| Author | Title | Citation | Summary | Year |
| John A. Powell |
REFLECTIONS ON THE PAST, LOOKING TO THE FUTURE: THE FAIR HOUSING ACT AT 40 |
41 Indiana Law Review 605 (2008) |
Every ten years, dutiful law review editors across the nation call upon commentators and scholars to reflect upon the state of housing in the United States. Among all of the commemorative scholarship in the area of civil rights, perhaps none can be as somber or dispiriting as the state of fair housing. Although, and perhaps because, housing was... |
2008 |
| Lorna Fox |
RE-POSSESSING "HOME": A RE-ANALYSIS OF GENDER, HOMEOWNERSHIP AND DEBTOR DEFAULT FOR FEMINIST LEGAL THEORY |
14 William and Mary Journal of Women and the Law 423 (Spring, 2008) |
The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The... |
2008 |
| Stephen Collins |
SAVING FAIR HOUSING ON THE INTERNET: THE CASE FOR AMENDING THE COMMUNICATIONS DECENCY ACT |
102 Northwestern University Law Review 1471 (Summer 2008) |
I. Introduction. 1471 II. The Fair Housing Act and the Communications Decency Act. 1474 A. The Fair Housing Act: § 3604(c). 1474 B. The Communications Decency Act. 1479 III. The Dominance of the Communications Decency Act. 1483 A. Courts Interpret § 230. 1483 B. Courts Apply § 230 to the Fair Housing Act. 1488 IV. Saving § 3604(c). 1490 A. The... |
2008 |
| Prepared By: Daniel Stafford |
SELECTED HOUSE BILLS |
1 John Marshall Law Journal 278 (2008) |
Co-Sponsors: Rep. Al Williams (165), Rep. Carolyn Hugley (133), Rep. Calvin Smyre (132), Rep. Bob Holmes (61) & Rep. David Lucas (139). Summary: House Bill 149 sought to prohibit law enforcement officials from being able to use race or ethnicity as a basis for probable cause while engaged in law enforcement duties. The legislation required officers... |
2008 |
| Nina Farnia |
SITTING SILENTLY AT HOME: A CRITIQUE OF THE REVOLUTION WILL NOT BE FUNDED: BEYOND THE NON-PROFIT INDUSTRIAL COMPLEX |
17 UCLA Women's Law Journal 269 (Spring 2008) |
I. The Non-Profit Industrial Complex: Definitions and Questions. 279 A. Who Are the Members of the Non-Profit Industrial Complex? What Do They Really Do?. 282 B. How Can These Organizations Contribute to the Establishment of a Transformative Social Justice Movement?. 289 II. What Is a Social Movement?. 293 A. How Is Organizing Different from a... |
2008 |
| Aric K. Short |
SLAVES FOR RENT: SEXUAL HARASSMENT IN HOUSING AS INVOLUNTARY SERVITUDE |
86 Nebraska Law Review 838 (2008) |
I. Introduction. 839 II. Qualifying and Quantifying Sexual Harassment in Housing. 843 A. What Constitutes Residential Sexual Harassment?. 844 B. Measuring the Incidence. 847 1. Empirical Studies. 847 2. Official Data. 849 3. Case Law. 853 4. Investigative Journalism. 854 III. The FHA as an Imperfect Vehicle for Residential Sexual Harassment Claims.... |
2008 |
| Geoffrey R. Scott |
SPOLIATION, CULTURAL PROPERTY, AND JAPAN |
29 University of Pennsylvania Journal of International Law 803 (Summer 2008) |
1. Introduction. 805 2. The Protection of Cultural Property: Contemporary Involvement of Japan. 813 3. Who is the Rightful Owner of Cultural Property? The Political Context in the East . 816 4. The Japanese-Korean Conflict. 824 4. 1. Japanese Invasions of Korea, 1592-1598. 825 4. 2. The Late Nineteenth Century and Continuing Through Japan's... |
2008 |
| Steven Semeraro |
SWEET LAND OF PROPERTY?: THE HISTORY, SYMBOLS, RHETORIC, AND THEORY BEHIND THE ORDERING OF THE RIGHTS TO LIBERTY AND PROPERTY IN THE CONSTITUTIONAL LEXICON |
60 South Carolina Law Review 1 (Autumn 2008) |
I. Introduction. 2 II. Property and Liberty Rights in American Jurisprudence. 6 A. Defining Property and Liberty Rights. 7 B. Judicial Scrutiny of Property and Liberty Rights. 9 III. Historical Property Rights. 11 A. Intellectual History of the Founding Era. 12 B. Constitutional Text. 16 C. Judicial Interpretation. 19 1. Early Republic20 2. Early... |
2008 |
| Jeannie Suk |
TAKING THE HOME |
20 Law and Literature 291 (Fall, 2008) |
Abstract. Law resists the uncanny. The home is the exemplar of the uncanny. Two Supreme Court cases, decided four days apart, Kelo v. City of New London and Town of Castle Rock v. Gonzales, grapple with the uncanny home. Both reflect on the meanings of the home as simultaneously the source of security against and the focal point of anxieties about... |
2008 |
| Alan M. White |
THE CASE FOR BANNING SUBPRIME MORTGAGES |
77 University of Cincinnati Law Review 617 (Winter 2008) |
Imagine a home loan bank; a bank with a better idea. Instead of hiring armies of underwriters with green eyeshades to size up loan applicants, scrutinize their documents, calculate their income ratios, and turn down scores of requests, this bank will use a new approach--everybody gets a mortgage. The bank will want an appraisal of your home. As... |
2008 |
| Marc R. Poirier |
THE CULTURAL PROPERTY CLAIM WITHIN THE SAME-SEX MARRIAGE CONTROVERSY |
17 Columbia Journal of Gender and Law 343 (2008) |
Partisans in the contemporary controversy over same-sex marriage and marriage equality often use the rhetoric of access and exclusion to frame their positions. These terms are also used to stake out positions on how to resolve conflicts over congestible natural resources. This Article takes the terms at face value and asks whether and how the... |
2008 |
| Michael B. de Leeuw , Megan K. Whyte , Dale Ho , Catherine Meza , Alexis Karteron |
THE CURRENT STATE OF RESIDENTIAL SEGREGATION AND HOUSING DISCRIMINATION: THE UNITED STATES' OBLIGATIONS UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
13 Michigan Journal of Race and Law 337 (Spring 2008) |
The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease... |
2008 |
| Jeannine Bell |
THE FAIR HOUSING ACT AND EXTRALEGAL TERROR |
41 Indiana Law Review 537 (2008) |
It cannot be doubted that among the civil rights intended to be protected from discriminatory state action by the Fourteenth Amendment are the rights to acquire, enjoy, own and dispose of property. Equality in the enjoyment of property rights was regarded by the framers of that Amendment as an essential pre-condition to the realization of other... |
2008 |
| Hari M. Osofsky |
THE GEOGRAPHY OF JUSTICE WORMHOLES: DILEMMAS FROM PROPERTY AND CRIMINAL LAW |
53 Villanova Law Review 117 (2008) |
Falling into a black hole has become one of the horrors of science fiction. In fact, black holes can now be said to be really matters of science fact. Of course, where the science fiction writers really go to town is on what happens if you do fall into a black hole. A common suggestion is that if the black hole is rotating, you can fall through a... |
2008 |
| Matthew H. Greene |
THE HOPE VI PARADOX: WHY DO HUD'S MOST SUCCESSFUL HOUSING DEVELOPMENTS FAIL TO BENEFIT THE POOREST OF THE POOR? |
17 Journal of Law & Policy 191 (2008) |
In February of 2008, the United Nations (UN) Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, along with the UN Independent Expert on minority issues, issued a press release condemning the redevelopment of public housing in New Orleans... |
2008 |
| Kathryn B. Richards |
THE ILLINOIS CONDOMINIUM PROPERTY ACT: AN ANALYSIS OF LEGISLATIVE EFFORTS TO IMPROVE TENANTS' RIGHTS IN THE CONDOMINIUM CONVERSION PROCESS |
57 DePaul Law Review 829 (Spring 2008) |
Kathy first learned that her apartment building was going condo from a stranger who knocked on her door and asked if he could come inside and take a look around. He said that he was planning to buy her apartment. At another building, all of the tenants' leases were changed to month-to-month tenancies. The building was then sold, and the new owner... |
2008 |
| Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins |
THE NIGHTMARE ON MAIN STREET FOR AFRICAN-AMERICANS: A CALL FOR A NEW NATIONAL POLICY FOCUS ON HOMEOWNERSHIP |
10 Berkeley Journal of African-American Law & Policy 262 (2008) |
Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... |
2008 |
| David Takacs |
THE PUBLIC TRUST DOCTRINE, ENVIRONMENTAL HUMAN RIGHTS, AND THE FUTURE OF PRIVATE PROPERTY |
16 New York University Environmental Law Journal 711 (2008) |
Who owns the Earth and its resources? To what extent may the general public claim the pure water, clean air, rich soil, and the myriad services Earth provides to sustain human life? Across continents and spanning centuries, a dynamic tension continues between those who would circumscribe the Earth's bounty for private use and those who would... |
2008 |
| Leslie Friedman Goldstein |
THE SECOND AMENDMENT, THE SLAUGHTER-HOUSE CASES (1873), AND UNITED STATES V. CRUIKSHANK (1876) |
1 Albany Government Law Review 365 (2008) |
Introduction. 367 I. Lingering Mysteries About the Slaughter-House Cases. 370 A. Purposes of the Privileges or Immunities Clause. 370 B. The Slaughter-House Cases (1873). 372 II. Providing a Motive for Slaughter-House. 380 A. Inadequacies of Prior Scholarship. 380 B. Second Amendment Incorporation in the Lower Courts. 383 1. Incorporation... |
2008 |
| Michael Halper |
THE TAX RAMIFICATIONS OF CATCHING HOME RUN BASEBALLS |
59 Case Western Reserve Law Review 191 (Fall, 2008) |
The summer of 1998 marked the rebirth of America's pastime, Major League Baseball, following several years of stunted growth caused by 1994's player strike. The resurgence is attributed in large part to the general public's fascination with the summer-long chase of Roger Maris's single-season record of sixty-one home runs. The St. Louis Cardinals'... |
2008 |
| Daria Roithmayr |
THEM THAT HAS, GETS |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| J. Andrew Crossett |
UNFAIR HOUSING ON THE INTERNET: THE EFFECT OF THE COMMUNICATIONS DECENCY ACT ON THE FAIR HOUSING ACT |
73 Missouri Law Review 195 (Winter, 2008) |
The use of online advertisements is a relatively new, but rapidly-growing phenomenon. Consumers have latched onto the idea of holding an online garage sale and its use has seen a marked increase. For example, online classified advertising services users increased eighty percent between 2004 and 2005. Consumers, however, sell more than baseball... |
2008 |
| James E. Rosenbaum , Stefanie DeLuca |
WHAT KINDS OF NEIGHBORHOODS CHANGE LIVES? THE CHICAGO GAUTREAUX HOUSING PROGRAM AND RECENT MOBILITY PROGRAMS |
41 Indiana Law Review 653 (2008) |
Neighborhood effects on the lives of families and children have long been an important topic of research, and communities are currently also a relevant topic for public policy. Theoretically, neighborhoods are important contexts for socialization and development as well as places where we see structures of inequality and opportunity in action.... |
2008 |
| Edward V. O'Hanlan |
2006 CONNECTICUT REAL PROPERTY LAW DEVELOPMENTS |
81 Connecticut Bar Journal 139 (June, 2007) |
This article highlights the 2006 decisions from the Connecticut Supreme Court (Supreme Court) and Connecticut Appellate Court (Appellate Court) in the area of real property law. Real property law includes matters concerning eminent domain, zoning, conveyances, wetlands and other environmental issues, easements, common interest ownership, real... |
2007 |
| Florence Wagman Roisman |
AFFIRMATIVELY FURTHERING FAIR HOUSING IN REGIONAL HOUSING MARKETS: THE BALTIMORE PUBLIC HOUSING DESEGREGATION LITIGATION |
42 Wake Forest Law Review 333 (Summer 2007) |
We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. Martin Luther King, Jr., I Have A Dream, Address to the March on Washington for Jobs and Freedom (Aug. 28, 1963). In making these regional efforts, HUD did not overlook the current residents of Baltimore public housing. . . . [P]ublic housing... |
2007 |
| Goutam U. Jois |
AFFORDABLE HOUSING AND CIVIC PARTICIPATION: TWO SIDES OF THE SAME COIN |
22 BYU Journal of Public Law 1 (2007) |
America faces an affordable housing crisis. The cost of housing continues to rise, making home ownership impossible for many. In some markets, the cost of renting is so high that even those earning close to the median income are considered cost-burdened. According to a recent study, nearly one hundred million Americans lack safe, decent,... |
2007 |
| J. Peter Byrne, Michael Diamond |
AFFORDABLE HOUSING, LAND TENURE, AND URBAN POLICY: THE MATRIX REVEALED |
34 Fordham Urban Law Journal 527 (March, 2007) |
Housing provides a necessary foundation for physical and social life. It provides shelter, security, recreation, and wealth. It plays a central role in the health and well-being of its occupants and also supports their employment and educational endeavors. Among the poor, there is a severe shortage of adequate, affordable housing. Because housing... |
2007 |
| Peter Salsich , Rex Gradeless , Laura Schwarz , Kathleen Zahn |
AFFORDABLE WORKFORCE HOUSING--AN AGENDA FOR THE SHOW ME STATE: A REPORT FROM AN INTERACTIVE FORUM ON HOUSING ISSUES IN MISSOURI |
27 Saint Louis University Public Law Review 45 (2007) |
In the midst of the turmoil caused by the subprime mortgage market collapse in 2007, concerns abound about the ability of working families with below local median incomes to meet their housing needs. Recent reports from the Center for Housing Policy and the Joint Center for Housing Studies at Harvard University dramatize the difficulties these... |
2007 |
| Peggie R. Smith |
AGING AND CARING IN THE HOME: REGULATING PAID DOMESTICITY IN THE TWENTY-FIRST CENTURY |
92 Iowa Law Review 1835 (July, 2007) |
I. Introduction. 1837 II. On Aging and Caring. 1843 III. The Historical Legal Link Between Domestic Service and Home Care. 1850 A. Domestic Service: A Legal Outcast. 1851 B. Reflections on the Exclusion. 1853 IV. The Fair Labor Standards Act: Home- Care Workers as Companions. 1860 A. The Domestic Service Exemption and the 1974 Amendments. 1860 B.... |
2007 |
| PeterPaul Shaker |
AMERICA'S BAD BET: HOW THE UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT OF 2006 WILL HURT THE HOUSE |
12 Fordham Journal of Corporate and Financial Law 1183 (2007) |
America's Second Prohibition, centered on online gambling, has met criticism at home for its impractical and hypocritical nature, and earned disdain abroad for its disrespect of World Trade Organization (the WTO) obligations to equal market access. By preventing American financial institutions from facilitating online wagers, the Unlawful... |
2007 |