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University of Miami Law School

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Articles 1 - 22 of 22

Full-Text Articles in Housing Law

The Ghost Of Jim Crow: The Human Right To Housing, Generational Wealth, The Neighborhood Homes Investment Act, And The American Legal System, Miranda Guedes Jun 2024

The Ghost Of Jim Crow: The Human Right To Housing, Generational Wealth, The Neighborhood Homes Investment Act, And The American Legal System, Miranda Guedes

University of Miami Race & Social Justice Law Review

No abstract provided.


Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail L. Fleming, Sabrina Payoute, Elissa Klein Jan 2024

Public Health Impacts And Intra-Urban Forced Displacement Due To Climate Gentrification In The Greater Miami Area—Community Lawyering For Environmental Justice And Equitable Development, Theresa Pinto, Abigail L. Fleming, Sabrina Payoute, Elissa Klein

University of Miami Law Review

Because Miami-Dade County is “ground zero” for such climate effects as sea-level rise and increasingly hazardous, climate-driven Atlantic hurricanes, the coral rock ridge that runs along the Eastern coast of South Florida is a prime target for redevelopment and “climate” gentrification. Through a community and movement lawyering for environmental justice approach, we partnered with local community organizations to contribute to the ongoing work of community-driven equitable development. In partnership, we developed an environmental public health study to understand and document the public health effects on disadvantaged communities in Miami-Dade County from forced intra-urban displacement due to redevelopment that is being …


Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot Dec 2021

Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot

University of Miami Inter-American Law Review

This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country’s response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each country is addressing their own unique housing and eviction crises. Finally, this Note will offer recommendations on how each country should modify their housing policies in light of the pandemic in order to comply with international human rights standards.


Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tarst, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo Jun 2021

Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tarst, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo

Articles

This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …


A Tale Of Two Markets: Regulation And Innovation In Post-Crisis Mortgage And Structured Finance Markets, William Wilson Bratton, Adam J. Levitin Jan 2020

A Tale Of Two Markets: Regulation And Innovation In Post-Crisis Mortgage And Structured Finance Markets, William Wilson Bratton, Adam J. Levitin

Articles

This Article takes stock of post-financial crisis regulatory developments to tell a tale of two markets within a political economy of financial regulation. The financial crisis stemmed from excessive risk-taking and dodgy practices in the subprime home mortgage market, a market that owed its existence to private-label securitization. The pre-crisis boom in private label mortgage-backed securities could never have happened, however, without financing from an array of structured products and vehicles created in the capital markets-CDOs, CDO2 s, and SIVs. It was these capital markets products that magnified mortgage credit risk and transmitted it into the financial system's vulnerable nodes. …


Religious Liberty In A Pandemic, Caroline Mala Corbin Jan 2020

Religious Liberty In A Pandemic, Caroline Mala Corbin

Articles

The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.


Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia Jan 2020

Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia

Articles

Six years before the start of the Second World War and seven months after Hitler’s appointment as Chancellor of Germany, the German government instituted the “Law for the Prevention of Progeny with Hereditary Diseases.” The moral depravity that started as a sterilization program targeting “useless eaters” and lives “unworthy of life” degenerated into a “euthanasia” program that murdered at least 250,000 people with mental and physical dis/abilities as an “open secret” until 1941, when the Bishop of Munster, Clemens August Count von Galen, delivered a sermon protesting the killing of “unproductive people.”2 Although the Trump Administration has not yet driven …


Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld Jan 2019

Building By Right: Social Equity Implications Of Transitioning To Form-Based Code, Daniela A. Tagtachian, Natalie N. Barefoot, Adrienne L. Harreveld

Articles

No abstract provided.


Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen Jan 2015

Default Localism, Or: How Many Laboratories Does It Take To Make A Movement, Kathleen Claussen

Articles

No abstract provided.


The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton Jan 2008

The Harsh Reality Of Choosing Between Safety And Housing: Solutions For Victims Of Domestic Violence, Jill Barton

Articles

No abstract provided.


A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner Jul 1998

A Comparative Vision Of The Convergence Of Ecology, Empowerment, And The Quest For A Just Society, James A. Kushner

University of Miami Law Review

No abstract provided.


Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein Jul 1998

Family Values: Prevention Of Discrimination And The Housing For Older Persons Act Of 1995, Jonathan I. Edelstein

University of Miami Law Review

No abstract provided.


Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman Jul 1998

Mandates Unsatisfied: The Low Income Housing Tax Credit Program And The Civil Rights Laws, Florence Wagman Roisman

University of Miami Law Review

No abstract provided.


A Time For Reflection, Marc A. Fajer Jul 1998

A Time For Reflection, Marc A. Fajer

University of Miami Law Review

No abstract provided.


Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander Jul 1998

Housing Segregation And Housing Integration: The Diverging Paths Of Urban America, Richard H. Sander

University of Miami Law Review

No abstract provided.


Race And Property Values In Entrenched Segregation, Margalynne Armstrong Jul 1998

Race And Property Values In Entrenched Segregation, Margalynne Armstrong

University of Miami Law Review

No abstract provided.


Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore Jul 1998

Race/Ism Lost And Found: The Fair Housing Act At Thirty, John O. Calmore

University of Miami Law Review

No abstract provided.


Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross Jul 1998

Dicenso V. Cisneros: An Argument For Recognizing The Sanctity Of The Home In Housing Sexual Harassment Cases, Carlotta J. Ross

University of Miami Law Review

No abstract provided.


The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel May 1997

The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel

Articles

No abstract provided.


Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns Jan 1997

Voluntary Bonds: The Impact Of Habitat Ii On U.S. Housing Policy, Janet Stearns

Articles

No abstract provided.


Irs Tax Exemptions And Affordable Housing: Old Standards For New Times, Janet Stearns, Doreen Fundiller-Zweif Jan 1993

Irs Tax Exemptions And Affordable Housing: Old Standards For New Times, Janet Stearns, Doreen Fundiller-Zweif

Articles

No abstract provided.


The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns Jan 1988

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

Articles

No abstract provided.