From the Property Prof Blog: This just in from Lee Ann Fennell (Chicago): Cambridge University Press has just published Evidence and Innovation in Housing Law and Policy (Lee Anne Fennell & Benjamin J. Keys, eds. 2017). All chapters are downloadable in PDF as well as viewable in HTML through the Open Access version. The impressive list of contributors include: William A. Fischel, David Schleicher, Richard A. Epstein, Ingrid Gould Ellen, Brian J. McCabe, Lior Jacob Strahilevitz, Georgette Chapman Phillips, Matthew Desmond, Stephanie M. Stern, Christopher Mayer, Ian Ayres, Gary Klein, Jeffrey West, Atif Mian, Amir Sufi, Patricia A. McCoy, Susan Wachter, Raphael W. Bostic, and Anthony W. Orlando.
Chapters of note for this blog include (available for free by clicking on the link and then the PDF icon):
3 – The Unassailable Case against Affordable Housing Mandates pp 64-84 By
8 – Behavioral Leasing: Renter Equity as an Intermediate Housing Form pp 177-202 By
10 – The Rise and (Potential) Fall of Disparate Impact Lending Litigation pp 231-254 By , ,
13 – When the Invisible Hand Isn’t a Firm Hand: Disciplining Markets That Won’t Discipline Themselves pp 322-342 By ,
Michael McBride, Traci Blackmon, Frank Reid, Barbara Skinner, Waiting for a Perfect Protest?, New York Times, September 1, 2017. [Is peaceful protest a legitimate response to unrest in the face of media invalidation?]
Neil Irwin,To Understand Rising Inequality, Consider the Janitors at Two Top Companies, Then and Now, The Upshot, September 3, 2017. [Divergent qualities of life highlight a shift toward bare bones employment strategies at top technology companies.]
Patrick C. Brayer, The Power of the Public Defender Experience: Learning by Fighting for the Incarcerated and Poor, 53 Wash. U. J. L. & Pol’y 105 (2017). Abstract below:
This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.
Beth A. Colgan, Fines, Fees, and Forfeitures, SSRN, August 15, 2107. Abstract below:
The use of fines, fees, and forfeitures has expanded significantly in recent years as lawmakers have sought to fund criminal justice systems without raising taxes. Concerns are growing, however, that inadequately designed systems for the use of such economic sanctions have problematic policy outcomes, such as the distortion of criminal justice priorities, exacerbation of financial vulnerability of people living at or near poverty, increased crime, jail overcrowding, and even decreased revenue. In addition, the imposition and collections of fines, fees, and forfeitures in many jurisdictions are arguably unconstitutional, and therefore create the risk of often costly litigation. This chapter provides an overview of those policy and constitutional problems and provides several concrete solutions for reforming the use of fines, fees, and forfeitures.
Toni Morrison, Making America White Again, The New Yorker, November 21, 2106. [“The choices made by white men, who are prepared to abandon their humanity out of fear of black men and women, suggest the true horror of lost status.”]
Colby Itkowitz, This Republican mayor has an incredibly simple idea to help the homeless. And it seems to be working, Washington Post, August, 11, 2016. [Public works day jobs provide hope for Albuquerque’s homeless.]
Nikita Stewart, Lawyers for Child Welfare and Legal Aid Under Scrutiny for Facebook Posts, New York Times, August, 30, 2017. [Facebook posts pose expectation and standard of conduct questions for Legal Aid workers.]
Benjamin Wermund, How U.S. News college rankings promote economic inequality on campus, Politco, September 10, 2017. [“Once ladders of social mobility, universities increasingly reinforce existing wealth, fueling a backlash that helped elect Donald Trump.”]
Karen Tokarz and Zachary Schmook, Law School Clinic and Community Legal Services Providers Collaborate to Advance the Remedy of Implied Warranty of Habitability in Missouri, 53 Wash. U. J. L. & Pol’y 169 (2017). Abstract Below:
This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects the Missouri Supreme Court’s decision in Kohner could have in future cases involving tenant rights.