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Articles 301 - 330 of 370
Full-Text Articles in Housing Law
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin
Seattle University Law Review
For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …
Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier
Municipal Predatory Lending Regulation In Ohio: The Disproportionate Impact Of Preemption In Ohio's Cities, Brett Altier
Cleveland State Law Review
Whether in the case of predatory lending or other issues that will differ from location to location, municipalities should continue to protect their cities by exercising their power under the Home Rule Amendment to enforce regulations not in direct conflict with Ohio law. Even though the Framers of the Home Rule Amendment intended to protect municipal power by ensuring that only those ordinances in actual conflict would be voided, Ohio courts have denied municipalities their Home Rule police power by applying a conflict by implication test, contributing to the housing crisis still plaguing Ohio's cities. While Ohio courts have made …
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright
BYU Law Review
No abstract provided.
Acknowledgements, Michel Rosenfeld
You Can Move In But You Can't Stay: To Protect Occupancy Rights After Halprin, The Fair Housing Act Needs To Be Amended To Prohibit Post-Acquisition Discrimination, 42 J. Marshall L. Rev. 751 (2009), Scott N. Gilbert
UIC Law Review
No abstract provided.
Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen
Vindicating The Matriarch: A Fair Housing Act Challenge To Federal No-Fault Evictions From Public Housing, Melissa A. Cohen
Michigan Journal of Gender & Law
Pearlie Rucker, sixty-three years old, had been living in public housing in Oakland, California for thirteen years. Ms. Rucker lived with her mentally disabled adult daughter, Gelinda, as well as two grandchildren and one great-grandchild. Ms. Rucker regularly searched Gelinda's room for signs of drugs, and had warned Gelinda that any drug activity on the premises could result in eviction. Nevertheless, Gelinda was caught with drugs three blocks from the apartment. Despite the fact that Ms. Rucker had no knowledge of Gelinda's drug activity, and in fact had been carefully monitoring what happened in her apartment, the Oakland Housing Authority …
Exclusionary Eminent Domain, David A. Dana
Exclusionary Eminent Domain, David A. Dana
Faculty Working Papers
This Article explores the phenomenon of "exclusionary eminent domain" – the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly or entirely middle-class or wealthy neighborhood or locality, whether or not exclusion itself was the purpose of the condemnation. All condemnations exclude the condemned owner (and his or her tenants, if any) from the condemned property. Exercises of what I am calling "exclusionary eminent domain" are doubly exclusive because the displaced residents are unable to afford new housing in the same neighborhood or locality as their now-condemned, former homes. In exclusionary eminent domain, …
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman
Issue Brief: Overcoming Legal Barriers To The Bulk Sale Of At-Risk Mortgages, Michael S. Barr, James A. Feldman
Other Publications
This memorandum argues that the sale of loans and loan pools to new owners would help to stabilize housing prices, and that such a modification to the REMIC rules would be desirable and well within Congress’ constitutional authority. Furthermore, it would not lead to successful legal claims by investors in securitized loan pools under the Just Compensation or Due Process clauses, which provide the primary constitutional protections for property interests.
Is Chicago's Plan For Transformation Promoting Integration Or Reinforcing Segregation?, 41 J. Marshall L. Rev. 249 (2007), Joe O'Brien
UIC Law Review
No abstract provided.
The Status Of Nollan V. California Coastal Commission And Dolan V. City Of Tigard After Lingle V. Chevron U.S.A., Inc., 40 J. Marshall L. Rev. 539 (2007), David L. Callies, Christopher T. Goodin
The Status Of Nollan V. California Coastal Commission And Dolan V. City Of Tigard After Lingle V. Chevron U.S.A., Inc., 40 J. Marshall L. Rev. 539 (2007), David L. Callies, Christopher T. Goodin
UIC Law Review
No abstract provided.
How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark
How Do You Solve A Problem Like In Kelo?, 40 J. Marshall L. Rev. 609 (2007), Debra Pogrund Stark
UIC Law Review
No abstract provided.
Deconstructing Lingle: Implications For Takings Doctrine, 40 J. Marshall L. Rev. 573 (2007), Dale A. Whitman
Deconstructing Lingle: Implications For Takings Doctrine, 40 J. Marshall L. Rev. 573 (2007), Dale A. Whitman
UIC Law Review
No abstract provided.
From Penn Central To Lingle: The Long Backwards Road, 40 J. Marshall L. Rev. 593 (2007), Richard A. Epstein
From Penn Central To Lingle: The Long Backwards Road, 40 J. Marshall L. Rev. 593 (2007), Richard A. Epstein
UIC Law Review
No abstract provided.
Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm
Why Do Landlords Still Discriminate (And What Can Be Done About It)?, 40 J. Marshall L. Rev. 455 (2007), Robert G. Schwemm
UIC Law Review
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
The Restitutionary Approach To Just Compensation, Tim Kowal
The Restitutionary Approach To Just Compensation, Tim Kowal
ExpressO
In the wake of the Court’s near-total refusal to impose a check on the legislature through the public use clause, this paper discusses whether any confidence in our property rights be restored through the just compensation clause in the form of restitutionary compensation, rather than the traditional, and myopic, “fair market value” standard. This paper discusses the historical presumption against restitution, elucidated through Bauman v. Ross over a century ago, is founded upon (1) the idea that the public should not be made to pay any more than necessary to effect a public project, and (2) the idea that the …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Who Will Redevelop Redevelopment?, Tim Kowal
Who Will Redevelop Redevelopment?, Tim Kowal
ExpressO
Although California’s redevelopment law is among the strictest in the nation, from a layperson’s perspective, redevelopment agencies (RDAs) appear to be no more obstructed from their projects in California as they would be in, say, Connecticut. This article addresses a sort of “tragedy of the commons” problem applied to redevelopment: If redevelopment powers are “over-harvested” such as to instigate serious political revolt against them, they will become barren and useless, and will no longer be available for the purposes for which they were intended and for which they are still needed. Even assuming that redevelopment is efficacious and necessary, redevelopment …
Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp
Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp
ExpressO
Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.
Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp
Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp
ExpressO
By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Conference Report: The New York City Housing Court In The 21st Century: Can It Better Address The Problems Before It?
Cardozo Public Law, Policy & Ethics Journal
On October 28-29, 2004, the Justice Center of the New York County Lawyers' Association (NYCLA), chaired by former Dean of Fordham University School of Law, John Feerick, hosted a conference on the New York City Housing Court, "The New York City Housing Court in the Twenty-First Century: Can It Better Address the Problems Before It?" (the "Conference"). The Conference, occasioned by the court's 30th anniversary, considered how the Housing Court is facing the challenges of the new century, in light of ever-changing social and economic conditions, and whether it is well prepared to meet these challenges in the coming decades. …
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer
Cardozo Public Law, Policy & Ethics Journal
The article advocates for the establishment of a right to counsel for individuals facing eviction in New York City's Housing Court, arguing that such a right is essential for fair legal proceedings, aligns with constitutional principles of due process and equal protection, and is cost-effective in preventing homelessness and reducing societal costs. The author emphasizes that the current system disproportionately disadvantages low-income tenants, who often lack legal representation, and draws on international precedents where such rights are recognized.
Foreword To Conference Report: The New York City Housing Court In The 21st Century: Can It Better Address The Problems Before It?, Ellen Yaroshefsky, Marilyn J. Flood
Foreword To Conference Report: The New York City Housing Court In The 21st Century: Can It Better Address The Problems Before It?, Ellen Yaroshefsky, Marilyn J. Flood
Cardozo Public Law, Policy & Ethics Journal
The New York City Housing Court faces significant challenges in addressing housing disputes, particularly due to the high number of pro se litigants and the intersection of legal and social issues that contribute to homelessness. A 2004 conference brought together diverse stakeholders to examine these challenges and propose reforms, focusing on six key areas: pre-adjudication steps, the adjudicative process, the right to counsel, litigants of diminished capacity, preserving housing stock, and social services. The conference emphasized the need for systemic changes to improve access to justice and efficiency in the court.
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer
Articles & Chapters
No abstract provided.
Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City's Housing Court, Paris R. Baldacci
Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City's Housing Court, Paris R. Baldacci
Cardozo Public Law, Policy & Ethics Journal
The article advocates for a multi-faceted approach to address the challenges faced by pro se litigants in New York City's Housing Court, emphasizing judicial reforms to enhance accessibility and fairness. It proposes measures such as judicial training, relaxed evidentiary rules, and an inquisitorial model to ensure pro se litigants receive equitable treatment without compromising judicial impartiality. The analysis highlights the need for systemic changes to prevent the denial of equal access to justice and calls for legislative and administrative support to implement these reforms effectively.
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.