In this Issue

Real Estate

The (Still Frail) Incorporation of the Sustainability Concept in Chilean Urban Planning Instruments

In recent decades, there has been a growing interest and concern regarding sustainability. Various academic and political groups have disseminated this growing concern for sustainability through diverse conventions and multilateral agreements. Although the concept of sustainability has been internationally promoted, taking the concept to practice is, in the end, a task given to national governments. The national governments then frequently delegate responsibilities to lower levels of government. This is a crosscutting task that requires efforts for institutional and sectorial coordination along with capacity building,1 interdisciplinary approaches, and comprehensive planning, all combined with ongoing theoretical contributions on the subject.

Real Estate

Reflections on the Enactment of the 1968 Fair Housing Act

The fair housing act, title viii of the 1968 civil rights act,1 dealt with the fundamental right to housing and prohibited discrimination against purchasers and renters. It had an interesting enactment process that continues to have significance even today. It was passed by Congress in April 1968 with the acceptance of the United States House of Representatives of the previously-approved Senate version. By doing so, Congress avoided further delays that would have been necessary had the bill needed a conference committee to resolve any differences between House and Senate versions, and then for each house to separately approve the conference bill. The Act was signed into law by President Lyndon Johnson on April 11, 1968.

Real Property Trust and Estate

Location, Location, Mis-Location: How Local Land Use Restrictions Are Dulling Halfway Housing’s Criminal Rehabilitation Potential

Former United States Attorney General Robert F. Kennedy led the first nationwide crusade for pre-release community rehabilitation centers that sparked an on-again-off-again American love affair with the unique, though not revolutionary, corrections model.1 In 1961, the ill-fated United States Attorney General and First Brother could not have seemed more optimistic about the potential for these, as he formally dubbed them, “pre-release guidance centers” to become a central part of a modern corrections landscape.2 Kennedy proclaimed in a legal journal that the centers were “no longer an experiment” and instead now a proven method “to redirect young lives.”3

Federal Government

Employing the Prima Facie Standard in Third Party Debt Collection Default Judgments

The courts provide an important fallback venue for recovery of delinquent consumer debt accounts, but the current state of the litigation process as employed by debt buying plaintiffs, especially large corporate plaintiffs, can amount to a threat to the civil rights of debtor-defendants, especially the elderly, indigent, or unsophisticated.1 Current practice not only threatens the debtors, it also poses significant danger for the debt buyers themselves and their attorneys.


Case Notes

Case notes from The Urban Lawyer | Spring 2016 (48:2) | New York State Rifle & Pistol Ass’n v. Cuomo, 804 F.3d 242 (2d Cir. 2015), | Heller v. Dist. of Columbia, 801 F.3d 264 (D.C. Cir. 2015) | Pub. Integrity Alliance, Inc. v. City of Tucson, 805 F.3d 876 (9th Cir. 2015) | Comm’r of Ind. Bureau of Motor Vehicles v. Vawter, 45 N.E.3d 1200 (Ind. 2015) | Amerijet Int’l, Inc. v. Miami-Dade Cnty., 2015 U.S. App. LEXIS 16700 (11th Cir. 2015) | Dibbs v. Hillsborough Cnty, 625 Fed. App’x 515 (11th Cir. 2015) | Centro De La Comunidad Hispana De Locust Valley v. Town of Oyster Bay, 2015 U.S. Dist. LEXIS 117926 (E.D.N.Y 2015) | Schwartz v. Phila. Zoning Bd. of Adjustment, No. 1334 C.D. 2014 2015 Pa. Commw. LEXIS 413 (Commw. Ct. Sep. 24, 2015) | Save Mount Diablo v. Contra Costa Cnty., 193 Cal. Rptr. 3d 611 (Cal. Ct. App. 2015) | Hopkins v. City of Mendenhall, 2015 Miss. App. LEXIS 507 (Miss. Ct. App. 2015) | Raef v. Appellate Div. of Superior Court, 240 Cal. App. 4th 1124 (Cal. Ct. App. 2015) | Schlessinger v. Chi. Hous. Auth.,No. 12 C 3733, 2015 U.S. Dist. LEXIS 124503 (N.D. III. Sep. 16, 2015)