Showing papers in "Fordham Urban Law Journal in 2017"

Traffic Justice: Achieving Effective and Equitable Traffic Enforcement in the Age of Vision Zero

Abstract: "No goal is more ambitious than zero [traffic fatalities], but at the same time no other goal is acceptable." (1)--New York City Mayor Bill de Blasio TABLE OF CONTENTS Introduction 970 I. The U.S. Pandemic of Traffic Violence 973 II. Vision Zero: A New Approach to Address the Pandemic 975 A. What Is Vision Zero? 976 B. Equity in Vision Zero 979 III. Racial Disparities in Police Traffic Enforcement 980 A. Understanding Police Traffic Enforcement 980 1. Traffic Injury Responses 980 2. Traffic Safety Violations 981 3. Discretionary Traffic Stops 982 IV. Deterrence and Dangerous Driving 987 A. Mothers Against Drunk Driving: Inspiration for Effective Enforcement 987 B. Understanding Deterrence 988 1. Initial vs. Residual Deterrence and Specific vs. General Deterrence 989 2. Perceptions of Likely Apprehension and Legal Consequences 989 3. Legitimacy: Justice as Fairness 991 V. Achieving Effective and Equitable Traffic Enforcement in the Age of Vision Zero 992 A. Achieving Effective Traffic Enforcement: Deterrence Lessons Applied 993 B. Automated Enforcement Technology 995 C. Achieving Constitutional and Just Traffic Enforcement: Lessons Applied 1000 D. Beyond Police Traffic Enforcement As We Know It 1002 Conclusion 1004 INTRODUCTION In 2016, more than 40,000 people lost their lives in traffic crashes in the United States, (2) marking the third consecutive year of increases in traffic fatalities. (3) Many view increased police traffic enforcement and more aggressive prosecution as part of the solution to this violent pandemic, (4) in part because driver actions--like speeding, texting, and driver inattention--contribute to an estimated ninety-four percent of those traffic crashes. (5) At the same time, a recent shift in public discourse has shined a light on decades of racially disparate policing and criminal justice practices. (6) Horrific high-profile killings of A Mean-Americans during police traffic stops reveal only the surface of our troubled race relations and a failed enforcement and criminal justice system in the United States, where Black (7) drivers are far more likely than White drivers to be stopped by police, (8) even though contraband is possessed less often by those Black drivers, (9) and where "African-Americans are far more likely than whites and other groups to be the victims of use of force by the police." (10) In recent years, many cities have renewed their efforts to reduce traffic fatalities and serious injuries, some setting the bold goal of eliminating them altogether. (11) In New York City ("NYC") and elsewhere, this goal, named Vision Zero, has become government policy, for which police traffic enforcement is considered a vital component. (12) However, given the racial inequities in our criminal justice system, the disparate stops of Black drivers, and fatal outcomes of traffic stops, cities and transportation planners must ask whether they can defend promoting police traffic enforcement and increased prosecution to achieve their goals of preventing traffic deaths and injuries. Critically, they must ask whether such measures work, and whether there are more effective alternatives to current practices. This Article examines the role of traffic enforcement, analyzes its efficacy to deter dangerous driving, and suggests a new framework for traffic enforcement suited to the goals of Vision Zero. …

Cybermobs, Civil Conspiracy, and Tort Liability

Abstract: Introduction 1218 I. Background of Internet Harassment and Civil Conspiracy 1221 A. Internet Harassment 1221 B. Civil Litigation and its Internet Inadequacies 1229 1. Lack of Defendants 1230 2. Ease of Access and Anonymity 1236 3. Jurisdictional Issues 1240 C. Civil Conspiracy and its Features Adapted 1241 II. The Problem of Cybermobs and Civil Conspiracy as a Remedy 1245 A. Cybermobs 1245 B. Civil Conspiracy, Copyright Law, and Permissive Joinder 1248 C. Civil Conspiracy and Cybermobs 1251 III. AutoAdmit and Civil Conspiracy in Practice 1255 A. Civil Conspiracy Elements Present 1257 1. Group of Two or More 1257 2. Unlawful Objective/Lawful Objective by Unlawful Means 1258 3. Agreement 1258 4. An Unlawful Act Committed to Further the Agreement 1261 5. Harm that Was Proximately Caused by Conspiracy 1262 B. Possible Inadequacies of Cybermob Civil Conspiracy 1263 Conclusion 1264 INTRODUCTION Cities are centers of culture, learning, and debate. These urban spaces provide a stage upon which discordant voices are brought together, where communities may form, and where ideas can clash. (1) The Internet is the new urban, where dissident voices can find refuge and where the world grows closer. (2) But even as the Internet draws people closer together and allows debate to flourish, the Internet creates new ways for people to harass and harm others. (3) So as exists in cities, structures must be created to safeguard individuals while maintaining the diversity and vibrancy that makes the space desirable. The Internet allows individuals to be hurt in ways that simply did not previously exist. Several examples demonstrate the new types of harms that have become available when people use the Internet as a tool of harassment: from false accusations, gender discrimination, and inexplicable ire, to the scorning of people who tread past certain social norms. After the Boston Marathon Bombing, Sunil Tripathi was falsely accused on Reddit of being the Boston Bomber; his family received hundreds of threatening and anti-Islamic phone calls. (4) Reddit users from around the world trawled through news articles, images, and social media only to misidentify Mr. Tripathi, who had committed suicide days before the Bombing. (5) Steven Rudderham received death threats and hateful comments after accusations that he was a pedophile spread through Facebook; he committed suicide soon after. (6) After posting feminist critiques of video games, Anita Sarkeesian cancelled speaking engagements because of bomb threats, had her website shut down by hackers numerous times, was accused of being a fraud and a liar, and received death and rape threats which included her address and the names of her family members. (7) Jessica Leonhardt was eleven when she faced the ire of a cybermob; in just a few hours after someone posted one of her videos on 4chan, (8) her real name, phone number, real address, and social networking accounts circulated the Internet; harassers spammed her networking accounts, prank-called her home, and threatened her life. (9) As Leonhardt's mother said, "We've had many, many death threats. We're afraid to leave the house. We're afraid to go to bed. We're sleeping in shifts, my husband and I am." (10) Walter Palmer, the dentist who killed Cecil the Lion, received a staggeringly large amount of online abuse that quickly turned into harassment as Internet users shared his address, his phone number, uncovered information about his employees and his patients, and even vandalized his home. …

Laying the Foundation: The Private Rental Market and Affordable Housing

Abstract: The private rental housing market plays a critical, and often overlooked, role in shaping the lives of the poor and the surrounding community. This brief Article presents Matthew Desmond's rich portrayal of low-income tenants and their landlords in his groundbreaking new book, Evicted, which shows how poor housing conditions and cycles of eviction impact poor families. The Article, which also draws upon Courtney Anderson's work connecting housing instability with problematic student turnover at an elementary school, highlights the importance of story-telling. Without some sort of subsidy to cover the gap between the ability of the poor to pay for housing and the costs of construction and maintenance, the private market cannot supply additional affordable housing. Arguably, in such a reality, it is imperative that scholars make the choice Desmond made: to deliberately de-emphasize empirical studies and instead rely on stories to put human faces on the suffering connected to the existing structure of low-income private rental housing. TABLE OF CONTENTS Introduction 500 I. Tenants and Their Landlords 504 A. The Tenants 506 1. Arleen 506 2. Scott 508 3. Doreen 510 4. Lamar 511 B. The Landlords 513 1. Tobin 513 2. Sherrena 515 II. Anecdotes and Empirics 516 III. Affordability, Conditions, and Spillover Effects 520 Conclusion 527 INTRODUCTION Most poor people live in private housing, despite the fact that poverty is strongly associated with public housing in the public imagination. The promise and ambition of massive projects in cities like New York and Chicago quickly came to represent dysfunction and unchecked criminality. (1) During the 1980s and 1990s, movies and academic studies alike presented the poor in such projects as living in a dystopia at considerable distance from the experience of ordinary Americans. (2) The focus then as now was on the problems experienced by the poor living in government housing. And the solution--breaking up concentrated poverty so that the poor are less isolated--found policy expression in the mixed housing of Hope VI and, more recently, in the requirement that local housing authorities affirmatively further fair housing. (3) No wonder that many people assume that the poor generally live in public or subsidized housing when in fact most poor people do not receive public support and rely wholly on the private housing market. (4) Whether it is because the narrative that public housing is hopelessly broken has been so powerful or because the focus of policy-makers often is on programs tied to particularly funding streams, work on low-income housing tends to gravitate toward subsidized housing programs. But if the goal is to use research and policy to improve the lives of the poor, it is time to direct more attention to how the poor actually live by ending the neglect of the private low-income housing market. Fortunately, there are indications that we are entering a period of greater engagement with the struggles of the poor and of tenants dependent on the private low-income housing market. The Great Recession's origins in the housing market and the widespread vulnerability of owners and tenants that the crisis revealed brought increased attention to the housing market, which previously had been largely taken for granted. (5) As inequality in the United States has skyrocketed to levels not seen since the Gilded Age, scholars, advocacy groups, and even the larger public have begun the process of recognizing the significance of class. …

The Political Economy of City Power

Abstract: Introduction 91 I. Weak Cities 96 A. Market-Based Local Government 96 B. State-Based Federalism 98 II. Efforts to Enhance City Power 102 A. Home Rule 101 B. National Urban Policy 107 C. Regionalism 111 III. [Re]conceiving the City 114 A. The Critical Legal City 115 B. The Right to the City 118 C. The Solidarity Economy 170 IV. City Power 124 A. A New Urban Economics 124 B. A New Urban Politics 128 Conclusion 131 INTRODUCTION American cities are on the march. Many city populations have stabilized after a long decline, downtowns are thriving, and commentators celebrate the city resurgent. (1) In addition, cities are flexing their policy-making muscle. Cities have been adopting ordinances in areas as diverse as environmental protection and health care and asserting themselves into policy spaces often considered exclusive to the state or the federal governments. (2) Despite this general shift in city fortunes, however, American cities continue to be weak in important ways. Consider Detroit, which declared the largest municipal bankruptcy in U.S. history after a state receiver was appointed to take over the city's government. (3) Some Detroit residents protested the suspension of elective municipal government, but for most outsiders, neither the declaration of bankruptcy nor the appointment of a state receiver garnered much attention or outrage. (4) Questions about the efficacy and justice of appointing unelected state officials to govern entire cities were only raised after the crisis in Flint, another Michigan city with an appointed state receiver. (5) In Flint, public officials who had replaced the elected city government failed to respond to complaints about the city's water supply, which was subsequently shown to be thoroughly contaminated. (6) The failures of Flint's water supply revealed both the entrenched inequities in America's basic infrastructure and the striking limits of the electoral, economic, and political power of residents living in struggling municipalities. (7) This lack of local political power is not restricted to municipalities in serious economic crisis. After Charlotte, North Carolina adopted a transgender rights ordinance, the state legislature responded with sweeping legislation aimed at limiting the authority of local governments to regulate across a number of areas. (8) The North Carolina legislature objected to Charlotte's law because it permitted transgender citizens to use bathrooms that conformed to their gender identity, as opposed to their biological sex. In a statute known popularly as HB2, the state not only overturned the "bathroom" portion of the city's ordinance but also declared that wage and hours regulation, municipal contracting, employment discrimination, and public accommodations laws are all "properly... issue[s] of general, statewide concern, such that... [state statutes] supersede and preempt" any contrary local policy. (9) Many American cities have adopted local LGBT anti-discrimination ordinances, living wage laws, or other forms of social welfare regulation. (10) And many cities have seen state legislatures preempt those ordinances, laws, and regulations." What is striking about city power is how constrained it actually is. In 1967, political scientist Robert Dahl observed that "[c]ity-building is one of the most obvious incapacities of Americans." (12) Little has changed over the last fifty years, as suburbanization, deindustrialization, and the shift of policy-making authority from cities to states and states to the federal government has continued apace. Despite the urban resurgence of the last decades and the increased prominence of municipal lawmaking, the city's political economy remains the same. …

Erasing the Mark of Cain—An Empirical Analysis of the Effect of Ban-the-Box Legislation on the Employment Outcomes of People of Color with Criminal Records

Abstract: "Criminals, it turns out, are the one social group in America we have permission to hate. " --Michelle Alexander (1) TABLE OF CONTENTS Introduction 1154 I. Why Are Governments Banning the Box? 1157 A. Criminal Records in the Labor Market 1157 II. The Negative Credential and Race 1164 A. The Legal History That Gave Rise to the Need for States to Ban-the-Box 1164 1. History of Federal Court Treatment of Disparate Impact Challenges to Employers' Criminal Record Policies 1164 2. Legally-Mandated Discrimination 1175 3. The Rise of the Criminal Background Check Industry 1178 4. Enter Ban-the-Box Laws 1183 B. Reconsidering and Repositioning Ban-the-Box in Light of Sociological Studies and Their Political-Historical Context 1190 1. Sociological Study on Race, Criminality, and Employment 1190 2. Using Critical Race Theory and Critical Legal Theory to Consider Ban-the-Box Law 1195 III. The Failures of Existing Data on Ban-the-Box 1200 A. Ban-the-Box Data from Minneapolis, Durham, San Francisco, and New York City 1200 1. Minneapolis, MN 1201 2. Durham City and County, NC 1202 3. San Francisco, CA 1203 4. New York, NY 1206 5. Summary 1208 B. A Proposal 1209 Conclusion 1211 Appendix A 1212 Appendix B 1213 Appendix C 1214 Appendix D 1214 Appendix E 1215 Appendix F 1215 INTRODUCTION In May of 2015, Judge John Gleeson of the Eastern District of New York expunged the conviction of Jane Doe, (2) a low-income mother of four, who had been sentenced to five years of probation more than a decade earlier for her involvement in an insurance fraud scheme. (3) At the time of her conviction Doe was working as a home health aide. Her criminal record had since made it impossible to find new work in her field. (4) In his decision, Judge Gleeson wrote, "I sentenced her to five years of probation supervision, not to a lifetime of unemployment." (5) In order to make the punishment fit the crime, the judge felt it necessary to erase the record of the crime ever happening. There are over seventy million people in the U.S. with a criminal record on file. (6) Prison reformers have dubbed the criminal record "the mark of Cain" because of its indelible nature and its role as a justification for perpetual punishment--namely, exclusion from the economic and social spheres of American life. (7) This punishment is exacerbated by racial prejudice and the real and perceived connections between race and criminal justice involvement in this country. (8) Jane Doe is black and, in the decision, Judge Gleeson acknowledged her race as "even more of an impediment to her employment prospects than her conviction." (9) In the U.S. job market, race has effectively become a proxy for criminality. (10) Sociologists have begun to draw attention to the racial disparities in both the population "marked" by a criminal record and the civic penalties inflicted on that population upon reentry into society. (11) Studies show that the criminal justice system acts as a manufacturer of inequality in the labor market. …

Disrupting the Trajectory: Representing Disabled African American Boys in a System Designed to Send Them to Prison

Abstract: This Essay presents the narrative of three African American brothers as they journey through the special education system. Their narrative illustrates the human cost of the failure to implement reforms meant to combat the systemic inequality that supports the school-to-prison pipeline. The brothers’ narrative is shaped by several factors all too common to the school-to-prison pipeline: unequal treatment of children of color in schools; lack of access to quality health care; structural flaws in the Individuals with Disabilities Education Act (“IDEA”); and poverty. The IDEA is a statute designed to protect the rights of children with disabilities by mandating that states provide students with disabilities with a “free appropriate education” tailored to their unique needs. This Essay recommends interim solutions to address the negative outcomes for students with disabilities caught in the school-to-prison pipeline. Namely, students with disabilities should have access to free interdisciplinary legal services to enforce their rights under the IDEA and to assist with providing access to health care. The Essay suggests that, although there is widespread recognition of the need to implement reforms to address the school-to-prison pipeline, achieving reform is complicated by the deep structural flaws in the systems that contribute to the pipeline. As a result, reform is a slow-moving process. All the while, a whole class of students continues to enter the pipeline and face potentially grave consequences. These students need solutions now. While access to justice and health care advocacy will not eliminate the pipeline, it can provide much-needed relief for individual students and disrupt the pipeline, one case at a time.

Meeting the Needs of All Students: Amending the Idea to Support Special Education Students from Low-income Households

Abstract: Introduction 794 I. Overview of the Individuals with Disabilities Act 797 A. Connecting Poverty, Disability, and Education 798 B. History and Evolution of Special Education Law 801 C. Overview of Individuals with Disabilities Education Act 803 D. The Role of Parents in the Individuals with Disabilities Education Act 807 E. Barriers that Prevent Parents from Effectively Advocating for Their Children 810 1. Development of the Individualized Education Program and Unequal Bargaining Power of Parents Compared to Schools 811 2. Financial Inability to Retain Council 814 F. Consequences of Unequal Enforcement 818 II. Proposals to Address the Shortcomings of the Individuals with Disabilities Act 819 A. Burden Shifting Prior to Individualized Education Program Implementation 820 B. Putting Parents in Touch with Each Other 822 C. Addition of a Legal Advocate to the IEP Team 824 III. Addition of a Special Education Counselor as a Family Advocate 875 A. Elimination of the Mandatory Regular Education Teacher 826 B. The Benefits of School Counselors 828 C. School Counselors as Family Advocates 829 Conclusion 831 INTRODUCTION In 2011, Jonah entered the tenth grade, reading between a first grade and third grade level. (1) He struggled to read simple words like "chicken," and had never passed a state assessment in reading, math, or science. Although he aspired to join the air force, because of his low reading and math levels, he struggled to obtain qualifying scores on his military aptitude exams. (2) Jonah attended a school that served a low-income population, and nearly seventy percent of his classmates were eligible for a free or reduced lunch. (3) A new special education teacher, who entered her first classroom just one month before meeting Jonah, was in charge of developing and checking on Jonah's academic and emotional well-being. She taught three out of four periods per day, and during her fourth "free period" she observed her students in their regular education classrooms, updated data to track their progress, drafted Individualized Education Programs ("IEPs"), and ran IEP meetings. At his IEP meeting, Jonah's father, exhausted after finishing another night shift, listened to Jonah's special education teacher rattle away about "benchmarks" and "accommodations." Unsure about what everything meant, he kept quiet, his eyes staring down at the table or occasionally over to Jonah, who was visibly uncomfortable by the number of teachers talking about his career goals and academic shortcomings. A regular education teacher sat in the corner, politely listening but straining to follow along. Apart from seeing him around campus, she did not know Jonah, and because his reading level was so low, there was little to no chance that he would ever step foot in her classroom. Before the meeting concluded, Jonah's teacher asked his father if he approved of the proposed accommodations. Although he was not convinced that "extra time to complete assignments," or "frequent breaks" would help Jonah's reading level, he nodded his head. He knew Jonah's reading level was low, but he did not know how else to help him. The vice principal handed Jonah's father a copy of his procedural rights and asked if he would like it read to him. …

Discovering that the Poor Pay More: Race Riots, Poverty, and the Rise of Consumer Law

Abstract: Introduction 1319 I. Unraveling Dreams for a Great Society 1320 II. Race and Economic Justice 1321 III. The Search for Good Explanations 1322 IV. Explaining Urban Unrest as Consumer Revolt 1325 Conclusion 1327 INTRODUCTION David Caplovitz earned a Ph.D. in Sociology from Columbia University in 1960, became a director of Columbia University's Bureau of Applied Social Research, and then a Professor of Sociology at the City College of New York. (1) His Ph.D. thesis, which investigated the spending habits of low-income urban consumers, was published in 1963 by the Free Press, with the title, The Poor Pay More. (2) He is remembered today primarily for that book, and for other writing on the subject of the financial difficulties faced by poor consumers. (3) The insights of David Caplovitz helped courts, law-makers, and many middle-class Americans appreciate the complicated relationship between culture, law, and the exploitation of poor consumers. This Symposium Issue is centered around the fiftieth anniversary of the publication of The Poor Pay More, but please note that a hardcover edition appeared earlier, in 1963--not 1967. This means that we are celebrating, now, the fifty-fourth anniversary of the book. Nevertheless, I applaud the Journal for its decision to hold an event this year, which is the fiftieth anniversary of the paperback, and it is the paperback whose publication occurred at the height of its major impact. (4) I would like to offer a short explanation about why The Poor Pay More came to be among the most significant factors stimulating the reconstruction of consumer financial protection law in America and around the world. I. UNRAVELING DREAMS FOR A GREAT SOCIETY The assassination of President John F. Kennedy in November 1963 brought with it a period of political anxiety and social upheaval. (5) Hoping to mitigate traumatic discontinuity, Lyndon Johnson almost immediately pushed forward plans for a "War on Poverty" as well as a new Civil Rights Law that would, hopefully, become Kennedy's legacy as well as his own. Johnson took up these objectives and other measures to build a "Great Society" with the determination that the nation would combat racism and would combat poverty. But combat in Southeast Asia interrupted his domestic crusades. Military troops in Vietnam increased from approximately 16,000 at the end of 1963 to 184,000 two years later. (6) The buildup did not defeat the enemy, however, and the difficulties of military success emerged through daily news reports. The War became increasingly unpopular. Particularly divisive was the class-biased, compulsory military draft, which depended on the urban poor and readily permitted college students' deferments. The War also devoured the domestic goals of the Johnson Administration. Budgetary resources for the Great Society diminished, despite assurances that the nation could afford guns, and butter, too. Along with diminished resources came the disintegration of a social consensus over domestic priorities and methods. The very spotlight that had been cast by civil rights leaders and political progressives also highlighted disagreements over the causes and cures for poverty and for racism. From the mid-1960s, social indicators exposed a generational divide between young people and their elders, a divide over proper relations between the sexes, a divide over proper policing and the treatment of criminal defendants, and--perhaps most explosively--heightened racial antagonism. II. RACE AND ECONOMIC JUSTICE During the Johnson years, violence, vandalism, and civil disorder appeared in scattered cities nationwide. (7) During the summers of 1964 and 1965 riots happened in Rochester, New York; Harlem; Philadelphia; and Watts, California. In 1966 there were race riots in predominantly poor black neighborhoods in many more cities, including Chicago, Atlanta, Cleveland, Lancing, Michigan, and Waukegan, Illinois. …

The Neighborhood as Commons: Reframing Neighborhood Decline

Abstract: Neighborhood decline and the resulting erosion of the urban housing stock in the U.S. are typically viewed as products of forces beyond the control of cities. Yet if urban neighborhoods have the characteristics of a commons, homeowners and landlords may adopt strategic behaviors that lead to a cycle of disinvestment in the housing stock, followed by abandonment. Low-income neighborhoods may be especially vulnerable to this dynamic. If decline is a tragedy of the commons, it is potentially avertible by neighborhood collective action. Using principles drawn from research on common-pool resources, we develop a mode of analysis applicable to the neighborhood commons and apply it to an illustrative case on Buffalo's West Side. Because collective action among neighbors is largely tacit, not based on explicit agreements, it tends to be driven by individual perceptions. The analysis suggests ways to reverse the disinvestment cycle by facilitating collective action: fostering a shared sense of neighborhood responsibility among residents; strategically using neighborhood improvements to alter perceptions and thereby leverage reinvestment in the housing stock; and securing effective neighborhood access to legitimate means of coercion for the enforcement of housing rules. TABLE OF CONTENTS Introduction 412 I. Succession and Decline: Previous Research 415 II. Is the Neighborhood a Commons? 417 III. An Illustrative Case on Buffalo's West Side 423 IV. Governing the Neighborhood Commons 430 A. Principle 1: Clear Boundaries 431 B. Principle 2: Proportional Sharing of Benefits and Costs 432 C. Principles 3 and 4: Rule Making and Monitoring 432 D. Principle 5: Available Sanctions 433 E. Principle 6: Conflict Resolution 433 F. Principle 7: External Recognition 434 G. Principle 8: Nested Organization 434 V. Facilitating Collective Action 435 A. Obstacles to Neighborhood Responsibility 437 1. Incentives 437 2. Isolation 437 3. Boundaries of Responsibility 438 4. The Law of Trespass 439 5. A Punitive Sense of Justice 440 B. Leveraging Investment 441 C. Obtaining Enforcement 442 Conclusion 448 INTRODUCTION Neighborhood decline is a long-standing, perplexing problem in urban America, (1) resulting in an ongoing deterioration of the housing stock, much of it abandoned and eventually demolished. (2) Despite promising indications of urban revival at the turn of the century, (3) the erosion of the housing stock has continued at an alarming rate. Brookings reports that vacant housing increased by 4.5 million units, or forty-four percent, from 2000 to 2010, with vacancies concentrated in older, industrial cities: "[b]oarded houses, abandoned factories and apartment buildings, and vacant storefronts are a common part of the landscape in large cities like Detroit, Buffalo, and Philadelphia, and a host of smaller cities." (4) Explanations of neighborhood decline have focused largely on factors beyond the control of cities: an aging housing stock, suburbanization, and poverty. (5) The standard model of neighborhood decline is based on income succession: as neighborhoods age, lower-income residents succeed higher-income residents who depart for newer housing elsewhere, leaving behind a housing stock increasingly costly to maintain. (6) Whether as renters or homeowners, a succession of lower-income residents is less and less able to generate income sufficient to maintain the housing stock. …

City Power in a New Era of Localism

Abstract: Introduction 1449 I. Rethinking City Power 1450 II. Unleashing the City 1456 Conclusion 1461 INTRODUCTION Are we beginning a new age of localism? Between the "Brexit" vote, the city-rural divide exposed by the American presidential election, and, more positively, the New Urban Agenda agreed to the United Nations Habitat III conference in Quito, evidence abounds that we are moving into a period that values local over global, the specific over the general. (1) It is a propitious moment for the publication of Richard Schragger's excellent book, City Power: Urban Governance in a Global Age. (2) This book is a reminder that nations and their economies, social systems, and cultures, are primarily conglomerations of local economies, social systems, and cultures. This has been true for centuries, and was particularly true in the United States, as Schragger points out, in its periods of greatest dynamism. (3) The city, he argues with much evidence, created America. And since cities are at the front of creativity, economic growth, and cultural development, they deserve respect in our governmental system. As Schragger ably demonstrates, respect for local decision-making is the proper foundation of our federal system. (4) Moreover, as Schragger argues, the law should organize itself around supporting the power of citizens to govern themselves at the local level. (5) I. RETHINKING CITY POWER City Power is a major contribution to the literature about the history, current scope, and future prospects of urban economic, political, and social power in the United States. Schragger makes a strong argument for an expansive view of the role of cities and the power they should have. This Review assesses Schragger's major and most innovative arguments about local power in the United States, and uses Schragger's arguments to propose ways to go beyond "unleashing" local government by creating legal structures that prioritize and exploit the strengths of localism to build a better society. The current political climate, both nationally and globally, makes this an ideal moment to set up sustainable local government structures--structures that would contribute to the global debate over the role of the city in society. City Power addresses two deeply connected issues: first, whether cities can govern themselves, and second, whether cities should be allowed to govern themselves. Schragger answers yes to both. (6) Cities have the power to shape their economies and social systems, and they should use this power to improve life for their citizens. As Schragger says this book is "really about the relationship of local economy and legal institutions." (7) Cities, Schragger argues, shape economic growth and are shaped by it. Cities have shown themselves, through boom and bust, to be creative responders to the challenges facing their residents. With greater freedom, Schragger argues, cities can develop innovative solutions to the challenges of poverty, sustainability, and other social problems. (8) Yet cities have been limited in their abilities to respond to these challenges. These limits are both legal and conceptual. State and federal laws restrict the authority of cities to provide services, regulate markets, and engage in policy innovation. (9) Even more restrictive than these legal limitations is the view during the past half century that what cities should do to respond to urban challenges extends only to their role as competitors for "consumer-citizens" whose only concerns are the bundle of goods that they, as cities, can offer. (10) Schragger argues this competitive city model has narrowed what is possible in our cities, and people need to open their minds to alternative approaches: My own conception of the city is grounded in its public role: the city as a site for individual and collective economic and political development. Like all cities, that city is an abstraction. …

Limiting the Collective Right to Exclude

Abstract: For decades, society's disparate interests and priorities have stymied attempts to resolve issues of housing affordability and equity. Zoning law and servitude law, both of which have been robustly empowered by decades of jurisprudence, effectively grant communities the legal right and ability to exclude various sorts of residences from their wealthiest neighborhoods. Exclusion by housing type results in exclusion of categories of people, namely, renters, the relatively poor, and racial minorities. Although our society's housing woes may indeed be intractable if we continue to treat a group's right to exclude with the level of deference that such exclusionary efforts currently enjoy, this treatment is unjustifiable. Courts should acknowledge and consider the broad public and private costs that are created by a group's unfettered right to exclude. A more balanced approach would weigh individual autonomy to control property and various public harms resulting from community exclusions against legitimate community needs to exclude certain residents and uses. Judicial limits of the collective right to exclude may enable real progress toward fair and affordable housing to be achieved at last. TABLE OF CONTENTS Introduction 452 I. Justifications for the Collective Right to Exclude 456 A. The Core Right in Property's Proverbial Bundle of Sticks 456 B. Justifications for a Collective Right to Exclude 458 C. Promoting Property Values by Limiting Housing Supply 469 II. Calculating the Costs of Collective Exclusion 477 III. How To Limit the Collective Right to Exclude 482 A. Ineffectiveness of Top-Down Control of Local Housing Exclusion 483 B. Economic Motivators and Market Meddling 487 C. An Individual Rights Approach to Controlling the Collective 489 Conclusion 495 INTRODUCTION At first glance, there is nothing remarkable about judicial enforcement of local use-based zoning restrictions or private community regulations prohibiting rental housing in a given community. Most courts agree that public and private community interests in maximizing property values and development harmony amply justify far-reaching zoning and servitude limitations on an individual owner's control of her property. In some cases, the public good might actually warrant such limitations on individual property rights, but perhaps not in cases where asserted public benefits are outweighed by actual public harms. The question of whether a community can exclude certain uses and residents from its midst should be determined by balancing not only purported community benefits against the autonomy impact of limitations on a particular owner's right to use, but should also weigh the broader societal harms caused by a collective right to exclude, including ill-effects on non-owners, including would-be residents, and on the housing market as a whole. Such broader effects could in many cases justify limitations on a group's right to exclude. By limiting a community's ability to exclude, courts may be able to break through the land-use stalemate that currently renders America's housing system unsustainable and unfair and may allow market forces and individual owner self-interest to increase housing supply, affordability, and equity. In his thought-provoking article, "Affordable Housing" As Metaphor, (1) Professor Steven J. Eagle articulates and addresses the systemic challenges that plague efforts to achieve three affordable housing goals: (1) developing an ample supply of a range of housing that maximizes economic productivity, (2) preserving neighborhood accessibility and value for existing residents, and (3) improving housing affordability and equity. …

Preemption, Federalism, and Local Democracy

Abstract: Introduction 133 I. The Context of the Preemption Battle 136 A. Republican States and Democratic Cities 136 B. Preemption and the Urban/Rural Rivalry 143 II. How the Deepening Rural/Urban Conflict Threatens Our Democracy 147 A. Madisonian Democracy 147 B. The Hardening of Partisan Affiliations 148 C. The Zero-Sum Political Economy of Globalization 150 D. The Cultural Costs of Globalization 156 E. Fight over the Franchise 159 F. Reasons for Optimism 161 III. The Failed Promise of Intrastate Federalism 163 A. Federalism and Madisonian Democracy 163 B. Intrastate Federalism 165 1. Legislative Districting 166 2. Local Government and Home Rule 168 C. Intrastate Federalism's Failure 170 D. Reviving Intrastate Federalism 174 Conclusion 177 INTRODUCTION Throughout the United States, city residents are coming to the uncomfortable realization that they have no right to local democracy. In just the past few years, state legislatures have blocked local governments from enacting all kinds of legislation, including ordinances dealing with smoking, hydraulic fracturing, the minimum wage, gun control, nutrition, civil rights, immigration, plastic bags, and more. (1) The sheer volume of local enactments being "preempted" by state legislation has reached nearly epidemic proportions. One watchdog organization reported that 2015 was the most popular year for preemption in American history, with twenty-nine states considering comprehensive bills to preempt all manner of local legislation. (2) Though it is hardly unprecedented for states to preempt local regulations, the breadth and ambition of the recent preemption efforts have rarely been seen in American history. These efforts are the result of a profound political realignment within many states that is reverberating throughout our democratic system, and undermining many assumptions about the nature of our democracy. This Article uses the lens of preemption to examine the broader political trends it exemplifies and gauge the capacity of our democratic institutions to withstand them. Part I explains that preemption has become more prevalent because cities are now overwhelmingly Democratic while state legislatures, dominated by representatives of rural areas, are overwhelmingly Republican. The vertical relationship between cities and states is now an outlet for a partisan conflict between rural and urban areas. Part 11 describes how the nearly perfect alignment of geographic divisions with partisan affiliations has elevated the stakes of political conflict between cities and states, and raised important questions about the future of liberal democracy. The "Madisonian" vision of a democratic society characterized by ever-shifting coalitions has been threatened as heightened partisanship, geographic segregation, and the cultural and economic impacts of globalization have hardened the division between urban Democrats and rural Republicans into a perhaps permanent zero-sum conflict. Preemption is one front in this conflict, as rural Republicans seek to negate the cultural and economic gains they see urban Democrats making at their expense. Part III looks to federalism as a possible means of mediating the conflict between urban and rural areas. Federalism has long been a tool for accommodating the competing claims of different groups within the framework of the nation-state. Though state constitutions lack the robust federal structure of our national Constitution, conferring upon sub-state groups few of the rights that the national Constitution grants states, most states nevertheless provide some recognition for group rights through a de facto sort of intrastate federalism. …

Policing the Poor and the Two Faces of the Justice Department

Abstract: Introduction 1431 I. The Civil Rights Division and Policing 1435 II. The United States Attorneys' Offices and Policing 1440 Conclusion 1446 INTRODUCTION When police misconduct reaches a boiling point in cities throughout the country, there is a common refrain: "call in the feds." And "the feds" have often responded. During the Obama Administration, the Civil Rights Division of the Department of Justice issued reports and entered into consent decrees with several police departments, including Chicago, Baltimore, Ferguson, and New Orleans. The reports detailed widespread patterns and practices of unconstitutional stops, searches, seizures, stark racial discrimination, and lack of accountability for misconduct. The findings exposed and explained persistent problems with policing and highlighted how police misconduct disproportionately affects the poor and people of color. (1) FORDHAM URB. L.J. But even during the Obama Administration, the work of the Justice Department failed to address another significant contributor to police misconduct: the Justice Department. The very same problems with policing identified by the Civil Rights Division were, and are, exacerbated by the daily work of federal prosecutors in U.S. Attorneys' Offices, offices overseen by the Criminal Division of the Justice Department. (2) This occurs because a significant number of federal criminal prosecutions now derive from local police arrests, and the prosecutors in those cases routinely obstruct efforts to examine the behavior of police officers. They do so by using the threat of more severe sentences to dissuade the accused from going to trial or from filing motions to suppress evidence alleging constitutional violations of the exact same variety cited by the Civil Rights Division, such as illegal stops, searches, seizures, and interrogations. (3) Moreover, on the occasions when the accused risk those severe consequences by going to trial or filing motions to suppress, prosecutors fight defense efforts to access or use records showing prior misconduct by the officers whose conduct is at issue, and defend the officers to the hilt--sometimes even after a judge finds serious wrongdoing. (4) Indeed, in New York City alone, at least twenty police officers testifying in federal criminal cases have been found not credible by federal judges, yet no adverse actions were ever taken against the officers by federal prosecutors (or by anyone else). (5) These actions by federal prosecutors are all the more significant because of the growth in joint local and federal investigations. Cases involving drugs, gun possession, and robbery that were once exclusively prosecuted in state court are now routinely brought by federal prosecutors for the purpose of imposing more severe sentences and, in many instances, affording defendants fewer procedural rights. (6) The prosecutions fall heavily on poor people of color: approximately eighty percent of all federal defendants are too poor to hire a lawyer and roughly three-quarters are non-white or Hispanic. (7) Federal prosecutors thus rely heavily on, and protect, local police officers whose misconduct might, under different circumstances, be exposed by a Civil Rights Division investigation. When it comes to federal prosecutors' role in holding police officers accountable for illegal conduct, public debate often focuses on whether prosecutors should charge an officer for excessive force in a high profile death, such as the shooting of Michael Brown in Ferguson or the choking of Eric Garner in New York City.(8) Far less noticed is how federal prosecutors respond to allegations of police misconduct in the thousands of criminal cases they prosecute every year. Police misconduct is routinely discovered in criminal cases. FORDHAM URB. L.J. This makes sense: part of a defense lawyer's job is to examine how the police engaged in an investigation. …

Transit-Oriented Developments Make a Difference in Job Location

Abstract: TABLE OF CONTENTS Introduction 1080 I. TODs and Job Attraction 1084 II. Analytic Approach 1087 III. Light Rail Transit Job Location Results 1091 IV. Bus Rapid Transit Job Location Results 1094 V. Streetcar Transit Job Location Results 1097 Conclusion 1099 INTRODUCTION Between 2015 and 2050, more than two-thirds of all nonresidential development will be redeveloped or otherwise repurposed. (1) Outside most of the largest metropolitan areas, such as Boston, Chicago, Los Angeles, New York, Philadelphia, the San Francisco Bay Area, and Washington, D.C., fixed-guideway transit systems in the U.S. are in their infancy. As existing systems are expanded and new ones added, it is important for transit system decision-makers to assure that transit investments generate economically and politically acceptable rates of return. As this large-scale redevelopment unfolds, consider transportation trends of the past century. Urban America's transportation systems were transformed during the twentieth century. At the turn of the twentieth century, streetcars, horses, and walking dominated personal transportation. (2) Only America's largest cities, such as Boston, Chicago, New York, and Philadelphia, had heavy-rail or subway systems. (3) Automobiles were expensive and not accessible to the mass market. (4) Between the middle 1910s and middle 1920s, the cost of automobiles dropped precipitously through assembly line production efficiencies, but even through the Second World War, much of urban America depended on public transit to get around. Many larger cities also saw the rise of long-distance commuter rail systems allowing some affluent workers to live in rural Pennsylvania, for example, and commute through New Jersey to Manhattan, New York City. (5) However, America's transportation systems and landscape changed after World War II. America transitioned from an urban nation to a suburban nation, where the automobile supplanted public transit as the chief means of mobility, as shown in Figure 1. (6) This transformation fueled the phenomenon known as "urban sprawl." (7) This figure shows the change in transit ridership, population, and automobile ownership relative to 1925. The five trends (population, automobile registrations, streetcar/light rail, rapid rail transit, and bus ridership) now are presented as ratios to their 1925 levels. For example, in 1950, bus ridership was about six times its level in 1925. On the other hand, by 1950, streetcar ridership had dropped to a fraction of its 1925 level. (9) The last decades of the twentieth century into the first decades of the twenty-first century saw a subtle but important shift in Americans' preferences in transportation mode, mainly in their choice to use automobile or transit chosen for such destinations as work or shopping. This shift may or may not signal longer-term changes in urban development patterns. The shift is occasioned by the rise of several kinds of fixed-guide way transit ("FGT") systems outside America's largest metropolitan areas. They include light rail transit ("LRT"), bus rapid transit ("BRT"), and streetcar transit ("SCT") systems, among others. (10) Importantly, Figure 2 illustrates the growth in the use of FGT systems, and change in the vehicle miles traveled by automobiles, compared to population growth between 2003 and 2014. Between those years, America's population grew by nearly ten percent; however, the nation's total automobile miles traveled by all passengers grew by less than five percent, while the nation's total FGT miles traveled by all passengers grew by about thirty-three percent. (11) To be sure, more than eighty-eight percent of all personal miles traveled in the U.S. are still via automobile. (12) But the shift toward FGT use is noticeable. The shift toward FGT use also signals important changes in the distribution of America's jobs and people. …

Disparate Impact Lacks an Impact: The Need for Pay for Success Programs to House Formerly Incarcerated People

Abstract: "As a society, our decision to heap shame and contempt upon those who struggle and fail in a system designed to keep them locked up and locked out says far more about ourselves than it does about them." (**) TABLE OF CONTENTS Introduction 530 I. Background 535 A. Incarceration, Segregation, and Poverty Today 540 B. The Importance of Reducing Recidivism 541 C. The Intersection of Homelessness and Incarceration 542 D. Forms of Housing Discrimination Formerly Incarcerated People Face 544 E. HUD Guidance and the Fair Housing Act: The Litigation Regime 547 F. State Action to Address Discrimination in Criminal History Screening 552 II. Frameworks for Addressing Housing Issues Faced by Formerly Incarcerated People 554 A. The Disparate Impact Fix: The Current Model Does Not Adequately Address Problems Faced by Formerly Incarcerated People 554 B. The Equal Protection Fix : Making Formerly Incarcerated People a Protected Class 560 1. The Case for Making Formerly Incarcerated People a Protected Class 560 2. Creating a Protected Class Will Not Adequately Address the Access to Housing and Housing Discrimination Problems Faced by Formerly Incarcerated People 562 C. The Local Fix: The Case for Pay for Success Implementation in States and Municipalities 564 1. The Structure of Pay for Succ ess 566 2. The Benefits of Pay for Success 567 3. The Risks of Pay for Succ ess 570 4. Federal and State Support for Pay for Succ ess 574 5. New York' s Recidi vism Pay for Succ ess Program and Massachusetts ' Homele ssness Pay for Succ ess Program 576 6. Proven Models: Non-Profits that Address Housing Issues of Formerly Incarcerated People in New York 579 III. Recommendations for the Future: State and Local Government Implementation of Pay for Success Programs for Formerly Inc arcerated People 581 Conclusion 584 INTRODUCTION The United States is home to less than five percent of the world's total population, yet houses nearly twenty-five percent of the world's prison population. (1) Almost one-third of Americans have a criminal record. (2) For the past twelve years, an average of 650,000 people have been released annually from federal and state prisons. (3) Over ninety-five percent of people currently incarcerated in state prisons will be released at some point in the future. (4) Where will they live? This issue has especially impacted Black communities throughout the United States. Indeed, Black Americans are vastly overrepresented in the American prison system: 1 million of the 2.3 million people currently incarcerated are Black Americans. (5) Statistically, Black Americans make up 13.3 percent of the total population of the United States yet comprise 37.8 percent of the federal incarcerated population. (6) In other words, Black Americans are incarcerated at "nearly three times their proportion of the general population." (7) For many formerly incarcerated people, the pathway to reentering society is fraught with obstacles. One substantial barrier is obtaining access to safe, secure, and affordable housing--an integral step for successful reentry. …

What's Love Got to Do with It? How Current Law Overlooks the Complexities of Intimate Partner Violence on College and University Campuses

Abstract: Introduction 834 I. An Overview of Intimate Partner Violence on Campuses: Prevalence, Characteristics, and Legal Obligations for Schools 836 A. The Scope of the Problem 836 1. Pervasiveness of Sexual Violence 837 2. Pervasiveness of Intimate Partner Violence 838 B. Unique Complexities of Intimate Partner Violence 841 1. The Cycle of Violence 842 2. "Why Don't You Leave?" 843 C. Legal Regimes 844 1. Title IX Application 845 2. VAWA Reauthorization Application 847 D. Specific Legal Requirements 849 1. Title IX Compliance 849 a. Notice of Nondiscrimination 849 b. Prompt and Equitable Grievance Procedures 850 c. Remedies and Enforcement 852 d. Education and Prevention Under Title IX 852 2. VAWA Reauthorization Compliance 853 a. TheCleryAct 853 b. Student Discipline Under the VAWA Reauthorization 854 c. Education and Prevention Under the VAWA Reauthorization 856 II. Shortcomings of the Ways Schools Address Intimate Partner Violence 856 A. Notice-Based Standard 856 B. No-Contact Orders 857 C. Stalking 858 D. Lack of Specific Acknowledgment 859 III. Recommendations for Reform 860 A. Regulatory Reforms 861 B. Institutional Reforms 863 C. Educational and Preventative Initiatives 864 Conclusion 865 INTRODUCTION 'As I dropped Yeardley off in Charlottesville each year, my biggest concern was that she may be injured on the lacrosse field or, even worse, be hurt in a car accident. Relationship violence was never on my radar screen ...." (1) --Sharon Love, Yeardley's Mother In the spring of 2010, Yeardley Love was enjoying her final semester at the University of Virginia, where she had dreamed of attending school her whole life. Yeardley embraced her time in college to the fullest, joining a sorority and playing on the women's lacrosse team. The shock and horror Yeardley's loved ones experienced upon learning that she was beaten to death by her ex-boyfriend just three weeks shy of her graduation is unimaginable. Her story, however, is all too common. (2) On Thanksgiving of 2014, Shannon Jones, a senior at Cornell University, was strangled to death by her boyfriend. (3) The very next day, Nadia Ezaldein, a law student at the University of Chicago, was shot and killed by her ex-boyfriend. (4) That same year, Cecilia Lam, a student at San Francisco State University, (5) and Diamoney Greene, a student at the University of South Carolina, (6) were also killed by intimate partners. The Centers for Disease Control defines intimate partner violence as "physical violence, sexual violence, stalking and psychological aggression... by a current or former intimate partner." (7) Reports indicate that more than three women are murdered by husbands or boyfriends each day. (8) Although high-profile stories like these have sent Shockwaves through college communities, violence by intimate partners is nonetheless largely overlooked in the college and university setting. …

The School to Prison Pipeline's Legal Architecture: Lessons from the Spring Valley Incident and its Aftermath

Abstract: This Article examines the 2015 Spring Valley High School incident – the high-profile arrest of a Columbia, South Carolina high school student for “disturbing schools” in which a school resource officer threw her out of her desk – to identify and illustrate the core elements of the school-to-prison pipeline’s legal architecture, and to evaluate legal reforms in response to growing concern over the pipeline The Spring Valley incident illustrates, first, how broad criminal laws transform school discipline incidents into law enforcement matters Second, it illustrates how legal instruments that should limit the role of police officers assigned to schools (school resource officers) can direct their involvement in situations that school officials should handle without law enforcement Third, too few diversion programs are operated by schools, leading to law enforcement involvement as a means to access such programs Fourth, prosecutors too rarely exercise discretion to screen out charges that are ill-suited for juvenile court involvement The Spring Valley incident helped catalyze promising, but incomplete, legal reforms in South Carolina Some reforms have caused some important successes – most notably, the Richland County (Columbia) Sheriffs Department’s school resource officers have cut school-based arrests of teenagers significantly Statewide, a bill has passed one house of the legislature to narrow the scope of disturbing schools A new state regulation limits when schools may refer misbehavior to law enforcement Reforming all aspects of the pipeline’s legal architecture would lead to broader and more lasting change

Confusion in Montgomery’s Wake: State Responses, the Mandates of Montgomery, and Why a Complete Categorical Ban on Life Without Parole for Juveniles Is the Only Constitutional Option

Abstract: In 2012, the United States Supreme Court in Miller v. Alabama held that mandatory life without parole sentences for juvenile offenders are unconstitutional. Several years later, the Court in Montgomery v. Louisiana determined that Miller must be applied retroactively. However, Montgomery did more than decide the issue of retroactivity—it expanded Miller’s holding. Following the decision in Montgomery, state courts have split over whether the decision requires additional protections for juveniles facing life without parole sentences. This Article outlines the differing state responses to Montgomery, examining disagreements over when Montgomery’s protections are triggered and what procedural safeguards are required at sentencing. It then proceeds to argue that Montgomery does in fact mandate additional procedures beyond what many states have implemented. Montgomery is itself a groundbreaking decision that requires significant changes to current juvenile life without parole sentencing schemes. Even if states implement the additional protections necessitated by Montgomery, the reasoning behind this, as well as prior opinions, make a categorical ban on life sentences without parole the only constitutional option for juveniles.

Escaping the Abdication Trap When Cooperative Federalism Fails: Legal Reform After Flint

Abstract: TABLE OF CONTENTS Introduction 1330 I. The Drinking Water Regime in Theory and in Practice 1332 II. Why Do We Observe Abdication? 1340 III. The Relationship (or Lack Thereof) Between Information, Political Mobilization, and Law 1348 IV. Legal Reform as Institutional Re-Design: Moving Away from Cooperative Federalism 1349 V. The Role of Citizen Suits 1351 INTRODUCTION Beginning in 2014, the residents of Flint, Michigan were poisoned by lead in their drinking water. (1) Federal, state, and local officials ignored citizen complaints about their drinking water, despite the fact that a university laboratory confirmed the presence of high levels of lead in the water in August 2015. (2) As a Task Force appointed by Michigan's governor concluded, "[t]he significant consequences of these failures for Flint will be long-lasting. They have deeply affected Flint's public health, its economic future, and residents' trust in government." (3) Flint is one example of a larger phenomenon I label "the abdication trap." A great deal of health, safety, and environmental law in the United States comports with a model that has been dubbed "cooperative federalism," in which states are called upon to be regulatory partners with the federal government in the implementation of federal programs. (4) While much of the literature and the law of cooperative federalism focuses on federal-state relations, (5) the reality is that the key relationships often are not only between federal and state officials but also between state and local officials. Broadly speaking, the federal government delegates responsibility to the states, and the states delegate responsibility to a range of local entities. (6) With each delegation, there is supposed to be a commitment to ongoing supervision and, if need be, a reassumption of authority by the delegator from the delegate in order to meet the aims of the relevant regulatory regime. Especially in the environmental context, as with the Federal Safe Drinking Water Act, (7) citizen suits add another layer of complexity to governance. This Article argues that, with respect to our federal regime for safe drinking water, what we observe is not cooperative federalism but rather a triple abdication: abdication of responsibility on the part of the federal, state, and local governments. (8) As a result, some localities inadequately test for or fail to address problems in drinking water, including problems with lead, as in Flint, Michigan. (9) The triple abdication of responsibility for addressing lead in water is in large part due to the lack of political will at the federal and state level to provide localities with the funding they realistically would need to upgrade their infrastructure to remove lead pipes. (10) The relevant actors do not want to know, or do, anything about such problems because there is simply not enough political will to secure the funding to solve them. This Article argues that the best way to address the deficit in political will would be legal reforms in our safe drinking water regime that will provide those at risk of lead poisoning with clear, readily-understandable information regarding the risks they face. In particular, this Article proposes making not just local water authorities, but states legally responsible for testing water for lead and disclosing test results. In addition, the Article argues for water test results and other relevant information to be made available to residents in visually-powerful, interactive, on-line maps. Making states legally responsible and implementing new substantive requirements for testing and disclosure would help motivate and empower citizens to lobby for public funding and make citizen suit litigation a more effective tool to combat abdication. …

The Apps for Justice Project: Employing Design Thinking to Narrow the Access to Justice Gap

Abstract: Introduction 1364 I. The Legal Technology Ecosystem and Access to Justice 1369 II. The Apps for Justice Project at Maine Law 1374 III. Employment of Design Thinking 1376 A. Discovery 1376 B. Synthesizing the Results of Discovery: Defining the Mission and Mapping the User's Problems 1379 1. Diagnosis 1380 2. Inference and Treatment 1381 3. Human-Centered Tools for Confronting Complex and Emotional Topics 1382 C. The Development of Prototype Apps 1385 1. Rights of Tenants in Maine 1385 2. Maine Family Law Helper 1389 D. User Experience Testing 1392 1. Rights of Tenants in Maine 1392 2. Maine Family Law Helper User Testing 1397 E. Revising and Improving the Evolving Product Prototype 1399 IV. The Unauthorized Practice of Law? 1400 Concllusion 1403 INTRODUCTION Lawyers cost money. Typically, a lot of money. As of 2012, the average billing rate for attorneys nationwide was $295 per hour. (1) That number stands in contrast to the recent statistic that almost fourteen percent of United States citizens live at or below the poverty line. (2) While a small minority of the poor can engage an attorney to help them with their law-related problems and navigate the justice system, a significant segment of people facing income constraints do not have access to professional legal assistance for civil law matters. (3) Even for middle-income Americans, a legal problem requiring more than a few hours of a lawyer's time can quickly destroy a household budget, devour savings, and lead to over-indebtedness and financial distress. (4) The Legal Services Corporation, the independent nonprofit established by Congress to provide financial support to legal services organizations, has observed that nearly one million low-income people who seek help for civil legal problems are turned away because of the lack of adequate resources. (5) A 2007 study of U.S. legal aid programs revealed that, in aggregate, there was one attorney available for every 6415 low-income clients. (6) The United States is in the midst of an access-to-civil-justice crisis, and ranks fiftieth out of sixty-six developed nations in providing affordable access. (7) A consequence of the dearth of legal aid and other pro bono resources is that many individuals end up representing themselves, (8) a process known as pro se representation. (9) In Maine, a Supreme Court Justice estimated that between seventy-five and eighty percent of people who appear before a judge on non-criminal matters represent themselves. (10) Pro se representation can have wide-ranging consequences, for both the unrepresented individual and the legal system. An individual unfamiliar with the legal system in the United States is likely to find it bewilderingly complex. Moreover, when surveyed, sixty-two percent of judges report that outcomes for pro se litigants were less likely to be successful. (11) Pro se litigants also slow down an already clogged civil court system, putting a greater burden on judicial resources, because of their lack of familiarity with both procedural and substantive law. (12) Without the benefit of professional legal advice or other helpful resources, individuals may not know when they can do something to prevent a small legal problem from escalating. This is particularly important because much of the emphasis on the delivery of legal services that have been historically available for low-income individuals and families are ex post and litigation-focused. …

Youth Incarceration, Health, and Length of Stay

Abstract: For youth from marginalized communities, the pathway into the juvenile justice system occurs against a backdrop of disproportionately high levels of stress, complex trauma, and adverse childhood experiences. Despite overall reductions in the percentage of youth in confinement from recent state-level reforms, the lengths of stay for many youth often exceed evidence-based timelines, as well as a state's own guidelines and criteria. This occurs despite a large and growing body of empirical research that documents the health status of system-involved youth and the association between incarceration during adolescence and the range of subsequent health and mental health outcomes in adulthood. Presently, advocates for length of stay reform rely on two primary arguments: recidivism and costs of confinement. This Article argues that this framing misses a critical component, as a better understanding of the linkages between length of stay, health, and mental health are essential for achieving the foundational goals of the juvenile justice system--i.e., rehabilitation, decreased recidivism, and improved community reintegration. Through an examination of juvenile sentencing typologies, release decision-making, and empirical research on the health and mental health needs of at-risk and system-involved youth, this Article aims to fill this gap and expand current lines of debate, discourse, and advocacy.

The Other Pill: Expanding Access to Pre-Exposure Prophylaxis to Prevent HIV Transmission Among Minors in New York

Abstract: Introduction 726 I. Background: HIV/AIDS, Treatment, and Prevention 728 A. What Is HIV? 728 B. The Demographics of HIV 730 C. HIV Treatment 731 D. PrEP 734 II. Assessing the Current Legal Landscape 740 A. Informed Consent 740 B. Minors' Rights to Consent and the Confidentiality of Medical Treatment in New York 742 1. Minors' Capacity to Consent to Medical Treatment 742 2. Confidentiality of HIV Testing and Treatment 746 a. Testing and Confidentiality: Article 27-f 747 b. Treating HIV As an STI So Minors May Consent Without Parental Involvement 750 c. Governor Andrew Cuomo's 2016 Proposal 751 III. Birth Control 752 A. Background: Minors' Reproductive Rights 754 B. Outcomes of Permitting Teen Access to Birth Control 757 IV. Creating a PrEP Exception in New York State Law 759 A. PrEP Functionally Resemble Birth Control 760 B. Minors Have a Right to Privacy That Covers Access to PrEP 761 C. Why the Arguments Against Expanding Access to PrEP Are Wrong 763 Conclusion 766 INTRODUCTION Reproductive rights should inform the next phase in HIV prevention. Since the 1980s, medicine has made enormous strides in preventing and treating HIV infections. Today, the Food and Drug Administration ("FDA") has approved forty different drugs to treat HIV. (1) In the last decade, AIDS-related deaths have fallen by more than thirty percent. (2) Still, new HIV infections predominately impact young people. (3) In particular, thirteen to twenty-four year olds accounted for twenty-two percent of all new HIV-infections in 2014 -- a number that has not significantly declined in the last decade. (4) To address these disparities among young people, the law should afford minors the right to access HIV-prophylactic medication. In 2012, the FDA approved Truvada--otherwise known as Pre-Exposure Prophylaxis ("PrEP")--to prevent HIV infections. (5) PrEP is a once daily pill composed of two antiretroviral drugs that reduce one's risk of HIV infection by ninety-two to ninety-nine percent. (6) The World Health Organization ("WHO"), Centers for Disease Control and Prevention ("CDC"), and United States Public Health Service have all endorsed PrEP as an effective means to reduce the risk of HIV infection. (7) Expanding access to PrEP among thirteen to twenty-four year olds could significantly reduce the persistent infection rate in this demographic--the demographic most at risk of HIV infection. (8) In New York State, however, a minor (a person under eighteen years old) may consent to medical treatment only in unique circumstances or for specified conditions, such as mental healthcare, substance abuse treatment, or reproductive healthcare. (9) Minors generally do not have the capacity to consent to HIV treatment. (10) PrEP, however, is a prophylactic medication. It functionally resembles birth control in its daily regimen and ability to prevent the long-term health effects of sexual activity: pregnancy for birth control and HIV for PrEP. (11) Under New York law, a minor may pursue reproductive healthcare without parental consent. (12) Reproductive healthcare includes accessing prophylactic medication, such as the birth control pill. (13) New York should treat PrEP as another prophylactic medication vital to reproductive health. …

Drone Surveillance: The FAA’s Obligation to Respond to the Privacy Risks

Abstract: Introduction 767 I. FAA Modernization Act 769 A. The FAA and the Petition for a Drone Privacy Rulemaking 771 B. The FAA, Drones, and Privacy 772 C. EPIC v. FAA 775 II. Privacy Issues 776 III. Lack of Legal Protections 778 A. Fourth Amendment Law, Drones, and Aerial Surveillance 780 B. The Third Party Doctrine and Drone Surveillance 782 IV. Potential Market for Drone Data Collection 785 V. Importance of Privacy in Public 787 VI. Why the FAA Should Regulate Drones 789 A. Privacy Must be Addressed to Safely Integrate Drones into the National Airspace 789 B. The FAA Modernization Act Requires the FAA to Address Privacy Issues 790 Conclusion 792 INTRODUCTION Imagine a scenario not too far off in the future where drones in the sky are a regular occurrence over densely populated urban areas. These drones do not need to be in the line of sight of an operator and do not need to be actively operated at all as they fly around autonomously. Some of the drones you can see but more are present then the eye can discern. Some are flying too high to see and are too quiet to hear. The drones constantly flying overhead are delivering packages, transporting people, monitoring traffic, checking infrastructure, providing building security, and monitoring the environment. You know that the drones carry all sorts of high-tech equipment. But you do not know exactly what technology is on the drone, what the surveillance capabilities are, what information these drones could be collecting about you and anyone else who happens to be in a public space, or how this information could be used or to whom the information could be disclosed. Going into public essentially means giving up your privacy in a way never imagined before with little to no say in the matter. To maintain any semblance of privacy in public requires extraordinary efforts that limit your ability to participate in modern society. You do not carry your smartphone or any other mobile device that connects to the internet, (1) you wear a hood and special tinted glasses to thwart ear, (2) iris, (3) and facial recognition, (4) and you randomize your gait. (5) You also wear gloves to prevent the capture of your fingerprints, (6) avoid driving your own car, (7) and avoid using the new self-driving/flying drone cars (8)--you stick to walking, biking, or mass public transportation. The description above sounds a lot like the beginning of a dystopian novel, but it is the current track we are on as drones are being integrated into the National Airspace with no privacy protections for public space. In 2012, the Federal Aviation Administration ("FAA") was tasked by Congress with integrating drones into the National Airspace. Five years later, the agency is still working on domestic drone integration but refuses to address privacy as the agency works to establish safety rules for drones despite identifying privacy as an important issue to address as drones are integrated into the National Airspace. (9) Part I of this Article discusses the FAA Modernization and Reform Act of 2012. The subsections of this Part will discuss some of the relevant details of the Act, the petition of the FAA to address drone privacy after the Act was passed, and the FAA's changing relationship with privacy. Part II highlights the privacy issues created by the integration of drones. …

Protecting Homeowners’ Privacy Rights in the Age of Drones: The Role of Community Associations

Abstract: Homeowners' notions of privacy in their dwellings and surroundings are under attack from the threat of pervasive surveillance by small civilian drones equipped with highly sophisticated visual and data-gathering capabilities. Streamlined rules recently issued by the Federal Aviation Administration ("FAA") have unleashed technological innovation that promises great societal benefits. However, the new rules expose homeowners to unwanted snooping because they lack limits on the distance drones may operate from residential dwellings or time of operations. Indeed, our society should not expect a federal agency to deal effectively with the widely diverse issues of drone technology facing the states, given the different needs of urban and rural communities. The FAA wisely anticipates adopting a multi-layered regulatory framework to address privacy issues. State and local governments, by contrast, are lagging far behind in regulatory efforts, and Fourth Amendment jurisprudence has not kept pace with the privacy issues raised by drones operating in residential areas. Municipalities are best prepared to craft reasonable limitations to safeguard their residents, but few are doing so at the neighborhood level. Fortunately, the sixty-eight million homeowners living in condominium and homeowner associations and cooperatives ("community associations") may look to such quasi-governmental organizations for nimble and responsive action where they live. Community associations have authority and powers similar to municipalities and constitute the level of government closest to homeowners. This Article demonstrates that community associations, home to twenty percent of America's homeowners, constitute the level of government most familiar with characteristics of their neighborhoods and are the best positioned entities for safeguarding the privacy expectations of their homeowners as society adjusts to the uncertain and accelerating world of drone technology. TABLE OF CONTENTS Introduction 624 I. FAA Rules: Safety, Not Privacy 629 A. Unleashing Technology 630 B. FAA's Focus on Safety 634 C. Enforcement: More Safety Than Privacy 635 II. Surveillance and Privacy Expectations Under Current Law 637 III. State and Local Laws to Protect Privacy Will Not be Preempted by the FAA Rules 645 A. Matters Preempted by FAA 648 B. Matters Not Preempted by FAA 649 IV. State and Local Governmental Regulatory Activities 650 V. Community Associations in the Governmental Role 655 A. Community Associations Resemble Local Government 657 B. Rulemaking and Financing of Community Associations 658 1. Reasonable Rules 658 2. Financing the Association 659 C. Protecting Privacy in Community Associations 660 Conclusion 663 INTRODUCTION Perhaps more than any other new technology of previous eras, today's rapid evolution of drone technology diminishes the degree of privacy to which Americans are accustomed. Drones, or unmanned aircraft systems ("UAS"), are capable of flying hundreds of feet in the air while amassing images and data of people and places on the ground. The drone's aerial perspective, along with its ability to hover, gives unprecedented access to places that were once shielded from public view. In view of drones' extraordinary surveillance, data-gathering, and data-dissemination capabilities, privacy advocates are concerned that the new FAA rules for commercial drone operators expose individuals to pervasive surveillance. …

Warrantless Operations of Public Use Drones: Considerations for Government Agencies

Abstract: The benefits of drones continue to transform our lives and nowhere is this more apparent than with the use of drones by local governments. While these benefits are tremendous, residents often express privacy concerns and fear of persistent surveillance associated with law enforcements deployment of drones. In response, critics have made knee jerk reactions to attempt to apply warrant requirements prior to police use of drones. Outside the law enforcement context, civic uses of drones face similar challenges to deployment, so long as government actors must operate under a traditional administrative warrant analysis. This Article advocates that well established aerial surveillance law is applicable to both law enforcement use of drones as well as other public uses of drones. According to well established case law starting with California v. Ciraolo, (1) observations made by law enforcement are allowable sans warrant if they occur in public navigable airspace or from a place where the officer had a right to be. Such an analysis should be applicable to civic uses of drones when determining whether an administrative warrant is required prior to deploying public use drones for code enforcement and other municipal inspections. This Article also explores how government agencies can change negative perceptions of drones in their communities through adoption of proper policies and procedures. TABLE OF CONTENTS Introduction 704 I. Current Federal Framework for Unmanned Aircraft 709 II. Aerial Surveillance Law under the Fourth Amendment and Property Rights as Applied to Law Enforcement 711 III. Code Enforcement use of Drones without Administrative Warrants 713 A. Public Vantage Points 715 B. Consent 716 C. Home and Property Inspections 716 IV. Government Agencies Should Create Clear Policies and Procedures for Public Use Drones 718 A. Transparency and Accountability Measures 718 B. Data Retention 720 C. Safety and Training 721 Conclusion 723 INTRODUCTION The evolution of drones, from military weapons to commercial tools, continues to transform civic life and nowhere is that more apparent than in the use of drones by cities themselves. Across the world, drones are becoming increasingly popular for public use. Cities like Modesto, California use drones to assist search-and-rescue efforts and deliver aerial imagery to law enforcement during criminal pursuits; (2) the Tampa Bay Port Authority Board of Commissioners intends to use drones to survey properties and construction projects; (3) the Minnesota Department of Transportation is using drones to inspect bridges and highways; (4) and Somerville, Massachusetts uses drones to survey municipal buildings for snow build-up. (5) Other intended public uses of drones operated by government agencies include: * Aerial photography and filming of city events to be used for marketing purposes; * Property inspections, code enforcement, and appraisals; (6) * Firefighting activities; (7) * Accident or crime scene investigation; (8) * Ambulance and defibrillator drones; (9) * Agricultural inspections; (10) * Scientific research (11) on natural resources, wildlands, and waterways; (12) * Tactical advantage and use in hazardous and hostile situations. (13) The way private businesses use drones will illuminate new and more cost-effective ways of carrying out government business, while increasing efficiency and reducing the risk of death or injury to government personnel. …

Priorities in Mitigating Emissions from the Transportation Sector and in Adapting Transportation Facilities

Abstract: Introduction 1115 I. Climate Change, Transportation, and Fuel Efficiency 1116 II. Fuel Efficiency Standards and Pricing 1119 III. Climate Change and Transportation Planning 1124 IV. Transportation and Resiliency 1127 Conclusion 1129 INTRODUCTION This is a response to the Article by Vicki Arroyo, the founder and Executive Director of the Georgetown Climate Center, and her colleagues on new strategies by federal, state, and local governments to achieve a low-carbon and resilient transportation system (the "Article"). Both the Article and this response recognize that the most significant progress made in reducing the transportation sector's oil dependence and in mitigating greenhouse gas ("GHG") emissions has resulted from the adoption and implementation by the federal government, beginning in the 1970s, of fuel efficiency standards under the Corporate Average Fuel Efficiency ("CAFE)" program. While federal fuel efficiency standards remained largely unchanged through the 1980s and 1990s, activity resumed during the administration of George W. Bush, and fuel efficiency standards were greatly strengthened and expanded under President Barack Obama. With the change of administrations, however, future progress in improving fuel efficiency and in reducing GHG emissions under this program is now uncertain. Despite the demonstrated effectiveness of fuel efficiency standards, this response emphasizes that pricing also plays an important role in the effort to mitigate GHG emissions and to reduce oil dependence in the transportation sector. Higher fuel prices, particularly, when combined with more rigorous fuel efficiency standards, are the most effective tool to reduce the use of liquid petroleum in transportation and to incentivize technological innovations to improve fuel efficiency. Higher prices reinforce public support for, and acceptance of, increased regulatory requirements for fuel efficiency. Unlike the Article, this response views pricing as a more significant way to achieve these public purposes than the dissemination of zero-emission vehicles. Further, this response, like the Article, regards the incorporation of GHG emission goals in state and metropolitan transportation planning processes as an important element of a program to reduce those impacts, but calls for specific federal incentives and requirements to achieve these changes. Finally, both the Article and this response acknowledge the growing importance of introducing resilience as an element of transportation planning and investment in light of the impacts of climate change on these facilities that are already occurring and that are likely to grow in the next few years. I. CLIMATE CHANGE, TRANSPORTATION, AND FUEL EFFICIENCY As the Article notes, addressing GHG emissions from the transportation sector is critically important to achieving overall national emission reduction goals now contained in the Paris Agreement. (1) Emissions from the transportation sector are now the largest of any sector of the American economy. (2) However, reducing GHG emissions in transportation has been, and will continue to be, particularly difficult and complicated. Over the last century, particularly since the end of the Second World War, America has become a society almost totally dependent on the automobile and on the liquid petroleum that enables our auto-mobility.(3) Oil dependency carries with it serious risks for economic stability, national security, and environmental sustainability. (4) For all intents and purposes, transportation is the only major sector of the American economy that remains almost totally dependent on oil. (5) Approximately two-thirds of the liquid petroleum used annually in the United States is used in transportation. (6) The result is that, without oil, America's transportation system and its economy would come to a halt. …

Antisocial Personality Disorder and Donald DD.: Distinguishing the Sex Offender from the Typical Recidivist in the Civil Commitment of Sex Offenders

Abstract: Introduction 868 I. An Overview of Sex Offender Civil Commitment Laws in the United States and How It Relates to Psychological Diagnoses in New York 873 A. History of Civil Commitment in the United States 874 B. Early Forms of Civil Commitment Laws for Sex Offenders: Sexual Psychopath Laws 880 C. Modern form of Civil Commitment Laws for Sex Offenders: Sexually Violent Predator Laws and the United States Supreme Court's Constitutional Interpretation 883 1. New York's Sexual Psychopath Law: New York Mental Hygiene Law Article 10 887 2. The New York Court of Appeals' Interpretation of Article 10 and Its Constitutionality In Relation to Antisocial Personality Disorder 892 II. Antisocial Personality Disorder and Distinguishing the Sex Offender from the Typical Criminal Recidivist 897 A. Antisocial Personality Disorder: Its Definition and its Relation to the Law 898 B. Jurisdictional Analysis of ASPD as a Condition Sufficient under Sexually Violent Predator Laws 900 1. Iowa: Individual Inquiry 900 2. Kansas: Individual Inquiry 902 3. Minnesota: Individual Inquiry 903 4. Missouri: Past Sexually Violent Behavior 905 5. North Dakota: Nexus Between Disorder and Future Dangerousness 907 III. Antisocial Personality Disorder Should Be a Condition Sufficient to Civilly Commit a Sex Offender 909 A. ASPD Can Distinguish the Sex Offender from the Typical Recidivist 909 1. Kansas v. Crane Leaves Open the Possibility that ASPD Can Be a Condition Sufficient for Civil Commitment 910 2. Subsequent New York Case Law Alludes that ASPD Can Be a Condition Sufficient to Civilly Commit a Sex Offender 911 3. Permitting ASPD as a Condition Sufficient to Civilly Commit Sexual Offenders is Not Contrary to the Purpose of Sexually Violent Predator Laws 913 B. Balancing Liberty Interests and the Police Powers of the State: An Analogy to Fourth Amendment Searches 914 Conclusion 916 INTRODUCTION Over the span of thirty years, eleven women accused Frank of rape. (1) Frank's first relevant convictions occurred in 1970. (2) That year, Frank broke into four homes over a four-month period. (3) The home invasions were "virtually identical;" (4) Frank would target unsuspecting women, follow each one to her apartment, force his way inside her home and threaten to harm or kill her. (5) He forced the women to undress and proceeded to rape and to rob each of them. (6) Frank was arrested on sexual assault charges (7) and was indicted for sexual offenses in one of the four home invasions. (8) He was convicted of burglary in the second and third degrees, robbery in the first, second, and third degrees, and grand larceny. (9) Although he was sentenced to a maximum of twenty-five years, he only served seven. (10) Upon his release in 1977, Frank committed another six home invasions and rapes within a four-month period. (11) He committed the first invasion one month after he was discharged. (12) The invasions followed the same pattern Frank presented prior to his incarceration. …

"Affordable Housing" as Metaphor

Abstract: This Article examines the varying and often-conflicting meanings and goals ascribed to the term "affordable housing. " It asserts that the term often serves as a metaphor; it obscures rather than clarifies, and contributes to the intractability of problems pertaining to housing from any perspective. The Article further asserts that attempts to deal with what are termed affordable housing issues must realistically take into account the shelter, cultural, and economic needs of various populations, and also the effects of housing decisions on economic prosperity. Above all, the affordable housing metaphor is agreeable precisely because it defers responding to the need to make hard choices about priorities and funding. Among proffered affordable housing goals are making available an ample supply of housing in different price ranges; attracting and retaining residents who contribute to the growth and economic prosperity of cities; and ensuring that neighborhood housing remains available for existing residents, while preserving their cultural values. Other goals include providing adequate housing in high-cost cities for low- and moderate-income individuals and families, and the overlapping concern for "fair housing" for persons of all races and backgrounds. After considering these often conflicting goals, the Article examines the benefits and detriments of various means of providing more affordable housing, including fair-share mandates, rent control, and inclusionary zoning (including whether that leads to impermissible government takings of private property). It then briefly considers the merits and demerits of federal subsidy programs. The Article briefly considers conceptual and practical problems in implementing the Supreme Court's 2015 Inclusive Communities disparate impact holding and HUD's 2015 regulations on "Affirmatively Furthering Fair Housing," especially in light of the 2016 elections. Finally, it discusses how the concept of "affordable housing" conflates the separate issues of high housing prices and poverty and how housing prices might be reduced through removal of regulatory barriers to new construction. Throughout, the Article stresses that advancing affordable housing goals has both explicit and implicit costs and that goals often are conflicting. To those ends, it employs economic, sociological, and legal perspectives. TABLE OF CONTENTS Introduction 303 I. The Diverse Goals of Affordable Housing 306 A. The Purposes of the City 306 B. Costs are Constraints 308 C. Residents of American Cities are Burdened by High Housing Costs 310 D. Affordable Housing as Conducive to Economic Prosperity 312 1. Housing Attracting and Retaining Productive Residents 312 2. Adequate Housing for Low- and Moderate-Income Families Buttresses Economic Growth 313 3. Gentrification as Conducive to Prosperity 314 4. Preservation of Existing Close-Knit Communities Can Abet Prosperity 314 E. Affordable Housing as Supportive of Existing Community 315 1. Social Capital 315 2. Gentrification as Harmful to Community 317 3. Middle or Upper-Middle Class Way of Life 319 II. Exploring Solutions to Affordable Housing Problems 322 A. Expert versus Market Decision-Making 323 B. Some Affordable Housing Issues 325 1. Is Housing a Right? 325 2. Affordable Housing and Fair Housing 326 3. Is Income Inequality in Cities Undesirable? 327 4. Should We Benefit People or Benefit Places? 327 5. Housing Affordability for Different Income Groups 329 6. …