REVIEW WITH EXHORTATION=> 'ND...CASE STUDY...EVICTION MILL'S FAST TRACK TO HOMELESSNESS'

  TEXT, "NORTH DAKOTA CASE STUDY: THE EVICTION COURT'S FAST TRACK TO HOMELESSNESS" by Breezy A. Schmidt, North Dakota Law Review 93:3

https://commons.und.edu/ndlr/vol92/iss3/3  

This is a very fine paper from a law review whose venue is North Dakota U based, with a 'free commons' approach to access. The fact that its location of origin is from a non-Kentucky state (most states are NOT KY laugh!) is negligible, for its content exactly corresponds to the situation for evictions/eviction-court here in Louisville, but really for minor details associated with the installation of common law use and practice of forced-detainer eviction-homelessness.

I KNEW that the Lord of the Land concept so vigorous in this 'Redneck Korn Likker' place is just feudal, and so it seems to be almost everywhere in this also-Redneck country, North Dakota evidently being no exception. Here, Schmidt has given me material of great value: a clear portrayal of the English common law system, as begun in Norman Britain times, to its extension to virtually every legal venue in the United States.

I am impressed by a historical narrative to the modern moment wherein 'the tenant has all the cards stacked against her/him,' and STILL it seems true especially with deceptive motives a Lord of Land can perp just about any cruelty desired, including a eviction-with-no-reason-for-a-fully-rentpaying+ tenant, AS I WAS AND FOR WHICH I AM IN SEVERAL DIMENSIONS OF DIGNITY 'MUDDED.'

Schmidt's depiction of 'pioneer' adoption of legal provisions for eviction exactly parallel those that have been in force in Kentucky from the founding and prior of this Commonwealth, the only real difference being, evidently, the fact that the prairie state of North Dakota was settled in the latter 19th century, whereas our pioneering days were in the late 18th century, still with 'Blackstone's common law' as the rooted legal philosophy.

Common law is not mere tradition, statute affects legal decision and public policy as well. As I have noted in this web-log, the legal tradition in the venue of provenance for eviction, England, has by statute 'done a number' on prior landlord ascendancy in eviction, and a social fact by what I have read from British law review articles on the subject SEEMS TO BE THAT THE WHOLE NOTION OF PRIVATE LAND-LORD-SHIP THERE SEEMS TO BE NEAR-EXTINCT, OR IS HEADING YES IN THAT DIRECTION.

YET in the United States we hold to Blackstone-like proclivatives of Lord of Land privilege, much to the detriment of the stained system of overcharged rent AND kicking folk outa home sweet home to 'the Streets' as -- on land-properties that actually-- truly-- in the end-- belong to the States and to the United States, in such a way that

GIVEN  THE BLOOD THAT HAS BEEN SHED, AND RE WHICH MORE-WILL-FLOW of the tented and un-tented homeless who almost by anarchy have taken our streets, our parks, our underpasses, who are bleedingly in 'charitable' shelters at full capacity SCREAMS FOR AN EVENTUAL TAKING OF STATE AND FEDERAL ALL-BRUTALIZED GEOGRAPHIES for a kinder system, for a governed place that truly recognizes "the general welfare" and for the smitten "life liberty pursuit-of-happiness."

Schmidt has done something that needs greater use=> she and colleagues have developed a quite-fine-tuned system with great attention to detail which seems to be called "Legal Services of North Dakota," with use of start-sustaining-funds from a private foundation, but by evidence with good cooperation from the governances of North Dakota. Her article here reviewed illustrates the fine quantifications and tables-pursuant from her auspices here, clearly demonstrating that 1. the growth of evictions is increasing exponentially; 2. the evictions are as 'feudal' radically unfair to the tenant. I am utterly impressed by the 'case study' that COULD be modeled elsewhere. . .

SPECIFICALLY 'RIGHT HERE IN RIVER-CITY,' LOUISVILLE, KENTUCKY=> while there must be some way of accessing precise data from the proceedings of eviction court here, this is all rather 'camophlaged' in a thicket of other Web-availing court notices. COALITION FOR THE HOMELESS AND ALL LIKE 'COALITIONS' NEED TO START DOING THE KIND OF STATISTICAL 'HOMEWORK' THAT WILL SHOW=> NOT ONLY IS THERE A HOST OF CAMPING AND NOT-CAMPING HOMELESS IN LOUISVILLE (AT RATES AT LEAST RIVALING PLACES LIKE LOS ANGELES AND SAN FRANCISCO, CALIFORNIA), BUT THIS HAS EVERYTHING GERMANE AND GENERATIVE TO DO WITH AN 'E-Z  EVICTION' WAY THAT LORDS OF LAND HERE (ETC.) POSSESS.

I volunteer to do that yeoman-work of data gathering, provided I can really get data from eviction court; to any who would claim that I am biased because I had a 'raw kickout' at the whim of Lords of Land and "honery-able Sheriffs' should be in part a desired quality, for other reasons acceptable I am a trained social scientist WHO WILL NEVER 'FUDGE DATA,' WHO WILL BUT 'SPEAK THE FACTS, JUST THE FACTS.' Such is my exhortation with this fine law review, this review of a review ;-)   .