| Author | Title | Citation | Summary | Year |
| Martha Marie Eastman |
ENSURE JUSTICE IN NURSING HOME CASES |
41-OCT Trial 62 (October, 2005) |
Cases of nursing home abuse abound, and juries often hold these facilities and their parent corporations accountable. Earlier this year, a North Carolina jury ordered a nursing home to pay compensatory damages for the death of an Alzheimer's patient who had been trapped in a freezer. In 2004, a Mississippi jury told a nursing home to pay... |
2005 |
| Stephanie Edelstein |
FAIR HOUSING PROTECTIONS FOR FRAIL SENIORS |
38-AUG Maryland Bar Journal 12 (July/August, 2005) |
James Lee, 68, lives on the first floor of an older garden apartment. He broke his hip recently and now spends much of his time in a wheelchair, which he is having difficulty maneuvering around the apartment. Mr. Lee hears from a friend that the landlord is supposed to modify the apartment to make it accessible, but when he inquires, his landlord... |
2005 |
| Eamonn K. Bakewell |
FORECLOSURE OF A DREAM: THE IMPACT OF THE COUNCIL ON AFFORDABLE HOUSING'S NEW REGULATIONS ON THE CONSTITUTIONAL DUTY TO PROVIDE AFFORDABLE HOUSING IN NEW JERSEY |
2 Rutgers Journal of Law & Urban Policy 310 (2005) |
Zoning laws can be used to unjustly restrict the poor from moving into adequate housing surrounded by adequate space. This note considers the tension between the constitutional duty in New Jersey requiring municipalities to provide low income housing and the means actually used by those municipalities to provide such housing. The New Jersey Supreme... |
2005 |
| Mayra Gómez, Bret Thiele |
HOUSING RIGHTS ARE HUMAN RIGHTS |
32-SUM Human Rights 2 (Summer, 2005) |
The wealthiest country in the world--the United States of America--is home to millions of people who lack adequate housing. Beyond the epidemic of homelessness, which affects an estimated 3.5 million Americans, some 1.35 million of whom are children, millions more live in poor housing conditions that often rival those found in developing countries.... |
2005 |
| Dr. Padraic Kenna |
HOUSING RIGHTS-THE NEW BENCHMARKS FOR HOUSING POLICY IN EUROPE? |
37 Urban Lawyer 87 (Winter, 2005) |
Rights to housing are regularly proposed as the solution to poor housing and homelessness by advocates and campaigning organizations. This approach is viewed as having the critical international acclaim and legal clarity to cut through the Gordian knots of political wrangling, resource deficiencies, programmatic and policy conflicts, and... |
2005 |
| Alfred L. Brophy |
INTEGRATING SPACES: NEW PERSPECTIVES ON RACE IN THE PROPERTY CURRICULUM |
55 Journal of Legal Education 319 (September, 2005) |
Many property classes begin with a statement from William Blackstone about the seemingly absolute rights associated with property: This is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man exercises over the external things of the... |
2005 |
| Kitty Rogers |
INTEGRATING THE CITY OF THE DEAD: THE INTEGRATION OF CEMETERIES AND THE EVOLUTION OF PROPERTY LAW, 1900-1969 |
56 Alabama Law Review 1153 (Summer, 2005) |
On July 3, 1969, an African-American soldier named Bill Terry, Jr., died in Vietnam. Like generations of African-American soldiers before him, stretching back to the American Revolution, Terry died fighting for his country. Because of his honorable Army record, Terry was given the traditional military escort back to his home in Birmingham, Alabama,... |
2005 |
| Carla Dorsey |
IT TAKES A VILLAGE: WHY COMMUNITY ORGANIZING IS MORE EFFECTIVE THAN LITIGATION ALONE AT ENDING DISCRIMINATORY HOUSING CODE ENFORCEMENT |
12 Georgetown Journal on Poverty Law and Policy 437 (Fall, 2005) |
Gentrification: though it is difficult to define this much-maligned and much-celebrated process of neighborhood renewal, it almost always involves the displacement of earlier, usually poorer, residents. To be fair, gentrification certainly has its benefits, particularly in cities such as Detroit, Michigan, where little resident displacement has... |
2005 |
| Florence Wagman Roisman |
KEEPING THE PROMISE: ENDING RACIAL DISCRIMINATION AND SEGREGATION IN FEDERALLY FINANCED HOUSING |
48 Howard Law Journal 913 (Spring 2005) |
This Article considers a paradox: although Title VI of the 1964 Civil Rights Act and related legal standards prohibit racial discrimination in federally assisted housing programs, pervasive racial discrimination and segregation still characterize those programs in 2005. Part I shows the establishment of strong legal standards, and Part II... |
2005 |
| Arthur M. Wolfson |
LOST IN THE RUBBLE: HOW THE DESTRUCTION OF PUBLIC HOUSING FAILS TO ACCOUNT FOR THE LOSS OF COMMUNITY |
9 Chapman Law Review 51 (Fall, 2005) |
Verna Berryman left her home in Chicago's Cabrini-Green public housing complex in 1998. Her building was demolished as part of a celebrated plan to move the city's public housing residents to private housing. Armed with a voucher to cap her rent, Berryman and her son spent the next four years in four different apartments, encountering arson,... |
2005 |
| Robert C. Christopherson |
MISSING THE FOREST FOR THE TREES: THE ILLUSORY HALF-POLICY OF SENIOR CITIZEN PROPERTY TAX RELIEF |
13 Elder Law Journal 195 (2005) |
Senior citizen tax relief programs are often hailed by politicians as a solution to the economic woes faced by many elderly homeowners. But the reality behind the political spin suggests that these programs are imperfect in both their conception and execution. In this note, Mr. Christopherson examines the demand that has yielded these programs and... |
2005 |
| Florence Wagman Roisman |
NATIONAL INGRATITUDE: THE EGREGIOUS DEFICIENCIES OF THE UNITED STATES' HOUSING PROGRAMS FOR VETERANS AND THE "PUBLIC SCANDAL" OF VETERANS' HOMELESSNESS |
38 Indiana Law Review 103 (2005) |
The government should provide against the possibility that any [person] . . . who honorably wore the Federal uniform shall become the inmate of an almshouse, or dependent upon private charity. . . . [I]t would be a public scandal to do less for those whose valorous service preserved the government. I have the obligation as the commander in... |
2005 |
| Corinne A. Carey |
NO SECOND CHANCE: PEOPLE WITH CRIMINAL RECORDS DENIED ACCESS TO PUBLIC HOUSING |
36 University of Toledo Law Review 545 (Spring 2005) |
You deserve a chance, no matter what you did.... It's done and over with, it's in the past. I'm tryin' to do the right thing; I deserve a chance. Even if I was the worst criminal, I deserve a chance. Everybody deserves a chance. -- P.C., a forty-one-year-old African American mother denied housing because of a single arrest four years prior to her... |
2005 |
| Abraham Bell, Gideon Parchomovsky |
OF PROPERTY AND FEDERALISM |
115 Yale Law Journal 72 (October 1, 2005) |
ABSTRACT. This Essay proposes a mechanism for expanding competition in state property law, while sketching out the limitations necessary to protect third parties. The fact that property law is produced by the states creates a unique opportunity for experimentation with such property and property-related topics as same-sex marriages, community... |
2005 |
| Peter Judson Richards |
PROPERTY AND EPIKEIA: THEORY, LIFE AND PRACTICE IN THE WESTERN CHRISTIAN TRADITION |
82 University of Detroit Mercy Law Review 599 (Summer 2005) |
[E]very feature of modern disintegration is a flight [from the center of things] toward periphery. It is expressible, also, as a movement from unity to individualism. In proportion as man approaches the outer rim, he becomes lost in details, and the more he is preoccupied with details, the less he can understand them. Exploration of the sources of... |
2005 |
| Eduardo M. Peñalver |
PROPERTY AS ENTRANCE |
91 Virginia Law Review 1889 (December, 2005) |
Introduction. 1890 I. Property as Exit. 1895 A. Strong and Weak Exit. 1895 B. Freedom as the Absence of Coercion. 1896 C. The Individual as Self-Sufficient. 1898 D. Community as Voluntary. 1900 E. Doctrinal Influence of Property as Exit. 1902 1. The Right to Exclude. 1902 2. Takings Law. 1905 II. Two Critiques of Property as Exit. 1907 A. The... |
2005 |
| Alice M. Noble-Allgire |
PROPERTY SCHOLARS TAKE UP EMINENT DOMAIN |
19-APR Probate and Property 11 (March/April, 2005) |
In Poletown Neighborhood Council v. City of Detroit, 304 N.W.2d 455 (Mich. 1981), the Supreme Court of Michigan sparked a national debate on the breadth of the government's power to condemn private property for a public use. In an abrupt about-face, however, the court recently overruled Poletown, adopting a much more restrictive view of the... |
2005 |
| Philip Tegeler |
RACE AND HOUSING RIGHTS IN THE UNITED STATES: THE VIEW FROM BALTIMORE |
32-SUM Human Rights 4 (Summer, 2005) |
The debate over the right to housing in the United States remains inseparable from our conflicts over the role of race in shaping metropolitan areas. Almost forty years ago, in March 1968, the Kerner Commission identified the ghetto as a driving force in American racial inequality, separating low-income families of color from the mainstream of... |
2005 |
| Myron Orfield |
RACIAL INTEGRATION AND COMMUNITY REVITALIZATION: APPLYING THE FAIR HOUSING ACT TO THE LOW INCOME HOUSING TAX CREDIT |
58 Vanderbilt Law Review 1747 (November 1, 2005) |
I. Introduction. 1749 II. The Regional Problem of Segregation and Concentrated Poverty. 1754 A. Housing Discrimination and Concentrated Poverty. 1754 B. Resegregation and Racial Change. 1757 C. Harms of Residential Segregation and Concentrated Poverty. 1759 D. Benefits of Racial and Socioeconomic Integration. 1761 III. History and Interpretation of... |
2005 |
| Nicole F. Munro, Jean L. Noonan, R. Elizabeth Topoluk |
RECENT DEVELOPMENTS IN FAIR LENDING AND THE ECOA: A LOOK AT HOUSING FINANCE AND MOTOR VEHICLE DEALER PARTICIPATION |
60 Business Lawyer 627 (February, 2005) |
First enacted in 1974 to outlaw credit discrimination based on sex and marital status, the Equal Credit Opportunity Act (ECOA) has evolved into a complex statute and regulation imposing numerous responsibilities on creditors. At its heart, the ECOA is a civil rights statute. Primarily, it prohibits discrimination by creditors against credit... |
2005 |
| Professor Otto J. Hetzel |
REMEDIATION TECHNIQUES FOR RACIAL HOUSING DISCRIMINATION--AN INTRODUCTION TO THE SYMPOSIUM |
51 Wayne Law Review 1461 (Winter 2005) |
In March 2005, Wayne State University Law School sponsored a symposium on the topic of remediation efforts to ameliorate the effects of housing discrimination. A number of presentations were provided and several resulted in the papers included in this symposium issue. The symposium initially focused on four recent matters involving instances of... |
2005 |
| Will Parker |
STILL AFRAID OF "NEGRO DOMINATION?": WHY COUNTY HOME RULE LIMITATIONS IN THE ALABAMA CONSTITUTION OF 1901 ARE UNCONSTITUTIONAL |
57 Alabama Law Review 545 (Winter 2005) |
I. Constitutional Obstacles to Home Rule for Counties. 547 A. Dillon's Rule. 548 B. Provisions in the Alabama Constitution of 1901. 549 II. Equal Protection Clause Challenges to Facially Race-Neutral Statutes. 551 III. The Racial Aspect of Home Rule. 554 A. The 1875 Convention and Constitution. 554 B. The Interim Years, 1875-1901. 556 C. The 1901... |
2005 |
| Michael P. Seng |
THE FAIR HOUSING ACT AND RELIGIOUS FREEDOM |
11 Texas Journal on Civil Liberties & Civil Rights 1 (Fall 2005) |
Whenever a state or federal law touches upon the subject of religion there is the possibility of conflict with the First Amendment. The First Amendment to the United States Constitution prohibits the government from establishing religion and from interfering with the free exercise of religion. Both the Fair Housing Act and the 1996 Welfare Reform... |
2005 |
| Joseph M. Kolar , Jonathan D. Jerison |
THE HOME MORTGAGE DISCLOSURE ACT: ITS HISTORY, EVOLUTION, AND LIMITATIONS |
59 Consumer Finance Law Quarterly Report 189 (Fall, 2005) |
This article analyzes the history and effects of the Home Mortgage Disclosure Act (HMDA). It focuses on the general purposes of HMDA and the evolution and expansion of those purposes over time. Finally, it discusses the limitations of the HMDA data in determining whether discrimination has occurred. The history of HMDA since it was enacted in 1975... |
2005 |
| Frank S. Alexander |
THE HOUSING OF AMERICA'S FAMILIES: CONTROL, EXCLUSION, AND PRIVILEGE |
54 Emory Law Journal 1231 (Summer 2005) |
In recent years, and especially in the latest round of state, local, and national political campaigns, three topics seem to be at the top of our cultural agenda: families, housing, and religion. Families are a consistent topic of conversation: the advancement of family values, the preservation of the autonomy and sanctity of the family, and the... |
2005 |
| Jim Fuerst, Jane Sims |
THE MISGUIDED EFFORT TO "REFORM" PUBLIC HOUSING IN AMERICA |
14-SUM Journal of Affordable Housing & Community Development Law 285 (Summer, 2005) |
Many have unfairly put the label failure on America's public housing program without understanding its past or its possibilities. Cities across the country, from Baltimore to San Francisco and from Chicago to New Orleans, are tearing down public housing at an astonishing rate. Yet a look at the successes of places like New York City, London, and... |
2005 |
| Rosanne Altshuler , Harry Grubert |
THE THREE PARTIES IN THE RACE TO THE BOTTOM: HOST GOVERNMENTS, HOME GOVERNMENTS AND MULTINATIONAL COMPANIES |
7 Florida Tax Review 153 (2005) |
Most studies of tax competition and the race to the bottom focus on potential host countries competing for mobile capital, neglecting the role of corporate tax planning and of home governments that facilitate this planning. This neglect in part reflects the narrow view frequently taken of the policy instruments that countries have available in tax... |
2005 |
| Tim Grasser |
TITLE V OF THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT: LOCAL COMMUNITIES OFTEN BLINDED BY THE RIGHT |
83 Washington University Law Quarterly 1905 (2005) |
Over the course of a year, approximately 3.5 million people, 1.35 million of them children, are likely to experience homelessness across the United States. After staying on the sidelines for years, the federal government finally took legislative action and laid the foundation for eradicating and ameliorating the effects of the crisis of... |
2005 |
| John A. Lynch, Jr. |
TRAVEL EXPENSE DEDUCTIONS UNDER I.R.C. § 162(A)(2)--WHAT PART OF "HOME" DON'T YOU UNDERSTAND? |
57 Baylor Law Review 705 (Fall 2005) |
I. Introduction--The Problem. 706 II. Development of the Tax Home Concept. 711 A. The 1921 Statute. 711 B. Early Judicial Construction of the Travel Expense Deduction Provision. 713 C. The Supreme Court Steps Around the Fray. 726 D. IRS Rulings and Lower Court Decisions Embracing the Tax Home Doctrine. 742 III. Applications of the Tax Home... |
2005 |
| Henry Korman |
UNDERWRITING FOR FAIR HOUSING? ACHIEVING CIVIL RIGHTS GOALS IN AFFORDABLE HOUSING PROGRAMS |
14-SUM Journal of Affordable Housing & Community Development Law 292 (Summer, 2005) |
For more than thirty-five years, all public housing development in Chicago has been subject to the oversight of a federal district court in order to enforce a consent decree designed to reverse intentionally perpetuated racial segregation in public housing authority (PHA) tenant assignment and siting policies. In decisions spanning 2003, 2004,... |
2005 |
| Angela Onwuachi-Willig |
USING THE MASTER'S "TOOL" TO DISMANTLE HIS HOUSE: WHY JUSTICE CLARENCE THOMAS MAKES THE CASE FOR AFFIRMATIVE ACTION |
47 Arizona Law Review 113 (Spring 2005) |
Justice Clarence Thomas, the second black man to sit on the Supreme Court, is famous, or rather infamous, for his opposition to affirmative action. His strongest critics condemn him for attacking the very preferences that helped him reach the Supreme Court. None, however, have considered how Thomas's life itself may be used as a justification for... |
2005 |
| Eric K. Yamamoto |
WHITE (HOUSE) LIES: WHY THE PUBLIC MUST COMPEL THE COURTS TO HOLD THE PRESIDENT ACCOUNTABLE FOR NATIONAL SECURITY ABUSES |
68-SPG Law and Contemporary Problems 285 (Spring 2005) |
History teaches us how easily the spectre of a threat to national security may be used to justify a wide variety of repressive government actions. A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise... |
2005 |
| Dana V. Kaplan |
WOMEN OF THE WEST: THE EVOLUTION OF MARITAL PROPERTY LAWS IN THE SOUTHWESTERN UNITED STATES AND THEIR EFFECT ON MEXICAN-AMERICAN WOMEN |
26 Women's Rights Law Reporter 139 (Spring-Summer 2005) |
Colonialism and conquest are inevitably tied to clashes of culture and law. It was no different when the United States defeated Mexico in 1848 and captured what has become the American Southwest. The role women played in this clash of societies must be considered in the context of the swiftly changing legal status of women in the eastern United... |
2005 |
| James Boyle |
A MANIFESTO ON WIPO AND THE FUTURE OF INTELLECTUAL PROPERTY |
2004 Duke Law & Technology Review 9 (September 8, 2004) |
In this Manifesto, Professor Boyle claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them. Intellectual property laws are the legal sinews of the information age; they affect everything from the availability and price of AIDS drugs, to the patterns of... |
2004 |
| Beverly Balos |
A MAN'S HOME IS HIS CASTLE: HOW THE LAW SHELTERS DOMESTIC VIOLENCE AND SEXUAL HARASSMENT |
23 Saint Louis University Public Law Review 77 (2004) |
Violence against women is a pervasive problem in the United States. Historically, however, society did not take violence against women seriously. The law trivialized the abusive behaviors that led to harm against women. For example, until relatively recently there was not a legally recognized term for what is now labeled sexual harassment. It is... |
2004 |
| Laurie R. Kaufman |
A MATTER OF ENFORCEMENT: THE FIFTH CIRCUIT CONSIDERS THE ISSUANCE OF PUNITIVE DAMAGES UNDER THE FAIR HOUSING ACT IN LINCOLN V. CASE |
78 Tulane Law Review 1377 (March, 2004) |
Lisa Lincoln and Don Weaver, a biracial couple, sought to rent a new apartment in New Orleans, Louisiana, in November 1999. The couple responded to a newspaper advertisement in the New Orleans Times-Picayune. Walter Case, the owner and landlord of a fourplex, had placed the advertisement and invited potential tenants to see the property on November... |
2004 |
| Amy Leigh Wilson |
A UNIFYING ANTHEM OR PATH TO DEGRADATION?: THE JAZZ INFLUENCE IN AMERICAN PROPERTY LAW |
55 Alabama Law Review 425 (Winter, 2004) |
Jazz in early twentieth century America provides a crystallized image of the turmoil, rebellion, search for identity, and countervailing efforts to maintain traditional values that defined this period. In studying the origins and spread of jazz music, one comes to understand the African American fight for equality, the search of American youth for... |
2004 |
| John J. Delaney, AICP |
ADDRESSING THE WORKFORCE HOUSING CRISIS IN MARYLAND AND THROUGHOUT THE NATION: FUTURE HOUSING SUPPLY AND DEMAND ANALYSIS FOR THE GREATER WASHINGTON AREA |
33 University of Baltimore Law Review 153 (Spring 2004) |
I. Introduction. 155 II. Maryland's Affordable Housing Crisis. 157 III. The George Mason University Analysis. 160 IV. Maryland's Housing Crisis Is Statewide. 162 A. Anne Arundel County. 163 B. Baltimore County. 163 C. Carroll County. 163 D. Cecil and Talbot Counties. 164 E. Frederick County. 164 F. Harford County. 165 G. Howard County. 165 H.... |
2004 |
| Joseph C. Fetterman |
AFFIRMATIVE ACTION HIRING OBLIGATIONS: IS IT TIME FOR A RACE-NEUTRAL POLICY OR A RACE TO THE COURT HOUSE? |
33 Public Contract Law Journal 781 (Summer, 2004) |
I. L2-5,T5Introduction 782 II. L2-5,T5Discussion of Adarand 785 A. L3-5,T5Facts 785 B. L3-5,T5Supreme Court's Ruling 786 III. L2-5,T5Extension of Adarand in Lower Federal Courts to All Government Racially Based Programs and Decisions 787 A. L3-5,T5Significant Cases Post-Adarand 787 1. L4-5,T5Higher Education 787. 2. L4-5,T5Military Personnel 789.... |
2004 |
| Sagit Leviner |
AFFORDABLE HOUSING AND THE ROLE OF THE LOW INCOME HOUSING TAX CREDIT PROGRAM: A CONTEMPORARY ASSESSMENT |
57 Tax Lawyer 869 (Summer, 2004) |
A home is certainly more than a shelter. A home is the nexus of an individual and his family's life. It is the haven from which one goes forth to seek his fortune and to which he retreats from daily strife. Good housing is not a guarantor of good citizenship, success in life, or economic achievement. Yet good housing has valuable social and... |
2004 |
| |
AFFORDABLE HOUSING MAY FULFILL THE PROMISE OF BROWN v. BOARD OF EDUCATION |
13-SUM Journal of Affordable Housing & Community Development Law 427 (Summer, 2004) |
Half a century after the landmark Brown v. Board of Education of Topeka, the problem of segregation in many public school systems has become even more intractable than it was thirty years ago. That's according to Wade Henderson, keynote speaker at the Forum's 13th Annual Conference on Housing and Community Development Law, held May 20-21, 2004, in... |
2004 |
| Lauren Breen, Louise Howells, Susan R. Jones, Deborah S. Kenn |
AN ANNOTATED BIBLIOGRAPHY OF AFFORDABLE HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT LAW |
13-SPG Journal of Affordable Housing & Community Development Law 334 (Spring, 2004) |
In 1998, Professors Susan Jones and Deborah Kenn co-authored the first annotated bibliography for the Journal of Affordable Housing and Community Development Law. All four authors of this new bibliography are legal educators and have been recent co-chairs of the Legal Educators' Practice Division of the ABA Forum on Affordable Housing and Community... |
2004 |
| Lee Harris |
'ASSESSING' DISCRIMINATION: THE INFLUENCE OF RACE IN RESIDENTIAL PROPERTY TAX ASSESSMENTS |
20 Journal of Land Use & Environmental Law 1 (Fall, 2004) |
C1-3Table of Contents I. Introduction. 2 II. Methodology. 5 A. Method. 6 B. Data Source. 10 III. Findings. 12 A. General Evidence of Racial Disparity in Property Tax Assessments. 13 B. Residential Type. 17 C. Tenure. 20 D. Sales Price. 23 E. Assessments. 28 F. Regression Analysis. 30 G. Potential Criticisms. 32 IV. Probable Explanations. 33 A.... |
2004 |
| Barbara L. Bernier |
ASSIMILATION OR LIBERATION: POST-MODERN AMERICAN WOMEN - SPEECH AND PROPERTY LAW |
9 Roger Williams University Law Review 521 (Spring 2004) |
what men dub tattle gossip women's talk is really revolutionary activity and would be taken seriously by men (and many women too) if men were doing the talking women's talk is women together probing the privatized pain isolation exclusion trivialization if situations were reversed men would react with identical symptoms to what women feel in their... |
2004 |
| Wade Henderson, Judith A. Browne |
BUILDING HOUSING AND COMMUNITIES FIFTY YEARS AFTER BROWN v. BOARD OF EDUCATION |
13-SUM Journal of Affordable Housing & Community Development Law 437 (Summer, 2004) |
Recently I was in Topeka, Kansas, to mark the fiftieth anniversary of Brown v. Board of Education. It was a day for this country to celebrate, reflect, and recommit itself to the promise of Brown, a decision that was clearly a watershed event in American history. For decades prior to the U.S. Supreme Court's decision in that case, this country had... |
2004 |
| Michael A. Carrier |
CABINING INTELLECTUAL PROPERTY THROUGH A PROPERTY PARADIGM |
54 Duke Law Journal 1 (October, 2004) |
One of the most revolutionary legal changes in the past generation has been the propertization of intellectual property (IP). The duration and scope of rights expand without limit, and courts and companies treat IP as absolute property, bereft of any restraints. But astonishingly, scholars have not yet recognized that propertization also can lead... |
2004 |
| Tim Iglesias |
CLARIFYING THE FEDERAL FAIR HOUSING ACT'S EXEMPTION FOR REASONABLE OCCUPANCY RESTRICTIONS |
31 Fordham Urban Law Journal 1211 (October, 2004) |
This article argues that a deceptively simple exemption to the 1988 Fair Housing Act Amendments (FHAA) for reasonable governmental occupancy standards has been misinterpreted by numerous courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights. This misinterpretation undercuts the protection from... |
2004 |
| Thomas A. Brown |
DEMOCRATIZING THE AMERICAN DREAM: THE ROLE OF A REGIONAL HOUSING LEGISLATURE IN THE PRODUCTION OF AFFORDABLE HOUSING |
37 University of Michigan Journal of Law Reform 599 (Winter 2004) |
Economic, ethnic and racial residential segregation are ubiquitous across United States metropolitan regions. As a result, the majority of affordable housing is located in central cities or inner-ring suburbs, generally in areas of highly concentrated poverty. Outer suburbs are often exempt from providing significant housing for the economically... |
2004 |
| Jo Anne P. Stubblefield |
DRAFTING RECREATIONAL COVENANTS FOR CLUB COMMUNITIES |
20 No. 2 Practical Real Estate Lawyer 7 (March 1, 2004) |
There are a number of critical issues to consider before establishing a bundling arrangement, including: What are the developer's goals and exit strategy? Does bundling makes sense in the target market? What is the best mechanism for creating the membership obligation? What are the rights and obligations of members? Failure to give adequate... |
2004 |
| |
ENFORCING THE PUBLIC FORUM DOCTRINE ON PRIVATE PROPERTY: FIRST UNITARIAN CHURCH OF SALT LAKE CITY V. SALT LAKE CITY CORPORATION |
41 San Diego Law Review 447 (February-March 2004) |
I. Introduction. 448 II. The Controversy. 449 III. The District Court's Ruling. 451 A. The Public Forum Claim. 451 B. The Establishment Clause Claim. 453 C. The Equal Protection Claim. 455 D. The Ruling. 456 IV. The Tenth Circuit's Reversal. 456 V. The Ramifications of the Tenth Circuit's Ruling. 457 A. Easements as Public Fora. 457 B. Types of... |
2004 |