IN THE SHADOWS OF AFFORDABLE HOUSING – A NEW LEGACY EMERGES

Their image stigmatized by the development of the infamous exclusionary zoning decisions4 that bear its name, Mount Laurel Township (“Township”) has long struggled to define its own course in land development. The Township’s power to control the future of its own development was first restricted in the 1970s through judicial activism with the mandating of… continue reading

THOU ART CONDEMNED: HOW NEW JERSEY COURTS ARE SACRIFICING PRIVATE LANDOWNERS ON THE ALTAR OF EMINENT DOMAIN

New Jersey is home to six major cities: Jersey City, Trenton, Newark, Camden, Patterson and Atlantic City. Over the past 30 years, these once robust industrial and manufacturing centers have deteriorated into rusty poverty traps and unemployment enclaves. Abandoned factories and dormant, aging warehouses pollute their dreary landscapes and serve as a symbolic “unwelcome” mat… continue reading

FORECLOSURE OF A DREAM: THE IMPACT OF THE COUNCIL ON AFFORDABLE HOUSING’S NEW REGULATIONS ON THE CONSTITUTIONAL DUTY TO PROVIDE AFORDABLE HOUSING IN NEW JERSEY

Zoning laws can be used to unjustly restrict the poor from moving into adequate housing surrounded by adequate space. This note considers the tension between the constitutional duty in New Jersey requiring municipalities to provide low income housing and the means actually used by those municipalities to provide such housing. The New Jersey Supreme Court… continue reading

NOVEMBER 2005 UPDATE: EVOLUTION OF A DOCTRINE: THE SCOPE OF THE PARENTAL LIBERTY INTEREST PROTECTED BY SUBSTANTIVE DUE PROCESS AFTER MCCURDY

Sometimes a change in legal doctrine happens quickly. The attached brief was filed in the Third Circuit in December 2002 and the attached original introduction to the brief written shortly thereafter. At that time, the scope of the parental liberty interest protected by substantive due process had split the federal circuits, with the Seventh and… continue reading

MAYDAY PAYDAY: CAN CORPORATE SOCIAL RESPONSIBILITY SAVE PAYDAY LENDERS?

When Enron and WorldCom went bankrupt in 2001 and 2002, scholars, legislators, and corporate leaders scurried to find ways to prevent another major collapse in the U.S. equity markets. They scrutinized accounting practices, financial disclosure requirements, and the various components of corporations to develop new or stronger laws that would prevent future corruption and market… continue reading

THE REVIVAL OF A FORGOTTEN DISPUTE: DECIDING KOSOVA’S FUTURE

Should the rights of over two million people to live freely, self-govern, and ultimately decide their own fate, be sacrificed for the sake of preserving an ever-eroding principle of territorial sovereignty? The aforementioned is a dilemma that the international community will face when deciding the future status of Kosova. Six years after the conclusion of… continue reading

SOLUTIONS TO THE CRISIS IN AFFORDABLE HOUSING: A PROPOSED MODEL FOR NEW YORK CITY

Federal and state housing programs were created decades ago to increase the availability and quality of affordable housing in the United States. Among the most well-known of these federal programs is the Housing Choice Voucher Program (“Section 8”), that provides rental assistance to help meet the housing needs of the poor. Section 8 is administered… continue reading