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Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias 2015 University of San Francisco, School of Law

Maximizing Inclusionary Zoning’S Contributions To Both Affordable Housing And Residential Integration, Tim Iglesias

Tim Iglesias

Inclusionary zoning is a popular policy that can uniquely serve both affordable housing and fair housing goals at the same time. Assuming the U.S. Department of Housing and Urban Development finalizes its proposed “Affirmatively Furthering Fair Housing” regulation, inclusionary zoning will become more broadly used. But more extensive use of inclusionary zoning poses both opportunities and risks for housing advocates because of the following three issues: (1) Unacknowledged tradeoffs between affordable housing and fair housing goals in inclusionary zoning design and implementation; (2) Conflicting concepts of residential integration; and (3) Legal challenges to inclusionary zoning. The challenge facing inclusionary ...


¿En Que Se Parecen Rodolfo Orellana Y La Mafia Que Trafica Con Terrenos Ajenos Al Proyecto De Ley Que Pretende Modificar El Articulo 2014° Cc? A Propósito De La Fe Pública Registral Frente A La Falsificación De Documentos Y Suplantación De Identidad, Alan A. Pasco Arauco 2015 Universidad San Marcos

¿En Que Se Parecen Rodolfo Orellana Y La Mafia Que Trafica Con Terrenos Ajenos Al Proyecto De Ley Que Pretende Modificar El Articulo 2014° Cc? A Propósito De La Fe Pública Registral Frente A La Falsificación De Documentos Y Suplantación De Identidad, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Free Riders On The Firestorm: How Shifting The Costs Of Wildfire Management To Residents Of The Wildland-Urban Interface Will Benefit Our Public Forests, Benjamin Reilly 2015 Boston College Law School

Free Riders On The Firestorm: How Shifting The Costs Of Wildfire Management To Residents Of The Wildland-Urban Interface Will Benefit Our Public Forests, Benjamin Reilly

Boston College Environmental Affairs Law Review

Since the early 1900s, the federal land management agencies—the Forest Service in particular—have focused their wildfire management efforts on suppression. A century of wildfire suppression policy has created a buildup of natural fuels in the Nation’s forests that contribute to larger, more damaging fires today. This, coupled with the rapid development of the Wildland-Urban Interface, makes today’s wildfires a greater threat to human life and property. As a result, the federal government’s annual expenditures for wildfire management have ballooned in recent years. Relying on the billions of tax dollars spent each year to fight wildfire ...


Tax Planning: Foreign Investment In United States Real Property, William H. Newton III 2015 Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern

Tax Planning: Foreign Investment In United States Real Property, William H. Newton Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy 2015 The Catholic University of America, Columbus School of Law

Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy

Catholic University Law Review

Whenever an engagement comes to a premature end, the first question that seems to be asked is: “who gets the engagement ring?” This Comment seeks to answer this question. As societal views regarding marriage and a woman’s role within it began to change in the mid-twentieth century, courts started to recognize engagement rings as conditional gifts that were conditioned upon the marriage actually occurring. Even with this framework, states remain divided on whether fault should be included as part of the analysis in determining which party is entitled to the ring if an engagement ends before marriage occurs. This ...


Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan Meek 2015 University of Akron

Mortgage Foreclosure Proceedings: Where We Have Been And Where We Need To Go, Bryan Meek

Akron Law Review

No abstract provided.


City Of Norwood V. Horney - Much More Than Eminent Domain: A Foreceful Affirmation Of The Independent Authority Of The Ohio Constitution And The Court's Power To Enforce It, Kathleen Trafford 2015 University of Akron

City Of Norwood V. Horney - Much More Than Eminent Domain: A Foreceful Affirmation Of The Independent Authority Of The Ohio Constitution And The Court's Power To Enforce It, Kathleen Trafford

Akron Law Review

No abstract provided.


The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris 2015 Indiana University School of Law - Indianapolis

The Irrelevance Of Nanotechnology Patents, Emily Michiko Morris

Emily Michiko Morris

Once the stuff of science fiction, nanotechnology is now expected to be the next technological revolution, but despite millions of dollars of investment, we still have yet to see the brave new world of cheap energy, cell-specific drug delivery systems, and self-replicating nanobots that nanotechnology promises. Instead, nanotechnology seems to be in a holding pattern, perpetually stuck in the status of “emerging science,” “immature field,” and “new technology” for over three decades now. Why? Professor Mark Lemley and a number of others have suggested that the answer to this puzzling question is simple: nanotechnology differs from the all of the ...


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz 2015 Touro Law Center

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


Canadian Mortgage Law And Prepayment Penalties, Peter Spiro 2015 University of Toronto

Canadian Mortgage Law And Prepayment Penalties, Peter Spiro

Western Journal of Legal Studies

This article illustrates the imbalance of power between the mortgagor and mortgagee, which is particularly apparent for individual mortgagors. Prepayment and due on sale provisions are standard mortgage terms that contribute to this imbalance. Although these clauses purport to operate separately, in reality, both are frequently triggered by the sale of a property; the law of contract suggests that these provisions should not be enforceable. Relevant legislation is lacking in this area and should be reformed to provide more effective consumer protection while acknowledging that banks operate with the goal of maximizing business. A reasonable compromise would involve basing the ...


Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf 2015 Boston College Law School

Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf

Boston College Environmental Affairs Law Review

Horizontal severance deeds separate property rights above and below the surface. Sub-surface rights have typically belonged to mineral estate owners, whereas surface rights above have typically belonged to farmers. In West Virginia, courts have traditionally applied a common law trespass doctrine known as reasonable necessity to account for times when these bifurcated rights clash. The reasonable necessity doctrine in West Virginia has evolved over time as state courts have made it more rigorous by requiring that, in exercising their rights, sub-surface mineral estate owners not substantially burden the surface. The U.S. Court of Appeals for the Fourth Circuit’s ...


Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell 2015 SelectedWorks

Invisible Labor, Invisible Play: Online Gold Farming And The Boundary Between Jobs And Games, Julian Dibbell

Julian Dibbell

When does work become play, and play work? Courts have considered the question in a variety of economic contexts, from student athletes seeking recognition as employees to professional blackjack players seeking to be treated by casinos just like casual players. Here I apply the question to a relatively novel context: that of online gold farming, a gray-market industry in which wage-earning workers, largely based in China, are paid to play online fantasy games (MMOs) that reward them with virtual items their employers sell for profit to the same games’ casual players. Gold farming is clearly a job (and under the ...


The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava 2015 Tel-Aviv University

The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava

Georgia Journal of International & Comparative Law

No abstract provided.


Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet 2015 Southern University Law Center

Super Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Christopher K. Odinet

In a time of limited resources and sluggish economic growth, competition between cities has become palpable, and the race for new investment often dictates the public agenda. To that end, the explosive growth of public-private partnerships between local governments and private investors has resulted in the creation of a myriad of special taxing districts, the purposes of which are limited only by the imagination. Of particular concern has been the growth of certain real estate development-related districts. Although first conceived to fund critical improvements where conventional credit was not available, in more recently years these special districts have been used ...


Making An Offer They Can’T Refuse: Corporate Investment In Africa And The Divestment Of Indigenous Land Rights, Nicholas Dorf 2015 Boston College Law School

Making An Offer They Can’T Refuse: Corporate Investment In Africa And The Divestment Of Indigenous Land Rights, Nicholas Dorf

Boston College International and Comparative Law Review

International investment in African land is booming. In many circumstances, investors target land occupied by indigenous populations without official title. National laws providing protection for the land rights of these indigenous populations have proved rare and ineffective due to the driving need for investment and the perceived impediment to investment such laws create. The international humanitarian legal regime likewise provides an insufficient forum for effective protection. Bilateral investment treaties (BITs) should instead be modified to impose affirmative humanitarian obligations on investing corporations to ensure the preservation of indigenous land rights.


A Dangerous Disappearing Act: Preserving Affordable Housing In The Face Of Maturing Mortgages, Kaitlin J. Brown 2015 Boston College Law School

A Dangerous Disappearing Act: Preserving Affordable Housing In The Face Of Maturing Mortgages, Kaitlin J. Brown

Boston College Journal of Law & Social Justice

By the year 2020, almost all of the affordable housing units created by Sections 221(d)(3) and 226 of the Housing Act of 1937 could disappear. These units were created in the late 1960s in an effort to draw more private equity to the affordable housing market. The federal government entered into contracts with developers, exchanging mortgage subsidies and insurance for affordability clauses in the developers’ mortgages that required a certain percentage of their developments be kept for affordable housing for the life of the mortgage. These mortgages were set for a term of forty years. The country is ...


Is An Apartment A Nuisance?, Michael Lewyn 2015 Touro Law Center

Is An Apartment A Nuisance?, Michael Lewyn

Michael E Lewyn

In an ongoing Texas lawsuit, some homeowners allege that a nearby apartment building will constitute a nuisance. This article asserts that courts should generally reject nuisance claims against multifamily housing, based on the public interest in favor of increased housing supply and infill development.


The Elephant In The Room, Troy B. Albert 2015 Lewis & Clark Law School

The Elephant In The Room, Troy B. Albert

Troy B Albert

Every 15 minutes, a poacher kills an elephant for its ivory. If this rate continues, the African elephant could become extinct in 20 years. Although federal law has strictly regulated the ivory market for several decades, the United States remains one of the largest markets for illegal wildlife products in the world. Because there are little to no enforcement mechanisms or verification processes by which to definitively distinguish legal from illegal ivory after reaching domestic markets, illegal ivory is easily mixed in with legal stocks. New regulations have been promulgated but are they enough?


Mortgage Foreclosure In Buckhead, Terika L. Haynes 2015 Dr. Terika L. Haynes

Mortgage Foreclosure In Buckhead, Terika L. Haynes

Terika L Haynes

The purpose of the quantitative ex post facto study was to determine whether a relationship exists between home occupancy type, purchase price, residency duration, and the incidence of mortgage foreclosure of homeowners residing in single-family residential homes in the eight zip codes (30305, 30309, 30318, 30319, 30324, 30326, 30327, and 30342) within the Buckhead community, a high-income community located in Atlanta, Georgia. The possible relationships were explored and evaluated by conducting an archival analysis to examine the Georgia Public Notice Statewide Database of public foreclosure records, Fulton County Property Assessor records, and Fulton County tax data for 2009. The occupancy ...


Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith 2015 The Catholic University of America, Columbus School of Law

Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith

George P Smith

Abstract

Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation, in today’s post secular society, are—however—subject to wide discussion and debate; for, the term, human dignity, and its preservation, defies universal agreement. Yet its preservation, together with the prevention of indignity, is a guiding principle or at least a vector of force in a wide range of issues ranging from embryo research and assisted reproduction to biomedical enhancement, and the care of the disable and to the dying. In clinical medicine, safeguarding the dignity of the patient is a ...


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