There are many circumstances that could lead to failure to pay mortgage payments or property taxes. Unfortunately, in far too many cases, default on a mortgage or taxes leads to mortgage or tax foreclosure—where creditors seek to reclaim the property subject to the default.
Read MoreIn June 2023, the Supreme Court in Students For Fair Admissions, Inc. v. President and Fellows Of Harvard College (“SFFA”) found that Harvard University’s and the University of North Carolina’s affirmative action admission policies unconstitutionally employed race-based discrimination, violating the Equal Protection Clause of the 14th Amendment.[1]
Beginning with its first constitutional review of affirmative action, the Court has consistently found that the only governmental interest compelling enough to warrant the use of race in admissions policies and decisions, and thus satisfy strict scrutiny judicial review, is the institution’s interest in “obtaining the educational benefits that flow from an ethnically diverse student body.”[2] Before this first opinion in Regents of Univ. of Cal. v. Bakke, affirmative action initiatives were a “response to the legacy of Jim Crow segregation and, by extension, slavery. It was an outgrowth of the civil-rights initiatives… Diversity was part of the conversation, but it was only one of many reasons selective colleges employed affirmative action.”[3]
Read MoreAs the New Jersey Supreme Court recently noted in Malanga v. Township of West Orange, municipalities can sell or improve upon public property in a number of ways.¹ However, a redevelopment designation appears to be the best way for a municipality to maintain the greatest degree of control over the future of a given parcel, in terms of retaining ownership, choosing a developer and deciding the use to which the parcel will be put. Without such a designation, in order to facilitate non-publicly funded development of city-owned property, a city would have to auction property off to the highest bidder at an open public auction, a risky process over which the city could easily lose control.² Furthermore, though a municipality can impose conditions on the sale and restrictions on the use of property sold at auction,³ it cannot convey property for nominal consideration without a redevelopment designation, unless the property is conveyed to a very narrow set of noncommercial entities.⁴
Read MoreThis memorandum provides useful information regarding the management of a loved one’s affairs (estate) when they have passed. Estate matters can be laborious and emotionally charged. This memorandum will explain probate and administration in New Jersey and provides information for you to begin navigating the process of managing your loved one’s estate. However, this memorandum provides general information, and is not intended to serve as legal advice. No two estates are the same and the law on the administration of estates is extensive. It is recommended that you consult with an experienced estate attorney to answer any questions related to your particular circumstances.
Read MoreContinuing CLiME’s work on regulating institutional investors of 1-4 unit dwellings in cities like Newark, this legal research memo explains and accompanies model legislation, showing cities exactly how to mandate transparency of ownership among anonymous LLCs.
Read MoreBased on the previous DRIM analysis and updated 2017 DRIM analysis, three Wards have been analyzed and found to be Displacement-Risk Neighborhoods: The Central Ward, the South Ward, & the East Ward.
To better understand the trend of displacement that has occurred between years 2000, 2015, & 2017, we conduct a baseline study to analyze the specific displacement risk indicators for one Ward: The Central Ward.
Read MoreWith the increased use of public land for the sake of economic development, cities across the U.S. are facing an urban construction boom. Through the 1980s and 1990s, Newark’s construction boom focused on land-use policies, especially the tax abatement strategies for bringing about capital-intensive projects. Simultaneously, Newark’s shift to a more neo-liberal solution led to a decline in public housing and section 8 vouchers.
As Newark experiences unprecedented growth potential, Newarkers express more and more anxiety about the prospects of housing displacement brought on by the processes of gentrification that have transformed urban neighborhoods across the United States.
Read MoreBased on the previous DRIM analysis and updated 2017 DRIM analysis, three Wards have been analyzed to be considered as Displacement-Risk Neighborhoods.
To better understand the trend of displacement that has occurred between years 2000 and 2017, we conduct a baseline study to analyze the specific displacement risk indicators.
Read MoreWhat is Universal Basic Income and how can I read more about it? As UBI is featured in more discussions of mobility policies and progressive federalism, CLiME provides an overview.
Read MoreAs a member of a local affordable housing coalition and partner to Mayor Baraka's effort to implement the second right-to-counsel (RTC) ordinance in the country, CLiME led the research design of such a system and the supporting basis for its legality under New Jersey law.
This memorandum was submitted to the City of Newark in early February, with recommendations for implementing a system of free legal services for indigent Newarkers (incomes below 200 percent of the median) facing imminent eviction proceedings in Essex County court.
Read MoreWhat is the practical reality of “emotional disturbance” classifications under the IDEA? The vagueness and ambiguous nature of the “emotional disturbance” classification under the IDEA fails to accurately identify children affected by trauma as well as provide beneficial and effective services for those who do qualify. Emotional Disturbance (“E.D.”) is defined as a “condition exhibiting [at least one of five] characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance.” A child needs to exhibit one …
Read MoreThe most common consequence of trauma, such as war and natural disasters, on children is the development of post-traumatic stress disorder (“PTSD”). There are two types of trauma that a child experiences that can result in PTSD. Type I of trauma “refers to a one time, horrific, and clear cut life-endangering experience.” When “chronic stress and adversities . . . are a part of [a child’s] daily life,” it is considered Type II trauma. Based on the following research, it appears Type I can develop into Type II.
Read MorePresented April 8, 2016 as part of the Equity and Opportunity Studies Fellowship writing seminar series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark.
Read MoreThis memo is the second in a series of documents prepared as part of the Center on Law, Inequality & Metropolitan Equity's (CLiME) Trauma, Schools, and Poverty project. The classroom, as the centerpiece of a child’s daily life, is one place where theneeds of childhood trauma victims can be both collectively and individually addressed. CLiME does not assume that existing special education or antidiscrimination law in schools is the optimal means for protecting or supporting victims of childhood trauma; however, we commence this research by investigating whether schools …
Read MorePresented December 12, 2015 as part of the Equity and Opportunity Studies Fellowship writing seminar series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark.
Read MorePresented November 21, 2014 as part of the Equity and Opportunity Studies Fellowship workshop series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark
Read MorePresented November 21, 2014 as part of the Equity and Opportunity Studies Fellowship workshop series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark
Read MorePresented November 21, 2014 as part of the Equity and Opportunity Studies Fellowship workshop series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark
Read MorePresented November 7, 2014 as part of the Equity and Opportunity Studies Fellowship workshop series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark
Read MorePresented October 10, 2014 as part of the Equity and Opportunity Studies Fellowship workshop series, a partnership between CLiME at the Rutgers Law School, and the Graduate School at Rutgers University-Newark
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