Community Economic Development Law


Book Description

Community development law has assumed pre-eminence among strategies to alleviate entrenched poverty and create sustainable economic and social change within low income communities. Despite the growing prominence of community development within graduate schools and the helping professions, there is no comprehensive textbook to date. This text provides that resource. Community Economic Development Law: A Text for Engaged Learning provides a flexible set of materials that faculty can customize to meet the goals of the stand-alone community development class, or the pedagogical needs of community development law clinics. The text enables students to approach the substantive material as would problem-solving, community-based practitioners. They do so by entering the community of Ourfuture City, whose Old World immigrants built a vanished industrial prosperity; and of its neighborhood, Milkweed Park, whose new immigrants and long-time residents confront the stresses of physical and financial isolation, racial segregation and economic disinvestment. Students assume the roles of advisors and advocates for the families, teachers, clergy, bankers, entrepreneurs, non-profits, public institutions, and activists of this prototypical struggling municipality. The book intersperses overviews of substantive areas that are commonly encountered in community development advocacy with exercises and problems presented by the clients from Milkweed Park. Those areas include entity formation, economic development finance, housing, land use and the emerging field of community justice. The exercises use the substantive law to highlight skills that community development lawyers need to address their clients' problems and projects, as a basis for in-class discussion and/or preparation for client representation.




The Community Economic Development Movement


Book Description

While traditional welfare efforts have waned, a new style of social policy implementation has emerged dramatically in recent decades. The new style is reflected in a panoply of Community Economic Development (ced) initiatives—efforts led by locally-based organizations to develop housing, jobs, and business opportunities in low-income neighborhoods. In this book William H. Simon provides the first comprehensive examination of the evolution of Community Economic Development, complete with an analysis of its operating premises and strategies. He describes the profusion of new institutional forms that have arisen from the movement, amalgamations that cut across conventional distinctions—such as those between private and public—and that encompass the efforts of nonprofits, cooperatives, churches, business corporations, and public agencies. Combining local political mobilization with entrepreneurial initiative and electoral accountability with market competition, this phenomenon has catalyzed new forms of property rights designed to motivate investment and civic participation while curbing the dangers of speculation and middle-class flight. With its examination of many localities and its appraisal of the strengths and weaknesses of the prevailing approach to Community Economic Development, this book will be a valuable resource for local housing, job, and business development officials; community activists; and students of law, business, and social policy.







Law Project Bulletin


Book Description







Community Economic Development Is Access to Justice


Book Description

What gaps exist in the justice system that result in a need for services provided by community economic development attorneys? What is the evidence that those gaps actually exist? How do we know that community economic development practitioners fill those gaps, and in what way? These are merely a few of the questions addressed in this collection.At the Association of American Law Schools (AALS) annual meeting in San Diego in January 2018, legal scholars gathered to discuss this evolution as part of the discussion group, “Community Economic Development Is Access to Justice.” The goal of the discussion group was to identify how community economic development (CED) law school courses, experiential and other, increase access to justice and the kind of justice. The participants included clinicians and non-clinicians. Professors Ted De Barbieri, and CJ Vachon organized the convening and formally invited eleven additional law scholars to participate, along with a number of informal participants from diverse backgrounds in CED. Each formal participant submitted a brief essay describing a community development initiative or strategy, with attention to how it fits within the evolution of the field and to how (and if) law matters in the selected initiative. Nine of the brief essays, along with framing remarks by Professor Scott Cummings and a thematic overview by Professor De Barbieri, have been published in 27 Journal of Affordable Housing and Community Development Law 463 (2019).




Private Property, Community Development, and Eminent Domain


Book Description

The contributors in this volume address the fundamental relationship between the state and its citizens, and among the people themselves. Discussion centers on a recent decision by the United States Supreme Court in the case of Kelo v. City of New London. This case involved the use of eminent domain power to acquire private property for purposes of transferring it by the State to another private party that would make "better" economic use of the land. This type of state action has been identified as an "economic development taking". In the Kelo case, the Court held that the action was legal within provisions of the US Constitution but the opinion was contentious among some of the Justices and has been met with significant negative outcry from the public. The Kelo case and the public debate arising in its aftermath give cause to assess the legal landscape related to the ability of government to fairly balance the tension between private property and the public interest. The tension and the need to successfully strike a balance are not unique to any one country or any one political system. From the United States to the United Kingdom, to the People's Republic of China, property and its legal regulation are of prime importance to matters of economic development and civic institution building. The Kelo decision, therefore, explores a rich set of legal principles with broad applicability.




Building Healthy Communities


Book Description

The field of Affordable Housing and Community Economic Development in the United States has evolved since the 1960s. It has become a solid and complex industry. Building Healthy Communities: A Guide to Community Economic Development for Advocates, Lawyers and Policymakers documents the themes and trends of the contemporary CED movement and provides guidance for strengthening our communities and ensuring that they and their residents prosper in today's global economy.




Community Development Law and Economic Justice--Why Law Matters


Book Description

The evolution of community economic development (CED) over the past several decades has witnessed dramatic growth in scale and complexity. New approaches to development and related lawyering, and to philosophies underlying these approaches, challenge us to reimagine the framework of CED. From the early days of community development corporations to today's sophisticated tools of finance and organization, this evolution reflects “why law matters” in pursuit of economic justice and opportunity. Change is visible in new approaches to enterprise development and novel grassroots initiatives that comprise a virtual “sharing economy,” as well as intensified advocacy around low-wage work and efforts to contain runaway housing markets against a backdrop of stressed municipal budgets. There has also been a parallel evolution in the legal academy--the maturing of CED programs and expanded attention in scholarship and teaching.At the Association of American Law Schools (AALS) annual meeting in San Francisco in January 2017, legal scholars gathered to discuss this evolution as part of the discussion group, “Community Development Law and Economic Justice--Why Law Matters.” The goal of the discussion group was to give further definition to CED at a fluid moment in its history and to assess an array of new strategies in the field. Are we in a new post-CED era? What are its primary features? Why, how, and to what extent do law and law schools matter in CED?Professors Peter Pitegoff, Scott Cummings, and Rashmi Dyal-Chand organized the convening and formally invited twelve additional law scholars to participate, along with a number of informal participants from diverse backgrounds in CED. Each formal participant submitted a brief essay describing a community development initiative or strategy, with attention to how it fits within the evolution of the field and to how (and if) law matters in the selected initiative. Nine of the brief essays, along with framing remarks by Professor Pitegoff and a thematic overview by Professor Cummings, have been published in 26 Journal of Affordable Housing and Community Development Law 31 (2017).