Category: Law

The antidote to majoritarianism: Part 2, There are outer limits

12 February, 2015 (09:00) | Apartments, Constitution, Fifth Amendment, Housing, Law, Local issues, Markets, Rent control, Rental, San Francisco, Takings, US News |

[Continued from yesterday’s Part 1.] By: David A. Smith As we saw in yesterday’s Part 1, essential to democracy is the protection of minority rights against the majoritarian impulse to rewrite the rules by increments, and as property rights are human rights, they must be protected by an entity or branch of government that stands […]

The antidote to majoritarianism: Part 1, On its face fails both tests

11 February, 2015 (10:00) | Apartments, Constitution, Fifth Amendment, Housing, Law, Local issues, Markets, Rent control, Rental, San Francisco, Takings, US News |

By: David A. Smith In case of emergency, think for yourself Once a society has decided that a particular group of people is morally guilty against the public interest, it can and often will embark on a series of exactions, each of which it justifies as necessary to ‘level the playing field,’ ‘correct historical inequity,’ […]

International Law’s Tinkerbell moment: Part 2, The ones who had hissed

14 July, 2014 (09:53) | Argentina, Bonds, Cramdown, Finance, International law, Law, Markets, Politics, Recapitalization, Securities, Speculation, World Cup |

[Continued from yesterday’s Part 1.] By: David A. Smith Do you believe in bondholder rights? “If you believe,” Peter shouted to the voices, “clap your hands; don’t let Tink die.” Many clapped. Peter Pan, Chapter 13, Do you believe in fairies? As we saw in yesterday’s post, like Tinkerbell international law must be believed in […]

International Law’s Tinkerbell Moment: Part 1, What do you think?

11 July, 2014 (10:00) | Argentina, Bonds, Cramdown, Finance, International law, Law, Markets, Politics, Recapitalization, Securities, Speculation, World Cup | 1 comment

By: David A. Smith Do you believe in international law? Tinkerbell’s voice was so low that at first he could not make out what she said. Then he made it out. Peter Pan, Chapter 13, Do you believe in fairies? Though ‘international law’ does not exist (it presupposes a lawgiver with dominion over all), international […]

Rent control: ownership’s upside with none of its downside

30 May, 2014 (12:55) | Apartments, Homeownership, Housing, Law, Markets, New York City, Rent control, Speculation, Tenure, US News | 1 comment

By:David A. Smith Consider home ownership’s many benefits, which include:   1. Security of tenure. You cannot be evicted as long as you make the basic payments. 2. Controllable occupancy cost. Your cost of living there does not go up unexpectedly or unaffordably. 3. A widening bargain element in your occupancy cost, as the years […]