Category: Supreme Court

The wrong symbol, the wrong story: Part 3, From Washington to Mount Holly

12 March, 2014 (09:00) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Inclusionary zoning, Law, Mixed-income housing, Supreme Court, US News |

[Continued from yesterday's Part 2 and the preceding Part 1.]   By:David A. Smith   As we saw in Part 2, after the Justice Department had Emily Litella-ed on defending its ‘disparate impact’ settlement cudgel in the St. Paul case, the focus of legal symbologists shifted to Mount Holly, New Jersey, where what had been a […]

The wrong symbol, the wrong story: Part 2, From St. Paul to Washington

11 March, 2014 (09:00) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Inclusionary zoning, Law, Mixed-income housing, Supreme Court, US News |

  [Continued from yesterday's Part 1.]   By:David A. Smith   In yesterday’s Part 1, the story of Mount Holly Gardens, which ought to have been another in the line of important cases on the limitations of eminent domain for economic development (ED4ED), had become redefined as a symbol of the Administration’s deployment of its […]

The wrong symbol, the wrong story: Part 1, From Mount Holly to St. Paul

10 March, 2014 (13:36) | Civil Rights, Discrimination, Economic development, ED4ED, Eminent domain, Eviction, Fair Housing, Homeownership, Housing, Inclusionary zoning, Law, Supreme Court, US News |

By:David A. Smith   For a case to reach the Supreme Court, it must involve a big principle of Constitutional law and there must be some jurisprudence along the litigation trail to suggest current precedents are in conflict with one another.    [New York City involuntary landlord James Harmon didn't have conflicting jurisprudence – however […]

It’s not the fee, it’s the split

6 July, 2012 (10:09) | Brokers, Consumer protection, Disclosure, Home sales, Homeownership, RESPA, Supreme Court |

By:David A. Smith   Any time we do something infrequently that others do every day, we’re at an information disadvantage that the experts can exploit against us – that is, if they’re unscrupulous.    Don’t judge a crook by his painter? Todd White’s The Unscrupulous   All consumer-protection statutes thus take as their basis the […]

Month in Review, April 2012

29 June, 2012 (10:13) | China, Foreclosure, Homeownership, Housing, Ireland, Litigation, Month in review, Supreme Court, US News, Zoning |

By:David A. Smith   [Previous Month in Reviews available here: Mar 12, Feb 12, Jan 12]   Among its many attributes, housing is a deeply personal asset – you are what you live in –   That’s not what we meant by mobile homes   – and so what we are permitted to do in […]