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Articles 211 - 240 of 252

Full-Text Articles in Housing Law

Three Proposals For Regulating The Distribution Of Home Equity, Ian Ayres, Joshua Mitts Jan 2014

Three Proposals For Regulating The Distribution Of Home Equity, Ian Ayres, Joshua Mitts

Faculty Scholarship

The Consumer Financial Protection Bureau’s recently-released “qualified mortgage” rules effectively discourage predatory lending but miss an equally important source of systemic risk: low-equity clustering. Specific “volatility-inducing” mortgage terms, when present in a substantial cluster of mortgage contracts, exacerbate macroeconomic risk by increasing the chance that the housing and lending markets will have to absorb a wave of simultaneous defaults after a downturn in housing prices. This Article shows that these terms became prevalent in a substantial proportion of residential mortgages in the years leading up to the home mortgage crisis. In contrast, during the earlier “amortization era” (when mortgagors were …


The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore Nov 2013

The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore

Seattle Journal for Social Justice

No abstract provided.


G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore Nov 2013

G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore

Seattle Journal for Social Justice

No abstract provided.


Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan Nov 2013

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.


Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young Nov 2013

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.


Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber Nov 2013

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.


Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi Nov 2013

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.


About The Authors Nov 2013

About The Authors

Seattle Journal for Social Justice

No abstract provided.


Table Of Contents Nov 2013

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


Introduction, Jacqueline Mcmurtrie Nov 2013

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.


Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson Nov 2013

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.


Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz Nov 2013

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.


Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman Nov 2013

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.


Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns Nov 2013

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.


Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins Nov 2013

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.


Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee Nov 2013

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


Consumerism And Land Sales , Leonard Levin Jan 2013

Consumerism And Land Sales , Leonard Levin

Pepperdine Law Review

No abstract provided.


Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas Jan 2012

Insurance And Cultural Perspectives On Katrina, Jeffrey E. Thomas

Faculty Works

No abstract provided.


Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer Jun 2011

Cohabitation And The Restatement (Third) Of Restitution & Unjust Enrichment, Candace Saari Kovacic-Fleischer

Washington and Lee Law Review

The Restatement (Third) of Restitution & Unjust Enrichment clarified and modernized a field that had become muddled since the publication of the Restatement (First) in 1937. One area of modernization relates to the changes in law towards women, particularly changes in law toward female cohabitants. Published in 2011, the Restatement (Third) added a new Section 28, which rejected the view that it would be immoral for one cohabitant to bring suit against the other, and relaxed the restriction on recovery in unjust enrichment for “gratuitous” contributions. This Article reviews societal and legal changes for women since 1937 and notes that, …


The Extent To Which "Yellowstone Injunctions" Apply In Favor Of Residential Tenants: Who Will See Red, Who Can Earn Green, And Who May Feel Blue?, Mark C. Dillon Apr 2011

The Extent To Which "Yellowstone Injunctions" Apply In Favor Of Residential Tenants: Who Will See Red, Who Can Earn Green, And Who May Feel Blue?, Mark C. Dillon

Cardozo Public Law, Policy & Ethics Journal

Difficulties in the residential and commercial real estate markets have caused an influx of cases in the New York State courts through which banks seek the foreclosure of delinquent mortgages and landlords seek the eviction of tenants that are in default of rent payment obligations.

New York State has long recognized 'Yellowstone injunctions" in the context of commercial leases, where tenants have been permitted to preemptively obtain court orders enjoining their landlords fom terminating breached leases. The concept is named after its case oforigin, First National Stores, Inc. v. Yellowstone Shopping Center, Inc., which was decided by the state's …


Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart Oct 2010

Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart

Cardozo Public Law, Policy & Ethics Journal

This note examines the effectiveness of judicial receiverships as a last-resort remedy in institutional reform litigation, particularly in the context of prison systems. It argues that the success of receiverships depends on the court's ability to supervise effectively and ensure the receiver's independence from political influence. The analysis highlights that appointing executive agents as receivers often leads to conflicts of interest, undermining the remedy's effectiveness, and emphasizes the need for robust supervisory structures, such as Special Masters, to ensure accountability and alignment with court objectives.


Toa Construction Co., Inc. V. Tsitsires, Jessica Tong Jan 2009

Toa Construction Co., Inc. V. Tsitsires, Jessica Tong

NYLS Law Review

No abstract provided.


How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre Jan 2009

How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre

NYLS Law Review

No abstract provided.


Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti Jan 2009

Overstaying Your Welcome: The Martin Act And Post-Effective-Date Tenants, Kristopher Ferranti

NYLS Law Review

No abstract provided.


Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton Jan 2008

Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton

NYLS Law Review

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes Jan 2008

Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes

NYLS Law Review

No abstract provided.


Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo Jan 2008

Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo

NYLS Law Review

No abstract provided.


If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, Mary Zulack Jan 2007

If You Prompt Them, They Will Rule: The Warranty Of Habitability Meets New Court Information Systems, Mary Zulack

Faculty Scholarship

A recent conference on housing rights invited participants to think about the impacts, actual and potential, of the judge-made doctrine of the implied warranty of habitability in residential tenancies. This essay focuses on the warranty, and suggests establishing technology systems for judges to help them give new
life to the doctrine and thereby to accelerate actual repair of rental housing through court mandates.

The conference attendees seemed to agree that when trial judges are presented with claimed breaches of the warranty of habitability, they have not, on the whole, used the doctrine to order that repairs actually be effectuated. They …