Richard Allen Epstein is an American legal scholar known for his writings on torts, contracts, property rights, law and economics, classical liberalism, and libertarianism. He is the Laurence A. Tisch Professor of Law at New York University and the director of the Classical Liberal Institute. He also serves as the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution and as a senior lecturer and the James Parker Hall Distinguished Service Professor of Law Emeritus at the University of Chicago.
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan.
Dehumanization is the denial of full humanity in others along with the cruelty and suffering that accompany it. A practical definition refers to it as the viewing and the treatment of other people as though they lack the mental capacities that are commonly attributed to human beings. In this definition, every act or thought that regards a person as "less than" human is dehumanization.
Kelo v. City of New London, 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment. In the case, plaintiff Susette Kelo sued the city of New London, Connecticut, for violating her civil rights after the city tried to acquire her house's property through eminent domain so that the land could be used as part of a "comprehensive redevelopment plan". Justice John Paul Stevens wrote for the five-justice majority that the city's use of eminent domain was permissible under the Takings Clause, because the general benefits the community would enjoy from economic growth qualified as "public use".
Chicago-Kent College of Law is the law school of the Illinois Institute of Technology, a private research university in Chicago, Illinois. It is the second oldest law school in the state of Illinois.
A mortgage loan or simply mortgage, in civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is "secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word mortgage is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the form of a collateral for a benefit (loan)".
Crane v. Commissioner, 331 U.S. 1 (1947), was a case heard before the United States Supreme Court concerning the value, for tax purposes, of inherited property with a nonrecourse mortgage encumbering it. According to Boris I. Bittker, Crane "laid the foundation stone of most tax shelters."
Negotiations to end apartheid began in 1990 and continued until President Nelson Mandela's electoral victory as South Africa's first Black president in the first democratic all-races general election of 1994. This signified the legislative end of apartheid in South Africa, a system of widespread racially-based segregation to enforce almost complete separation of white and Black races in South Africa. Before the legislative end of apartheid, whites had held almost complete control over all political and socioeconomic power in South Africa during apartheid, only allowing acquiescent Black traditional leaders to participate in facades of political power. Repercussions from the decades of apartheid continue to resonate through every facet of South African life, despite copious amounts of legislation meant to alleviate inequalities.
Seller financing is a loan provided by the seller of a property or business to the purchaser. When used in the context of residential real estate, it is also called "bond-for-title" or "owner financing." Usually, the purchaser will make some sort of down payment to the seller, and then make installment payments over a specified time, at an agreed-upon interest rate, until the loan is fully repaid. In layman's terms, this is when the seller in a transaction offers the buyer a loan rather than the buyer obtaining one from a bank. To a seller, this is an investment in which the return is guaranteed only by the buyer's credit-worthiness or ability and motivation to pay the mortgage. For a buyer it is often beneficial, because he/she may not be able to obtain a loan from a bank. In general, the loan is secured by the property being sold. In the event that the buyer defaults, the property is repossessed or foreclosed on exactly as it would be by a bank.
The Pacific Legal Foundation (PLF) is an American nonprofit public interest law firm established for the purpose of defending and promoting individual freedom. PLF attorneys provide pro bono legal representation, file amicus curiae briefs, and hold administrative proceedings with the stated goal of supporting property rights, equality and opportunity, and the separation of powers. The organization is the first and oldest libertarian public interest law firm, having been founded in 1973.
Infantilization is the prolonged treatment of one who is not a child, as though they are a child. Studies have shown that an individual, when infantilized, is overwhelmingly likely to feel disrespected. Such individuals may report a sense of transgression akin to dehumanization.
City of Sherrill v. Oneida Indian Nation of New York, 544 U.S. 197 (2005), was a Supreme Court of the United States case in which the Court held that repurchase of traditional tribal lands 200 years later did not restore tribal sovereignty to that land. Justice Ruth Bader Ginsburg wrote the majority opinion.
Reparations are broadly understood as compensation given for an abuse or injury. The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by Germany and its allies. Reparations are now understood as not only war damages but also compensation and other measures provided to victims of severe human rights violations by the parties responsible. The right of the victim of an injury to receive reparations and the duty of the part responsible to provide them has been secured by the United Nations.
Sifuna Okwethu is a 2011 documentary film about loss, resistance, identity and the elusiveness of justice as experienced by the Ndolilas, a South African family. The family’s land was taken by the apartheid government in the 1970s without compensation, and ever since then they have been on a quest to get it back.
Land reform in South Africa is the promise of "land restitution" to empower farm workers and reduce inequality. This also refers to aspects such as, property, possibly white-owned businesses. Proponents argue it will allow previously unemployed people to participate in the economy and better the country's economic growth. It also relates to restitution in the form of settling Land Claims of people who were forcefully removed from their homes in urban areas that were declared white, by the apartheid government's segregationist Group Areas Act: such areas include Sophiatown, Fietas, Cato Manor, District Six and Greyville; as well as restitution for people forcibly evicted from rural land because of apartheid policies.
The Contract Buyers League (CBL) was a grassroots organization formed in 1968 by residents of North Lawndale, a Chicago, Illinois community. The CBL was founded in order to address the exploitative practices of predatory land contracts in African American communities. The organization played a significant role in raising awareness about the issue and advocating for fair and affordable housing rights. Assisted by Jack Macnamara, a Jesuit seminarian, and twelve white college students based at Presentation Catholic Church, led by Msgr. John "Jack" Egan, the CBL fought the discriminatory real estate practice known as “contract selling.”
In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character.
The Diggers or Two Diggers is an oil painting by Dutch artist Vincent van Gogh painted in late 1889 in Saint-Rémy-de-Provence, France. It is in the Detroit Institute of Arts (DIA), Detroit, Michigan, United States. The Diggers is sometimes called Two Diggers among Trees to distinguish it from The Diggers , 1889.
Dignity taking is the destruction or confiscation of property rights from owners or occupiers, where the intentional or unintentional outcome is dehumanization or infantilization. There are two requirements: (1) involuntary property destruction or confiscation and (2) dehumanization or infantilization. Dehumanization is “the failure to recognize an individual or group's humanity” and infantilization is “the restriction of an individual or group's autonomy based on the failure to recognize and respect their full capacity to reason.” Evidence of a dignity taking can be established empirically through either a top-down approach, examining the motive and intent behind those who initiated the taking, or a bottom-up approach, examining the viewpoints of dispossessed people.
Dignity restoration is a form of reparations that provides material compensation to dispossessed individuals and communities through processes that affirm their humanity and reinforce their agency. Dignity restoration is most commonly understood as a remedy for a related concept, dignity taking – when a state directly or indirectly destroys or confiscates property rights from owners or occupiers and the intentional or unintentional outcome is dehumanization or infantilization.
