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Responding To Foreclosures In Cuyahoga County: An Assessment Of Progress, Alan Weinstein, Kathryn Hexter, Molly Schnoke Dec 2015

Responding To Foreclosures In Cuyahoga County: An Assessment Of Progress, Alan Weinstein, Kathryn Hexter, Molly Schnoke

Kathryn W. Hexter

In August 2006, Cleveland State University was asked to conduct an initial assessment of the Cuyahoga County Commissioners' Report and Recommendations on Foreclosure that would assist the county in planning for future phases of the project. This report presents the findings of this initial assessment of the first 18 months of the initiative. It documents the process undertaken by the county, assesses the progress made toward reaching goals, identifies successes and concerns, and offers some preliminary recommendations about program operations. It also offers suggestions for a more formal evaluation process going forward


Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan Weinstein, Kathryn Hexter, Molly Schnoke Dec 2015

Responding To Foreclosures In Cuyahoga County: A Pilot Initiative, Interim Report, Alan Weinstein, Kathryn Hexter, Molly Schnoke

Kathryn W. Hexter

The Center for Civic Education and the Cleveland-Marshall College of Law released their report, on May 12, 2008. The report, prepared for the Cuyahoga County Board of Commissioners, is an assessment of the County's comprehensive approach to addressing foreclosures on two levels: 1) Making foreclosure proceedings faster and fairer and 2) Creating an early intervention program to help residents prevent foreclosure.


The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White Dec 2015

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic White

Frederic White Jr

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems established in other states provides possible alternative suggestions for successful operation. Finally, an in-depth analysis of current problems, including inadequate funds and staff, political manipulation and protracted procedural delays, seeks to answer the question of whether the Housing Court will become a meaningful and positive force for change, or simply an "indecisive, inefficient and interminable" bureaucratic nightmare.


The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng Dec 2015

The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng

Michael P. Seng

No abstract provided.


Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson Nov 2015

Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson

Courtney L Anderson

No abstract provided.


Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson Nov 2015

Integrate And Reactivate The 1968 Fair Housing Mandate, Courtney L. Anderson

Courtney L Anderson

No abstract provided.


Impact Fees And Housing Affordability: A Guidebook, Julian Juergensmeyer, A. Nelson Nov 2015

Impact Fees And Housing Affordability: A Guidebook, Julian Juergensmeyer, A. Nelson

Julian C. Juergensmeyer

Impact fees are one-time charges applied to new development. Impact fees are a form of land-use regulation designed to assure that communities maintain adequate levels of public facilities in the face of growth. The resulting revenue generated for the construction or expansion of new facilities is coincidental to their land-use regulatory (i.e. police power) purpose. Were it not for growth many communities would have adequate public facilities and often if growth is at a manageable pace adequate public facilities can be provided concurrent with the impacts of growth. To assure adequate public facilities, impact fees are assessed and dedicated principally …


Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan Oct 2015

Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan

Donald J. Kochan

An organizing principle of the rule of law based on individualism and order is expressed by the Latin maxim nemo dat quod non habet – roughly translated to mean that one can only give what they have or one can only transfer what they own.  Yet when title disputes arise between two or more purchasers, we have accepted pragmatically that exceptions must be made to nemo dat and that, at times, we may have to, in essence, validate fraud and other dirty deeds.  The Article outlines the basic place of the nemo dat principle in our system of law, introduces …


Section 1983 Cases In The October 2004 Term, Martin A. Schwartz Oct 2015

Section 1983 Cases In The October 2004 Term, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Housing Law Training, Alan Minuskin Sep 2015

Housing Law Training, Alan Minuskin

Alan D. Minuskin

Presentation to the Waltham Alliance to Create Housing.


California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias Aug 2015

California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias

Tim Iglesias

Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.

This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …


Response Brief And Opening Brief Of The Intervening Respondents/Cross-Petitioners, Ho V. Fung, Docket Nos. 08-1763 & 08-2159, 569 F.3d 677 (Seventh Circuit Court Of Appeals 2009), J. Damian Ortiz Aug 2015

Response Brief And Opening Brief Of The Intervening Respondents/Cross-Petitioners, Ho V. Fung, Docket Nos. 08-1763 & 08-2159, 569 F.3d 677 (Seventh Circuit Court Of Appeals 2009), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Response/Reply Brief Of Appellants/Cross-Appellees, Jacob Scoggins V. Lee's Crossing Homeowners, 718 F.3d 262, Docket No. 11-02202 (Seventh Circuit Court Of Appeals 2013), J. Damian Ortiz Aug 2015

Response/Reply Brief Of Appellants/Cross-Appellees, Jacob Scoggins V. Lee's Crossing Homeowners, 718 F.3d 262, Docket No. 11-02202 (Seventh Circuit Court Of Appeals 2013), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Petition For Review Docketed With Proof Of Service, Bracken V. Hud, Docket No. 11-03538 (Seventh Circuit Court Of Appeals 2011), J. Damian Ortiz Aug 2015

Petition For Review Docketed With Proof Of Service, Bracken V. Hud, Docket No. 11-03538 (Seventh Circuit Court Of Appeals 2011), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Complaint, Perea Et Al. V. Granville Terrace Mutual Ownership Trust Et Al., Docket No. 1:14-Cv-08032 (Northern District Of Illinois 2014), J. Damian Ortiz Aug 2015

Complaint, Perea Et Al. V. Granville Terrace Mutual Ownership Trust Et Al., Docket No. 1:14-Cv-08032 (Northern District Of Illinois 2014), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz Aug 2015

Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Second Amended Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz Aug 2015

Second Amended Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Common Law Petition For Writ Of Certiorari, Beasley V. Chicago Commission On Human Relations & Betts Realty (Cook County 2015), J. Damian Ortiz Aug 2015

Common Law Petition For Writ Of Certiorari, Beasley V. Chicago Commission On Human Relations & Betts Realty (Cook County 2015), J. Damian Ortiz

J. Damian Ortiz

No abstract provided.


Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo Jul 2015

Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo

Valentina Gastaldo

L’edilizia convenzionata rappresenta una forma particolare, ma molto comune di edilizia pubblica. L’acuirsi della crisi economica e finanziaria, che negli ultimi anni ha colpito il nostro Paese, ha inevitabilmente dato origine ad innumerevoli problemi durante la fase di realizzazione degli impegni assunti in sede di convenzione. Il saggio si pone l’obiettivo di esaminare l’ipotesi di fallimento della cooperativa concessionaria ed, in particolare, se la sentenza di fallimento comporti l’automatica decadenza della convezione stipulata con l’Amministrazione Comunale. Un ulteriore quesito riguarda, poi, le sorti della convenzione in caso di risoluzione del contratto di locazione stipulato tra la cooperativa fallita ed il …


Explaining The Supreme Court's Fair Housing Decision, Rhonda Fanning Jun 2015

Explaining The Supreme Court's Fair Housing Decision, Rhonda Fanning

Aric Short

No abstract provided.


The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas Jun 2015

The Smart Cities Movement And Advancing The International Battle To Eliminate Homelessness - Barcelona As Test Case, John Travis Marshall, Jessica Venegas

John Travis Marshall

Barcelona is a leader in the smart cities movement, a movement that aims to help cities deliver services to citizens more efficiently and economically as a way of making the city a more inviting and inclusive place to live and work. As with any city committed to forward-looking economic, social, and urban development initiatives, it is important to consider whether ambitious goals to reinvent the city include an agenda to solve the persistent problems that have faced major cities for decades, including affordable housing and caring for roofless or homeless men and women. This article ties together the challenges Barcelona …


Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois Jun 2015

Affordable Housing For Sustainable Cities: A North American Perspective, Detroit Metropolitan Area And Montreal (Quebec), Courtney Lauren Anderson, Maryse Grandbois

Courtney L Anderson

Housing is an integral part to elevating and maintaining a quality of life to ensure a healthy and productive citizenship. The overwhelming number of citizens in Montreal and the United States who are unable to find housing that is less than 33% of their income stifles that economic progression of individuals and the society in which these individuals live. The ability for cities to dictate their own plans for creating and maintaining affordable housing without mandates from the federal vacillates among the various levels of government with each level having certain positive and negative elements. Although city autonomy can provide …


A Layperson's Guide To Fair Housing Law (2014), F. Caruso, Michael Seng, Alison Bethel Jun 2015

A Layperson's Guide To Fair Housing Law (2014), F. Caruso, Michael Seng, Alison Bethel

F. Willis Caruso

Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …


A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel Jun 2015

A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel

Michael P. Seng

Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …


Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), F. Willis Caruso Jun 2015

Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), F. Willis Caruso

F. Willis Caruso

No abstract provided.


Brief For Respondents, City Of Cuyahoga Falls V. Buckeye Community Hope Foundation, 538 U.S. 188 (Supreme Court Of The United States 2003) (No. 01-1269), Michael P. Seng, Et Al Jun 2015

Brief For Respondents, City Of Cuyahoga Falls V. Buckeye Community Hope Foundation, 538 U.S. 188 (Supreme Court Of The United States 2003) (No. 01-1269), Michael P. Seng, Et Al

Michael P. Seng

No abstract provided.


Motion Of The Fair Housing Center Of Metropolitan Detroit For Leave To File Brief Amicus Curiae And Brief Amicus Curiae In Support Of Petitioners, Paschal V. Flagstar Bank, Fsb, 537 U.S. 1227 (Supreme Court Of The United States Of America 2003) (No. 02-961), Michael P. Seng Jun 2015

Motion Of The Fair Housing Center Of Metropolitan Detroit For Leave To File Brief Amicus Curiae And Brief Amicus Curiae In Support Of Petitioners, Paschal V. Flagstar Bank, Fsb, 537 U.S. 1227 (Supreme Court Of The United States Of America 2003) (No. 02-961), Michael P. Seng

Michael P. Seng

No abstract provided.


Amicus Curiae Brief, Simms V. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996) (No. 94-20386), F. Willis Caruso, Michael P. Seng Jun 2015

Amicus Curiae Brief, Simms V. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996) (No. 94-20386), F. Willis Caruso, Michael P. Seng

Michael P. Seng

No abstract provided.


Brief Of The John Marshall Law School Fair Housing Clinic As Amici Curiae In Support Of Defendant, Thomas V. Anchorage Equal Rights Commission, 220 F.3d 1134 (Ninth Circuit Court Of Appeals 2000) (Nos. 97-35220, 97-35221), F. Willis Caruso, Michael P. Seng Jun 2015

Brief Of The John Marshall Law School Fair Housing Clinic As Amici Curiae In Support Of Defendant, Thomas V. Anchorage Equal Rights Commission, 220 F.3d 1134 (Ninth Circuit Court Of Appeals 2000) (Nos. 97-35220, 97-35221), F. Willis Caruso, Michael P. Seng

Michael P. Seng

No abstract provided.


Hate Speech And Enforcement Of The Fair Housing Laws, 29 J. Marshall L. Rev. 409 (1996), Michael P. Seng Jun 2015

Hate Speech And Enforcement Of The Fair Housing Laws, 29 J. Marshall L. Rev. 409 (1996), Michael P. Seng

Michael P. Seng

No abstract provided.