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Articles 1141 - 1170 of 2128

Full-Text Articles in Housing Law

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.


The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley Oct 2013

The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley

Touro Law Review

No abstract provided.


Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack Oct 2013

Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack

Faculty Publications

The Three and a Half Minute Transaction: Boilerplate and the Limits of Contractual Design, by Mitu Gulati and Robert E. Scott, is a cautionary tale about modern legal practice where the protagonist is the standard sovereign debt contract. The book discloses an undeniable flaw in sovereign bond boilerplate (the widely used pari passu clause) that, in spite of expensive, sophisticated lawyering, perpetuates a risky disconnect between party intent and contract terms. The fact that boilerplate terms persist even in elite sovereign-lending practices suggests that the problem of over-reliance on standard form language is ubiquitous.When contract terms diverge from client risk …


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington Oct 2013

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Vanderbilt Law School Faculty Publications

The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form also occurs both within the urban core and region-wide. Exclusionary zoning at the sub-local and regional scales results in property values that fully capitalize the benefits of living in higher-wage regions, and the value of local public goods (like high-quality schools). Lower-income households then cannot meaningfully access those advantages, even if every municipality accommodates its fair share of regional need. The long-standing focus of exclusionary zoning on the content …


A Case Study Of Gender Neutral Policies In University Housing, Josh Chave Sep 2013

A Case Study Of Gender Neutral Policies In University Housing, Josh Chave

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Gender neutral housing is an innovative new policy being developed in colleges around the country. One reason to create these policies is an attempt to meet the unique needs and challenges of lesbian, gay, bisexual, and transgender students. As the number of gender neutral housing policies in the United States continues to rise, research has been slow to meet the growing demand for empirical data on gender neutral housing.

The dissertation presented a case study of one institution. Interviews and focus groups were conducted with administrators, gender neutral housing committee members, residence life staff, and students. This dissertation examined the …


Mers Remains Afloat In A Sea Of Foreclosures, Shelby D. Green Jul 2013

Mers Remains Afloat In A Sea Of Foreclosures, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Despite the simple premise of the MERS System, opponents--or those simply trying to invalidate or forestall enforcement of their mortgages--have leveled various challenges to MERS's practices and even its basic business model. Taking an aerial view of the challenges, it is possible to discern a certain pattern as one challenge seemed to morph into the next (often following rejection of the earlier one in the courts). Some borrowers have asserted that MERS lacked legal standing to foreclose because it was a mere nominee and not the owner of the note. Even if MERS's legal standing was upheld, borrowers pointed to …


Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum Jun 2013

Adr's Place In Foreclosure: Remedying The Flaws Of A Securitized Housing Market, Lydia Nussbaum

Cardozo Law Review

Millions of Americans lost their homes during the foreclosure crisis, an unprecedented disaster still plaguing local and national economies. A primary factor contributing to the crisis has been the failure of conventional foreclosure procedures to account for the new realities of securitization and the secondary mortgage market, which transformed the traditional borrower-lender relationship. To compensate for the shortcomings of conventional foreclosure procedures and stem the tide of residential foreclosure, state and local governments turned to ADR processes for a solution. Some foreclosure ADR programs, however, have greater potential to avoid foreclosures than others. This Article comprehensively examines the key components …


The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder May 2013

The Housing Element: How Can Its Adequacy Be Measured? , Nina E. West, James C. Schroeder

Pepperdine Law Review

No abstract provided.


Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth May 2013

Title I Of The 1974 Housing And Community Development Act And Its Impact On Local Communities, Edward E. Haworth

Pepperdine Law Review

No abstract provided.


California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight May 2013

California Planning Law: Requirements For Low And Moderate Income Housing , C. Foster Knight

Pepperdine Law Review

No abstract provided.


Providing Low And Moderate Income Housing In The Suburbs, Stephen L. Taber May 2013

Providing Low And Moderate Income Housing In The Suburbs, Stephen L. Taber

Pepperdine Law Review

No abstract provided.


The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin May 2013

The Landlord's Tort Liability For Injuries Caused By Defects Upon The Demised Premises , Michael K. Mckibbin

Pepperdine Law Review

No abstract provided.


Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso May 2013

Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso

Faculty White Papers

No abstract provided.


Let Us Not Centralise Town Council Services, Tan K. B. Eugene May 2013

Let Us Not Centralise Town Council Services, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With the Government accepting the findings and recommendations of the Ministry of National Development (MND) Town Council Review Report, the focus has now shifted to a “strategic and comprehensive review of town councils (TCs)”. SMU Assistant Professor of Law Eugene Tan was of the opinion that such a move is timely and needed. He said that Singapore should not revert to the pre-1989 situation in which the management and maintenance of public housing estates was HDB’s sole responsibility. Apart from commenting on suggestions raised in the reviews, he also added what he thought should be included in this comprehensive review …


Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia Apr 2013

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …


Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel Apr 2013

Panel Discussion: International, National, And Local Perspectives On Civil Right To Counsel, Andrew Scherer, Martha F. Davis, Debra Gardner, Rosie Mendez, Juanita B. Newton, Adriene Holder, Laura K. Abel

Touro Law Review

The following is based on a transcript of a panel discussion which took place at An Obvious Truth: Creating an Action Blueprint for a Civil Right to Counsel in New York State, held at Touro Law Center, Central Islip, New York, in March, 2008.


Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel Apr 2013

Toward A Right To Counsel In Civil Cases In New York State: A Report Of The New York State Bar Association, Laura K. Abel

Touro Law Review

No abstract provided.


Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D. Mar 2013

Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.

Brigham Young University Education and Law Journal

No abstract provided.


The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore Feb 2013

The Real Estate Brokerage Industry And Antitrust Implications, Lynn H. Mack, Valerie A. Moore

Pepperdine Law Review

No abstract provided.


A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung Feb 2013

A Positive Response To Growth Control Plans: The Orange County Inclusionary Housing Program, Linda J. Bozung

Pepperdine Law Review

Affordable housing programs have been enacted throughout the state in response to the current critical housing shortage. They serve an essential function as an element of community growth control plans. This article focuses on the success of the Orange County affordable housing program. By utilizing a variety of means, such as density bonus plans, flexible regulations, and deed restrictions, the County has developed a plan which is not only successful but may also serve as a model for other local governments.


The Legality Of California Development Fees, Erik B. Michelsen Jan 2013

The Legality Of California Development Fees, Erik B. Michelsen

Pepperdine Law Review

No abstract provided.


Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson Jan 2013

Equal Protection And The New Rational Basis Test: The Mentally Retarded Are Not Second Class Citizens In Cleburne, Gordon W. Johnson

Pepperdine Law Review

Recently, the Fifth Circuit held that classifications involving the mentally retarded were quasi-suspect and should be reviewed under a heightened scrutiny analysis. The Supreme Court reversed that holding but granted the retarded a remedy by applying a more genuine scrutiny under the rational basis test. The Court's decision in City of Cleburne, Texas v. Cleburne Living Center, Inc. raises the question whether the Court intends to apply an increased level of scrutiny under the rational basis test or whether this case merely represents another ad hoc decision made on the horns of a dilemma. This Note discusses the uncertain impact …


Consumerism And Land Sales , Leonard Levin Jan 2013

Consumerism And Land Sales , Leonard Levin

Pepperdine Law Review

No abstract provided.


Plaintiff's Amended Complaint, Gursel V. Chicago Housing Authority Et Al, Docket No. 1:12-Cv-04398 (Northern District Of Illinois Jun 06, 2012), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic Jan 2013

Plaintiff's Amended Complaint, Gursel V. Chicago Housing Authority Et Al, Docket No. 1:12-Cv-04398 (Northern District Of Illinois Jun 06, 2012), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.


Plaintiff's Complaint For Injunctive And Other Relief, Selfreliance Ukrainian American V. Windsor Point Condominium, Docket No. 2013-Ch-17748 (Ill. Cir. Ct. July 26, 2013), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic Jan 2013

Plaintiff's Complaint For Injunctive And Other Relief, Selfreliance Ukrainian American V. Windsor Point Condominium, Docket No. 2013-Ch-17748 (Ill. Cir. Ct. July 26, 2013), Cristina Headley, John Marshall Law School Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.


Housing Voucher Mobility: An Overlooked Fair Housing Issue, 46 J. Marshall L. Rev. 1089 (2013), Alexander Polikoff Jan 2013

Housing Voucher Mobility: An Overlooked Fair Housing Issue, 46 J. Marshall L. Rev. 1089 (2013), Alexander Polikoff

UIC Law Review

No abstract provided.


Keeping Homeless Kids Homeless: How The Homeless Children And Youth Act Addresses Children Who Are Excluded From Receiving Housing, 47 J. Marshall L. Rev. 769 (2013), Sarah Katherine Hess Jan 2013

Keeping Homeless Kids Homeless: How The Homeless Children And Youth Act Addresses Children Who Are Excluded From Receiving Housing, 47 J. Marshall L. Rev. 769 (2013), Sarah Katherine Hess

UIC Law Review

No abstract provided.


The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser Jan 2013

The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …