Articles

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Reforming the Residential Mortgage-Backed Securities Market, Hamline Law Review (2012)

This essay is a lightly-edited version of a talk given at the “Federal Housing Finance...

 

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Three Principles for Federal Housing Policy, Probate & Property (2012)

Isolating first principles of housing policy helps identify what is intrinsic to that field. Once...

 

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First Principles for an Effective Federal Housing Policy, Brooklyn Journal of International Law (2010)

Federal housing policy is heavily funded and made up of a morass of programs. This...

 

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Landlords of Last Resort: Should the Government Subsidize the Mortgages of Privately-Owned, Small Multifamily Buildings?, Western New England Law Review (2010)

The absence of stable financing options has long caused difficulties for owners of small multifamily...

 

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Rating Agencies and Reputational Risk, Maryland J. Bus. & Tech. L. (2009)

This essay is a lightly-edited version of a talk given at the University of Maryland...

 

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The Federal Government’s Implied Guarantee of Fannie Mae and Freddie Mac’s Obligations: Uncle Sam Will Pick Up the Tab, 42 Ga. L. Rev. 1019 (2008)

This article provides the most comprehensive statutory analysis to date of the federal government’s implied...

 

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Subprime Standardization: How Rating Agencies Allow Predatory Lending to Flourish in the Secondary Mortgage Market, 33 Fla. St. U. L. Rev. 985 (2006)

Predatory lending, the origination of loans with abusive terms to homeowners, is rampant in the...

 

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Modeling a Response to Predatory Lending: The New Jersey Home Ownership Security Act of 2002 (with Baher Azmy), 35 Rutgers L.J. 645 (2004)

Professor Baher Azmy and Professor David Reiss document how predatory home lending practices have become...

 

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Jefferson and Madison as Icons in Judicial History: A Study of Religion Clause Jurisprudence, 6 Md. L. Rev. 94 (2002)
 

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Housing Abandonment and New York City’s Response, 22 N.Y.U. Rev. L. & Soc. Change 783 (1996)
 

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Neighborhood Entrepreneurs Program in New York City, 5 J. Affordable Hous. & Cmty. Dev. L. 325 (1996)
 

Contributions to Books

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FOUNDATIONS OF FEDERAL HOUSING POLICY, COMMUNITY, HOME, AND IDENTITY (2011)

Federal housing policy is heavily funded and made up of a morass of programs. This...

 

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Fannie Mae and Freddie Mac: Creatures of Regulatory Privilege, FINANCIAL INSTITUTIONS AND MARKETS: CURRENT ISSUES IN FINANCIAL MARKETS (2010)

This book chapter addresses the appropriate role of Fannie Mae and Freddie Mac, the government-chartered,...

 

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Fannie Mae and Freddie Mac: Privatizing Profit and Subsidizing Loss, Lessons from the Financial Crisis: Insights and Analysis from Today’s Leading Minds (2010)

This book chapter describes the role of Fannie Mae and Freddie Mac in the ongoing...

 

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Rating Agencies: Facilitators of Predatory Lending in the Subprime Market, from the Financial Crisis: Insights and Analysis from Today’s Leading Minds (2010)

This book chapter explores how the three largest rating agencies, Standard & Poor’s, Moody’s Investor...

 

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Regulation of Subprime and Predatory Lending (forthcoming), The International Encyclopedia of Housing and Home (2010)
 

How We Got Where We Are: The Lessons of History, NO MORE ‘HOUSING OF LAST RESORT’ – THE IMPORTANCE OF AFFORDABILITY AND RESIDENT PARTICIPATION IN IN REM HOUSING (1996)
 

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How We Got Where We Are: The Lessons of History, No More ‘Housing of Last Resort’ (1996)
 

Popular Press

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Abolish Fannie and Freddie, Aol News (2011)

When the Obama administration issues its report about the future of Fannie Mae and Freddie...

 

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Hail, Paulson, Legal Times (2008)
 

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After Fannie and Freddie, 31 Nat'l L. J. 23 (2008)
 

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Fannie Mae & Freddie Mac: Socialization of Loss, 30 Nat'l L.J. 27 (2008)
 

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Time to Avert a Bailout, 29 Nat'l L. J. 27 (2007)
 

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No Safety Net for Fannie and Freddie, Christian Sci. Monitor (2006)
 

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Supreme Power to Seize Land Goes Too Far, N.Y. Daily News (2006)
 

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Predatory Lending: Let the States Legislate, N.L.J. (2005)
 

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Unusual Impetus for a Consumer Law: Amendments to Antipredatory Lending Statute Underscore Investors’ Clout, N.J.L.J. (2004)
 

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Hold the Line Against Diluting Anti-Predatory Lending Law (with Baher Azmy), N.J.L.J. (2004)
 

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Lenders Threaten to Gut Protections (with Baher Azmy), Phil. Inq., Dec. (2003)
 

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Working Towards Recovery (with Mathew Kleiner), Gotham Gaz. (2002)
 

Unpublished Papers

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Fannie Mae and Freddie Mac and the Future of Federal Housing Finance Policy: A Study of Regulatory Privilege, ExpressO (2009)

The federal government recently placed Fannie Mae and Freddie Mac, the government-chartered, privately owned mortgage...

 

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Ratings Failure: The Need for A Consumer Protection Agenda in Rating Agency Regulation (2009)
 

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The Role of the Fannie Mae/Freddie Mac Duopoly in the American Housing Market, Journal of Financial Regulation and Compliance (2009)
 

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Subprime Standardization: How Rating Agencies Allow Predatory Lending to Flourish in the Secondary Mortgage Market, ExpressO (2005)

Predatory lending, the origination of loans with abusive terms to homeowners, is rampant in the...

 

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New Jersey’s Model Response to Predatory Lending, ExpressO (2003)

As widespread media coverage has documented, predatory home lending practices have become rampant throughout the...

 

Other

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Book Review: Edward L. Glaeser, Triumph of The City: How Our Greatest Invention Makes Us Richer, Smarter, Greener, Healthier, and Happier (The Penguin Press 2011) (2012)

It is always a bit unnerving to read someone else’s love letters, but even more...

 

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Learning from Financial History: An Academic Never Forgets (2011)

Those with short-term memories have been dominating our debate over the future of the Consumer...

 

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Fannie Mae, Freddie Mac, and the Future of Federal Housing Finance Policy: A Study of Regulatory Privilege (2011)

The federal government recently placed Fannie Mae and Freddie Mac, the government-chartered, privately owned mortgage...

 

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Fannie Mae and Freddie Mac: Implications for Credit Unions (2011)

This research brief provides an overview of the role of Fannie Mae and Freddie Mac...

 

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Book Review: The Subprime Virus: Reckless Credit, Regulatory Failure, and Next Steps (2011)

John Godfrey Saxe’s 19th century poem, “The Blind Men and the Elephant,” opens with six...

 

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Book Review: Dan Immergluck, FORECLOSED: HIGH-RISK LENDING, DEREGULATION, AND THE UNDERMINING OF AMERICA’S MORTGAGE MARKET (2010)

This is a book review of Dan Immergluck, FORECLOSED: HIGH-RISK LENDING, DEREGULATION, AND THE UNDERMINING...

 

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Coming Out of Conservatorship: Developing an Exit Strategy for Fannie and Freddie, Lombard Street (2009)

This brief article reviews the various policies that the Obama Administration can choose from as...

 

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How the Residential Mortgage-Backed Securities Market Impacts Dirt Lawyers and Their Clients, 35 N.Y. Real Property L. J. 35 (2007)
 

Book Review, J. DeFilippis, Unmaking Goliath: Community Control in the Face of Global Capital (2003), 37 Env’t & Plan. A756 (2005)