Alternative Communities in Aotearoa, New Zealand: The Cohousing Lifestyle

In this research, I aimed to explore the benefits and challenges of living in a cohousing community, as a form of intentional community. I also aimed to investigate the impact of intentional design on the experience of living within the cohousing model of community. Information was gathered from fourteen residents of Earthsong Eco-Neighbourhood, both current and past, via interviews. The analysis revealed that the lifestyle within cohousing communities produced a positive experience of collective living, accompanied by specific benefits and challenges, as expressed by residents of Earthsong. The primary benefits of living in cohousing included social connection/support, shared facilities and responsibilities, and environmental design. The associated challenges included the management of interpersonal relationships, community decision-making, and practicality of design features. The unique design of cohousing influenced social, economic, and environmental aspects of day to day living. This impacted the experience of living in cohousing as residents consciously engaged in sustainable living practices. In support of theoretical explanations of intentional community, residents of Earthsong expressed positive experiences of living in cohousing. They believed that the environment was supportive, cooperative, and enjoyable. The community design was seen to impact the experience of cohousing as the focus placed on social connections allowed for the sharing of support and resources. In turn, a safe and cohesive neighbourhood made day to day life easier and enjoyable for residents of Earthsong. This study highlighted the social, economic, and environmental benefits and challenges of intentional community design

RESPA - Questioning its Effectiveness

Purchasing real estate is a complicated process, especially for the average consumer. The closing procedure alone involves fees and documents that can be confusing to a borrower. The Real Estate Settlement Procedures Act (RESPA) was enacted in 1974 in order to ease some of this confusion. This article discusses the enactment of RESPA and its purpose, which is mainly to insure that consumers... are provided with greater and more timely information on the nature and costs of the settlement process and are protected from unnecessarily high settlement charges caused by certain abusive practices. The article also discusses disclosure requirements that lenders must comply with, such as delivering to the borrower a good faith estimate, a Special Information Booklet, and a HUD-1 Settlement Statement, and problems associated with those disclosures. Additionally, the article analyzes case law that deals with the legality of certain kickbacks and referral fees under RESPA. The article further discusses reform proposals to RESPA that would better inform consumers of the costs related to their mortgages. The article concludes by suggesting safeguards to help ensure proper disclosures pursuant to RESPA

Stop Shutting the Door on Renters: Protecting Tenants from Foreclosure Evictions

This article discusses existing and proposed federal and state law affecting tenants’ rights in foreclosure. As “Foreclosure” signs rapidly join “For Sale” signs across the country, the national foreclosure crisis has not only displaced homeowners, but a plethora of renters as well. The approach taken by states concerning tenants affected by foreclosure varies greatly. Furthermore, a recently enacted Federal law, created specifically to help tenants in foreclosure, does not relieve the uncertainty in resolving this issue. In addition to being the first to critique the new federal law, this article offers recommendations for legislation that may better protect tenants from foreclosure-related evictions

Ashes to Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation and Cremated Remains

One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute. The author gives a brief history of cremation, a review of certain state and country funerary and crematory services laws, and concludes with an analysis and suggestions on how states may provide for disputes among survivors, including that France’s proposed legislation to provide a legal status for cremated remains is a step in the right direction

Estates & Trusts: 2001 Survey of Florida Law

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law

“I’m Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution of a Dead Beneficiary’s Gift

Anti-lapse statutes create a category of substitute takers when a beneficiary prematurely dies. They are based on the legislature’s presumption of how a testator or settlor would want his property distributed in these circumstances. However, a testator’s or settlor’s intent may effectively be frustrated by this presumed intent. This Article critically examines the tension between an individual’s autonomy and societal goals in the context of anti-lapse statutes applicable to wills and trusts. It scrutinizes the current rules of construction regarding anti-lapse statutes and identifies their deficiencies in their application to wills and trusts. This Article analyzes and identifies the deficiencies encountered in the common law, state statutes, Uniform Probate Code, and Uniform Trust Code, and proposes possible solutions. Finally, it questions the need for anti-lapse statutes and considers application of the doctrine of reformation in their stead

It’s Not a Small World After All: Regulating Obesity Globally

The rate of obesity and overweight among the world population has increased dramatically over the past several years in both adults and children. Childhood obesity is a critical health care concern. There have been well-publicized efforts to regulate children‘s obesity both in the U.S. and abroad through such measures as mandated nutritional school lunch programs. This article focuses, however, on a less examined area of regulation—the recent worldwide efforts to curb obesity among adults. The regulations discussed in this article include measures proposed or adopted by either administrative agencies or legislative bodies, whether on a local or national level. The author explains that legislation aimed at educating the public, through information or wellness programs, seems to be the least costly and seemingly most effective way to curb obesity

Bicuspid aortic valve regurgitation: Quantification of anatomic regurgitant orifice area by 3D transesophageal echocardiography reconstruction

Bicuspid aortic valve regurgitation: quantification of anatomic regurgitant orifice area by 3D transesophageal echocardiography reconstruction

“But My Lease Isn’t Up Yet!”: Finding Fault with “No-Fault” Evictions

Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own. This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides an overview of the history of landlord tenant law and its relevance to evictions. Part III includes statistics regarding evictions. It also provides statistics on those who are affected by a landlord’s early termination of a lease. Part IV analyzes the common law, statutes, or uniform acts regarding “no fault” evictions of tenants from private residential dwellings in cases of foreclosure, sales, and landlord’s intended re-occupancy. Lastly, the final part intertwines policy issues and proposes recommendations for RURLTA (Revised Uniform Residential Landlord and Tenant Act)