Category: Constitution

Evicting the victim: Part 2, “I was afraid I’d lose my house, my job, and my daughter”

6 September, 2013 (09:00) | Affordability, Apartments, Constitution, domestic violence, Enforcement, Eviction, Families, gender dynamics, informality, Landlords, Law, nuisance ordinance, Regulation, Rental, SROs, Supportive housing, US News |

[Continued from yesterday's Part 1.]   By:David A. Smith   Yesterday’s post, taking off from an article in the New York Times (August 17, 2013), demonstrated the real-world consequences of an abstract-legal-principle law that simplifies a lawmaker’s job by deciding that if there’s “too many” disturbances at someone’s apartment, then either the tenant or the […]

Evicting the victim: Part 1, “If I called the police, I’d be evicted”

5 September, 2013 (09:00) | Affordability, Apartments, Constitution, domestic violence, Enforcement, Eviction, Families, gender dynamics, informality, Landlords, Law, nuisance ordinance, Regulation, Rental, SROs, Supportive housing, US News |

By:David A. Smith   In the realm of law, boundaries are neatly drawn and readily discernible.  Landlords rent to families, and violence in an apartment must of necessity be someone’s fault – either the family’s or the landlord’s.  So broken-windows theory laws like this one, reported in the New York Times (August 17, 2013), appear […]

Sail away, sail away? Part 2, potential sea change

6 April, 2012 (10:23) | Boats, Constitution, Housing, Law, Litigation, Oceans, Real estate taxes, Supreme Court, US News | 2 comments

[Continued from yesterday's Part 1.]   By: David A. Smith   When I awoke this morning Dove beneath my floating home – Crosby Stills and Nash, Lee Shore   Yesterday’s post introduced us to combative Fane Lozman, whose quest to have its houseboat declared real estate, even after its demolition as a waterborne vessel, has […]

Sail away, sail away? Part 1, tempest in a teapot

5 April, 2012 (10:57) | Boats, Constitution, Housing, Law, Litigation, Maritime laws, Oceans, Real estate taxes, Supreme Court, US News |

By: David A. Smith   Wheeling gulls spin and glide You’ve got no place to hide ‘Cause you don’t need one – Crosby Stills and Nash, Lee Shore   Some cases are born momentous (NFIB v. Sibelius), some achieve moment (Miranda v. Arizona), and some have the moment thrust upon them, because an individual fired […]

Correcting Yee v. Escondido by asking the right question: Part 2, the question to ask

4 April, 2012 (09:37) | Constitution, Due process, Harmon, Law, Litigation, New York City, Regulation, Rent control, Supreme Court, Takings, Theory, US News, Yee v Escondido |

[Continued from yesterday's Part 1.] By: David A. Smith   Everything that follows is a result of what you see here.   Yesterday’s post was at pains to show how the Supreme Court, in Yee v. Escondido, both the decision itself (blue Georgia) and its syllabus (black Georgia), didn’t exculpate all rent control, such as […]