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As a memory place that exemplifies contemporary Zainichi experiences, the Utoro district in Kyoto, Japan, entails stories of Japan's colonial exploitation and postcolonial oppression, yet simultaneously reveals human hope, cooperation, and solidarity. First formed for the Korean workers and their families mobilized for the construction of a military airport during World War II, Utoro was left abandoned for decades in postwar Japan. Its Korean residents have suffered from continuous eviction suits, harassment, and violence including the most recent arson attack in 2022. At the same time, these intricacies of colonial origin and postcolonial controversy also invited networked grassroots efforts among the Japanese and Koreans to remember and reconstruct the place's sociohistorical meanings, resulting in the construction of the Utoro Peace Memorial Museum in 2022. This paper highlights the significance of Zainichi experiences with/in Utoro through an analysis of identity, discourse, and representation of the place. Drawing upon collective memory scholarship and adopting a theoretical framework of re-collection, the paper unravels complex meanings of a site in relation to human acts of remembering, making sense of, and finding significance to our past experiences with/in it. By situating visual and discursive voices of the Utoro community (Zainichi in Utoro), such as its former residents' oral testimonies and museum displays, this study elucidates the significance of Utoro in Zainichi history. This paper argues that Utoro projects contradictory positionalities of Korean subjects as both integral and excess in the history of colonial and postcolonial socio-politics of ethno-racial Other in Japan. [ABSTRACT FROM AUTHOR]

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The scholarly literature on the eviction legal system has repeatedly concluded that eviction courts are courts of mass settlement. In court hallways, landlords' attorneys pressure unrepresented tenants into signing settlement agreements in a factory-like process, and judges approve the agreements with a perfunctory rubber stamp. Yet while we know most eviction cases settle, no one has asked, much less answered, the salient follow-up question: What are the terms of the settlements? Based on a representative sample of eviction cases in one jurisdiction, this Article is the first to answer that question and, in doing so, generates a novel theory about the eviction legal system. The Article demonstrates empirically that the substantial majority of eviction settlements in the study jurisdiction contain a distinct set of interlocking terms that amount to what the Article labels "civil probation." Civil probation is the civil analogue in the eviction context to probation in the criminal context. Specifically, it is the imposition of court-ordered conditions on a person's tenancy that, if violated, can result in swift eviction through an alternative legal process. This Article is the first to identify and conceptualize the phenomenon of civil probation in the eviction legal system. The Article empirically documents the prevalence and features of civil probation in eviction proceedings in the study jurisdiction. The Article then advocates for a new understanding of the eviction legal system as a whole through an analysis of civil probation's consequences. These consequences are threefold. First, civil probation gives rise to a shadow legal system by establishing procedural and substantive rules for eviction that differ substantially from those established by statutory law. The data demonstrate that tenants are subject to these rules at a widespread, pervasive level, and that the rules underlie the vast majority of eviction orders issued by judges. This shadow legal system undermines the rule of law, erodes substantive rights, and threatens public regulatory enforcement. Second, civil probation results in the expansion of landlord control. It both increases the number of tenancy terms with which tenants must comply and strengthens landlords' tool for enforcing those terms. The Article argues that the expansion of landlord control is a primary outcome of the eviction legal system. And third, civil probation raises the possibility that a phenomenon of "net-widening" of the eviction legal system is occurring, akin to the phenomenon that scholars have documented in the context of criminal probation. The Article offers recommendations for reform based on these conclusions. [ABSTRACT FROM AUTHOR]

Since 1967, the slogan "restoring Jerusalem to its Jewish glory" has served as a rallying cry for the further colonization of the occupied eastern part of the city by the Israeli government and settler organizations alike. Jewish settlement in Jerusalem's Palestinian neighborhoods invokes moral claims to Jewish sovereignty based on biblical history and material claims to pre-1948 properties of Jews in these neighborhoods. This essay examines Jewish settler groups' utilization of Israel's political-legal infrastructure to advance their colonization projects at the very heart of Palestinian neighborhoods in Jerusalem. More specifically, it examines an area of Silwan where Ateret Cohanim, through its representatives, has initiated eviction lawsuits against dozens of Palestinian families in the Israeli magistrate court, alleging trespass of Jewish-endowed waqf land established in the 1880s. As elsewhere in East Jerusalem, some of the targeted families in Silwan were originally displaced either from areas that became Israel after 1948 or from the Old City in 1967. [ABSTRACT FROM AUTHOR]

The article focuses on the case, Alabama Association of Realtors v. U.S. Department of Health and Human Services, which addressed whether the U.S. Centers for Disease Control (CDC) lacked authority to implement the temporary eviction moratorium included in the Coronavirus Aid, Relief, and Economic Security Act. Topics discussed include scope of power of administrative agencies, and process in determining whether the CDC had authority to change and extend the moratorium.

Drawing on 99.9 million court records, we construct national estimates of the annual prevalence of eviction filings and households threatened with eviction in the United States. Using Bayesian hierarchical modeling, we reconcile data from multiple sources to create comprehensive estimates permitting comparisons of eviction filing risk within and between states. This method indicates that relying solely on court-issued data undercounts eviction filings by approximately 1 million cases a year due to omission of counties for which these data cannot be obtained. In an average year between 2000 and 2018, landlords filed more than 3.6 million eviction cases, resulting in almost 7% of renting households facing an eviction lawsuit. During this time, the number of eviction filings nationally increased by 21.5%; however, an expanding renter population has outpaced the growth in filings, resulting in declining filing rates in recent years. Nationwide data reveal stark disparities in eviction filing rates between states that are not explained by variation in sociodemographic composition. Rather, regression discontinuity models indicate a robust association between a simple housing policy--requiring landlords to provide notice to tenants prior to filing an eviction case for nonpayment of rent--and the county-level eviction filing rate, demonstrating that larger structural factors, including state-level landlord-tenant law, could play an important role in shaping risk of receiving an eviction filing. We make aggregated data publicly available to serve as a tool for researchers, policymakers, and members of the public to examine the prevalence, causes, and consequences of eviction lawsuits. [ABSTRACT FROM AUTHOR]

Is the public backlash against human rights rulings from European courts driven by substantive concerns over case outcomes, procedural concerns over sovereignty, or combinations thereof? We conducted preregistered survey experiments in Denmark, France, Poland, Spain, and the United Kingdom using three vignettes: a foreigner who faces extradition, a person fighting a fine for burning Qurans, and a home owner contesting eviction. Each vignette varies with respect to whether a European court disagrees with a national court (deference treatment) and whether an applicant wins a case (outcome treatment). We find little evidence that deference moves willingness to implement judgments or acceptance of court authority but ample evidence that case outcomes matter. Even nationalists and authoritarians are unmoved by European court decisions as long as they agree with the case outcome. These findings imply that nationalist opposition to European courts is more about content than the location of authority and that backlash to domestic and international courts may be driven by similar forces. [ABSTRACT FROM AUTHOR]

This section offers information on the Pro Se Community Clinic to be launched by Utah State Bar (USB) Pro Bono Commission through the USB Access to Justice Office (ATJ) and People's Legal Aid (PLA). Topics discussed include the legal assistance to be offered by the clinic to individuals facing an eviction or debt collection lawsuit, the goal of the clinic to resolve the concerned issue prior to the scheduled court hearing, and the volunteer lawyers being sought to participate in the clinic.

Copyright of Anos 90 is the property of Anos 90 and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Across the country, courts at every level have relied on remote technology to adapt the justice system to a once-a-century global pandemic. This Essay describes and assesses this unprecedented journey into virtual justice, paying particular attention to eviction proceedings. While many judges have touted remote court as a revolutionary innovation, the reality is more complex. Remote court has brought substantial time savings and convenience to those who are able to access and use the required technology, but it has also posed hurdles to individuals on the other side of the digital divide, particularly self-represented litigants. The remote court experience has varied substantially depending on the nature of the proceedings, the rules and procedures courts put in place, and the relevant court users' resources and tech savvy. Critically, the challenges posed by remote court have often been less visible to judges than the efficiency benefits. Drawing on these lessons, this Essay identifies a series of principles that should inform future uses of remote technology. Ultimately, new technology should be embraced when--and only when--it is consistent with fair proceedings and access to justice for all. [ABSTRACT FROM AUTHOR]

The article discusses how the St. Louis Mediation Project helped address the housing instability and eviction challenges faced by the residents of St. Louis, Missouri. The authors explores the decision of the residents to pursue eviction lawsuits as a legal remedy to prevent them from being homeless and improve their family members' health. They explain the effects of the lawsuits such as housing market destabilization, crime rate increase and neighborhood disruption.

The article presents a study on the warranty of habitability operationalization gap in the rental market of New York City, New York. Also cited are the analysis of nonpayment of rent eviction cases in the city, the rate of rent abatements in cases where tenants has meritorious warranty of habitability claim, and the effect of legal representation in a tenant's ability to benefit from said claim.

In recent years, local governments across the country have passed crime-free housing ordinances (CHOs) for private-market rental properties. These ordinances increase the risk of eviction for many tenants by requiring or encouraging private-market landlords to evict tenants for low-level criminal activity, sometimes even a single arrest. CHOs are based on a federal law known as the one-strike policy, which has been applied to public housing tenants since 1988 and upheld by the U.S. Supreme Court in 2002. Unlike the one-strike policy, which applies only to federal public housing tenants, CHOs put an unprecedented number of private-market tenants across the country at significant risk of eviction and its attendant consequences, including homelessness, neighborhood instability, and higher incidences of poverty. This Article examines CHOs as an outgrowth of the federal onestrike policy, and it argues that they are significantly more harmful to tenants than the one-strike policy has been. The Article identifies serious legal issues raised by CHOs and suggests that, before adopting or enforcing CHOs, municipalities should consider these legal problems in conjunction with the crime problem that CHOs purport to address and the other problems that CHOs can create. This more complete calculus weakens the case for crime-free housing ordinances in rental housing. [ABSTRACT FROM AUTHOR]

New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC's ground-breaking legislation. The Article draws on NYC's housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to build on and expand beyond the Gideon v. Wainwright model. The right to appointment of criminal defense counsel, as recognized in Gideon, was part of the Supreme Court's indirect response to the Civil Rights Movement. In contrast, the NYC legislature openly promotes substantive outcomes, explicitly targeting eviction and its secondary effects. Additionally, the legislature's focus on housing recognizes concerns that disproportionately impact Black women; this echoes the racial equality goal underlying Gideon and promotes gender equality. Finally, while the criminal defense model defends individuals against only state power, NYC's right to housing defense counsel includes tenants of private landlords and thereby checks private power. All three of these features are worth attention from legislatures considering expansion of the right to civil counsel. The Article also identifies one important way in which the new model of appointment of housing counsel is like the criminal model for appointment: NYC's legislation addresses appointment of defense lawyers, as opposed to lawyers for plaintiffs, potential plaintiffs, or people engaged in non-litigation matters. This Article argues that the focus on defense lawyering limits the impact of appointment of counsel. Defense lawyering suffers from systemic limitations that influence litigation strategy and the potential to collaborate with social movements. With respect to the substantive goal of housing preservation, problems like discrimination, harassment, and dangerous conditions also pose significant threats and could be more robustly addressed through affirmative suits. In spite of recognizing the limits of defense lawyering, this Article concludes that the availability of counterclaims in civil litigation makes civil defense more flexible than criminal defense. As a result, civil defense might be able to do more than criminal defense to challenge the status quo and advance substantive improvements for poor litigants. [ABSTRACT FROM AUTHOR]

The article offers insight to the various order of discipline admonition taken by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court addressing lawyers discipline. Topics discussed include representation in clients eviction hearing; deposition of retainer funds from two separate clients for legal services; and failing to provide appropriate documentation or status reports to the client.

In Toronto and New York City, "illegal act" eviction laws allow public housing providers to evict every member of a household on the basis of a single illegal act committed by a single person in their home. Leaseholders and their dependents can be evicted even if they were not involved in the illegal act underpinning the eviction. An analysis of illegal act evictions carried out over the last six years by North America's two largest public housing providers, Toronto Community Housing Corporation and New York City Housing Authority, suggests that illegal act evictions laws have a grossly disproportionate impact on women. In both Toronto and New York City, women are far more likely than men to be evicted for actions that they did not personally commit. In both cities, in at least 88% of instances where a leaseholder was evicted because of actions committed by another person, the leaseholder was a woman. Also in both cities, women threatened with illegal act evictions actually committed the underlying illegal act in less than 35% of instances. Men who face eviction are more likely to do so for their own actions. These trends hold true despite the fact that the laws governing each jurisdiction are interpreted quite differently. The results from this limited investigation beg further study and suggest that illegal act eviction laws unfairly impact women -- regularly punishing them for the actions of others. [ABSTRACT FROM AUTHOR]

The article informs on comprehensive training resources, and practice materials offered by the Volunteer Lawyers Network (VLN) for helping clients in need within the housing court clinics. It offer advice, limited services, or full representation to tenants and low-income landlords appearing in court for the first time on an eviction or rent escrow matter, along with the comments of Muria Kruger, housing program manager and resource attorney at VLN.

The article discusses several aspects of what the authors refer to as pay-to-play eviction litigation in Florida as of 2015, and it mentions the state's landlord and tenant (L&T) laws, the efforts to evict a party for nonpayment of rent, and various statutes in Florida. Legal precedent is addressed in relation to a 2010 L&T law case in Florida involving the Dan Designs Inc. firm. An unjust enrichment statute is examined, along with penalties and appellate procedure in Florida.

The article discusses the decision of the Great Britain's Supreme Court in Loveridge v Mayor and Burgesses of the London Borough of Lambeth related to unlawful eviction under the Housing Act 1988 and discusses the provision of section 28 of the Housing Act related to public authority landlords.

The article discusses the decision of Hong Kong, China Court of Appeal on the cases related to reversal of possession order. Topics discussed include laws for paying damages to tenants for forceful eviction, motion of tenants for stay of execution of possession order, and the relief to tenants from termination of leases.

The article discusses the decision of the Supreme Court of Great Britain and European Court of Human Rights (ECHR) on the cases Manchester City Council v. Pinnock and Hounslow LBC v. Powell. Topics discussed include rules of the ECHR related to right to question the proportionality, laws for regulating the cases related to eviction, and laws related to the regulation of tenancy rights.

The Wisconsin Legislature made extensive changes to Wisconsin's rental housing laws in a series of three deregulatory bills, which passed into law between 2011 and 2013. Under the most recent bill, 2013 Wisconsin Act 76 (Act 76), the Wisconsin Legislature made four significant changes to Wisconsin's summary eviction process: (1) Wisconsin county circuit courts may enact local rules that would allow landlords to serve eviction actions by certified mail, (2) Wisconsin county circuit courts must schedule return dates and eviction trials faster than previously required by law, (3) judges must issue writs of restitution immediately after entering a judgment of eviction, and (4) landlords may elect to remove and dispose of a tenant's personal property themselves after the sheriff executes the writ of restitution. Proper service is vital for both tenants and landlords. For tenants, proper service provides notice that their landlord commenced an eviction action against them, allowing them the opportunity to seek counsel or try to negotiate with their landlord for an alternative outcome. For landlords, proper service provides assurance that the tenant will not be able to reopen a judgment of eviction or sue them later for damages from a possibly illegal eviction. This Comment outlines ways in which Wisconsin circuit courts can act to ensure proper service in eviction actions. Even with the new law changes, Wisconsin circuit courts retain the autonomy to create their own local rules for service in all types of small claims proceedings. This Comment takes a county-by-county look at the current state of local rules for service in eviction actions. By comparing each county's local service rule for eviction to its local service rule for replevin, this Comment makes predictions about the long-term impacts of Act 76 on service rules for eviction actions. Then, this Comment suggests changes that each local court should make to ensure tenants are adequately served notice that their landlord has commenced an eviction action against them. This Comment concludes by urging each Wisconsin circuit court to think critically about its local rules and service requirements for eviction actions in light of the recent changes to Wisconsin rental housing law in order to ensure that tenants are properly notified of pending eviction actions and to ensure that judgments of eviction are certain and final. [ABSTRACT FROM AUTHOR]

On 5 June 2013, Law 4/2013 of 4 June on measures to increase the flexibility of and promote the housing rental market was published in Spain's Official Gazette. As its title indicates, its purpose is to make the housing market more flexible in Spain. To this end, the principle of freedom of contract has been reinforced, the mandatory term has been reduced and the effects of lease contracts vis-à-vis third parties are subject to the general principles of the Spanish registration system. [ABSTRACT FROM AUTHOR]

The article discusses the laws regarding exceptions for actual evictions of tenants from all or a portion of the premises in New York. Topics discussed include commercial tenant allowed to occupy the premises for the duration of the lease free of rent, the court case Eastside Exhibition Corp. v. 210 East 86th Street Corp. related to partial actual eviction from a commercial property, and defense of actual eviction in a non-payment proceeding.

The article focuses on the 2009 amendments to the Residential Landlord-Tenant Act of 2007 of Arkansas. Topics discussed include the U.S Supreme Court case Mullane v. Central Hanover Bank & Trust based on the due process, the Arkansas Supreme Court case Gorman v. Ratliff that addressed the self-help evictions by the landlord that were illegal and the Uniform Residential Landlord and Tenant Act drafted by the National Conference of Commissioners on Uniform State Laws.

El artículo analiza decretos y sentencias en Derecho Inmobiliario y Urbanístico de España y Portugal emitidos entre septiembre de 2012 y junio 2013. Los temas comentados incluyen la Ley 4/2013 para promover el mercado de alquiler de viviendas en España, la Ley 8/2013 que regula la rehabilitación de construcciones y la renovación urbana y el Decreto-Lei 1/2013 de Portugal que regula los procesos de desalojo en caso de incumplimiento de pago de arrendamiento.

The article analyses the influence of the South African Consumer Protection Act 68 of 2008 on the common law warranty against eviction. It informs that the act is applicable to the supply of goods and services in an ordinary course of business. It adds that the act is not applicable in the case of consumer sales agreements where the consumer is a juristic person with an annual turnover equaling or exceeding the threshold value. It mentions that the implementation of the act has great implications for the South African common law of sale.

The article discusses the European Court of Human Rights' ruling in the case Yordanova and Others v. Bulgaria which deals with an alleged violation of the applicants' right to adequate housing under Article Eight of the European Convention on Human Rights (Article Eight) in 2012. The enforcement of an eviction removal order is addressed, along with social rights and the right to respect for family life. Self-determination and physical integrity are also examined under Article Eight.

The article discusses the European Court of Human Rights case McCann v. the United Kingdom wherein the court ruled a violation of Article 8 the European Convention on Human Rights, and awarded the applicant non-pecuniary damage. The court examined the applicant's complaints about the eviction proceedings brought against him by Birmingham City Council in the perspective of Article 8, and found the council house formerly occupied by the applicant with his ex-wife as a joint tenant as his home.

In cooperation with Lex Mundi member law firms in 109 countries, we measure and describe the exact procedures used by litigants and courts to evict a tenant for nonpayment of rent and to collect a bounced check. We use these data to construct an index of procedural formalism of dispute resolution for each country. We find that such formalism is systematically greater in civil than in common law countries, and is associated with higher expected duration of judicial proceedings, less consistency, less honesty, less fairness in judicial decisions, and more corruption. These results suggest that legal transplantation may have led to an inefficiently high level of procedural formalism, particularly in developing countries. [ABSTRACT FROM AUTHOR]

Examines the application of due process of law in the employment context on the case filed by police officer David Singleton against Don Cecil, police chief of Advance, Missouri and its four city council members. Role of private investigator David George on the case; Decision of the United States Court of Appeals for the Eighth Circuit on the due process claim of Singleton; Basis of the court decision.