Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale,
2016
Vanderbilt Law School
Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington
Fordham Urban Law Journal
No abstract provided.
Whither Workforce Housing?,
2016
Marquette University Law School
Whither Workforce Housing?, Matthew J. Parlow
Fordham Urban Law Journal
The last forty years have marked a dynamic era in affordable housing. During this time, affordable housing shifted from being largely government-owned to privately-owned, though certainly supported by government efforts. This evolution thus marked a distinct switch from a supply-side approach to a demand-side approach to affordable housing. As states and localities adapted to this paradigm shift, some high-priced metropolitan regions discovered that their housing markets were squeezing out middle-income service workers, such as police officers and teachers. In response, many localities—and some states—adopted various laws and policies to spur the creation of workforce housing: that is, moderately-priced housing that …
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?,
2016
Pace Law School
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Fordham Urban Law Journal
No abstract provided.
Saving Mount Laurel?,
2016
New York University Law School
Saving Mount Laurel?, Roderick M. Hills
Fordham Urban Law Journal
No abstract provided.
New Challenges For Urban Areas Facing Flood Risks,
2016
Chicago-Kent College of Law
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
Fordham Urban Law Journal
No abstract provided.
The Rebirth Of The Neighborhood,
2016
Georgetown University Law Center
The Rebirth Of The Neighborhood, J. Peter Byrne
Fordham Urban Law Journal
No abstract provided.
Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause,
2016
Touro Law Center
Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer
Touro Law Review
No abstract provided.
Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce,
2016
Pepperdine University
Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen
Pepperdine Law Review
The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right …
Resolving Conflicts Over Scarce Resources: Private Versus Shared Ownership,
2016
Marquette University Law School
Resolving Conflicts Over Scarce Resources: Private Versus Shared Ownership, W.C. Bunting
Marquette Law Review
This Article models private ownership as a conflict resolution mechanism and contends that for the Coase Theorem, as narrowly defined in this Article, to be consistent, private ownership must yield the Pareto- optimal use of scarce resources among all feasible conflict resolution mechanisms. Conflict over a scarce resource may be better resolved, however, by eliminating the possibility of private ownership and “forcing” disputing parties to share ownership of the contested resource. A corollary to the Coase Theorem is introduced which states: In the absence of transaction costs, the distribution of private and shared ownership is efficient. Further, assuming transaction costs …
Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program,
2016
Marquette University Law School
Conservation Easements As A Way To Preserve Wisconsin’S Farmland: Why Wisconsin Should Adopt A Transferable Tax Credit Program, Jennifer E. Krueger
Marquette Law Review
Conservation easements are a tool landowners can use to protect their land and preserve it for generations to come. Given the new emphasis society places on preserving the environment, many states have enacted some form of a conservation easement program where landowners who encumber their property with a conservation easement can receive a benefit for doing so. Wisconsin and Virginia are two states with this type of program. Wisconsin’s conservation easement program allows a landowner to donate his land and the state pays him the difference in the market value. Virginia’s program, on the other hand, allows a landowner to …
Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potentia,
2016
Texas A&M University School of Law
Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing's Criminal Rehabilitation Potentia, Michael J. Mcgowan
Student Scholarship
Part I of this Article begins with a brief historical explanation of halfway houses as a model of criminal rehabilitation. Part II addresses why recidivism rates provide the most appropriate metric gauging halfway houses' success and how they apparently have failed to improve recidivism rates. Part III then delves into the body of scholarship that explains how an individual's likelihood of landing back behind bars is to some extent demonstrably tied to their location, meaning their surrounding cultural, economic, and criminogenic environment. Part IV discusses the sparse data on the sorts of neighborhoods where halfway houses ultimately end up and …
Panel 1: Probate Issues, Post-Obergefell V. Hodges,
2016
Judge, Athens-Clarke County Probate Court
Panel 1: Probate Issues, Post-Obergefell V. Hodges, Susan Tate, Charlie Yovino, Denise Vanlanduyt, Lori Surmay, Sonja R. West
Working in the Public Interest Conferences
No abstract provided.
Two Hundred Years Of Spite,
2016
Northwestern University School of Law
Two Hundred Years Of Spite, Nadav Shoked
Northwestern University Law Review
Spite’s role in property law is garnering much academic attention. Yet spite remains strikingly misunderstood. Commentators partaking in the reinvigorated debate over property rights’ nature often point at the law’s prohibition on spiteful uses of property by owners as indicating that property law is sensitive to individuals’ goals and attitudes when distributing powers. This assertion draws on a long line of judicial, legislative, and scholarly pronouncements to the effect that the prohibition on spite is an intent-based, subjective test banning acts whose motivation is malicious. This Article illustrates that this perception is deeply flawed—descriptively and normatively. Exploring the forgotten history …
Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity,
2016
Northwestern Pritzker School of Law
Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry
Northwestern University Law Review
The dominant strain of law and development theory holds that strong property rights are a necessary condition for economic growth. Nonetheless, China has experienced thirty years of frenetic growth absent strong property rights. This Note explores this phenomenon through an analysis of a unique corporate form that has come to underlie most of the publicly traded Chinese Internet sector—the Variable Interest Entity (VIE). The VIE is, at its core, a series of contracts designed to mimic “true” ownership. As such, the VIE problematizes law and development theory in two primary ways. First, the contract-based ownership system does not provide the …
The Effect Of Rluipa’S Land Use Provisions On Local Governments,
2016
Cleveland-Marshall College of Law and Levin College of Urban Affairs, Cleveland State University
The Effect Of Rluipa’S Land Use Provisions On Local Governments, Alan C. Weinstein
Fordham Urban Law Journal
No abstract provided.
The Housing Crash And The End Of American Citizenship,
2016
Roosevelt Institute
The Housing Crash And The End Of American Citizenship, Matt Stoller
Fordham Urban Law Journal
No abstract provided.
Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks,
2016
New York Civil Liberties Union; New York Law School
Occupy The Parks: Restoring The Right To Overnight Protest In Public Parks, Udi Ofer
Fordham Urban Law Journal
No abstract provided.
Rluipa: Necessary, Modest, And Under-Enforced,
2016
University of Virginia
Rluipa: Necessary, Modest, And Under-Enforced, Douglas Laycock, Luke W. Goodrich
Fordham Urban Law Journal
No abstract provided.
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination,
2016
Benjamin N. Cardozo School of Law, Yeshiva University
Rluipa Is A Bridge Too Far: Inconvenience Is Not Discrimination, Marci A. Hamilton
Fordham Urban Law Journal
No abstract provided.
Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis,
2016
Charlotte School of Law
Victimization On Main Street: Occupy Wall Street And The Mortgage Fraud Crisis, Sandra D. Jordan
Fordham Urban Law Journal
No abstract provided.
