Individual title pages of some numbers of 1917-1919 read: Journal of comparative legislation and international law; of 1920: Journal of the Society of Comparative Legislation and International Law, the cover title remains stable. ; Imprint varies. ; Edited for the Society of Comparative Legislation. ; Includes an annual "Review of legislation." ; Mode of access: Internet. ; New ser. v. 16 (1916)-v. 18 (1918). 1 v. (Includes index to earlier title); ser. 3, v. 1 (1919)-v. 20 (1938). 1 v.; ser. 3, v. 21 (1939)-v. 25 (1943). 1 v. ; Merged with: International law quarterly (London, England), to form: International and comparative law quarterly.
Includes annual "Review of legislation" covering the years 1859-1949. ; Individual title pages of some numbers of 1917-19 read: Journal of comparative legislation and international law; of 1920: Journal of the Society of Comparative Legislation and International Law. ; Includes annual "Review of legislation" covering the years 1859-1949. ; Mode of access: Internet. ; Merged with: International law quarterly, to form: International and comparative law quarterly, ISSN 0020-5893.
The paper focuses on the key attributes that underpin demand for social housing in Malta (an EU member state) during the 2000s and the extent to which the demand for social housing is addressed by the stock of units that were offered for sale by the Maltese Housing Authority. The analysis carried out focuses on the eight sales issues that were launched by the Housing Authority between October 2002 and November 2008. The paper presents nine stylized facts that underpin underlying demand. In this regard, key attributes of demand include the fact that the group of individuals eligible to apply for units from the housing authority has been implicitly increasing steadily during the period under review. Furthermore, the major part of applicants across the different categories seem to prefer larger three-bedroom apartments even though smaller units may be adequate given the number of children and the number of persons in the household. Another key stylized fact pertains to the fact that although the volume of applicants is quite large giving rise to excess demand, paradoxically a sizeable stock of units ends up unsold. The implications of the findings are discussed. The study goes on to provides recommendations and suggestions for further research that could better guide future buyers, as well as Maltese housing policy makers in their quest to offer affordable quality housing for persons with low income, persons with disabilities, and for vulnerable persons with social and housing difficulties. ; peer-reviewed
In his Pulitzer Prize-winning book Evicted, Matthew Desmond demonstrates that lack of safe and stable housing, a fundamental human right, "is among the most urgent and pressing issues facing America today." Yet, although more than one in three Americans (over one hundred million individuals) live in rental housing, landlord/tenant law is largely neglected in the scholarly literature. This Article is the first to address the use of contempt to enforce court orders to repair hazardous conditions. Hazardous living conditions affect millions of renters nationwide, and disproportionately affect communities of color and low-income individuals. This Article reviews the profound imbalance in power in the housing courts of New York, America's largest city, and reveals that what was conceived as a forum to ensure safe and habitable housing has become a collection and eviction service for landlords. It is a system that, between 2011 and 2016, yielded 117,952 evictions, yet fewer than fifty contempt rulings for failure to obey court orders to repair hazardous conditions; this, despite landlords' chronic and widespread flouting of such orders. The Article contends that rather than merely returning to court over and over for the reissuance of orders to repair, courts and practitioners must initiate contempt proceedings. The Article demonstrates, finally, how such proceedings can remedy this injustice, including (1) establishing deadlines for the completion of ordered repairs, with either imprisonment or fines for each day that the landlord continues to flout the court's authority; (2) awarding damages to the aggrieved tenant, including damages for emotional distress and diminished habitability; and (3) awarding attorneys' fees and costs to tenants' counsel.
This thesis explores the impact of housing rights jurisprudence on Chinese legal and policy frameworks in the housing sector, examines the key related issues, and assesses whether current practices are in line with international best practice. The thesis considers three major questions, viz. 1 What are housing rights? 2 What is the significance of housing rights in the Chinese context? 3 Given the features and nature of housing rights, and China's transitional societal background, how could housing rights be implemented? By looking at the jurisprudence and jurisprudential development of housing rights in international law and related humanitarian jurisprudence, this thesis proposes a three-layer framework of housing rights, which encompasses property and resource dimensions. While the property dimension requires the state to refrain from interfering in property interest in housing, the resource dimension establishes a set of principles for directing governmental duties in utilizing and redistributing resources. The governments should enable equal and equitable access to housing and housing-related resources, and ensure housing development is a human-centered, sustainability-oriented process. China is a transitional society, where the Constitution shows a trend towards strengthening property rights protection, but institutional constraints on property rights remain. There are also transformative schemes in the housing sector that take the form of land reform and public housing programs. An overview of the housing regime in China identifies three primary limitations: an incoherent legal framework of Chinese takings law related to the property dimension of housing rights; problems with equal and equitable access to land resource as reflected by the urban-rural divide in the land tenure system; and the lack of a sustainability vision in public housing development. It is, therefore, argued that implementing housing rights involves enshrining values and principles related to housing rights in the domestic constitution. This can take the form of reinterpreting the Chinese constitutional property according to the three-layer framework of housing rights. Such a reinterpretation sheds further light on how to resolve the key issues in the current housing regime. This study concludes that housing rights require Chinese constitutional property to strike a balance between protecting existing property-holdings and the transformative schemes in the housing sector. For the property dimension of Chinese constitutional property, housing rights help to construct a coherent jurisprudence for Chinese takings law. The resource dimension of housing rights serves as an assessment tool for the policy framework to guide both the utilization and redistribution of land resources and the development of public housing programs. This facilitates the legal and policy framework in the housing sector to be informed by humanitarian jurisprudence and be in line with international best practice. The pioneering nature of this thesis lies in its exploration of humanitarian jurisprudence which is new to Chinese constitutional reasoning, and the extension of jurisprudential discussion of housing rights to public policy formulation. It is also innovative in proposing the three-layer framework of housing rights. Some of the findings from the discussion of international jurisprudence may be extended not only to the Chinese setting but also to other transitional economies which face similar housing issues and concerns in their policy-making. ; published_or_final_version ; Real Estate and Construction ; Doctoral ; Doctor of Philosophy
As housing-related decisions are increasingly being made by algorithms instead of individuals, it is critical that the technologies used to make those decisions do not replicate or even worsen patterns of discrimination and segregation. While it may be convenient to believe that bias can be eliminated by putting decision-making authority in the hands of machines instead of people, studies have shown that technologies such as algorithms and machine learning are often infected with bias. Provisions of the Fair Housing Act ("FHA") and its accompanying regulations that protect individuals from discriminatory algorithms are under attack from the Department of Housing and Urban Development ("HUD"), the agency responsible for enforcing the FHA. In particular, HUD recently issued a proposed rule that, if enacted, would undermine disparate impact jurisprudence and specifically exempt many housing providers who rely on algorithms developed by third parties. With the FHA under attack from the agency charged with its enforcement, it is particularly important to study how technological advancements might be used to either improve or undermine the law's effectiveness. This article describes the advent of big data, algorithmic decision-making, and machine learning, as well as HUD's recent proposal to specifically immunize housing providers who rely on algorithms from disparate impact liability. It then discusses how the use of big data and algorithmic decision-making has touched all parts of the rental housing market, from advertising to tenant selection processes. Finally, it offers policy prescriptions that could help mitigate the discriminatory impacts of algorithmic decision-making in ways that are aligned with the FHA or, in some cases, that reach further than the protections currently offered under the FHA.
The struggle for the making Islamic family law after independence still leaves debate, for those who reject Islamic law legislation considers that Islamic law does not need to be included in state law, on the contrary for those who support it, consider that the state cannot ignore Islamic law in the state legal system. Marriage regulations are the initial stage of the Islamic law legislation process because it is not comprehensive enough that a presidential instruction on the Compilation of Islamic Law was issued in 1991. This article aims to analyze the roots of the struggle for marriage law legislation and the presence of KHI in Indonesia. This research resulted from a normative study with legal politics and a historical approach. This paper argues that the birth of KHI cannot be separated from the role of Muslim parties and the insistence of Islamic religious leaders who view that the marriage law is not comprehensive in regulating marriage law. The marriage law tends to ignore traditional fiqh and customary law, so the presence of KHI can eliminate the debate between the government and traditionalist Muslims.
