October 19, 2012
Johnson on the Economic Crisis, Homeownership, and Race
Marcia Johnson (Texas Southern) has posted Will the Current Economic Crisis Fuel a Return to Racial Policies that Deny Homeownership Opportunity and Wealth to African Americans?, published in The Modern American, Volume 6, Issue 1, Spring 2010. From the introduction:
Perhaps the greatest threat to the continued realization of the American dream is the latest economic crisis rooted in the sub-prime mortgage collapse.12 Some blame the CRA of 1977 for creating a market that they claim provided housing loans to noncreditworthy borrowers – particularly African American families – in the low and moderate income range.13 However, this charge is without direct factual support as the post-CRA period saw a decline in homeownership for African Americans but a mild increase for White homeowners.14 Illegal and fraudulent practices in property appraisals and income reporting directed program benefi ts away from those the program was meant to aid. . . .
This paper is written to examine the potential effect of the market collapse on our nation’s homeownership policies. Part I reviews America’s historical housing and homeownership policies. Part II considers the expansion of homeownership opportunities to historically non-participating communities, particularly the African American community. Part III reviews the culprits of the economic crash of 2008 and explains why sub-prime borrowers often get blamed. Part IV examines solutions to maintain America’s pro-homeownership policy, and Part V concludes that America’s homeownership policy should continue to be vigorously pursued with a goal of including African Americans who have long been excluded by government policies and sanctions from building wealth and thereby stabilizing their communities.
October 17, 2012
Hou on Public Spaces
In Places, a former graduate school colleague of mine has a fascinating essay on the use of public spaces. The essay is drawn from a chapter in the forthcoming book Beyond Zuccotti Park: The Freedom of Assembly and the Occupation of Public Space.
Hou provides examples of public transformation of places into sites of action, meaning and possibility. Challenging us to rethink our notion of “public” in public space. The essay is accompanied by photos of public appropriation and use of public spaces from across the globe.
For those of you unfamiliar with Places, it is an interdisciplinary journal on architecture, landscape, and urbanism. It has been an online journal since 2009, which is a superior format as it allows images and discussion of the articles. Check it out.
October 16, 2012
Hirokawa on Euclid to Federal Environmental Law in Northern Ohio
Keith Hirokawa (Albany) has posted From Euclid to the Development of Federal Environmental Law: The U.S. District Court for the Northern District of Ohio and the Regulation of Physical Space, forthcoming in Justice and Legal Change on the Shores of Lake Erie: A History of the U.S. District Court for the Northern District of Ohio, Paul Finkelman and Roberta Alexander, eds., (2012, Ohio University Press). The abstract:
In 1969, the Cuyahoga River burned. Although it was not the first time that the River was in need of assistance, it was the 1969 fire that helped to compel a radical transformation in the way that we interact with the environment. The U.S. District Court for the Northern District of Ohio was not called upon to adjudicate the liabilities resulting from this pivotal event. But in the years preceding the Cuyahoga fire, the district court was asked to navigate conflicting jurisprudential approaches to the use of land, air, and water. This chapter explores a handful of these cases in order to illustrate the nation's struggle over suspicious conceptions of economic advantage and fairness, flexible distinctions of private and public property, and evolving ideas of nature and health. The chapter begins with the 1924 decision in Ambler Realty Corporation v. Village of Euclid, which remains the most famous challenge to the constitutionality of zoning regulations. It then turns to the 1930 decision in Swetland v. Curtiss Airports Corporation, where the district court addressed the inevitable limitations in property rights above land following the advancement of powered human flight. Finally, it considers an opinion released on the eve of the Cuyahoga River fire, when the court was asked to choose between saving a town and protecting railroad operations in Biechelle v. Norfolk Western Railway Company. Although the district court's decisions in these controversies do not bear the indelible character that we often attribute to law, the federal district courts for the Northern District of Ohio contributed to a legal framework in which the fire could occur and, perhaps more significantly, in which the fire could be perceived as an important event.
It's true that Northern Ohio has been at the forefront of the development of modern land use law! Land use and legal history are more connected than might be apparent. The entire volume looks worth reading.
New Jersey Office of Legislative Services Opinion on Fracking and the Dormant Commerce Clause
In a post several weeks ago I noted that New Jersey Governor Christie had vetoed a hydraulic fracturing wastewater ban in the state approved by the New Jersey Legislature on grounds that the ban violated the Dormant Commerce Clause. I also noted news reports that the non-partisan New Jersey Office of Legislative Services had drafted a memorandum opining on the subject, but obtaining the memorandum proved elusive and I mentioned I would share when I received it. Today I found a copy at a website, and also directly linked here. The site is a little fussy. If you can't download it, feel free to contact me and I'll send you the memorandum.