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Excellent Symposium on Mortgage Crisis Issues

posted Mar 26, 2011, 10:01 AM by Kermit Lind
HERE is a recent issue of the Suffolk University Law Review which publishes a symposium on the mortgage crisis.   The articles are excellent and there are two major connections to C|M Law.  First, Professor Kathleen Engel introduces the symposium.  She was on the C|M faculty until 2008 when she went to Suffolk.  Her publications, along with those of Professor Patricia McCoy, also formerly on C|M's faculty, continue to lead current understanding and analysis of the mortgage crisis.  Second, Clinical Professor Kermit Lind is the author of one of the articles in the issue.  Entitled "Can Public Nuisance Law Protect Your Neighborhood from Big Banks?" it explores both the theory and the application of public nuisance law in litigation and public policy development.  It suggests that confusion about the doctrine has led to misapplication in litigation, including some suits against the business practices of banks.  However, it argues for use of public nuisance doctrine against real property owners who let their property's condition interfere with the property rights and the health, safety and welfare of the public protected by the municipal exercise of police power.