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Articles 1 - 30 of 62
Full-Text Articles in Law
Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander
Bringing Home The Right To Housing To Advance Urban Sustainability, Lisa Alexander
Lisa T. Alexander
No abstract provided.
Getting It Right: Examining The Local Land Use Entitlement Process In California To Inform Policy And Process, Moira O'Neill, Giulia Gualco-Nelson, Eric Biber
Getting It Right: Examining The Local Land Use Entitlement Process In California To Inform Policy And Process, Moira O'Neill, Giulia Gualco-Nelson, Eric Biber
Eric Biber
California’s housing affordability crisis has rightly received a great deal of attention by state lawmakers, the press, academics, and ordinary Californians. Important questions raised in this discussion are: What laws or regulations might impede housing construction in high-cost areas? What solutions might help reduce those barriers with a minimum impact on other important values, such as environmental protection, public participation, and equitable treatment of low-income communities of color? More specifically, does state environmental law (the California Environmental Quality Act, CEQA), or local land-use regulations, constrain housing development? To help answer that last question, we collected data on all residential development …
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Market Urbanism Blog Posts - First Half Of 2019, Michael Lewyn
Michael E Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn
Do You Believe In Ghost Apartments?, Michael Lewyn
Michael E Lewyn
Non-Enforcement Takings, Timothy M. Mulvaney
Non-Enforcement Takings, Timothy M. Mulvaney
Timothy M. Mulvaney
The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly …
The Neighborhood Veto And Its Discontents, Michael Lewyn
The Neighborhood Veto And Its Discontents, Michael Lewyn
Michael E Lewyn
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Review Of The Fight For Fair Housing: Causes, Consequences And Future Implications Of The 1968 Federal Fair Housing Act, Tim Iglesias
Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Threading The Needle Of Fair Housing Law In A Gentrifying City With A Legacy Of Discrimination, Tim Iglesias
Tim Iglesias
Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes
Super Problems In Superstar Cities, Michael Lewyn, Beth Gazes
Michael E Lewyn
2018 July-December Market Urbanism Blog Posts, Michael Lewyn
2018 July-December Market Urbanism Blog Posts, Michael Lewyn
Michael E Lewyn
Building Community, Still Thirsty For Justice: Supporting Community Development Efforts In Baltimore, Renee Hatcher, Jaime Alison Lee
Building Community, Still Thirsty For Justice: Supporting Community Development Efforts In Baltimore, Renee Hatcher, Jaime Alison Lee
Renee Hatcher
Baltimore is a city of many challenges, but it possesses true communitybased strength. The city’s residents and community organizations are its greatest assets. This article highlights some of the community’s work and how the Community Development Clinic at the University of Baltimore School of Law (CDC) supports this work through its experiential learning curriculum. The challenges facing Baltimore’s communities (systemic disinvestment, structural racism, vacant buildings, unemployment, and the criminalization of poverty, to name a few) existed long before the national media coverage and uprising surrounding the death of Freddie Gray, an unarmed Black man who suffered a fatal spinal injury …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Lisa T. Alexander
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
March-July 2017 Market Urbanism Posts, Michael Lewyn
March-July 2017 Market Urbanism Posts, Michael Lewyn
Michael E Lewyn
The Obama Administration's Parting Shot, Michael Lewyn
The Obama Administration's Parting Shot, Michael Lewyn
Michael E Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
My Planetizen Blog Posts July-August 2017, Michael Lewyn
Michael E Lewyn
Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn
Jan-Feb. 2017 Market Urbanism Posts, Michael Lewyn
Michael E Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Does The Threat Of Gentrification Justify Restrictive Zoning?, Michael Lewyn
Michael E Lewyn
Planetizen Blog Posts September-December 2017, Michael Lewyn
Planetizen Blog Posts September-December 2017, Michael Lewyn
Michael E Lewyn
Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn
Planetizen.Com Blog Posts First Half Of 2017, Michael Lewyn
Michael E Lewyn
2017 Market Urbanism Report Blog Posts, Michael Lewyn
2017 Market Urbanism Report Blog Posts, Michael Lewyn
Michael E Lewyn
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart
Eloisa C Rodríguez-Dod
Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them. This article focuses on the difficulties evacuee renters faced in New Orleans following the disaster. This article discusses legislation and attempted legislation …
The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett
The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy, Susan Bennett
Susan D. Bennett
This Essay discusses how, if one accepts the premises of mobility-based anti-poverty strategies, the geographical parochialism and structural rigidity of the welfare system undermine mobility goals. The Essay also examines the possibility that current trends in housing policy will undercut anti-poverty goals.
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
Just, Smart: Civil Rights Protections And Market-Sensitive Vacant Property Strategies, James J. Kelly Jr.
James J. Kelly Jr.
This essay, prepared for and published by the Center for Community Progress, a national, non-profit intermediary dedicated to developing effective, sustainable solutions to turn vacant, abandoned and problem properties into vibrant places, examines the legal and normative implications of local governments' use of neighborhood real estate market data to strategically focus vacant property remediation tools. I and other writers, such as Frank Alexander, Alan Mallach and Joseph Schilling, have argued for the importance of understanding the economic feasibility of market-based rehabilitation of derelict, vacant houses in making decisions as to how and when to use a variety of code enforcement, …
Growing Inequality And Racial Economic Gaps, Thomas W. Mitchell
Growing Inequality And Racial Economic Gaps, Thomas W. Mitchell
Thomas W. Mitchell
Over the past several decades, economic inequality has grown dramatically in the United States while inter-generational economic mobility has declined, which has challenged the very notion of the "American Dream." In fact, the United States is more economically unequal than most other industrialized countries. Further, there are dramatic and growing racial economic gaps in this country. Despite the Occupy Wall Street Movement, and the various spinoffs it has catalyzed, there has not been any sustained, widespread social movement to address economic inequality in the United States over the course of the past several decades. Furthermore, it is unlikely that a …
Hip-Hop And Housing: Revisiting Culture, Urban Space, Power, And Law, Lisa T. Alexander
Hip-Hop And Housing: Revisiting Culture, Urban Space, Power, And Law, Lisa T. Alexander
Lisa T. Alexander
U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing residents remain in place and to improve those areas. Law-and-economists and staunch integrationists attack place-based lawmaking on economic and social grounds. This Article examines the efficacy of place-based lawmaking through the underutilized prism of culture. Using a sociolegal approach, it develops a theory of cultural collective efficacy as a justification for place-based …
Structural Subjugation: Theorizing Racialized Sexual Harassment In Housing, Kate Elengold
Structural Subjugation: Theorizing Racialized Sexual Harassment In Housing, Kate Elengold
Kate Elengold
2016 Market Urbanism Blog Posts, Michael Lewyn
2016 Market Urbanism Blog Posts, Michael Lewyn
Michael E Lewyn
Deny, Deny, Deny, Michael Lewyn
Deny, Deny, Deny, Michael Lewyn
Michael E Lewyn
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Eviction Court And A Judicial Duty Of Inquiry, Harold J. Krent
Harold J. Krent
ABSTRACT
The Illinois Appellate Court in Draper & Kramer v. King reversed a court ordered eviction on the ground that the tenant likely did not appreciate that she had agreed in a settlement to vacate her residence in addition to paying arrears on rent. In the chaotic environment of eviction court proceedings, tenants too often pledge paying back rent without realizing that, at the same time, they have agreed to be evicted and that the court ordered eviction will follow them for the rest of their lives. In Chicago, at least, the potential for confusion is enhanced because the agreed …
Edilizia Residenziale Convenzionata E Fallimento Della Cooperativa Concessionaria, Valentina Gastaldo
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 …