| Author | Title | Citation | Summary | Year |
| Robert M. Zinman, Novica Petrovski |
THE HOME MORTGAGE AND CHAPTER 13: AN ESSAY ON UNINTENDED CONSEQUENCES |
17 American Bankruptcy Institute Law Review 133 (Spring, 2009) |
Assume a bank holds a $400,000 loan secured by a mortgage on Bertha Borrower's home (her principal residence). The value of Bertha's home has fallen to $200,000. Bertha is in default under the mortgage and the mortgagee notifies her that it intends to foreclose. In response, Bertha files a voluntary petition for chapter 13 relief which stays any... |
2009 |
| Katherine Evans |
THE ICE STORM IN U.S. HOMES: AN URGENT CALL FOR POLICY CHANGE |
33 New York University Review of Law and Social Change 561 (2009) |
Since its creation in 2003, the Bureau of Immigration and Customs Enforcement (ICE) has used increasingly aggressive tactics to enforce U.S. immigration law. One of ICE's most prominent enforcement initiatives is its practice of raiding the homes of immigrants. Accounts of home raids from victims all over the country reveal a pattern of practice... |
2009 |
| John Obee |
THE IMPORTANCE OF TESTING EVIDENCE IN HOUSING DISCRIMINATION SALES TRANSACTIONS: TWO CASE STUDIES |
41 Urban Lawyer 309 (Spring, 2009) |
In the forty years since the adoption of the federal Fair Housing Act, fair housing centers and civil rights attorneys have primarily used one key means of developing evidence of unlawful housing discrimination, i.e., testing. In the landmark United States Supreme Court case, Havens Realty Corp. v. Coleman, the Court determined that testers are an... |
2009 |
| Michael Diamond |
THE MEANING AND NATURE OF PROPERTY: HOMEOWNERSHIP AND SHARED EQUITY IN THE CONTEXT OF POVERTY |
29 Saint Louis University Public Law Review 85 (2009) |
Property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. Blackstone's famous statement, derived from Lockean principals, has come to exemplify the currently popular, largely unquestioned, view of property in American... |
2009 |
| A. Mechele Dickerson |
THE MYTH OF HOME OWNERSHIP AND WHY HOME OWNERSHIP IS NOT ALWAYS A GOOD THING |
84 Indiana Law Journal 189 (Winter, 2009) |
Home ownership is viewed as key to achieving the American Dream and is now an essential element of the American cultural norm of what it means to be a success. The metastasizing mortgage crisis suggests, however, that our home ownership policies are out-dated, misguided, and largely ignore the actual market realities many potential homeowners now... |
2009 |
| James Robert Breymaier |
THE NEED TO PRIORITIZE THE AFFIRMATIVE FURTHERING OF FAIR HOUSING: A CASE STATEMENT |
57 Cleveland State Law Review 245 (2009) |
I. Introduction. 245 II. Affirmative Furthering Is Necessary for Metropolitan Structural Change. 248 III. Racial Attitudes Toward Integration. 250 IV. Affirmative Furthering, Integration, and Structural Change. 252 V. Proactive Models of Intentional Integration and Affirmative Furthering. 253 |
2009 |
| Gregory S. Alexander |
THE SOCIAL-OBLIGATION NORM IN AMERICAN PROPERTY LAW |
94 Cornell Law Review 745 (May, 2009) |
This Article seeks to provide in property legal theory an alternative to law-and-economics theory, the dominant mode of theorizing about property in contemporary legal scholarship. I call this alternative the social-obligation theory. I argue that American property law, both on the private and public sides, includes a social-obligation norm, but... |
2009 |
| Bernadette Atuahene |
THINGS FALL APART: THE ILLEGITIMACY OF PROPERTY RIGHTS IN THE CONTEXT OF PAST PROPERTY THEFT |
51 Arizona Law Review 829 (Winter 2009) |
Past property theft is often a volatile political issue that has threatened to destabilize many nascent democracies. How does a transitional state avoid present-day property-related disobedience when a significant number of people believe that the current property distribution is illegitimate because of past property theft? To explore this... |
2009 |
| Stephanie Hunter McMahon |
TO SAVE STATE RESIDENTS: STATES' USE OF COMMUNITY PROPERTY FOR FEDERAL TAX REDUCTION, 1939-1947 |
27 Law and History Review 585 (Fall, 2009) |
In 1939, at the end of almost two decades of statewide want and despair, Oklahoma adopted the community property system to save state residents on their federal income tax. Between 1939 and 1947, Oklahoma and four other states openly and unabashedly exploited the Supreme Court's creation of what amounted to a tax loophole for the nation's... |
2009 |
| Gregory D. Squires |
URBAN DEVELOPMENT AND UNEQUAL ACCESS TO HOUSING FINANCE SERVICES |
53 New York Law School Law Review 255 (2008/2009) |
Dramatic changes have taken place in the nation's mortgage lending markets in recent years. Passage of the Community Reinvestment Act (CRA) in 1977, enforcement of the federal Fair Housing Act (FHA), and compliance with a range of local, state, and national fair lending rules have increased access to credit for many households and communities... |
2009 |
| Melissa A. Cohen |
VINDICATING THE MATRIARCH: A FAIR HOUSING ACT CHALLENGE TO FEDERAL NO-FAULT EVICTIONS FROM PUBLIC HOUSING |
16 Michigan Journal of Gender & Law 299 (2009) |
I. Introduction 300 II. The Law 301 III. Criticisms of the Rucker Decision 303 IV. Some Proposed Strategies to Challenge or Reform the Federal No-Fault Eviction Policy 306 V. Sex Discrimination as a New Angle of Attack 308 VI. Disparate Impact Claims Under the Fair Housing Act 310 VII. The Arlington Heights Analysis 312 A. Arlington... |
2009 |
| Evan Forrest Anderson |
VOUCHING FOR LANDLORDS: WITHDRAWING FROM THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM AND RESULTING DISPARATE IMPACT CLAIMS --GRAOCH ASSOCIATES #33, L.P. V. LOUISVILLE/JEFFERSON COUNTY METRO HUMAN RELATIONS COMMISSION, 508 F.3D 366 (6TH CIR. 2007) |
78 University of Cincinnati Law Review 371 (Fall 2009) |
The poverty and social isolation of minority groups in central cities is the single most serious problem of the American city today. It must be attacked with urgency, with a greater commitment of resources than has heretofore been the case, and with programs designed especially for this purpose. -- Daniel Patrick Moynihan More than 2.1 million... |
2009 |
| Scott N. Gilbert |
YOU CAN MOVE IN BUT YOU CAN'T STAY: TO PROTECT OCCUPANCY RIGHTS AFTER HALPRIN, THE FAIR HOUSING ACT NEEDS TO BE AMENDED TO PROHIBIT POST-ACQUISITION DISCRIMINATION |
42 John Marshall Law Review 751 (Spring 2009) |
The Blochs are Jewish, and their religious beliefs require them to display a religious symbol called a mezuzah on the outer doorframe of their residence, which they did for over thirty years without conflict. When the Blochs' condominium board reinterpreted an existing rule to prohibit display of the mezuzah, their longstanding practice now clashed... |
2009 |
| Lauren E. Burke |
"ONE STRIKE" EVICTIONS IN PUBLIC HOUSING AND THE DISPARATE IMPACT ON BLACK PUBLIC HOUSING TENANTS IN WASHINGTON, D.C. |
52 Howard Law Journal 167 (Fall 2008) |
The Fourteenth Amendment of the United States Constitution provides that No State shall . . . deprive any person of life, liberty or property, without due process of law . . . This clause is commonly referred to as the Due Process Clause because in order to limit or eliminate a person's enjoyment of the constitutional guarantees of life, liberty... |
2008 |
| Lisa T. Alexander |
A SOCIOLEGAL HISTORY OF PUBLIC HOUSING REFORM IN CHICAGO |
17-WTR Journal of Affordable Housing & Community Development Law 155 (Fall, 2007/Winter, 2008) |
Waiting for Gautreaux: A Story of Segregation, Housing, and the Black Ghetto By Alexander Polikoff Northwestern University Press (2006) 422 pages Black on the Block: The Politics of Race and Class in the City By Mary Pattillo University of Chicago Press (2007) 388 pages As the Housing Opportunities for People Everywhere (HOPE VI) program enters its... |
2008 |
| John K. Pierre , Gail S. Stephenson |
AFTER KATRINA: A CRITICAL LOOK AT FEMA'S FAILURE TO PROVIDE HOUSING FOR VICTIMS OF NATURAL DISASTERS |
68 Louisiana Law Review 443 (Winter, 2008) |
On August 29, 2005, Hurricane Katrina, the costliest and one of the five deadliest hurricanes ever to strike the United States, struck the northern Gulf Coast region, making initial landfall in Louisiana, before moving across Mississippi and into Alabama. Hundreds of thousands of people, many of them low-to-moderate-income residents, were forced... |
2008 |
| Bradford J. Sayler |
AMPLIFYING ILLEGALITY: USING THE EXCEPTION TO CDA IMMUNITY CARVED OUT BY FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY V. ROOMMATES.COM TO COMBAT ABUSIVE EDITING TACTICS |
16 George Mason Law Review 203 (Fall, 2008) |
The Internet age has introduced a variety of new ways for private citizens to express themselves. Historically, Average Joe has sat on the sidelines of the world and passively absorbed the word as spread by the few active players. Today, Joe can spread his own message across the globe at the click of a mouse. With nothing more than a computer and... |
2008 |
| Joseph Sant |
ASIAN AMERICANS AND SEATTLE'S OPEN HOUSING MOVEMENT |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 167 (2008) |
The civil rights struggle for fair housing legislation at the national level was accompanied by calls at the state and local levels throughout the country to enact ordinances banning discrimination in housing. In Seattle, the effort to formally ban discrimination in housing spanned a decade, beginning with the ill-fated 1957 state fair housing law... |
2008 |
| Andrew D. Appleby |
BALL BUSTERS: HOW THE IRS SHOULD TAX RECORD-SETTING BASEBALLS AND OTHER FOUND PROPERTY UNDER THE TREASURE TROVE REGULATION |
33 Vermont Law Review 43 (Fall, 2008) |
Currently, a vital debate has the country split in two-a debate that tears at the very fabric of America's tradition and culture: how should the IRS tax the catcher of a record-setting baseball? This question has raised the ire of Congress, confounded the IRS, and riled up tax geeks across the country. There are two prevalent conflicting views on... |
2008 |
| Cynthia Soohoo , Suzanne Stolz |
BRINGING THEORIES OF HUMAN RIGHTS CHANGE HOME |
77 Fordham Law Review 459 (November, 2008) |
A recent poll conducted by The Opportunity Agenda indicates that most Americans identify with human rights as a value and think that human rights violations are occurring in the United States. Eighty-one percent of Americans polled agreed that we should strive to uphold human rights in the United States because there are people being denied their... |
2008 |
| Robert G. Schwemm |
COX, HALPRIN, AND DISCRIMINATORY MUNICIPAL SERVICES UNDER THE FAIR HOUSING ACT |
41 Indiana Law Review 717 (2008) |
When the Federal Fair Housing Act (FHA) was passed forty years ago, its proponents saw it as a way of breaking the bonds of race-based ghettos and, with them, the limits on blacks' access to equal opportunity in education, suburban jobs, and all other aspects of the American dream. The goal of the FHA was not merely to end housing discrimination... |
2008 |
| Jo Carrillo |
DANGEROUS LOANS: CONSUMER CHALLENGES TO ADJUSTABLE RATE MORTGAGES |
5 Berkeley Business Law Journal 1 (Spring 2008) |
ABSTRACT: As recently as the first quarter of 2007, home ownership rates were up across the board, including in low-income, fixed-income, and minority communities. By the fourth quarter of 2007, sales volume had flattened, housing prices had peaked or dropped, interest rates for consumers were uncertain, and mortgage lenders had tightened access to... |
2008 |
| Edward Imperatore |
DISCRIMINATORY CONDEMNATIONS AND THE FAIR HOUSING ACT |
96 Georgetown Law Journal 1027 (March, 2008) |
C1-3Table of Contents L1-2Introduction . L31027 I. The History of Blight in the Context of Eminent Domain. 1030 a. the origins of blight and its relationship to takings jurisprudence. 1030 b. blight as a subjective and malleable concept. 1033 c. policy considerations concerning eminent domain. 1034 II. Proposed Solutions Are Inadequate. 1035 a.... |
2008 |
| Tali Schaefer |
DISPOSABLE MOTHERS: PAID IN-HOME CARETAKING AND THE REGULATION OF PARENTHOOD |
19 Yale Journal of Law & Feminism 305 (2008) |
ABSTRACT: Recent custody decisions in the United States have treated paid in-home caretakers as substitutes for parents who are either unavailable or unable to care for their children. They have created a legal category of nanny that detaches primary caretaking from the caretaker and attributes care provided by in-home caretakers to paying... |
2008 |
| Shirley Darby Howell |
DOMESTIC VIOLENCE, FLAWED INTERPRETATIONS OF 42 U.S.C. § 1437(D)(L)(6), SEXUAL HARASSMENT IN PUBLIC HOUSING, AND MUNICIPAL VIOLATIONS OF THE EIGHTH AMENDMENT: MAKING WOMEN HOMELESS AND KEEPING THEM HOMELESS |
13 Jones Law Review 1 (Fall, 2008) |
Homeless women accompanied by at least one child comprise the fastest growing segment of America's homeless population. This article examines the great poverty that has befallen so many women in America, focusing specifically upon the links between domestic violence, the Department of Housing and Urban Development v. Rucker decision interpreting 42... |
2008 |
| Judith Browne-Dianis, Anita Sinha |
EXILING THE POOR: THE CLASH OF REDEVELOPMENT AND FAIR HOUSING IN POST-KATRINA NEW ORLEANS |
51 Howard Law Journal 481 (Spring 2008) |
Katrina was a tragedy, but its aftermath presents the most exciting urban opportunity since San Francisco in 1906. Pioneers, please apply. Hurricane Katrina caused a crisis of a magnitude never before seen on U.S. soil. With thousands dead and hundreds of thousands displaced, policymakers swiftly presented the tragedy as an opportunity for New... |
2008 |
| Elizabeth K. Julian |
FAIR HOUSING AND COMMUNITY DEVELOPMENT: TIME TO COME TOGETHER |
41 Indiana Law Review 555 (2008) |
Forty years ago, shortly before the passage of the Fair Housing Act, the National Advisory Commission on Civil Disorders, more generally known as the Kerner Commission, famously declared that the country was moving toward two societies, one black, one white-separate and unequal. The Commission urged, among other things, the enactment of a... |
2008 |
| Chris A. Kolosov |
FAIR HOUSING LAWS AND THE CONSTITUTIONAL RIGHTS OF ROOMMATE SEEKERS |
4 Modern American 3 (Fall, 2008) |
Imagine a biracial, heterosexual, female Buddhist, new to Los Angeles and looking for a place to live. Short of money, she notes the following roommate-wanted ads: 1. We are three Christian females . We have weekly bible studies and bi-weekly times of fellowship. 2. The person applying for the room MUST be a BLACK GAY MALE. 3. This is a Christian... |
2008 |
| Creola Johnson |
FIGHT BLIGHT: CITIES SUE TO HOLD LENDERS RESPONSIBLE FOR THE RISE IN FORECLOSURES AND ABANDONED PROPERTIES |
2008 Utah Law Review 1169 (2008) |
I. Introduction. 1170 II. Rising Foreclosures, Abandoned Homes, and Blight on Surrounding Neighborhoods. 1173 A. Predatory Subprime Loans Are the Cause of Increased Foreclosures and Abandonments. 1174 B. The True Pecuniary and Social Costs of Abandoned Blighted Properties. 1180 III. Current Legal Responses to Combat the Rising Tide of Foreclosures... |
2008 |
| Clifton R. Gruhn |
FILLING GAPS LEFT BY CONGRESS OR VIOLATING FEDERAL RIGHTS: AN ANALYSIS OF LOCAL ORDINANCES RESTRICTING UNDOCUMENTED IMMIGRANTS' ACCESS TO HOUSING |
39 University of Miami Inter-American Law Review 529 (Spring/Summer 2008) |
I. Introduction. 529 II. The Local Ordinances Appear to Affect Immigrants' Rights Under the Fair Housing Act. 535 III. How Local Ordinances Affect Immigrants' Rights Under 42 U.S.C. § 1981, 42 U.S.C. § 1982, and 42 U.S.C. § 1983. 544 A. 42 U.S.C. § 1981. 544 B. 42 U.S.C. § 1982. 546 C. 42 U.S.C. § 1983. 547 IV. Local Ordinances Appear to Affect... |
2008 |
| Jessica Reingold Katz |
FINDING FAULT: IMPLICATIONS OF IMPORTING THE TITLE VII STANDARD FOR VICARIOUS PUNITIVE LIABILITY TO THE FAIR HOUSING ACT |
29 Cardozo Law Review 2749 (May, 2008) |
The Smiths, an African-American couple, respond by phone to an advertisement in the local newspaper for an apartment building in a predominantly white neighborhood. The building owner informs the Smiths that there is an apartment available for rent and that one of the rental agents he has employed will be happy to show them the apartment. The... |
2008 |
| Michael Aleo, Pablo Svirsky |
FORECLOSURE FALLOUT: THE BANKING INDUSTRY'S ATTACK ON DISPARATE IMPACT RACE DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY ACT |
18 Boston University Public Interest Law Journal 1 (Fall 2008) |
The foreclosure crisis that plagues the United States disproportionately affects minority borrowers. African American and Latino borrowers with incomes and credit scores similar to those of white borrowers receive far less favorable loans, commonly referred to as subprime loans, and are often charged exorbitant fees that lenders tend not to charge... |
2008 |
| John P. Relman |
FORECLOSURES, INTEGRATION, AND THE FUTURE OF THE FAIR HOUSING ACT |
41 Indiana Law Review 629 (2008) |
In their seminal work, American Apartheid, Douglas Massey and Nancy Denton compellingly chronicle the way in which residential spatial segregation in America's cities has contributed to the growth of an African-American underclass that threatens to make urban poverty and racial injustice a permanent fixture of American society. Central to their... |
2008 |
| Melinda A. Mueller |
GENDER DIFFERENCES IN THE 2006 HOUSE ELECTIONS: THE EFFECT OF GENDER ON CAMPAIGN MESSAGES ABOUT THE IRAQ WAR |
31 Thomas Jefferson Law Review 53 (Fall 2008) |
The 2006 Congressional midterm elections had all the earmarks of a traditional midterm election--low presidential popularity, an unpopular war, and a majority party tarnished by scandal. A record number of women candidates retained or won their election race, including ten women who joined the U.S. House of Representatives. The 2006 elections offer... |
2008 |
| Padraic Kenna |
GLOBALIZATION AND HOUSING RIGHTS |
15 Indiana Journal of Global Legal Studies 397 (Summer, 2008) |
This article seeks to explore the relationship between the growing phenomenon of globalization and the field of housing rights. I begin with a general description of globalization, and move on to discuss its effect on homelessness, and on housing systems across the world. I examine the role of global corporations; the globalization of housing... |
2008 |
| Janet M. Bollinger |
HOMEOWNERS' ASSOCIATIONS AND THE USE OF PROPERTY PLANNING TOOLS: WHEN DOES THE RIGHT TO EXCLUDE GO TOO FAR? |
81 Temple Law Review 269 (Spring 2008) |
A homeowners' association (HOA) governs a growing number of suburban American communities. Oftentimes, the presence of an HOA as a mechanism of private government is beneficial to community members and is a main incentive for why homeowners choose what property to purchase. Because of their broad decision-making powers and judicial discretion,... |
2008 |
| Diane J. Klein , Charles Doskow |
HOUSINGDISCRIMINATION.COM?: THE NINTH CIRCUIT (MOSTLY) PUTS OUT THE WELCOME MAT FOR FAIR HOUSING ACT SUITS AGAINST ROOMMATE-MATCHING WEBSITES |
38 Golden Gate University Law Review 329 (Spring 2008) |
Introduction. 331 I. When Is It Lawful To Discriminate, But Not To Advertise That You Do? When You're Looking For A Roommate [§ 3604(c) of the Fair Housing Act]. 334 A. Section 3604(c) turns publishers of real estate advertising into low-cost educators in the broader effort to teach Americans about the substantive non-discrimination provisions of... |
2008 |
| Risa E. Kaufman |
HUMAN RIGHTS IN THE UNITED STATES: RECLAIMING THE HISTORY AND ENSURING THE FUTURE |
40 Columbia Human Rights Law Review 149 (Fall 2008) |
Providing a powerful arsenal of crosscutting strategies and honoring the interdependence and indivisibility of economic, social, cultural, civil, and political rights, a human rights paradigm has the potential to revolutionize and reframe social justice advocacy in the United States. Indeed, domestic lawyers are increasingly adopting human rights... |
2008 |
| Kai Bartolomeo |
IMMIGRATION AND THE CONSTITUTIONALITY OF LOCAL SELF HELP: ESCONDIDO'S UNDOCUMENTED IMMIGRANT RENTAL BAN |
17 Southern California Review of Law & Social Justice 855 (Summer 2008) |
And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... |
2008 |
| Jo Carrillo |
IN TRANSLATION FOR THE LATINO MARKET TODAY: ACKNOWLEDGING THE RIGHTS OF CONSUMERS IN A MULTILINGUAL HOUSING MARKET |
11 Harvard Latino Law Review 1 (Spring 2008) |
The Federal Truth in Lending Act (TILA) requires lenders to disclose the full cost of credit to borrowers. In the case of linguistic minorities, California law goes one step further. Under California Civil Code section 1632, lenders are required to provide unexecuted translations of loan documents to consumers whose language of proficiency is... |
2008 |
| Angela Gilmore |
INCORPORATING ISSUES OF SEXUAL ORIENTATION INTO A FIRST YEAR PROPERTY LAW COURSE: RELEVANCE AND RESPONSIBILITY |
32 Nova Law Review 595 (Summer, 2008) |
I. Introduction. 595 II. Intersection of Property Law and Sexual Orientation. 598 A. The Law of Leaseholds. 599 B. Concurrent Ownership Interests. 600 C. Land Use Controls. 601 III. Preparation for Including Sexual Orientation Issues in the Property Law Course. 603 A. Considerations. 603 B. One Professor's Approach. 606 IV. Importance of Including... |
2008 |
| Michael J. Madison |
INTELLECTUAL PROPERTY AND AMERICANA, OR WHY IP GETS THE BLUES |
18 Fordham Intellectual Property, Media and Entertainment Law Journal 677 (Spring 2008) |
This Essay examines briefly some cultural models of the twentieth century for insights applicable to business models of the twenty-first century. It does so in light of an early proposition of the law and economics of intellectual property law. Intellectual property lawyers got fascinated by business models around the time that two emerging... |
2008 |
| K.J. Greene |
INTELLECTUAL PROPERTY AT THE INTERSECTION OF RACE AND GENDER: LADY SINGS THE BLUES |
16 American University Journal of Gender, Social Policy and the Law 365 (2008) |
I. The Emergence of Race in Legal Analysis. 367 A. Intellectual Property, Innovation and African-Americans. 368 B. Blacks and Copyright Law. 370 C. Blacks and Trademark Law. 374 II. The Emerging Feminist Critique of Intellecual Property. 378 A. African-American Women and IP. 380 III. Traditional Knowledge/Indigenous Peoples and Intellectual... |
2008 |
| Rigel C. Oliveri |
IS ACQUISITION EVERYTHING? PROTECTING THE RIGHTS OF OCCUPANTS UNDER THE FAIR HOUSING ACT |
43 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 2008) |
By now, most people are aware that the nation's fair housing laws prohibit discriminatory refusals to sell or rent housing to a person because of race or another protected characteristic. Most would probably also assume that the law prohibits discriminatory treatment or harassment of individuals once they move into such housing. Indeed, the federal... |
2008 |
| Katherine Brinson |
JUSTIFYING DISCRIMINATION: HOW THE NINTH CIRCUIT CIRCUMVENTED THE INTENT OF THE FAIR HOUSING ACT |
38 Golden Gate University Law Review 489 (Spring 2008) |
Imagine a facility that provides shelter and care for people who are homeless, indigent or otherwise down on their luck. The owners and staff of the organization that manages this facility want to ensure that they are providing, as much as is possible, the necessary services for a community's needy population, but doing so has become increasingly... |
2008 |
| Kaitlin A. Bridges |
JUSTIFYING FACIAL DISCRIMINATION BY GOVERNMENT DEFENDANTS UNDER THE FAIR HOUSING ACT: WHICH STANDARD TO APPLY? |
73 Missouri Law Review 177 (Winter, 2008) |
Since its inception, the Fair Housing Act has played a vital role in the exposure and reduction of housing discrimination. Victims of housing discrimination can use several theories to establish a prima facie case under the Fair Housing Act, one of which is the facial discrimination theory, which applies when a law or policy discriminates against... |
2008 |
| |
KEEPING CURRENT-PROPERTY |
22-FEB Probate and Property 15 (January/February, 2008) |
Keeping CurrentProperty offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. COMMUNITY ASSOCIATIONS: Homeowners association may limit residents' right to freedom of expression through reasonable time, place, and manner restrictions. Dissident... |
2008 |
| Margery Austin Turner |
LIMITS ON HOUSING AND NEIGHBORHOOD CHOICE: DISCRIMINATION AND SEGREGATION IN U.S. HOUSING MARKETS |
41 Indiana Law Review 797 (2008) |
When Congress passed the Fair Housing Act in 1968, America's neighborhoods were starkly segregated by race, and black families were routinely-and explicitly-denied homes and apartments in white neighborhoods. In the four decades since, we have made significant progress in combating housing discrimination, and the racial landscape of our cities and... |
2008 |
| Florence Wagman Roisman |
LIVING TOGETHER: ENDING RACIAL DISCRIMINATION AND SEGREGATION IN HOUSING |
41 Indiana Law Review 507 (2008) |
There is no such thing as the State And no one exists alone; Hunger allows no choice To the citizen or the police; We must love one another or die. W.H. Auden This year marks the fortieth anniversary of three major events with respect to residential racial discrimination and segregation in the United States: the enactment of the comprehensive... |
2008 |
| J.C. O'Brien |
LOOSE STANDARDS, TIGHT LIPS: WHY EASY ACCESS TO CLIENT DATA CAN UNDERMINE HOMELESS MANAGEMENT INFORMATION SYSTEMS |
35 Fordham Urban Law Journal 673 (April, 2008) |
Although homelessness emerged as a widespread and widely recognized social problem nearly three decades ago, researchers, politicians, and homeless service providers nationwide still lack a reliable source of data on the size and demographics of the homeless population. The Department of Housing and Urban Development (HUD) has undertaken the... |
2008 |