Category: Harmon

Rent control’s prescient dissent: Part 2, impossible release

18 April, 2012 (09:23) | Cambridge, Fresh Pond, Harmon, Housing, Regulation, Rehnquist, Rent control, Rental, Supreme Court, Takings | 1 comment

[Continued from yesterday’s Part 1.]   By: David A. Smith   The country falls in love with the rhetoric, and in the end we are stuck with tyrants. – Marcel Jazy, in Under Fire   Yesterday’s case-study exploration of the William Rehnquist Supreme Court dissent in Fresh Pond Shopping Center v. Callahan et al. acquainted […]

Rent control’s prescient dissent: Part 1, invisible seizure

17 April, 2012 (10:19) | Cambridge, Fresh Pond, Harmon, Housing, Regulation, Rehnquist, Rent control, Rental, Supreme Court, Takings |

By: David A. Smith   I like you people, but you are sentimental shits. You fall in love with the poets; the poets fall in love with the Marxists; the Marxists fall in love with themselves. – Marcel Jazy, in Under Fire   While rummaging through the Yee v. Escondido decision in search of understanding […]

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 […]

Correcting Yee v. Escondido by asking the right question: Part 1, the question not asked

3 April, 2012 (09:29) | Constitution, Due process, Harmon, Law, Litigation, New York City, Regulation, Rent control, Supreme Court, Takings, Theory, US News, Yee v. Escondido |

By:David A. Smith   I’m sorry. My responses are limited. You must ask the right questions.   For more than a quarter of a century, I’ve been baffled as to why rent control hasn’t been declared Unconstitutional, but it took until just recently, with James Harmon’s lawsuit against New York City, for me to read […]