| Author | Title | Citation | Summary | Year |
| Reuel Schiller |
LAW, LIBERALISM, AND THE NEW HISTORY OF THE CIVIL RIGHTS MOVEMENT SWEET LAND OF LIBERTY: THE FORGOTTEN STRUGGLE FOR CIVIL RIGHTS IN THE NORTH. BY THOMAS J. SUGRUE. NEW YORK: RANDOM HOUSE. 2008. PP. XXVIII, 688. $35.00 |
61 Hastings Law Journal 1257 (May, 2010) |
I'm watching an episode of That's So Raven, a sitcom produced by the Disney Corporation. This is a rather unusual undertaking for me, but I'm stuck on an exercycle at a suburban health club and it's what happens to be on the giant, flat-screen T.V. that is positioned directly in front of me. The title character, Raven, is the older of two children... |
2010 |
| Jaclyn M. Essinger |
MAKING HOMES SAFER WITH SAFE HOMES: A LOOK AT THE CONTROVERSIAL WAY BOSTON ATTEMPTED TO REDUCE YOUTH VIOLENCE |
43 Suffolk University Law Review 983 (2010) |
On March 27, [2007], an 11-year-old boy walked into the John P. Holland elementary school in Boston with a .44 caliber magnum handgun. The gun was taken out of his prepubescent hands before any violence occurred. On June 24, 8-year-old Liquarry Jefferson was needlessly shot to death by his 7-year-old cousin. Liquarry, who attended the Holland... |
2010 |
| Benjamin A. Schepis |
MAKING THE FAIR HOUSING ACT MORE FAIR: PERMITTING SECTION 3604(B) TO PROVIDE RELIEF FOR POST-OCCUPANCY DISCRIMINATION IN THE PROVISION OF MUNICIPAL SERVICES--A HISTORICAL VIEW |
41 University of Toledo Law Review 411 (Winter 2010) |
WHILE it seems logical that the rights acquired through the purchase or rental of a home would include the right to have water, sewer service, or police protection provided to you in the same manner that it is provided to your neighbor, housing discrimination continues to occur throughout the United States. Since 1968, however, the Fair Housing Act... |
2010 |
| Christopher C. Ligatti |
NO TRAINING REQUIRED: THE AVAILABILITY OF EMOTIONAL SUPPORT ANIMALS AS A COMPONENT OF EQUAL ACCESS FOR THE PSYCHIATRICALLY DISABLED UNDER THE FAIR HOUSING ACT |
35 Thurgood Marshall Law Review 139 (Spring, 2010) |
Discrimination saps people's strength and their ability to struggle through each day-hence causing the very depression, hopelessness, anxieties, and suspicions that become the basis for further discrimination. Laws that prohibit . . . this discrimination have been passed; it is up to all of us to learn them, understand them, take them seriously,... |
2010 |
| Michelle Ghaznavi Collins |
OPENING DOORS TO FAIR HOUSING: ENFORCING THE AFFIRMATIVELY FURTHER PROVISION OF THE FAIR HOUSING ACT THROUGH 42 U.S.C. § 1983 |
110 Columbia Law Review 2135 (December, 2010) |
This Note analyzes the § 1983 enforceability of the affirmatively further provision of the Fair Housing Act, which requires the Department of Housing and Urban Development to promote nondiscrimination, residential integration, and equal access to housing benefits in its housing programs. Through regulations, this duty also extends to local... |
2010 |
| Megan J. Ballard |
POST-CONFLICT PROPERTY RESTITUTION: FLAWED LEGAL AND THEORETICAL FOUNDATIONS |
28 Berkeley Journal of International Law 462 (2010) |
The international community has recently hailed the restoration of property rights for people uprooted by armed conflict as a means of remedying forced displacement. Proponents of property restitution assert that this remedy can enhance the rule of law in a post-conflict society by promoting reconciliation and bolstering economic and social... |
2010 |
| Matthew J. Termine |
PROMOTING RESIDENTIAL INTEGRATION THROUGH THE FAIR HOUSING ACT: ARE QUI TAM ACTIONS A VIABLE METHOD OF ENFORCING "AFFIRMATIVELY FURTHERING FAIR HOUSING" VIOLATIONS? |
79 Fordham Law Review 1367 (December, 2010) |
This Note uses United States ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County as an entry point into a discussion of residential segregation, the Fair Housing Act (FHA), and enforcement of the FHA's desegregation provision--the Affirmatively Furthering Fair Housing (AFFH) duties. This Note explains why the... |
2010 |
| Bernadette Atuahene |
PROPERTY AND TRANSITIONAL JUSTICE |
58 UCLA Law Review Discourse 65 (2010) |
Transitional justice is the study of the mechanisms employed by communities, states, and the international community to promote social reconstruction by addressing the legacy of systematic human rights abuses and authoritarianism. The transitional justice literature discussing how states can address past civil and political rights violations... |
2010 |
| Timothy Zick |
PROPERTY AS/AND CONSTITUTIONAL SETTLEMENT |
104 Northwestern University Law Review 1361 (Fall 2010) |
Introduction. 1361 I. Equality and Circumvention-by-Disposition. 1368 A. Devise and Divestment--The Baconsfield Saga. 1369 B. Leases of Public Property. 1372 C. Sales, Donations, and Other Transfers. 1375 D. Closures. 1381 II. Property Disposition and Establishment Controversies. 1385 A. Privatization and Religious Symbols. 1386 B. Privatizing Main... |
2010 |
| Nestor M. Davidson , Rashmi Dyal-Chand |
PROPERTY IN CRISIS |
78 Fordham Law Review 1607 (March, 2010) |
Property law generally develops gradually, with doctrine slowly accreting in the interstices of daily conflict and the larger culture of property likewise emerging at a glacial pace. In times of crisis, however, fundamental questions about the nature of ownership and the balance between the individual and the state instantiated in the structure of... |
2010 |
| Bernadette Atuahene |
PROPERTY RIGHTS & THE DEMANDS OF TRANSFORMATION |
31 Michigan Journal of International Law 765 (Summer 2010) |
I. Introduction. 766 A. Literature Review. 769 B. Developing the Transformative Conception. 771 II. Past Property Theft Can Destabilize the Current State: The Case of Southern Africa. 773 A. The History of Property Theft in Southern Africa. 776 B. The Case for Land Reform in Southern Africa. 778 C. Beyond Southern Africa: A Global Perspective. 780... |
2010 |
| Sara Aronchick Solow |
RACIAL JUSTICE AT HOME: THE CASE FOR OPPORTUNITY-HOUSING VOUCHERS |
28 Yale Law and Policy Review 481 (Spring 2010) |
Introduction. 481 I. A New Theory of Justice for Housing Law: Antighettoization. 485 A. Alternative Theories of Justice Embodied in Contemporary U.S. Housing Law. 485 1. Antidiscrimination: The Fair Housing Act. 486 2. Remediation: The Equal Protection Clause. 487 3. Anti-Disparate Impact: Appellate Court Jurisprudence on the Fair Housing Act. 488... |
2010 |
| Lauren Fae Silver |
RECAPTURING ART: A COMPREHENSIVE ASSESSMENT OF THE ITALIAN MODEL FOR CULTURAL PROPERTY PROTECTION |
23 New York International Law Review 1 (Summer, 2010) |
Excavated from the bowels of the earth, deprived of their identity and reduced to mere objects of beauty, without a soul, these pieces conclude their odyssey here today. --Francesco Rutelli, Italy's former culture minister, during a press conference on recently returned looted objects to Italy Common to almost all countries around the world... |
2010 |
| Rose Cuison Villazor |
REDISCOVERING OYAMA V. CALIFORNIA: AT THE INTERSECTION OF PROPERTY, RACE, AND CITIZENSHIP |
87 Washington University Law Review 979 (2010) |
Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California's Alien Land Law, which allowed the state to take an escheat action on property given to U.S. citizens that had been purchased by their parents who were not eligible to become citizens. At the time,... |
2010 |
| Chloe M. Jones |
RELIGIOUS ACCOMMODATION AND HOUSING |
75 Brooklyn Law Review 1405 (Summer, 2010) |
Proper enforcement of the Fair Housing Act's promise of equal housing opportunity and of the First Amendment's guarantee to protect the practice of religion without the government establishing religion can help ensure that all persons live comfortably together in our pluralistic society and that all persons have access to safe, decent, sanitary... |
2010 |
| Margaret McEntire |
THE CONSTRICTION OF RIGHTS: A PROPERTY LAW APPROACH TO CITY-BASED IMMIGRATION INITIATIVES THAT PLACE RENTAL BANS ON CITY BALLOTS |
12 Scholar: St. Mary's Law Review on Minority Issues 291 (Winter 2010) |
I. Introduction. 292 II. Background. 295 A. Genesis and Evolution of Rental Ban Ordinances. 295 B. Conflict of Laws. 296 C. Rental Ban Layout. 297 1. Prohibitions and Requirements for Property Owners. 297 2. Punitive Measures for Violators. 298 3. Harboring Leads to Prosecution. 299 D. Parallel Ordinances and the Alleged Reasoning Behind Their... |
2010 |
| Robert C. Ellickson |
THE FALSE PROMISE OF THE MIXED-INCOME HOUSING PROJECT |
57 UCLA Law Review 983 (April, 2010) |
Since 1970, mixed-income (inclusionary) housing projects have proliferated in the United States. In a community of this sort, only some of the dwelling units, perhaps as few as 10 to 25 percent, are targeted for delivery of housing assistance. Eligible households that successively occupy these particular units pay below-market rents, while the... |
2010 |
| Kristina Caffrey |
THE HOUSE OF THE RISING SUN: HOMEOWNERS' ASSOCIATIONS, RESTRICTIVE COVENANTS, SOLAR PANELS, AND THE CONTRACT CLAUSE |
50 Natural Resources Journal 721 (Fall 2010) |
Private land-use controls in the form of restrictive covenants promulgated by homeowners' associations prevent the effective use and expansion of alternative energy by prohibiting or restricting the use of solar energy devices based on concerns of uniformity and aesthetics. The problem of homeowners' associations discriminating against solar energy... |
2010 |
| Pouya Bavafa |
THE INTENTIONAL TARGETING TEST: A NECESSARY ALTERNATIVE TO THE DISPARATE TREATMENT AND DISPARATE IMPACT ANALYSES IN PROPERTY RENTALS DISCRIMINATION |
43 Columbia Journal of Law and Social Problems 491 (Summer, 2010) |
This Note addresses when a landlord exclusively rents to particular minority groups intending to profit from substandard apartment conditions and services. Because there is no similarly situated group of non-minority tenants with whom they can compare their treatment by the landlord, targeted tenants cannot successfully make a claim of... |
2010 |
| Matthew T. Wholey |
THE INTERNET IS FOR DISCRIMINATION: PRACTICAL DIFFICULTIES AND THEORETICAL HURDLES FACING THE FAIR HOUSING ACT ONLINE |
60 Case Western Reserve Law Review 491 (Winter, 2010) |
The song Everyone's a Little Bit Racist from the popular Broadway musical Avenue Q proclaims, axiomatically, that [e]veryone makes judgments based on race [n]ot big judgments, like who to hire or who to buy a newspaper from just little judgments like thinking that Mexican busboys should learn to speak English! It teaches a troubling lesson that,... |
2010 |
| James A. Long |
THE LOW-INCOME HOUSING TAX CREDIT IN NEW JERSEY: NEW OPPORTUNITIES TO DECONCENTRATE POVERTY THROUGH THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING |
66 New York University Annual Survey of American Law 75 (2010) |
The federal Low Income Housing Tax Credit (LIHTC) program has produced over one million rental housing units from 1995 to 2005, most of which are affordable to low-income tenants. Developers of low-income rental housing apply for federal income-tax credits to subsidize their affordable housing units through a competitive process administered by the... |
2010 |
| Steven J. Eagle |
THE REALLY NEW PROPERTY: A SKEPTICAL APPRAISAL |
43 Indiana Law Review 1229 (2010) |
The simple idea that it needs only a change in some external thing (such as the structure of property rights) to transform the human condition is superstition lurking behind many treatments of the subject. The call for transformation in property law reminds us that there is nothing new under the sun. Moderns have sought secular salvation; first... |
2010 |
| Daniel Fitzpatrick, Susana Barnes |
THE RELATIVE RESILIENCE OF PROPERTY: FIRST POSSESSION AND ORDER WITHOUT LAW IN EAST TIMOR |
44 Law and Society Review 205 (June, 2010) |
Much of the recent literature on customary property relations in sub-Saharan Africa has highlighted underlying characteristics of negotiability and indeterminacy. Custom is prone to reinvention as resource claimants manipulate customary references across multiple forums for property legitimation and authority. This article focuses on the resilience... |
2010 |
| Kyra Olds |
THE ROLE OF COURTS IN MAKING THE RIGHT TO HOUSING A REALITY THROUGHOUT EUROPE: LESSONS FROM FRANCE AND THE NETHERLANDS |
28 Wisconsin International Law Journal 170 (Spring 2010) |
Support for victims of housing rights violations in defining and asserting their rights at a personal and group level is critical. Access to decent housing is a precondition for the exercise of other fundamental rights and for full participation in society. On May 30, 2008, for the first time, a court upheld DALO, (droit au logement opposable... |
2010 |
| Matt Hall |
THE ROLE OF THE EXHAUSTION AND RIPENESS DOCTRINES IN REASONABLE ACCOMMODATION DENIAL SUITS UNDER THE FAIR HOUSING AMENDMENTS ACT |
24 BYU Journal of Public Law 347 (2010) |
Bryant Woods Inn, Inc. seemingly resolved the question of when a locality may require a disabled party to appeal an adverse accommodation request. There, a nursing home operator sued Howard County for failing to make a reasonable accommodation under the Fair Housing Act to allow it to expand its operation. The County argued that because the... |
2010 |
| Nicole Stelle Garnett |
THE UNBOUNDED HOME: PROPERTY VALUES BEYOND PROPERTY LINES BY LEE ANNE FENNELL NEW HAVEN, CT: YALE UNIVERSITY PRESS, 2009, PP. 312. $45.00. |
119 Yale Law Journal 1904 (June, 2010) |
INTRODUCTION. 1906 I. PRICING PROPERTY REGULATION. 1910 A. The Leaky Bucket Problem. 1911 B. Enter Options. 1918 II. PROPERTIZING THE METROPOLITAN COMMONS. 1922 III. SLICING HOMEOWNERSHIP. 1925 A. Structuring Owner-Investor Relationships. 1928 1. Shared Ownership. 1928 2. Derivative Markets and Housing Indices. 1929 3. A New Tenure Form. 1930 B.... |
2010 |
| Rebecca Tracy Rotem |
USING DISPARATE IMPACT ANALYSIS IN FAIR HOUSING ACT CLAIMS: LANDLORD WITHDRAWAL FROM THE SECTION 8 VOUCHER PROGRAM |
78 Fordham Law Review 1971 (March, 2010) |
The Fair Housing Act (FHA) outlaws discrimination in housing based on race, color, religion, national origin, and sex. A plaintiff can win an FHA claim using a disparate impact theory by showing that the defendant's actions had a disproportionately adverse impact on a protected class. This Note will address a circuit court split on whether a... |
2010 |
| Janet Thompson Jackson |
WHAT IS PROPERTY? PROPERTY IS THEFT: THE LACK OF SOCIAL JUSTICE IN U.S. EMINENT DOMAIN LAW |
84 Saint John's Law Review 63 (Winter 2010) |
The individual right of property is not simply an economic right . . . . Individual property rights are also about self-expression, self-governance, belonging, and civic participation. A proper theory of constitutional protection of property should therefore be concerned about possible abuse of government power when cities condemn land, especially... |
2010 |
| Louis W. Hensler III |
WHAT'S SIC UTERE FOR THE GOOSE: THE PUBLIC NATURE OF THE RIGHT TO USE AND ENJOY PROPERTY SUGGESTS A UTILITARIAN APPROACH TO NUISANCE CASES |
37 Northern Kentucky Law Review 31 (2010) |
This essay addresses recurring issues that arise when two or more occupiers of real property use their property in ways that conflict. The real property owner's interest in using and enjoying property as the owner pleases is almost universally regarded as one of the important sticks in the bundle of property interests held by the real property... |
2010 |
| Sarah Devlin |
"I LOST MY HOME, DON'T TAKE MY VOICE!" ENSURING THE VOTING RIGHTS OF THE HOMELESS THROUGH NEGOTIATED RULEMAKING |
2009 Journal of Dispute Resolution 175 (2009) |
Who are the electors...? Not the rich more than the poor, not the learned, more than the ignorant, not the haughty heirs of distinguished names, more than the humble sons of obscure and unpropitious fortune. The electors are to be the great body of the people of the United States. The right to vote, as the citizen's link to his laws as... |
2009 |
| Adam Weintraub |
"LANDLORDS NEEDED, TOLERANCE PREFERRED": A CLASH OF FAIRNESS AND FREEDOM IN FAIR HOUSING COUNCIL V. ROOMMATES.COM |
54 Villanova Law Review 337 (2009) |
Th[e] [Internet's] dynamic--jumbled, anonymous, instantaneous communication--raises some fundamental questions; not least among them those that challenge our comfortably settled understanding of the First Amendment and our right to express ourselves freely. The emergence of the Internet has thoroughly changed the way our society conducts business... |
2009 |
| Jeremy A. Blumenthal |
"TO BE HUMAN": A PSYCHOLOGICAL PERSPECTIVE ON PROPERTY LAW |
83 Tulane Law Review 609 (February, 2009) |
I. Introduction. 610 II. Perceptions. 612 A. Perceptions of Property and Ownership . 612 B. Perceptions of Doctrines. 621 C. Perceptions of Punishment. 622 D. Why Study Perceptions?. 623 III. Behavior. 625 A. Animal Studies. 626 B. Cross-Cultural Analysis. 627 C. Children's Behavior. 628 D. Adult Behavior. 630 E. Summary. 632 IV. Future... |
2009 |
| Gregory Brumfield |
A CLOSER LOOK AT THE FAIR HOUSING ACT OF 1968: CAN THE DISPARATE IMPACT THEORY AFFECT THE URBAN CRISIS IN THE CITY OF NEW ORLEANS? |
37 Southern University Law Review 41 (Fall, 2009) |
Days turn into weeks and weeks turn into months. Unbelievably, the months have turned into years. The anniversary of August 29, 2005 continues to bring unbearable pain to many people. While impossible to convey the experience of Hurricane Katrina, try to imagine the following story of a family of four living in a low-income housing development in... |
2009 |
| Krista Sterken |
A DIFFERENT TYPE OF HOUSING CRISIS: ALLOCATING COSTS FAIRLY AND ENCOURAGING LANDLORD PARTICIPATION IN SECTION 8 |
43 Columbia Journal of Law and Social Problems 215 (Winter 2009) |
The Section 8 Housing Choice Voucher Program (Section 8) is an important effort to make quality housing accessible to low-income families. Although the federal program is voluntary, several states, cities, and local communities have responded to the problem of landlord rejection of Section 8 tenants with laws prohibiting discrimination based on a... |
2009 |
| Angela Onwuachi-Willig , Jacob Willig-Onwuachi |
A HOUSE DIVIDED: THE INVISIBILITY OF THE MULTIRACIAL FAMILY |
44 Harvard Civil Rights-Civil Liberties Law Review 231 (Winter 2009) |
Twenty years ago, Peggy McIntosh expounded upon the theoretical concept of white privilege in her paper, White Privilege: Unpacking the Invisible Knapsack. White privilege, she said, is like an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools, and blank checks that includes individual... |
2009 |
| Benjamin Rajotte |
A HOUSING-CENTERED APPROACH TO JUSTICE |
24 Journal of Environmental Law & Litigation 165 (2009) |
I. Fair Housing Act Theories and Hurricane Katrina. 167 II. Post-Katrina Application of the Fair Housing Act. 176 III. Conclusion. 179 |
2009 |
| Laurene M. Heybach |
ADVOCACY AND OBSTACLES IN THE EDUCATION OF HOMELESS CHILDREN AND YOUTH IN ILLINOIS |
14 Public Interest Law Reporter 281 (Summer 2009) |
The Law Project of the Chicago Coalition for the Homeless (the Law Project) is in its thirteenth year of service. The Law Project's primary purpose is the development and enforcement of the educational rights of children and youth experiencing homelessness especially in the greater Chicago area. The Law Project grew out of work undertaken by the... |
2009 |
| Daniella Lichtman Esses |
AFRAID TO BE MYSELF, EVEN AT HOME: A TRANSGENDER CAUSE OF ACTION UNDER THE FAIR HOUSING ACT |
42 Columbia Journal of Law and Social Problems 465 (Summer, 2009) |
Discrimination against transgender individuals in housing is pervasive. Nonetheless, American jurisprudence has not explicitly addressed whether there are legal protections available to transgender individuals who are the targets of housing discrimination. This Note argues that courts should utilize a broad and literal understanding of the Fair... |
2009 |
| Rubina Shaldjian |
ASSESSING THE VALIDITY OF LINKING PROGRAMS: A CASE STUDY OF DESTIN, FLORIDA'S INNOVATIVE ATTAINABLE WORKFORCE HOUSING PROGRAM |
24 Journal of Land Use & Environmental Law 337 (Spring, 2009) |
Housing is the largest expense for most Americans. While most allocate 25% to 30% of their budget to housing, the poorest often spend closer to 50% of their income. In fact, approximately ninety-five million Americans either live in sub-standard properties or spend more than 30% of their income on housing. These figures show that an increase in... |
2009 |
| Rigel C. Oliveri |
BETWEEN A ROCK AND A HARD PLACE: LANDLORDS, LATINOS, ANTI-ILLEGAL IMMIGRANT ORDINANCES, AND HOUSING DISCRIMINATION |
62 Vanderbilt Law Review 55 (January, 2009) |
Introduction. 56 I. The AII Ordinances. 59 A. Background. 59 B. Housing Provisions. 61 1. Complaint-Driven Enforcement Procedures. 62 2. Pre-authorization. 63 C. Preemption: Hazleton and Beyond. 65 II. Probable Results of AII Housing Ordinances. 72 A. Multiple Groups Likely to Be Affected. 72 B. Violations of the Fair Housing Act Likely. 81 1.... |
2009 |
| Hila Shamir |
BETWEEN HOME AND WORK: ASSESSING THE DISTRIBUTIVE EFFECTS OF EMPLOYMENT LAW IN MARKETS OF CARE |
30 Berkeley Journal of Employment and Labor Law 404 (2009) |
This Article offers a new analytical framework for understanding the distributive role of legal regulation in the interaction of home and work. Using this framework, the Article maps the double exceptionalism of the family in U.S. federal employment law. It suggests that employment law treats familial care responsibilities as exceptional in... |
2009 |
| Chidi Oguamanam |
BEYOND THEORIES: INTELLECTUAL PROPERTY DYNAMICS IN THE GLOBAL KNOWLEDGE ECONOMY |
9 Wake Forest Intellectual Property Law Journal 104 (Spring, 2009) |
This Article critically examines the inadequacy of theoretical postulates on intellectual property. It acknowledges that theorizing around intellectual property is an important ongoing but elusive intellectual adventure that is critical for law and policy direction on intellectual property. Perhaps, at no time is this fact more obvious than in the... |
2009 |
| Valerie L. Collins |
CAMOUFLAGED LEGITIMACY: CIVIL COMMITMENT, PROPERTY RIGHTS, AND LEGAL ISOLATION |
52 Howard Law Journal 407 (Winter 2009) |
I thought how unpleasant it is to be locked out; and I thought how it is worse, perhaps, to be locked in. One of the most important liberty speeches in American history was Patrick Henry's pronouncement to the Virginia Assembly in 1775 to [g]ive me liberty or give me death! However, few know that while Henry made this inspiring proclamation, he... |
2009 |
| Jeanne C. Fromer |
CLAIMING INTELLECTUAL PROPERTY |
76 University of Chicago Law Review 719 (Spring, 2009) |
This Article explores the claiming systems of patent and copyright law with a view to how they affect innovation. It first develops a two-dimensional taxonomy: claiming can be either peripheral or central, and either by characteristic or by exemplar. Patent law has principally adopted a system of peripheral claiming, requiring patentees to... |
2009 |
| Lateef Mtima |
COPYRIGHT SOCIAL UTILITY AND SOCIAL JUSTICE INTERDEPENDENCE: A PARADIGM FOR INTELLECTUAL PROPERTY EMPOWERMENT AND DIGITAL ENTREPRENEURSHIP |
112 West Virginia Law Review 97 (Fall, 2009) |
L1-2Abstract . R398. L1-2Introduction . R399. Analytical Schema. 100 Part I. Achieving the Social Utility Mandate of the Copyright Law. 102 A. Copyright Protection as a Social Engineering Tool. 102 B. Preserving Copyright Social Utility in the Courts: The Fair Use Doctrine. 105 C. Fair Use and Unauthorized Digital Use of Copyrighted Material. 109... |
2009 |
| Sarah Spangler Rhine |
CRIMINALIZATION OF HOUSING: A REVOLVING DOOR THAT RESULTS IN BOARDED UP DOORS IN LOW-INCOME NEIGHBORHOODS IN BALTIMORE, MARYLAND |
9 University of Maryland Law Journal of Race, Religion, Gender and Class 333 (Fall 2009) |
In Baltimore, Maryland, the residents of several neighborhoods are being systematically displaced. Residents are not being driven out of poor and undesirable neighborhoods by development or gentrification, but they are being forced out nonetheless. They are moving out of their neighborhoods into new housing: the Maryland Criminal Justice System.... |
2009 |
| by Ann Graham |
Cuomo |
36 No. 7 Preview of United States Supreme Court Cases 435 (April 20, 2009) |
In this case, the attorney general of the state of New York is challenging a regulation adopted by the Office of the Comptroller of the Currency (OCC), which was invoked to prohibit a state from investigating or filing suit against a national bank when the state is seeking to enforce a state antidiscrimination law. The parties agree that the state... |
2009 |
| John L. Ropiequet |
CUOMO v. CLEARING HOUSE ASSOCIATION, L.L.C.: THE SUPREME COURT REDEFINES THE FEDERAL-STATE REGULATORY BALANCE FOR NATIONAL BANKS |
28 No. 12 Banking & Financial Services Policy Report 14 (December, 2009) |
The Supreme Court's recent decision in Cuomo v. Clearing House Ass'n, L.L.C. concluded a significant chapter in the ongoing debate over what powers state law enforcement officials may exercise over national banks. After an extended discussion of the nature and origin of the visitorial power possessed by the Office of the Comptroller of the Currency... |
2009 |
| Lisa Marie Ross |
CYBERSPACE: THE NEW FRONTIER FOR HOUSING DISCRIMINATION--AN ANALYSIS OF THE CONFLICT BETWEEN THE COMMUNICATIONS DECENCY ACT AND THE FAIR HOUSING ACT |
44 Valparaiso University Law Review 329 (Fall, 2009) |
Despite Congress's enactment of the Fair Housing Act of 1968 (FHA), which regulates housing discrimination, one need spend only a few minutes searching for housing via the Internet before finding blatant FHA violations, such as the listing above. The FHA's efforts to end egregious housing practices aimed at persons of a particular race or... |
2009 |
| Joseph William Singer |
DEMOCRATIC ESTATES: PROPERTY LAW IN A FREE AND DEMOCRATIC SOCIETY |
94 Cornell Law Review 1009 (May, 2009) |
I. Property and the American Dream. 1010 II. Property Law as a Problem. 1020 III. Schools of Thought About Property Law. 1029 A. The Traditional Alienability Approach. 1029 B. The Legal Realist (or Bundle of Rights) Approach. 1031 C. The Efficiency Approach. 1034 D. The Libertarian Approach. 1038 E. The Liberal Egalitarian Approach. 1041 F. The... |
2009 |