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Articles 1 - 27 of 27
Full-Text Articles in Law
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
The Living Constitution: Why The Supreme Court Must Part Ways With Exclusionary Eminent Domain, Aaron Mackay
Indiana Law Journal
The Fifth Amendment’s “public use” requirement for takings is no longer a requirement at all. Instead, the meaning of “public use” has been expanded far beyond its original intent and public understanding. The broadening of the “public use” requirement reached its breaking point in Kelo. Since Kelo, state legislatures have responded by restricting eminent domain use to remove “blighted” areas. In effect, contemporary eminent domain reduces the availability of affordable housing, which has exacerbated the affordable housing crisis. This Note explores a constitutionally permissible re-working of the eminent domain doctrine to encourage the provision of affordable housing. Interpreting the “public …
Purchasing Population Growth, Edward W. De Barbieri
Purchasing Population Growth, Edward W. De Barbieri
Indiana Law Journal
State and local lawmakers compete to attract new populations of workers to purchase homes, grow the tax base, and develop local economies. Even before the pandemic, lawmakers used a variety of tax incentives and other legal levers to attract new residents. Increasingly, in some cases bolstered by the Coronavirus Aid, Relief, and Economic Security (CARES) Act funds, local governments are attracting high-paid, well-skilled, remote workers with cash gifts and other direct economic benefits.
Although cash incentives for remote workers have been increasing in popularity, they remain unproven with respect to intended outcomes and have yet to face legal challenge. The …
Domestic Emergency Pretexts, Amy L. Stein
Domestic Emergency Pretexts, Amy L. Stein
Indiana Law Journal
Whereas emergencies used to be the exception to the rule, they now seem to be the norm. Wildfires, hurricanes, flooding, and contagious diseases dominate our daily lives. Although these are not the traditional types of military emergencies of our past, these non-wartime emergencies can trigger some of the same emergency powers. And with their use comes some of the same concerns about abuses of such emergency powers. Much ink has been spilled analyzing the tradeoffs associated with necessary emergency powers and frequent abuses in the context of foreign threats—resulting in reduced privacy, civil liberties, and freedoms.
This Article is not …
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
Indiana Law Journal
In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.
In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …
The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson
The Zoning Straitjacket: The Freezing Of American Neighborhoods Of Single-Family Houses, Robert Ellickson
Indiana Law Journal
Municipal zoning practices profoundly shape urban life in the United States. In regions such as Silicon Valley, regulatory barriers to residential construction have helped raise house prices to roughly ten times the national median. These astronomic prices have prompted some households to move to places, such as Texas, where housing is far cheaper. I have been engaged in an empirical study of zoning practices in Silicon Valley, Greater New Haven, and Greater Austin. This Article presents one of my central findings, induced from those metropolitan areas and elsewhere: local zoning politics typically freezes land uses in an established neighborhood of …
Maintaining Condominiums And Homeowner Associations: How Much Of A Priority?, Stewart E. Sterk
Maintaining Condominiums And Homeowner Associations: How Much Of A Priority?, Stewart E. Sterk
Indiana Law Journal
This Article starts, in Part I, by exploring existing lien priorities, including state variations. Part II analyzes the impact of the recent foreclosure crisis, surveying the case law that has arisen in response to that crisis. Part III focuses on the normative analysis, explaining why legislatures should accord lien priority to associations. Part IV addresses implementation issues.
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider
The Prison To Homelessness Pipeline: Criminal Record Checks, Race, And Disparate Impact, Valerie Schneider
Indiana Law Journal
Study after study has shown that securing housing upon release from prison is critical to reducing the likelihood of recidivism,1 yet those with criminal records— a population that disproportionately consists of racial minorities—are routinely denied access to housing, even if their offense was minor and was shown to have no bearing on whether the applicant would be likely to be a successful renter. In April of 2016, the Office of General Counsel for the United States Department of Housing and Urban Development (HUD) issued much anticipated guidance dealing directly with the racially disparate impact of barring those with criminal records …
How Federal Tax Law Rewards Housing Segregation, Michelle D. Layser
How Federal Tax Law Rewards Housing Segregation, Michelle D. Layser
Indiana Law Journal
INTRODUCTION
I. THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES
A.WHY THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES MATTERS
B. THE LOCATION OF TAX-SUBSIDIZED HOUSING IN AMERICA
1. THE SPATIAL DISTRIBUTION OF MORTGAGE INTEREST DEDUCTION BENEFITS
2. THE SPATIAL DISTRIBUTION OF LOW-INCOME HOUSING TAX CREDIT PROJECTS
II. VISUALIZING THE SPATIAL DISTRIBUTION OF TAX-BASED HOUSING SUBSIDIES
A. THE BIG PICTURE: MAPPING TAX-BASED HOUSING SUBSIDIES
B. A CLOSER LOOK: DESCRIBING TAX-SUBSIDIZED NEIGHBORHOODS
1. NEIGHBORHOODS WITH HIGH SHARES OF MORTGAGE INTEREST DEDUCTION BENEFITS AND FEW LIHTC PROPERTIES
2. NEIGHBORHOODS WITH HIGH NUMBERS OF LIHTC PROPERTIES AND LITTLE MORTGAGE INTEREST DEDUCTION BENEFIT
3. NEIGHBORHOODS IN …
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Zoning As Taxidermy: Neighborhood Conservation Districts And The Regulation Of Aesthetics, Anika S. Lemar
Indiana Law Journal
Over the last thirty years, municipalities across the country have embraced neighborhood conservation districts, regulations that impose design standards at the neighborhood level. Despite their adoption in thirty-five states, in municipalities from Boise to Cambridge, neighborhood conservation districts have evaded critical analysis by legal scholars. By regulating features such as architectural style, roof angle, and maximum eave overhang, conservation districts purport to protect “neighborhood character” or “cultural stability.” Implicit in these regulations is the unsupported assumption that the essential feature of a neighborhood’s character is its architectural design at a single point in time. The unfortunate result is zoning as …
Competition And Crisis In Mortgage Securitization, Michael Simkovic
Competition And Crisis In Mortgage Securitization, Michael Simkovic
Indiana Law Journal
U.S. policy makers often treat market competition as a panacea. However, in the case of mortgage securitization, policy makers’ faith in competition is misplaced. Competitive mortgage securitization has been tried three times in U.S. history— during the 1880s, the 1920s, and the 2000s—and every time it has collapsed. Most recently, competition between mortgage securitizers led to a race to the bottom on mortgage underwriting standards that ended in the late 2000s financial crisis. This Article provides original evidence that when competition was less intense and securitizers had more buyer power, securitizers acted to monitor mortgage originators and to maintain prudent …
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Effective And Constitutional: Goals For A Hurricane Response Plan In The Aftermath Of Hurricanes Katrina And Rita, Neal Mchenry
Indiana Law Journal
No abstract provided.
Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory
Being Reasonable Under The Fair Housing Amendments Act: Allowing Changes In Rent-Admission Policies To Accommodate The Disabled Renter's Economic Status, Abram B. Gregory
Indiana Law Journal
No abstract provided.
Requiring A True Choice In Housing Choice Voucher Programs, Kristine L. Zeabart
Requiring A True Choice In Housing Choice Voucher Programs, Kristine L. Zeabart
Indiana Law Journal
No abstract provided.
Discrimination Against Minorities In The Federal Housing Programs
Discrimination Against Minorities In The Federal Housing Programs
Indiana Law Journal
No abstract provided.
Equal Protection And The Racial Restrictive Covenant: A Reevaluation
Equal Protection And The Racial Restrictive Covenant: A Reevaluation
Indiana Law Journal
No abstract provided.
Necessity Of Complying With Rent Regulations
Necessity Of Complying With Rent Regulations
Indiana Law Journal
Notes and Comments: Rent Control
Home Owner's Rights Versus Industrial Expediency
Home Owner's Rights Versus Industrial Expediency
Indiana Law Journal
Notes and Comments: Nuisance
The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.
The Administration Of Rent Rationing And Price Control Legislation, Luke White, Robert Orbison, Hugh J. Baker Jr.
Indiana Law Journal
Symposium: The Administration of Rent Rationing and Price Control Legislation
Mortgages-Subrogation-Volunteer
The Effect Of The Standard Mortgage Clause In Insurance Policies, Harry P. Cooper Jr.
The Effect Of The Standard Mortgage Clause In Insurance Policies, Harry P. Cooper Jr.
Indiana Law Journal
No abstract provided.
The Original Mortgagor, After Foreclosure Of A First Mortgage, Joseph G. Wood, Richard Oberreich
The Original Mortgagor, After Foreclosure Of A First Mortgage, Joseph G. Wood, Richard Oberreich
Indiana Law Journal
No abstract provided.
Constitutional Law-Mortgage Moratorium
Landlord And Tenant-Estoppel Of Tenant To Deny Landlord's Title
Landlord And Tenant-Estoppel Of Tenant To Deny Landlord's Title
Indiana Law Journal
No abstract provided.
Landlord And Tenant-Peaceable Reentry
Is A Power Of Sale In A Mortgage Valid In Indiana?, Bernard C. Gavit
Is A Power Of Sale In A Mortgage Valid In Indiana?, Bernard C. Gavit
Indiana Law Journal
No abstract provided.
Mortgage Foreclosure, By Charles Hastings Wiltsie, Robert C. Brown
Mortgage Foreclosure, By Charles Hastings Wiltsie, Robert C. Brown
Indiana Law Journal
No abstract provided.