Thursday, May 28, 2020

CFP: Affordable Housing & Community Development in the Age of Pandemic


ABA Journal of Affordable Housing & Community Development Law

Call for Papers

Affordable Housing and Community Development in an Age of Pandemic

Expressions of interest due no later than June 12, 2020

Drafts due July 15, 2020


The Journal of Affordable Housing & Community Development Law (the Journal) invites articles and essays on how affordable housing and community development practitioners have adapted to challenges of the novel coronavirus (Covid-19), as well as forward-looking responses and policies to the pandemic.  Topics covered could include changes and challenges in financing, developing, or managing affordable housing, as well as threats posed and opportunities emerging for the community development field.

For this issue, the Journal seeks wide participation and especially welcomes shorter essays (2,000–3,000 words) that reflect upon this unusual time.  Such essays may not necessarily require detailed citation but instead focus on memorializing efforts to respond to the coronavirus or framing an issue of ongoing importance.  In addition, the Journal will also continue to seek general essays (typically 2,500–5,000 words) or articles (typically 7,000–10,000 words) related to the Journal’s traditional subjects: affordable housing, fair housing and community/economic development.

The Journal is the nation’s only law journal dedicated to affordable housing and community development law.  The Journal educates readers and provides a forum for discussion and resolution of problems in these fields by publishing articles from distinguished law professors, policy advocates and practitioners.

Interested authors are encouraged to submit a brief description of their proposals no later than June 12, 2020.  Submissions of final articles and essays are due by July 15, 2020. Please email abstracts and final drafts to the Journal’s Editor-in-Chief, Stephen R. Miller, at The Journal also accepts submissions on a rolling basis. Please do not hesitate to contact the Editor with any questions.

May 28, 2020 | Permalink | Comments (0)

Wednesday, May 13, 2020

Alterman on enforcement and justifiable noncompliance in planning law

Prof. Rachelle Alterman (Technion – Israel Institute of Technology) has posted Between informal and illegal in the Global North:  Planning law, enforcement, and justifiable noncompliance, which is a chapter from an upcoming book called Comparative Approaches to Informal Housing Around the World.  The chapter is available here, and the abstract is below:

Much research has focused on the widespread phenomenon of “informal” construction in developing countries, where planning laws are dysfunctional. However, in recent years scholars have used this term with reference to Global North countries as well, where planning laws generally do function reasonably well. In this chapter, we take on a difficult task: to try and distinguish contexts or situations where indeed, planning law fails to the extent that noncompliance should be regarded as justifiable. To do so, we first demonstrate the difficulties and elusiveness of making a judgment of when noncompliance merits the term “informal”, thus calling for conceptual criteria. Once the challenges and dilemmas are exposed, the paper proposes six situations – or criteria– when noncompliance may be justifiable. Each is accompanied with real-life examples. The chapter concludes by pointing out the deep shortcomings in the interrelationships between regulatory planning on the one hand, and the grossly under-researched enforcement functions

May 13, 2020 | Permalink | Comments (0)

Tuesday, May 12, 2020

Brobst on drone use ordinances and civil rights in home rule jurisdictions

Interim Associate Dean and Associate Professor of Law Jennifer Brobst (Southern Illinois Univ. School of Law) has posted Enhanced Civil Rights in Home Rule Jurisdictions:  Newly Emerging UAS/Drone Use Ordinances,  122 W. Va. L. Rev.  ___ (forthcoming Spring 2020) on SSRN.  Here is the link, and here is the abstract:

As new, disruptive technologies emerge, the federal government tends to proceed cautiously and often should. State and local units of government, particularly in home rule jurisdictions, may have more potential to respond quickly to innovative technology and its potential threat to civil rights. Unmanned Aerial Vehicles, commonly known as drones, or Unmanned Aerial Systems (“UAS”), which include the drone’s operator equipment and software, demonstrate this legal challenge regarding intrusions on persons and property. This article reveals the breadth and flexibility of local ordinances in the United States that permit and restrict drone usage in a way that protects the civil rights of its local residents, and at a point in time before preemption challenges close off such innovation.



May 12, 2020 | Permalink | Comments (0)