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Articles 1 - 5 of 5
Full-Text Articles in Law
Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly
Article 27 And Mexican Land Reform: The Legacy Of Zapata's Dream, James J. Kelly
James J. Kelly Jr.
This student note takes an historical look at indigenous land tenure in Mexico and the role that limited alienability has played in sustaining indigenous agriculture from the time of the Aztecs up until the reforms enacted by the Salinas administration in Mexico in the early 1990's. As the piece was in edits, the Zapatista rebellion broke out and the text was amended to note the role that land tenure played in the uprising.
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly Jr.
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly Jr.
James J. Kelly Jr.
No abstract provided.
Inclusionary Housing On A Global Basis, James Kelly
Inclusionary Housing On A Global Basis, James Kelly
James J. Kelly Jr.
This is a book review of Inclusionary Housing in International Perspective: Affordable Housing, Social Inclusion, and Land Value Recapture (2010, Nico Calavita and Alan Mallach, eds.). The book offers a comparative look at land-use based approaches to the creation of affordable housing in a broad range of developed countries. A little less than a sixth of the book is dedicated to the U.S., with special attention given to the development on inclusionary programs in California and New Jersey. The editors then devote a chapter each to Canada, England, Ireland, France, Spain and Italy. The penultimate chapter looks at inclusionary practices …
Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly
Homes Affordable For Good: Covenants And Ground Leases As Long-Term Resale-Restriction Devices, James J. Kelly
James J. Kelly Jr.
Covenants and ground leases have been, and continue to be, used to create shared spaces that are fundamentally, and often invidiously, exclusive. Famously made a dead letter in the case of Shelley v. Kraemer, covenants banning resale to nonwhite households put the force of law behind the segregated birth of America’s suburbs. Today, gated residential communities and shopping malls assure a degree of class exclusivity through covenants and commercial ground leases, respectively. These same legal mechanisms, however, are now deployed to assure long-term inclusion as well. Developers of affordable housing are creating homes that are not only beneficial to the …
Land Trusts That Conserve Communities, James J. Kelly
Land Trusts That Conserve Communities, James J. Kelly
James J. Kelly Jr.
Much has been written about land trusts that conserve wilderness, agriculture or other environmentally beneficial uses that would be threatened by unfettered development. In the context of inner-cities, Community Land Trusts (CLTs) conserve neighborhoods. Like their environmental and agricultural counterparts, CLTs employ use restrictions to prioritize communally beneficial development. Conserving communities, however, requires other legal tools as well. CLTs create and sustain permanently affordable homes to break the market’s bias toward socioeconomic homogeneity. CLTs also make room, literally, for green space, sites of shared culture and other productive activities that the market tends to commercialize or marginalize. By sustaining a …