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Articles 1 - 15 of 15
Full-Text Articles in Law
Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack
Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack
Faculty Publications
The Three and a Half Minute Transaction: Boilerplate and the Limits of Contractual Design, by Mitu Gulati and Robert E. Scott, is a cautionary tale about modern legal practice where the protagonist is the standard sovereign debt contract. The book discloses an undeniable flaw in sovereign bond boilerplate (the widely used pari passu clause) that, in spite of expensive, sophisticated lawyering, perpetuates a risky disconnect between party intent and contract terms. The fact that boilerplate terms persist even in elite sovereign-lending practices suggests that the problem of over-reliance on standard form language is ubiquitous.When contract terms diverge from client risk …
Mers Remains Afloat In A Sea Of Foreclosures, Shelby D. Green
Mers Remains Afloat In A Sea Of Foreclosures, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
Despite the simple premise of the MERS System, opponents--or those simply trying to invalidate or forestall enforcement of their mortgages--have leveled various challenges to MERS's practices and even its basic business model. Taking an aerial view of the challenges, it is possible to discern a certain pattern as one challenge seemed to morph into the next (often following rejection of the earlier one in the courts). Some borrowers have asserted that MERS lacked legal standing to foreclose because it was a mere nominee and not the owner of the note. Even if MERS's legal standing was upheld, borrowers pointed to …
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
UIC Law White Papers
No abstract provided.
Let Us Not Centralise Town Council Services, Tan K. B. Eugene
Let Us Not Centralise Town Council Services, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
With the Government accepting the findings and recommendations of the Ministry of National Development (MND) Town Council Review Report, the focus has now shifted to a “strategic and comprehensive review of town councils (TCs)”. SMU Assistant Professor of Law Eugene Tan was of the opinion that such a move is timely and needed. He said that Singapore should not revert to the pre-1989 situation in which the management and maintenance of public housing estates was HDB’s sole responsibility. Apart from commenting on suggestions raised in the reviews, he also added what he thought should be included in this comprehensive review …
Judicial Deference And Institutional Character: Homeowners Associations And The Puzzle Of Private Governance, Michael C. Pollack
Judicial Deference And Institutional Character: Homeowners Associations And The Puzzle Of Private Governance, Michael C. Pollack
Articles
Much of the study of judicial review of governing institutions focuses on the institutions of public government at the federal, state, and local levels. But the courts' relationship with private government is in critical need of similar examination, and of a coherent framework within which to conduct it. This Article uses the lens of homeowners associations-a particularly ubiquitous form of private government-to construct and employ such a framework. Specifically, this Article proceeds from the premise that judicial deference is less appropriate the more unaccountable a governing institution is, and therefore develops a set of tests for institutional accountability. Applied to …
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
UIC Law Open Access Faculty Scholarship
While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …
Annual Report 2012-2013: Gearing Up, California Housing Finance Agency
Annual Report 2012-2013: Gearing Up, California Housing Finance Agency
California Agencies
No abstract provided.
Plaintiff's Amended Complaint, Gursel V. Chicago Housing Authority Et Al, Docket No. 1:12-Cv-04398 (Northern District Of Illinois Jun 06, 2012), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Plaintiff's Amended Complaint, Gursel V. Chicago Housing Authority Et Al, Docket No. 1:12-Cv-04398 (Northern District Of Illinois Jun 06, 2012), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Plaintiff's Complaint For Injunctive And Other Relief, Selfreliance Ukrainian American V. Windsor Point Condominium, Docket No. 2013-Ch-17748 (Ill. Cir. Ct. July 26, 2013), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Plaintiff's Complaint For Injunctive And Other Relief, Selfreliance Ukrainian American V. Windsor Point Condominium, Docket No. 2013-Ch-17748 (Ill. Cir. Ct. July 26, 2013), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Grandma In The White House: Legal Support For Intergenerational Caregiving, Jessica Dixon Weaver
Grandma In The White House: Legal Support For Intergenerational Caregiving, Jessica Dixon Weaver
Faculty Journal Articles and Book Chapters
Marian Robinson’s status as the live-in First Grandmother is an example of a growing trend in the United States - the multigenerational family. The 2010 United States Census Data reflects that the number of households with multiple generations living under one roof has increased by 25% this decade. Mrs. Robinson also reflects another new development in American families: grandparents helping their adult children with caregiving. More than 70% of grandparents are taking care of their grandkids on a regular basis, and 13% are primary caretakers. Many grandparents treat their role as caregiver like a profession, and they sacrifice jobs, residences, …
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Vanderbilt Law School Faculty Publications
The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form also occurs both within the urban core and region-wide. Exclusionary zoning at the sub-local and regional scales results in property values that fully capitalize the benefits of living in higher-wage regions, and the value of local public goods (like high-quality schools). Lower-income households then cannot meaningfully access those advantages, even if every municipality accommodates its fair share of regional need. The long-standing focus of exclusionary zoning on the content …
Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused
Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused
Articles & Chapters
No abstract provided.
Sharing The Wealth, James J. Kelly Jr.
Sharing The Wealth, James J. Kelly Jr.
Journal Articles
This review of the textbook, "Community Economic Development Law" (Aspen 2013), written by Susan Bennett, Brenda Bratton Blom, Louise Howells and Deborah Kenn, appeared in the Vol. 22, No.1 issue of the Journal of Affordable Housing and Community Economic Development Law.
The Rebirth Of The Neighborhood, J. Peter Byrne
The Rebirth Of The Neighborhood, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This essay argues that new urban residents primarily seek a type of community properly called a neighborhood. “Neighborhood” refers to a legible, pedestrian-scale area that has an identity apart from the corporate and bureaucratic structures that dominate the larger society. Such a neighborhood fosters repeated, casual contacts with neighbors and merchants, such as while one pursues Saturday errands or takes children to activities. Dealing with independent local merchants and artisans face-to-face provides a sense of liberation from large power structures, where most such residents work. Having easy access to places of sociability like coffee shops and bars permits spontaneous “meet-ups,” …
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …