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Full-Text Articles in Law

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn Jan 2017

Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn

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Historically, progressives have opposed restrictive zoning, arguing that by restricting the housing supply to high-end housing, zoning reduces the supply of housing available to lower-income Americans. But recently, some progressives have suggested that new market-rate housing facilitates gentrification and displacement of lower-income renters. This article critically examines that theory.


Luck, Justice And Systemic Financial Risk, John Linarelli Jan 2017

Luck, Justice And Systemic Financial Risk, John Linarelli

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Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from first-time homebuyers to Wall Street financiers, acted in ways beneficial to themselves individually, but which together caused substantial collective harm. Two kinds of risk are at play in complex chains of transactions in financial markets: ordinary market risk and systemic risk. Two moral questions are relevant in such cases. First, from the standpoint of interactional morality, does a person have a moral duty to avoid risk of …


Robocar Risks, Michael Lewyn Jan 2017

Robocar Risks, Michael Lewyn

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Suggests that policymakers should not widen roads or stringently enforce anti-jaywalking laws in order to accommodate autonomous vehicles.


The Obama Administration's Parting Shot, Michael Lewyn Jan 2017

The Obama Administration's Parting Shot, Michael Lewyn

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Discusses the "Housing Development Toolkit", a policy paper on affordable housing issued by the White House in September 2016.


Attacking Smart Growth, Michael Lewyn Jan 2017

Attacking Smart Growth, Michael Lewyn

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Review of The Human City, by Joel Kotkin


(Anti)Poverty Measures Exposed, Francine J. Lipman Jan 2017

(Anti)Poverty Measures Exposed, Francine J. Lipman

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Few economic indicators have more salience and pervasive financial impact on everyday lives in the United States than poverty measures. Nevertheless, policymakers, researchers, advocates, and legislators generally do not understand the details of poverty measure mechanics. These detailed mechanics shape and reshape poverty measures and the too often uninformed responses and remedies. This Article will build a bridge from personal portraits of families living in poverty to the resource allocations that failed them by exposing the specific detailed mechanics underlying the Census Bureau’s official (OPM) and supplemental poverty measures (SPM). Too often, when we confront the problem of poverty, the …


Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson Jan 2017

Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson

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Today’s transactional lawyers perform myriad tasks for their clients, including structuring, drafting, conceptualizing, negotiating, and executing the complex, risky, and often cutting-edge transactions their clients bring to the table. On the other side of that table, often sits another team of sophisticated transactional lawyers. These opposing counsel are armed for battle over every nuance, every word, every representation, every deliverable, and every obligation their client is poised to undertake or agree to. Therefore, modern transactional lawyers must behave as advocates and explore new modes of persuasion. As a response, scholars have begun to propose that transactional lawyers employ methods of …


Committee Proposal: Seaall Diversity And Inclusion Committee, Shamika Dalton Jan 2017

Committee Proposal: Seaall Diversity And Inclusion Committee, Shamika Dalton

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This is a committee proposal that I submitted to the Southeastern Chapter of AALL, which was accepted, to create the first diversity and inclusion committee on the regional level of AALL.


The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn Jan 2017

The Environmentalist Case For Sprawl- And Why It Fails, Michael Lewyn

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Environmentalists generally favor compact, walkable development, because development that reduces automobile use may reduce automobile-related pollution. Defenders of suburban sprawl argue, however, that compact development may actually increase pollution in a variety of ways. This article criticizes the latter argument.,