane

Boston College Journal of Law & Social Justice

The mortgage market can be portrayed as a complicated machine that processes information and disinformation to help lenders and would-be homeowners to fashion an enforceable and fair set of mutual obligations. The papers in this symposium issue focus on ameliorating cyclical speed-ups and slowdowns in the lender-operated parts of this machine. My discussion focuses on two issues: (1) how transitioning to a gig economy is changing household needs for owner-occupied and rental homes across different age groups; and (2) how to use the legal system to lessen the informational disadvantage that would-be homeowners face in understanding the deals they are ...


Why Cyclicality Matters To Access To Mortgage Credit, Patricia A. McCoy, Susan M. Wachter 2017 Boston College Law School

Why Cyclicality Matters To Access To Mortgage Credit, Patricia A. Mccoy, Susan M. Wachter

Boston College Journal of Law & Social Justice

Virtually no attention has been paid to the problem of cyclicality in debates over access to mortgage credit, despite its importance as a driver of tight credit. Housing markets are prone to booms accompanied by bubbles in mortgage credit in which lenders cut underwriting standards, leading to elevated loan defaults. During downturns, these cycles artificially impede access to mortgage credit for underserved communities. During upswings, these cycles make homeownership unnecessarily precarious for many who attain it. This volatility exacerbates wealth and income disparities by ethnicity and race. The boom-bust cycle must be addressed in order to assure healthy and sustainable ...


Mortgage Supply Chain Failure And Innovation, Lisa Davis 2017 Pembrook Capital Management LLC

Mortgage Supply Chain Failure And Innovation, Lisa Davis

Boston College Journal of Law & Social Justice

The standard mortgage supply chain is so costly and inefficient that large national banks have dramatically scaled back their provision of mortgages to low- and moderate-income households. Absent regulatory requirements, subsidy, improvement in the way the mortgage supply chain works, or maybe all three, low- and moderate-income households will continue to be underserved by those banks with the largest share of the mortgage market. A number of factors contribute to this problem, including expensive marketing costs and commissions, as well as the obsolete, paper-based technology for loan production. Arguably, the national banking system has never excelled at providing fairly priced ...


Waiting For Homeownership: Assessing The Future Of Homeownership, Jonathan Spader, Christopher Herbert 2017 Joint Center on Housing Studies of Harvard University

Waiting For Homeownership: Assessing The Future Of Homeownership, Jonathan Spader, Christopher Herbert

Boston College Journal of Law & Social Justice

The decade-long decline in the homeownership rate in the United States has generated substantial discussion over its future path. In the face of continued uncertainty, this Article seeks to assess what we know and do not know about the sources of the decline and the likely trajectory of the homeownership rate in coming years. The analyses use the Annual Social and Economic Supplement (ASEC) of the Current Population Survey for 1985 to 2015 to examine the determinants of changes in the homeownership rate, using shift-share analyses to measure the extent to which changing demographics explain the observed changes. The results ...


Quantifying The Tightness Of Mortgage Credit And Assessing Policy Actions, Laurie S. Goodman 2017 Urban Institute

Quantifying The Tightness Of Mortgage Credit And Assessing Policy Actions, Laurie S. Goodman

Boston College Journal of Law & Social Justice

This Article quantifies the dramatic tightening of mortgage credit that has occurred in the post-crisis period. It then describes the policy actions to loosen the credit box taken to date by both the government sponsored enterprises (GSEs) and their regulator, the Federal Housing Finance Agency (FHFA), as well as those taken by the Federal Housing Administration (FHA), concluding the FHA still has some important actions it has yet to undertake. Finally, the consequences of tight credit are discussed: namely, a lower home ownership rate, particularly among minorities, leaving many unable to access what has historically been the single most powerful ...


Expanding The Mortgage Credit Box: Lessons From The Community Advantage Program, Roberto G. Quercia, Sarah Riley 2017 University of North Carolina at Chapel Hill

Expanding The Mortgage Credit Box: Lessons From The Community Advantage Program, Roberto G. Quercia, Sarah Riley

Boston College Journal of Law & Social Justice

The Great Recession has raised concerns about the promotion of homeownership to low- and moderate-income families. The subprime credit boom of the early 2000s was replaced with an overall credit retrenchment. The reforms to the housing finance system, begun with the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, remain incomplete given the uncertain future of the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”). In light of this uncertainty, can or should homeownership continue to be supported, and if so, in what way? In this paper, we examine one ...


One Mortgage: A Model Of Success For Low-Income Homeownership, Clark L. Ziegler, Elliot Schmiedl, Thomas Callahan 2017 Massachusetts Housing Partnership

One Mortgage: A Model Of Success For Low-Income Homeownership, Clark L. Ziegler, Elliot Schmiedl, Thomas Callahan

Boston College Journal of Law & Social Justice

A 1989 report by the Federal Reserve Bank of Boston identified major racial disparities in mortgage lending in the City of Boston that could not be explained by income, credit scores, or other objective underwriting factors. In response, city and state officials, community organizations, and major banking institutions joined together in 1990 to design and launch what is now the Massachusetts ONE Mortgage program. The program is built around a low down payment mortgage loan with discounted interest rates, a state funded loan loss reserve that eliminates the need for mortgage insurance, retention of servicing and credit risk by the ...


The Housing Market Cannot Fully Recover Without A Robust Rental Policy, Michael A. Stegman 2017 Bipartisan Policy Center

The Housing Market Cannot Fully Recover Without A Robust Rental Policy, Michael A. Stegman

Boston College Journal of Law & Social Justice

There is no one explanation for why access to mortgage credit remains so tight this far into the housing recovery, nor is there a consensus on why our national homeownership rate has fallen to a fifty-year low, but one thing is clear: the homeownership and rental markets are two sides of the same coin. As such, policymakers must understand that pressures and problems in one have implications for the other. As we disentangle and address the interwoven causes of our credit access and homeownership challenges, we do have a set of affordable rental policies and programs, proven effective and informed ...


The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber 2017 La Salle University

The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber

Economic Crime Forensics Capstones

Being able to seize property without a criminal conviction has become a hot button topic in periodical and academic papers. The Civil Asset Forfeiture program gave law enforcement the ability to seize “guilty” property, which can be defined as contraband, proceeds from criminal activity, or tools and instrumentalities used in the commission of a crime, without a criminal conviction on the part of the owner. Numerous academic authors and journalists have called for reform, racial unfairness, and targeting of lower earning communities. However, the majority of data regarding the Civil Asset Forfeiture program is qualitative in nature with few quantitative ...


Inclusionary Takings Legislation, Gerald Dickinson 2017 Villanova University Charles Widger School of Law

Inclusionary Takings Legislation, Gerald Dickinson

Villanova Law Review

No abstract provided.


Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez 2017 Barry University School of Law

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.


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