Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami,
2018
Georgia State University
Three Cases In Point: A Comparison Of Legal Access To Housing For Low-Income And Homeless Populations In Cape Town, Marseille And Miami, Leila Lawlor
Journal of Comparative Urban Law and Policy
Miami, Cape Town, and Marseille have taken dissimilar approaches in their attempts to legislate and supply affordable housing to those in need. One of these cities has no justiciable right whatsoever, one has a right set out in its national constitution, and one has a right set out in its national law. These cities have had different degrees of success in aiding those in need of adequate housing; however, each of these cities continues to suffer from both a lack of affordable housing and a widening income gap. Examining the frameworks and the efforts of these three port cities establishes …
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing,
2018
Sciences Po Paris Law School
Ten Years Of The French Dalo And The Catalan Right To Housing Act: European Innovation In The Fields Of Land Use Planning And Housing, Camille Mialot, Juli Ponce
Journal of Comparative Urban Law and Policy
The main objective of this article is to give an overview for an international audience of the results of two acts which were passed the same year, 2007 - the French Enforceable right to housing (Droit au logement opposable, later referred as DALO) Act, and the Catalan Right to Housing Act (Llei catalana del dret a l´habitatge, CRHA). Both acts are good examples of legal innovations regarding land use and housing at the beginning of the 21st Century. The first one established an enforceable right to housing in France for the first time in French history. The second one is …
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems,
2018
University of Barcelona
Social Dimensions And Social Function Born In Latin America: Property Limits In The U.S. And The European Union Legal Systems, Wellington Migliari
Journal of Comparative Urban Law and Policy
This article is a comparative analysis of property systems and their social dimensions between the United States (U.S.) and the European Union (EU). Throughout the article, we show how the fees and development taxes applied in the U.S. refer to an ex ante rationale assumed by private owners to compensate communities for land transformation or environmental impacts, while inside the EU, the political consensus is responsible for the imposition of limits in ex post abuses of ownership. Either in public administrations, or in the Council of Ministers of the EU, the social function of property is better understood as a …
Regional Public/Private Partnerships As Entrepreneurial Bricolage,
2018
Salem State University
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Journal of Comparative Urban Law and Policy
Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro,
2018
Universidade Do Estado Do Rio De Janeiro
The Emergence Of Metropolitan Areas As A New Form Of Interfederative Governance: A Comparative Study Of Aix-Marseille-Provence And The Metropolitan Region Of Rio De Janeiro, Aricia Fernandes Correia, Romulo S.R. Sampaio
Journal of Comparative Urban Law and Policy
The exponential demographic increase of the last century and the transformation of the cities, from industrial to service providers, added to the phenomenon of conurbation. In addition, the new social, environmental, economic, political and cultural dynamics of close cities, challenged the traditional municipal power and required a collaborative new management framework. Global cities became metropolitan areas. Issues of local urban interest are now of regional preoccupation. Governmental institutional frameworks and urban planning were not designed to match this new socioeconomic and environmental metropolitan order. This paper deals with the legal challenges of creating metropolitan governance structures comparing France and Brazil. …
The French Metropole: How It Gained Legal Status As A Metropolis,
2018
Suffolk University Law School
The French Metropole: How It Gained Legal Status As A Metropolis, Janice Griffith
Journal of Comparative Urban Law and Policy
France’s long history of centralized governance has generated debates as to what powers should remain with the State and what powers should devolve to sub-national governments. To ameliorate the fragmentation resulting from the small size of France’s 36,000 plus municipalities, called communes, the State authorized the creation of general-purpose, inter-communal public institutions to perform municipal functions on behalf of the communes on a greater economy of scale. The article examines the trajectory that led to the creation in 2010 of the métropole, or metropolis, the most recent of these inter-communal bodies that is designed to undertake public functions in large …
The Future Of French Metropolis,
2018
Georgia State University College of Law
The Future Of French Metropolis, Anne-Claire Mialot
Journal of Comparative Urban Law and Policy
No abstract provided.
Introduction,
2018
Georgia State University College of Law
Introduction, Julian Conrad Juergensmeyer, Karen Johnston
Journal of Comparative Urban Law and Policy
No abstract provided.
The Persistence Of Segregation In The 21st Century,
2018
University of Minnesota Law School
The Persistence Of Segregation In The 21st Century, Paul A. Jargowsky
Minnesota Journal of Law & Inequality
No abstract provided.
Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus,
2018
University of Minnesota Law School
Fair Share: Reinvigorating The Twin Cities’ Regional Affordable Housing Calculus, Chase Hamilton
Minnesota Journal of Law & Inequality
No abstract provided.
Things Invisible To See: State Action & Private Property,
2018
Texas A&M University School of Law
Things Invisible To See: State Action & Private Property, Joseph William Singer, Isaac Saidel-Goley
Texas A&M Law Review
This Article revisits the state action doctrine, a judicial invention that shields “private” or “non-governmental” discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the doctrine has inflicted substantial injustice throughout its inglorious history, and courts have continuously struggled in vain to coherently apply the doctrine. Yet, the United States Supreme Court has not fully insulated “private” or “horizontal” relations among persons from constitutional scrutiny. The cases in which it has applied constitutional norms to non-governmental actors should be celebrated rather …
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction,
2018
Brooklyn Law School
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Brooklyn Journal of International Law
According to the United Nations High Commissioner for Refugees; since 2011; the Syrian conflict has generated roughly 5.4 million refugees; while approximately 6.5 million people are internally displaced within the country; making it the largest internally displaced population in the world. Rebuilding Syria’s infrastructure; homes; and businesses will be an immense task; with cost estimates ranging between $250–$350 billion USD. The Syrian government and the international community have already started to contemplate postwar reconstruction and even wartime reconstruction; despite the ongoing fighting. This Note operates under the assumption that the Syrian government of President Bashar al-Assad will; at a minimum; …
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species,
2018
Barry University School of Law
Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Water Is Life: The Native American Tribal Role In Protecting Natural Resources,
2018
Barry University School of Law
Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned
Environmental and Earth Law Journal (EELJ)
No abstract provided.
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both,
2018
Barry University School of Law
From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species,
2018
Barry University School of Law
Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Helpless Giants? The National Park Service’S Ability To Influence And Manage External Threats To Redwood National And State Parks,
2018
University of Notre Dame Law School
Helpless Giants? The National Park Service’S Ability To Influence And Manage External Threats To Redwood National And State Parks, Jack Mcleod
Notre Dame Law Review Reflection
This Essay analyzes the interactions between federal, state, and private landowners regarding Redwood National and State Parks (RNSP) to determine what power the National Park Service (NPS) has to stop the destruction of its trees resulting from externalities. Part I briefly discusses the historical development of RNSP, focusing on how its boundaries impact inner scenic resources. Part II argues that California state efforts have traditionally hampered redwood protection in RNSP, and Part III examines the limited resources the NPS possesses to protect redwoods. Ultimately, the NPS has few effective tools at its disposal to protect redwoods against external threats, except …
The Failure Of International Law In Palestine,
2018
St. Mary's University School of Law
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia,
2018
St. Mary's University School of Law
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Understanding The Complicated Landscape Of Civil War Monuments,
2018
University of Miami School of Law
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Journal Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …
