Author | Title | Citation | Summary | Year |
Madeline Howard |
SUBSIDIZED HOUSING POLICY: DEFINING THE FAMILY |
22 Berkeley Journal of Gender, Law & Justice 97 (2007) |
Since the Great Depression, the federal government has provided housing for families who are unable to afford market rent. Government-subsidized housing was originally intended to serve traditionally structured families, with a working husband and a wife who labored in the home caring for children. Government housing policies have become more... |
2007 |
Brian Patrick Larkin |
THE FORTY-YEAR "FIRST STEP": THE FAIR HOUSING ACT AS AN INCOMPLETE TOOL FOR SUBURBAN INTEGRATION |
107 Columbia Law Review 1617 (November, 2007) |
The Fair Housing Act serves as the primary federal statute prohibiting housing discrimination on the basis of race. The legislators who passed the Act in 1968 were motivated in part by desires to quell urban unrest, and to provide middle-class African Americans with the freedom to live within majority-white suburban neighborhoods. The Act, through... |
2007 |
Carol Necole Brown , Serena M. Williams |
THE HOUSES THAT EMINENT DOMAIN AND HOUSING TAX CREDITS BUILT: IMAGINING A BETTER NEW ORLEANS |
16-SUM Journal of Affordable Housing & Community Development Law 377 (Summer, 2007) |
Throughout its history, New Orleans has been largely immune to brilliant and innovative ideas. Indeed, this is one of its principal charms. If you are not a native New Orleanian, ask yourself why you decided to live here and chances are it has something to do with what Ignatius J. Reilly described as New Orleans' stagnation and apathy which I find... |
2007 |
Carol Necole Brown , Serena M. Williams |
THE HOUSES THAT EMINENT DOMAIN AND HOUSING TAX CREDITS BUILT: IMAGINING A BETTER NEW ORLEANS |
34 Fordham Urban Law Journal 689 (March, 2007) |
Throughout its history, New Orleans has been largely immune to brilliant and innovative ideas. Indeed, this is one of its principal charms. If you are not a native New Orleanian, ask yourself why you decided to live here and chances are it has something to do with what Ignatius J. Reilly described as New Orleans' stagnation and apathy which I find... |
2007 |
Will Lovell |
THE KELO BLOWBACK: HOW THE NEWLY-ENACTED EMINENT DOMAIN STATUTES AND PAST BLIGHT STATUTES ARE A MAGINOT LINE-DEFENSE MECHANISM FOR ALL NON-AFFLUENT AND MINORITY PROPERTY OWNERS |
68 Ohio State Law Journal 609 (2007) |
Government is instituted to protect property. . . . This being the end of government. ~James Madison The states' reactions to Kelo v. City of New London served as a fierce rebuke of the Supreme Court's broad interpretation of the Fifth Amendment's public use clause. States quickly passed laws and moratoria barring any governmental takings of... |
2007 |
Carol M. Rose |
THE MORAL SUBJECT OF PROPERTY |
48 William and Mary Law Review 1897 (April, 2007) |
I ain't the woman in red, I ain't the girl next door But if somewhere in the middle's what you're lookin' for I'm that kind of girl .... Matraca Berg/Ronnie Samoset, I'm That Kind of Girl, sung by Patty Loveless on On Down the Line (MCA Records 1990). Utopians do not like private property. In one of the most notorious incidents of the Reformation... |
2007 |
Stacy E. Seicshnaydre |
THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME: IN SEARCH OF A JUST PUBLIC HOUSING POLICY POST-KATRINA |
81 Tulane Law Review 1263 (March, 2007) |
It is tempting to view Hurricane Katrina as the singular force behind the current affordable housing crisis in the greater New Orleans area. But other enduring forces are at work. Much like in the early days of affordable housing development, we confront a false dichotomy that would have us choose between affordable housing supplied on a segregated... |
2007 |
Rebecca M. Bratspies |
THE NEW DISCOVERY DOCTRINE: SOME THOUGHTS ON PROPERTY RIGHTS AND TRADITIONAL KNOWLEDGE |
31 American Indian Law Review 315 (2006-2007) |
The recent commercial success of products developed with resort to the knowledge of traditional cultures, such as hoodia, has convinced many that biological resources, particularly when accompanied by traditional knowledge about how to exploit these resources, will be a new gold mine in the twenty-first century. Like all gold rushes, the scramble... |
2007 |
C. Barrett Pasquini |
THE TAX CONSEQUENCES OF THE STATUTORY RIGHT OF REDEMPTION IN PROPERTY FORECLOSURES |
48 William and Mary Law Review 1497 (March, 2007) |
In November of 2001, the National Bureau of Economic Research officially declared the U.S. economy in recession. To counter this lull and restore strength to a struggling economy, the Federal Reserve began a series of interest rate reductions that would lead to the lowest mortgage lending rates in forty years. Almost immediately, the housing market... |
2007 |
Gina Kline |
THOMPSON V. HUD: GROUNDBREAKING HOUSING DESEGREGATION LITIGATION, AND THE SIGNIFICANT TASK AHEAD OF ACHIEVING AN EFFECTIVE DESEGREGATION REMEDY WITHOUT ENGENDERING NEW SOCIAL HARMS |
7 University of Maryland Law Journal of Race, Religion, Gender and Class 172 (Spring 2007) |
Baltimore City should not be viewed as an island reservation for use as a container for all of the poor of a contiguous region. . . . -Judge Marvin J. Garbis, United States District Judge Housing desegregation litigation in the United States is currently marked by a tension between the state's interest in reversing the effects of intentional... |
2007 |
Laurence R. Helfer |
TOWARD A HUMAN RIGHTS FRAMEWORK FOR INTELLECTUAL PROPERTY |
40 U.C. Davis Law Review 971 (March, 2007) |
Introduction. 973 I. The Textual and Historical Foundations of a Human Rights Framework for Intellectual Property. 978 II. Initial Contestations over Human Rights and Intellectual Property. 982 A. The Rights of Indigenous Peoples and Traditional Knowledge. 982 B. The TRIPS Agreement, TRIPS-Plus Treaties, and Human Rights. 984 III. Mediating... |
2007 |
Peter W. Salsich, Jr. |
TOWARD A POLICY OF HETEROGENEITY: OVERCOMING A LONG HISTORY OF SOCIOECONOMIC SEGREGATION IN HOUSING |
42 Wake Forest Law Review 459 (Summer 2007) |
Imagine that you are pro bono counsel to a neighborhood church organization or a community development corporation located in a middle class neighborhood. The neighborhood may be located in a central city, an inner ring suburb, or a small town being transformed into an edge city. Your organization has several proposals on tonight's meeting... |
2007 |
Major John C. Johnson |
UNDER NEW MANAGEMENT: THE OBLIGATION TO PROTECT CULTURAL PROPERTY DURING MILITARY OCCUPATION |
190/191 Military Law Review 111 (Winter, 2006/Spring, 2007) |
Works of art and sculpture, artifacts, great monuments and temples have been prized throughout history as being of significant importance. This has been so, not only because of their aesthetic worth, but also because they represent the talent and endurance of man and the history of diverse civilizations. The contributions made to this universal... |
2007 |
Elizabeth M. Whitehorn |
UNLAWFUL EVICTIONS OF FEMALE VICTIMS OF DOMESTIC VIOLENCE: EXTENDING TITLE VII'S SEX STEREOTYPING THEORIES TO THE FAIR HOUSING ACT |
101 Northwestern University Law Review 1419 (Spring 2007) |
Introduction. 1419 I. Discriminatory Sex Stereotyping Under Title VII. 1428 A. Expectation Stereotyping. 1429 B. Non-conformist Stereotyping. 1430 II. Landlords' Use of One-Strike Policies to Evict Female Victims of Domestic Violence. 1434 A. The Origin of One-Strike Policies. 1434 B. One-Strike Policies Applied to Female Victims of Domestic... |
2007 |
Nicholas P. Devereux |
WAKE OF THE FLOOD: EXAMINING THE DISSIPATION OF PROPERTY RIGHTS THROUGH A MODEL OF POST-KATRINA NEW ORLEANS |
13 Washington and Lee Journal of Civil Rights and Social Justice 389 (Spring, 2007) |
The rebuilding process in the Gulf Coast is now in full swing, bringing hope to many for a return to normalcy in the not-so-distant future. The opportunities for abuse of the rank-and-file New Orleanian, however, are ubiquitous. The enormous disaster that Hurricane Katrina provoked occurred at a time when the gap between rich and poor in this... |
2007 |
Ann K. Pikus |
WANTED: AFFORDABLE RENTAL HOUSING IN WISCONSIN |
2007 Wisconsin Law Review 201 (2007) |
I. Introduction. 202 II. The Demand for Affordable Rental Housing in Wisconsin. 204 A. Snapshot of Wisconsin-Renter Characteristics. 205 1. Household Structure. 205 2. Rental Housing Cost. 206 3. Income. 206 B. Federal Efforts to Subsidize Housing Costs. 209 1. Public-Housing Projects. 209 2. Housing Choice Vouchers. 210 III. Threats to Wisconsin's... |
2007 |
Gretchen M. Widmer |
WE CAN WORK IT OUT: REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS UNDER THE FAIR HOUSING AMENDMENTS ACT |
2007 University of Illinois Law Review 761 (2007) |
The Fair Housing Amendments Act (FHAA) promotes equal use and enjoyment of housing by prohibiting discrimination against, and requiring reasonable accommodations for, tenants with disabilities. However, it is unclear what exactly is required of the landlord and tenant to fulfill the FHAA's reasonable accommodation requirement. A minority of courts... |
2007 |
Yoonjo J. Lee |
WHITE PRIVILEGE OR BLESSING?: STANDING TO SUE AS NON-TARGETED BYSTANDERS OF RACIAL DISCRIMINATION IN HOUSING AND EMPLOYMENT |
28 Hamline Journal of Public Law and Policy 557 (Spring 2007) |
As elite judges summarily determine which interests are worthy of legal cognizance, they unsurprisingly embrace concerns that strike closest to home, sustaining harms that mirror the experiences and predilections of their own lives. In the early 1920's, in a forgotten portion of New York City, Paul was born to Italian immigrants. During that time... |
2007 |
Jane B. Baron |
WINDING TOWARD THE HEART OF THE TAKINGS MUDDLE: KELO, LINGLE, AND PUBLIC DISCOURSE ABOUT PRIVATE PROPERTY |
34 Fordham Urban Law Journal 613 (March, 2007) |
People care about property. In 2005, the United States Supreme Court decided two cases with deep connections to that concern, both brought by property owners challenging the government's power under the Takings Clause to take title to, or significantly affect the value of, their property. In both cases, the Court rejected the property owners'... |
2007 |
Katharine B. Silbaugh |
WOMEN'S PLACE: URBAN PLANNING, HOUSING DESIGN, AND WORK-FAMILY BALANCE |
76 Fordham Law Review 1797 (December, 2007) |
In the past decade a substantial literature has emerged analyzing the role of work-family conflict in hampering women's economic, social, and civil equality. Many of the issues we routinely discuss as work-family balance problems have distinct spatial dimensions. Place is by no means the main factor in work-family balance difficulties, but... |
2007 |
Nadine Strossen |
"IS MINNESOTA PROGRESSIVE?" A FOCUS ON SEXUALLY ORIENTED EXPRESSION |
33 William Mitchell Law Review 51 (2006) |
I. Introduction and Overview. 54 A. Inherent Subjectivity in Defining Progressive, Including in This Context. 54 B. Overview of Minnesota's Measures Censoring Sexual Expression During the Past Quarter-Century. 56 C. Outline of the Remainder of the Article. 58 II. Censorship of Sexual Expression is Regressive, Not Progressive. 59 A. Freedom of... |
2006 |
Deborah J. La Fetra |
A MOVING TARGET: PROPERTY OWNERS' DUTY TO PREVENT CRIMINAL ACTS ON THE PREMISES |
28 Whittier Law Review 409 (Fall 2006) |
The basic scenario for cases involving property owner responsibility for criminal acts that occur on the premises is this: A business invites members of the public to come onto its property. Jane Doe, a member of the public, legitimately enters the property. For jurisdictions that keep track of such designations, she would be an invitee. While on... |
2006 |
Shelley Ross Saxer |
A PROPERTY RIGHTS VIEW: COMMENTARY ON PROPERTY AND SPEECH BY ROBERT A. SEDLER |
21 Washington University Journal of Law and Policy 155 (2006) |
The First Amendment protects an individual's rights to free expression and religion. Professor Sedler analyzes the impact of this protection on property rights by explaining how the First Amendment can be used as a sword against property owners who seek to exclude free expression with claims of private ownership rights, and as a shield against... |
2006 |
Ann B. Lever, Todd Espinosa |
A TALE OF TWO FAIR HOUSING DISPARATE-IMPACT CASES |
15-SPG Journal of Affordable Housing & Community Development Law 257 (Spring, 2006) |
In August 2005, the U.S. Court of Appeals for the Eighth Circuit handed down two Fair Housing Act disparate-impact decisionsDarst-Webbe Tenant Ass'n Board v. St. Louis Housing Authority and Charleston Housing Authority v. USDA. In both cases, low-income tenants and a fair housing organization challenged plans by local housing authorities to... |
2006 |
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 |