| Author | Title | Citation | Summary | Year |
| Marcia Johnson |
ADDRESSING HOUSING NEEDS IN THE POST KATRINA GULF COAST |
31 Thurgood Marshall Law Review 327 (Spring, 2006) |
In 2004, the Federal Emergency Management Agency (FEMA) war gamed a Category 5 hurricane hitting New Orleans. After Katrina hit the Gulf Coast in August 2005, FEMA estimated that as many as one million people were displaced and 450,000 families were left homeless. While those numbers are regularly modified, the reality is that the numbers of... |
2006 |
| Maria Foscarinis |
ADVOCATING FOR THE HUMAN RIGHT TO HOUSING: NOTES FROM THE UNITED STATES |
30 New York University Review of Law and Social Change 447 (2006) |
On March 4, 2005, a panel of witnesses appeared before the Inter-American Commission on Human Rights to present testimony on the situation of the right to adequate housing in the Americas. The hearing, which was thematic rather than adversarial, focused on three countries: Brazil, Canada, and the United States. For the U.S. groups involved in... |
2006 |
| Joseph William Singer |
AFTER THE FLOOD: EQUALITY & HUMANITY IN PROPERTY REGIMES |
52 Loyola Law Review 243 (Summer 2006) |
I. CONTESTED TERRAIN. 245 A. What We Learned from Hurricane Katrina. 245 B. Why We Have Already Begun to Forget (and Why It Is So Hard to Remember). 247 C. Poverty & Public Philosophy. 252 II. TWO VIEWS OF GOVERNMENT. 254 A. Small Government. 254 1. Libertarian Institutionalism. 254 2. The Libertarian Fantasy. 256 B. Democracy & Social Justice. 259... |
2006 |
| Xavier de Souza Briggs, Margery Austin Turner |
ASSISTED HOUSING MOBILITY AND THE SUCCESS OF LOW-INCOME MINORITY FAMILIES: LESSONS FOR POLICY, PRACTICE, AND FUTURE RESEARCH |
1 Northwestern Journal of Law & Social Policy 25 (Summer, 2006) |
In the social policy field, where complex goals and seemingly intractable problems often make it hard to generate useful answers about what works, there is an understandable tendency to label demonstration programs either successes or failures. In the context of assisted housing mobility initiatives, such as the court-ordered Gautreaux... |
2006 |
| Robert G. Schwemm |
BARRIERS TO ACCESSIBLE HOUSING: ENFORCEMENT ISSUES IN "DESIGN AND CONSTRUCTION" CASES UNDER THE FAIR HOUSING ACT |
40 University of Richmond Law Review 753 (March, 2006) |
In the Fair Housing Amendments Act of 1988 (FHAA), Congress added handicap to the bases of discrimination outlawed by the federal Fair Housing Act (FHA) and also enacted three special provisions to further insure equal housing opportunity for persons with disabilities. One of these special provisions--ยง 3604(f)(3)(C) --mandates that all new... |
2006 |
| Maria Isabel Medina |
CONFRONTING THE RIGHTS DEFICIT AT HOME: IS THE NATION PREPARED IN THE AFTERMATH OF KATRINA? CONFRONTING THE MYTH OF EFFICIENCY |
43 California Western Law Review 9 (Fall 2006) |
I want to extend my thanks to Ruben Garcia and Laura Padilla for organizing this conference and to Ruben and Andrea Johnson, in particular, for asking me to participate in this panel. I am going to address you today, primarily, as a person who has been affected by Katrina. To an extent, I am going to take off my law professor hat, but only to an... |
2006 |
| F. Scott Kieff |
COORDINATION, PROPERTY, AND INTELLECTUAL PROPERTY: AN UNCONVENTIONAL APPROACH TO ANTICOMPETITIVE EFFECTS AND DOWNSTREAM ACCESS |
56 Emory Law Journal 327 (2006) |
Introduction. 330 I. NIE, Coordination, and Property Rights. 338 A. Coordination as an Emerging Theory of Property Rights. 341 1. Conventional Focus on Externalities. 341 2. New Focus on Coordination. 345 B. Contrasting Property with Other Tools for Facilitating Coordination. 354 1. Norm Communities like Open Source Projects. 355 2. Firms. 359 3.... |
2006 |
| Thomas T. Ankersen , Thomas K. Ruppert |
DEFENDING THE POLYGON: THE EMERGING HUMAN RIGHT TO COMMUNAL PROPERTY |
59 Oklahoma Law Review 681 (Winter 2006) |
All the policies of Latin American States, for almost 180 years, were geared toward the elimination of forms of collective property and autonomous forms of government of the indigenous peoples. . . . [T]hose communities which have managed to attain collective property of the land and have received some sort of support from the State to develop an... |
2006 |
| Shilesh Muralidhara |
DEFICIENCIES OF THE LOW-INCOME HOUSING TAX CREDIT IN TARGETING THE LOWEST-INCOME HOUSEHOLDS AND IN PROMOTING CONCENTRATED POVERTY AND SEGREGATION |
24 Law & Inequality: A Journal of Theory and Practice 353 (Summer 2006) |
Affordable public housing has been an issue at the forefront of public policy in the United States since the Great Depression era. The social, political, and economic benefit of adequate housing for citizens at all income-levels has long been recognized. Nevertheless, despite almost seventy years worth of effort to remedy the dearth of affordable... |
2006 |
| Francesca S. Laguardia |
ENFORCING THE FAIR HOUSING ACT: CAN AGENCY INTERPRETATIONS OVERRIDE CONGRESSIONAL INTENT IN ANTI-DISCRIMINATION LEGISLATION? |
9 NYU Journal of Legislation and Public Policy 535 (2005-2006) |
On October 12, 2005, the Southern District of New York ruled that the New York State Attorney General was enjoined from enforcing state laws prohibiting discriminatory lending against national banks. The court found in favor of the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks. The OCC claimed that while... |
2006 |
| Benjamin Howell |
EXPLOITING RACE AND SPACE: CONCENTRATED SUBPRIME LENDING AS HOUSING DISCRIMINATION |
94 California Law Review 101 (January, 2006) |
Helen Latimore, a black woman, brought a suit charging racial discrimination in real estate lending by Citibank. So begins an opinion affirming summary judgment against Latimore, a South Chicago homeowner denied a $51,000 home equity loan because Citibank appraisers valued her home at $45,000. The bank refused to accept a recent appraisal valuing... |
2006 |
| Ngai Pindell |
FINDING A RIGHT TO THE CITY: EXPLORING PROPERTY AND COMMUNITY IN BRAZIL AND IN THE UNITED STATES |
39 Vanderbilt Journal of Transnational Law 435 (March 1, 2006) |
Increasing poor people's access to property and shelter in urban settings raises difficult questions over how to define property and, likewise, how to communicate who is entitled to legal property protections. An international movement--the right to the city--suggests one approach to resolving these questions. This Article primarily explores two... |
2006 |
| Danielle Pelfrey Duryea |
GENDERING THE GENTRIFICATION OF PUBLIC HOUSING: HOPE VI'S DISPARATE IMPACT ON LOWEST-INCOME AFRICAN AMERICAN WOMEN |
13 Georgetown Journal on Poverty Law and Policy 567 (Fall, 2006) |
HOPE VI must have seemed so promising. When, in 1992, the Department of Housing and Urban Development (HUD) introduced the program later dubbed HOPE VI, replacing the country's worst public housing projects with mixed-income, mixed-use, low-density new developments while providing targeted social services to low-income residents must have seemed... |
2006 |
| Laura Bacon |
GODINEZ V. SULLIVAN-LACKEY: CREATING A MEANINGFUL CHOICE FOR HOUSING CHOICE VOUCHER HOLDERS |
55 DePaul Law Review 1273 (Summer, 2006) |
The face of public housing in the United States is ever-changing. Today, public housing high rises in Chicago and across the country are being torn down in favor of low-level, mixed-income communities and the use of tenant-based vouchers. Individuals and families can apply to local housing authorities to participate in the Housing Choice Voucher... |
2006 |
| Seema Ramesh Shah |
HAVING LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLANS TAKE INTO ACCOUNT THE QUALITY OF SCHOOLS AT PROPOSED FAMILY HOUSING SITES: A PARTIAL ANSWER TO THE RESIDENTIAL SEGREGATION DILEMMA? |
39 Indiana Law Review 691 (2006) |
Is it possible that the largest federal subsidy program in the nation is being administered in such a way as to perpetuate racial and ethnic segregation in urban and suburban America? State housing agencies that administer the Low Income Housing Tax Credit (LIHTC) program, the largest federal subsidy program for constructing and rehabilitating... |
2006 |
| Stephanie M. Tabone |
HOME-SCHOOLING IN PENNSYLVANIA: A PRAYER FOR PARENTAL AUTONOMY IN EDUCATION |
21 Saint John's Journal of Legal Commentary 371 (Fall 2006) |
Home-schooling is a term used to describe education provided to children of compulsory-school age at home, usually by their parents. It is not a new phenomenon in the United States; since our nation's beginning, various factors have motivated parents to provide education to their children at home. The practice of home-schooling has faced much... |
2006 |
| Herbert R. Giorgio Jr. |
HUD'S OBLIGATION TO "AFFIRMATIVELY FURTHER" FAIR HOUSING: A CLOSER LOOK AT HOPE VI |
25 Saint Louis University Public Law Review 183 (2006) |
The Fair Housing Act of 1968 (FHA) mandates that the Department of Housing and Urban Development (HUD) must affirmatively further fair housing. While the FHA prohibits HUD from discriminating in the administration of the nation's housing, it also requires that HUD take positive action to provide for sound development of the nation's... |
2006 |
| Margaret Chon |
INTELLECTUAL PROPERTY AND THE DEVELOPMENT DIVIDE |
27 Cardozo Law Review 2821 (April, 2006) |
The ends and means of development require examination and scrutiny for a fuller understanding of the development process; it is simply not adequate to take as our basic objective just the maximization of income or wealth, which is, as Aristotle noted, merely useful and for the sake of something else. For the same reason, economic growth cannot... |
2006 |
| Michael M. Megaard and Susan L. Megaard |
IRS CLARIFIES GUIDANCE FOR EXEMPT HOUSING ORGANIZATIONS AND TAX CONSEQUENCES FOR PARTICIPANTS |
105 Journal of Taxation 98 (August, 2006) |
After a series of private rulings denying exemptions and GAO and HUD reports highlighting problems with seller-funded down payment assistance entities, a new Revenue Ruling illustrates the factors that will be crucial for housing organizations seeking to obtain or maintain tax-exempt status. In addition, the tax impact on the home buyers is... |
2006 |
| |
KEEPING CURRENT |
20-APR Probate and Property 16 (March/April, 2006) |
DEDICATION OF ROADS: Public use for over 70 years supports presumption of intent for implied dedication. In 1964, Reed bought 105 acres of land. His access was by a narrow gravel road, locally known as Tyson Road, which crossed a neighbor's parcel. In 1990, Betts bought the parcel with the road, and shortly thereafter began locking a gate and... |
2006 |
| Myron Orfield |
LAND USE AND HOUSING POLICIES TO REDUCE CONCENTRATED POVERTY AND RACIAL SEGREGATION |
33 Fordham Urban Law Journal 877 (March, 2006) |
As metropolitan areas spread over huge stretches of land, residents living at the core, particularly poor Blacks and Latinos, become increasingly isolated from the jobs and other life opportunities that are rapidly dispersing among increasingly far-flung suburbs. The concentration of existing affordable housing in central cities and older suburbs... |
2006 |
| Megan J. Ballard |
LEGAL PROTECTIONS FOR HOME DWELLERS: CAULKING THE CRACKS TO PRESERVE OCCUPANCY |
56 Syracuse Law Review 277 (2006) |
The sacred status of a home is reflected in legal norms that safeguard or promote various aspects of home ownership or occupancy, including homestead legislation, residential rent controls, constitutional privacy protections, and tax rules. Despite these significant protections, there is no explicit legal recognition of a home dweller's noneconomic... |
2006 |
| Judith E. Koons |
LOCATIONAL JUSTICE: RACE, CLASS, AND THE GRASSROOTS PROTEST OF PROPERTY TAKINGS |
46 Santa Clara Law Review 811 (2006) |
How do we keep hope alive for the kids in the projects? Justice may be found in many dimensions. One dimension is that of location. Locational justice may be defined as the where of justice: it is justice that is grounded in land, home, and community, with regional connections and local participation in government. How a society directs the use... |
2006 |
| Robert E. Pfeffer |
LOSING CONTROL: REGULATING SITUATIONAL CRIME PREVENTION IN MASS PRIVATE PROPERTY |
59 Oklahoma Law Review 759 (Winter 2006) |
Three young men enter a shopping mall. In a security office in the mall a guard monitors them via closed circuit TV. Based on their appearance, such as their ethnicity or the way they are dressed, he decides to approach them and asks for ID. They are told that if they do not produce ID, they will not be admitted. He then runs their names through... |
2006 |
| Adam Gordon |
MAKING EXCLUSIONARY ZONING REMEDIES WORK: HOW COURTS APPLYING TITLE VII STANDARDS TO FAIR HOUSING CASES HAVE MISUNDERSTOOD THE HOUSING MARKET |
24 Yale Law and Policy Review 437 (Spring 2006) |
If you people can't afford to live in our town, then you'll just have to leave. With these words, Bill Haines, the Mayor of Mount Laurel, New Jersey, in 1970, rejected a proposal by the town's African-American community to build an apartment complex. Haines claimed that the town's zoning for large-lot, single-family homes could not yield to allow... |
2006 |
| Adam M. Smith |
MAKING ITSELF AT HOME: UNDERSTANDING FOREIGN LAW IN DOMESTIC JURISPRUDENCE: THE INDIAN CASE |
24 Berkeley Journal of International Law 218 (2006) |
At first glance, it seems that few judicial debates better illustrate the uniqueness of modern American legal thinking than discussions of foreign law in domestic courts, specifically in constitutional decisions. While an accepted, encouraged, or even mandated practice in many other national jurisdictions, the mere reference to foreign or... |
2006 |
| Rebecca Porter |
MINORITIES PAY MORE FOR MORTGAGES, STUDIES FIND |
42-SEP Trial 77 (September, 2006) |
Lenders charge minority borrowers higher mortgage rates than white borrowers, even when risk factors are the same, according to studies of the latest data collected under the 1975 Home Mortgage Disclosure Act (HMDA), which requires lending institutions to report public loan information. Last year, for the first time, lenders were required to report... |
2006 |
| Marc R. Poirier |
MODIFIED PRIVATE PROPERTY: NEW JERSEY'S PUBLIC TRUST DOCTRINE, PRIVATE DEVELOPMENT AND EXCLUSION, AND SHARED PUBLIC USES OF NATURAL RESOURCES |
15 Southeastern Environmental Law Journal 71 (Fall 2006) |
I. Three Uses of the Public Trust Doctrine in New Jersey. 72 A. Denial of Permits to Use Submerged Lands and Deflection of Related Regulatory Takings Claims. 72 B. Development Exactions Related to Public Access, Based on the Public Trust Doctrine. 79 C. Private Property Owners' Right to Exclude from Beaches is Limited in Favor of Public Rights of... |
2006 |
| Sean Zielenbach |
MOVING BEYOND THE RHETORIC: SECTION 8 HOUSING CHOICE VOUCHER PROGRAM AND LOWER-INCOME URBAN NEIGHBORHOODS |
16-FALL Journal of Affordable Housing & Community Development Law 9 (Fall, 2006) |
The expansion of the federal Housing Choice Voucher Program (also known as Section 8) during the past decade has generated considerable controversy in a number of central city neighborhoods. The largest subsidized housing voucher program in the country, serving approximately two million households, Section 8 provides low-income individuals with... |
2006 |
| Sean Zielenbach |
MOVING BEYOND THE RHETORIC: SECTION 8 HOUSING CHOICE VOUCHER PROGRAM AND LOWER-INCOME URBAN NEIGHBORHOODS |
16-FALL Journal of Affordable Housing & Community Development Law 9 (Fall, 2006) |
The expansion of the federal Housing Choice Voucher Program (also known as Section 8) during the past decade has generated considerable controversy in a number of central city neighborhoods. The largest subsidized housing voucher program in the country, serving approximately two million households, Section 8 provides low-income individuals with... |
2006 |