| Author | Title | Citation | Summary | Year |
| Marc R. Poirier |
THE NAFTA CHAPTER 11 EXPROPRIATION DEBATE THROUGH THE EYES OF A PROPERTY THEORIST |
33 Environmental Law 851 (Fall 2003) |
The limits set to property by other public interests present themselves as a branch of what is called the police power of the State. The boundary at which the conflicting interests balance cannot be determined by any general formula in advance, but points in the line, or helping to establish it, are fixed by decisions that this or that concrete... |
2003 |
| John Nelson |
THE PERPETUATION OF SEGREGATION: THE SENIOR HOUSING EXEMPTION IN THE 1988 AMENDMENTS TO THE FAIR HOUSING ACT |
26 Thomas Jefferson Law Review 103 (Fall 2003) |
This article will examine the Fair Housing Act and its 1988 Amendments, specifically the familial discrimination amendment making families with children a protected class. It will show that minorities are still being denied equal housing opportunities as a result of an exception permitting senior housing to exclude children. In 1988, families with... |
2003 |
| Debra Lyn Bassett |
THE POLITICS OF THE RURAL VOTE |
35 Arizona State Law Journal 743 (Fall, 2003) |
This article is about dispelling myths. Rural dwellers are thought to live in peaceful idyllic settings where issues are simple and unproblematic. A reduced focus on material goods renders money of less concern than in the faster paced style of urban living. Moreover, the political interests of rural dwellers are more fully protected than warranted... |
2003 |
| Olivia L. Zirker |
THIS LAND IS MY LAND: THE EVOLUTION OF PROPERTY RIGHTS AND LAND REFORM IN SOUTH AFRICA |
18 Connecticut Journal of International Law 621 (Spring, 2003) |
Property rights and land reform traditionally have not been concepts incorporated into international human rights law. This is in part because property rights are difficult to categorize: they include many different types of rights, such as civil, political, economic, and social. For example, an individual who holds title to land has a civil right... |
2003 |
| Nancy Levit , Robert R.M. Verchick |
UNIQUE PROPERTY: AN ANNOTATED BIBLIOGRAPHY |
18 Journal of the American Academy of Matrimonial Lawyers 589 (2003) |
This bibliography covers law review articles and supplemental A.L.R. entries published after 1997. We also include a handful of especially interesting pieces published in or before 1997, which we believe are just too good to pass up. A.L.R. entries, whose titles are usually self-explanatory, are cited, but not annotated. Similarly, articles that... |
2003 |
| Jennifer E. Watson |
WHEN NO PLACE IS HOME: WHY THE HOMELESS DESERVE SUSPECT CLASSIFICATION |
88 Iowa Law Review 501 (January, 2003) |
I. Introduction. 502 II. Background. 503 A. Homelessness in the United States. 503 B. Suspect Classification. 508 III. The Court's Treatment of the Homeless as a Suspect Class. 512 IV. The Homeless as a Suspect Class. 515 A. Discrete and Insular Minority. 516 B. Historical Discrimination and Political Powerlessness. 518 C. Irrelevance. 523 D.... |
2003 |
| Wendell E. Pritchett |
WHERE SHALL WE LIVE? CLASS AND THE LIMITATIONS OF FAIR HOUSING LAW |
35 Urban Lawyer 399 (Summer, 2003) |
In 1952, Jackie Robinson, star of the Brooklyn Dodgers and the first African-American to play in baseball's major leagues, decided to move his family from Long Island to West Chester, New York, or Connecticut. For over a year, Robinson's wife, Rachel, searched for a suitable place for their growing family. During this process, according to... |
2003 |
| Trevor S. Blake |
YOU GET WHAT YOU PAY FOR: A NEW FEMINIST PROPOSAL FOR ALLOCATING MARITAL PROPERTY UPON DIVORCE |
4 Georgetown Journal of Gender and the Law 889 (Summer, 2003) |
This paper introduces a new feminist proposal (The Plan) for allocating marital property upon divorce. To encourage women to attain and maintain economic and psychological independence before, during, and after marriage, marital property should, upon divorce, be divided proportionately based on the amount of economic contribution made to its... |
2003 |
| Jonathan L. Hafetz |
"A MAN'S HOME IS HIS CASTLE?": REFLECTIONS ON THE HOME, THE FAMILY, AND PRIVACY DURING THE LATE NINETEENTH AND EARLY TWENTIETH CENTURIES |
8 William and Mary Journal of Women and the Law 175 (Winter, 2002) |
The maxim that a man's house is his castle is one of the oldest and most deeply rooted principles in Anglo-American jurisprudence. It reflects an egalitarian spirit that embraces all levels of society down to the poorest man living in his cottage. The maxim also forms part of the fabric of the Fourth Amendment to the Constitution, which... |
2002 |
| Robert G. Schwemm, Rigel C. Oliveri |
A NEW LOOK AT SEXUAL HARASSMENT UNDER THE FAIR HOUSING ACT: THE FORGOTTEN ROLE OF § 3604(C) |
2002 Wisconsin Law Review 771 (2002) |
Introduction. 772 I. Sexual Harassment Law and the Fair Housing Act. 774 A. Overview of the Fair Housing Act and Its Similarity to Title VII. 774 B. The Role of Title VII Law in Housing Cases. 776 1. title vii law of sexual harassment. 776 2. sexual harassment cases under the fha. 781 3. appellate decisions rejecting hostile housing environment... |
2002 |
| Marc T. Smith , Ruth L. Steiner |
AFFORDABLE HOUSING AS AN ADEQUATE PUBLIC FACILITY |
36 Valparaiso University Law Review 443 (Spring, 2002) |
Suburban and exurban communities have adopted a range of land use regulations that have had the effect, intended or not, of excluding affordable housing from within their boundaries. These impacts have been well documented, from studies of exclusionary zoning to those considering land use regulations more broadly. As a result of these policies,... |
2002 |
| Paul Taylor |
ALTERNATIVES TO A CONSTITUTIONAL AMENDMENT: HOW CONGRESS MAY PROVIDE FOR THE QUICK, TEMPORARY FILLING OF HOUSE MEMBER SEATS IN EMERGENCIES BY STATUTE |
10 Journal of Law & Policy 373 (2002) |
Recently, some have argued that a constitutional amendment is necessary to provide for the temporary appointment of House members to fill seats left vacant by terrorist attacks directed at Congress and resulting in large numbers of casualties. Norman Ornstein of the American Enterprise Institute, for example, has written that [i]f a large number... |
2002 |
| Josiah N. Drew |
CAUGHT BETWEEN THE SCYLLA AND CHARYBDIS: AMELIORATING THE COLLISION COURSE OF SEXUAL ORIENTATION ANTI-DISCRIMINATION RIGHTS AND RELIGIOUS FREE EXERCISE RIGHTS IN THE PUBLIC WORKPLACE |
16 BYU Journal of Public Law 287 (2002) |
In recent decades, religious individuals and institutions have increasingly brought actions against the application of civil rights laws, particularly those laws that prohibit discrimination based on sexual orientation. Correspondingly, and perhaps reciprocally, advocates for the prohibition of discrimination based on sexual orientation have... |
2002 |
| Erin P. B. Zasada |
CIVIL RIGHTS--RIGHTS PROTECTED AND DISCRIMINATION PROHIBITED: LIVING IN SIN IN NORTH DAKOTA? NOT UNDER MY LEASE NORTH DAKOTA FAIR HOUSING COUNCIL, INC. V. PETERSON, 2001 ND 81, 625 N.W.2D 551 (2001) |
78 North Dakota Law Review 539 (2002) |
In March 1999, Robert Kippen and Patricia DePoe, an engaged but unmarried couple, unsuccessfully attempted to rent a duplex from David and Mary Peterson. The couple was denied housing by the Petersons because they were unlawfully seeking to cohabit according to the North Dakota unlawful cohabitation statute. The couple married a month after the... |
2002 |
| Keith Sealing |
DEAR LANDLORD: PLEASE DON'T PUT A PRICE ON MY SOUL: TEACHING PROPERTY LAW STUDENTS THAT "PROPERTY RIGHTS SERVE HUMAN VALUES." |
5 New York City Law Review 35 (Summer 2002) |
Property rights serve human values. Every law student needs to emerge from the crucible of first-year property law with a clear understanding that when O conveys Blackacre to A for life, remainder to B and his heirs, O has created a life estate in A and a future interest, a vested remainder, in B; or that when O conveys Blackacre to A and his... |
2002 |
| Austan Goolsbee, Peter J. Klenow, University of Chicago, Federal Reserve Bank of Minneapolis |
EVIDENCE ON LEARNING AND NETWORK EXTERNALITIES IN THE DIFFUSION OF HOME COMPUTERS |
45 Journal of Law & Economics 317 (October, 2002) |
In this paper we examine the importance of local spilloverssuch as network externalities and learning from othersin the diffusion of home computers. We use data on 110,000 U.S. households in 1997. Controlling for many individual characteristics, we find that people are more likely to buy their first home computer in areas where a high fraction of... |
2002 |
| Dennis M. Teravainen |
FEDERAL LAW'S INDIFFERENCE TO HOUSING DISCRIMINATION BASED ON SEXUAL ORIENTATION |
7 Suffolk Journal of Trial and Appellate Advocacy 11 (2002) |
The purpose of this Note is to report the extent that federal law fails to prohibit sexual orientation discrimination in general housing practices such as the sale, rental, or lease of a residence. Many states and local communities prohibit housing discrimination based on sexual orientation, including Massachusetts and several of its cities and... |
2002 |
| Laura M. Padilla |
GENDERED SHADES OF PROPERTY: A STATUS CHECK ON GENDER, RACE & PROPERTY |
5 Journal of Gender, Race and Justice 361 (Spring 2002) |
Approximately 75% of women between the ages of twenty and fifty-four now work, including nearly 65% of women with children under the age of six. Yet, women on average still earn between 70% to 75% of what men earn. Working women also continue to perform between two to three times as much housework as men, remain overwhelmingly responsible for child... |
2002 |
| Clifford C. Schrupp |
GENTRIFICATION AND FAIR HOUSING LAWS: THE DETROIT EXPERIENCE |
4 Journal of Law in Society 13 (Fall, 2002) |
Is it gentrification when hundreds, even thousands, of African American middle and upper middle class single persons and families purchase and rehabilitate homes, buy units in housing cooperatives or condominiums, or purchase or rent and rehabilitate apartments and lofts in central city neighborhoods that had previously been occupied primarily by... |
2002 |
| Gordon Cavanaugh |
GLOBALIZATION OF AN AFFORDABLE HOUSING NONPROFIT |
11-WTR Journal of Affordable Housing & Community Development Law 121 (Winter, 2002) |
The Cooperative Housing Foundation (CHF) was established in 1952 to take advantage of the 1950 addition of section 213 to the National Housing Act, which permitted blanket mortgage insurance of cooperatives by the Federal Housing Administration. CHF has launched more than 61,000 cooperative units, both sales and membership, throughout the country,... |
2002 |
| Andrea B. Berkowitz |
HOMELESS CHILDREN DREAM OF COLLEGE TOO: THE STRUGGLE TO PROVIDE AMERICA'S HOMELESS YOUTH WITH A VIABLE EDUCATION |
31 Hofstra Law Review 515 (Winter 2002) |
In the third grade, Chuck Bacon attended eight different schools. He never had the opportunity to attend the fourth grade because his family lived in abandoned houses, in the family car, or outside in open fields. He bathed himself at a gas station and slept on a piece of cardboard. When he was twelve, he and his younger brothers began their... |
2002 |
| Lee Anne Fennell |
HOMES RULE |
112 Yale Law Journal 617 (December, 2002) |
The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies. By William A. Fischel. Cambridge: Harvard University Press, 2001. Pp. 329. $45.00. In this important new book on local governance, economist William Fischel presents and defends a deceptively simple and intuitively resonant... |
2002 |
| Deborah Kenn |
HOUSING CHOICE CASE STUDIES: THE TWIN CITIES REGION IN MINNESOTA AND CITY OF ROCHESTER/MONROE COUNTY, NEW YORK |
11-SPG Journal of Affordable Housing & Community Development Law 303 (Spring, 2002) |
Throughout our nation, cities continue to struggle with the pernicious problem of housing segregation. Housing segregation proves itself an extremely troublesome and persistent force. The effects of historical patterns of housing segregation have become so entrenched that efforts to reverse these patterns can seem futile at worst, a drop in the... |
2002 |
| Barbara Ehrlich Kautz |
IN DEFENSE OF INCLUSIONARY ZONING: SUCCESSFULLY CREATING AFFORDABLE HOUSING |
36 University of San Francisco Law Review 971 (Summer 2002) |
A CALIFORNIA COURT of appeal has decisively upheld the constitutionality of inclusionary zoning--a program that in the past twenty-five years has housed over 50,000 low- and moderate-income families in new homes that they would otherwise have been unable to afford. Inclusionary zoning requires a developer of new residences to make a certain... |
2002 |
| Jennifer C. Chang |
IN SEARCH OF FAIR HOUSING IN CYBERSPACE: THE IMPLICATIONS OF THE COMMUNICATIONS DECENCY ACT FOR FAIR HOUSING ON THE INTERNET |
55 Stanford Law Review 969 (December, 2002) |
Introduction. 970 I. The Fair Housing Act in Cyberspace. 973 A. The Harms of Discriminatory Housing Listings. 973 B. Holding Online Service Providers Liable Under the Fair Housing Act. 977 II. The Communications Decency Act. 982 A. Text. 982 B. Legislative History. 988 C. Case Lore: § 230 According to the Courts. 994 1. Zeran v. America Online,... |
2002 |
| Maria Grahn-Farley |
INTERNATIONAL CHILD RIGHTS AT HOME & ABROAD: A SYMPOSIUM ON THE UN CONVENTION ON THE RIGHTS OF THE CHILD |
30 Capital University Law Review 657 (2002) |
Foreword: Crossing Borders Maria Grahn-Farley The Non-Discrimination Principle and Its Effect on the Education of Roma Children in the Czech Republic Leslie Burton Sex and AIDS Education in the United States: Implications of the UN Convention on the Rights of the Child Jason R. Hight Children's Rights to Health Care and Participation: United... |
2002 |
| Peter H. Schuck |
JUDGING REMEDIES: JUDICIAL APPROACHES TO HOUSING SEGREGATION |
37 Harvard Civil Rights-Civil Liberties Law Review 289 (Summer, 2002) |
Using the law to promote diversity in residential communities is probably more difficult than promoting it in any other public policy domain. Many reasons for this difficulty arise from the distinctive nature of housing markets, which in turn reflects the unique ethos that surrounds housing in American culture. Other problems are endemic to public... |
2002 |
| Duncan Kennedy |
LEGAL ECONOMICS OF U.S. LOW INCOME HOUSING MARKETS IN LIGHT OF "INFORMALITY" ANALYSIS |
4 Journal of Law in Society 71 (Fall, 2002) |
This essay proposes a general framework for understanding the phenomenon of neighborhood transitions in low income housing markets in large urban areas. It is an attempt to bring to bear on typical Unitedstatesean phenomena the insights of a number of legal and nonlegal disciplines and subdisciplines that have up to now had little to say to one... |
2002 |
| John R. Thomas |
LIBERTY AND PROPERTY IN THE PATENT LAW |
39 Houston Law Review 569 (2002) |
I. Patenting As Privatization. 571 II. Patenting and Public Advocacy. 580 A. Patenting Abortion. 580 B. Patenting Law. 585 C. Patenting Speech. 588 III. Patent Enforcement as State Action. 592 A. Patent Fundamentals and State Action. 594 B. The Licensing Cases. 597 C. The Speech Cases. 599 IV. Contemporary Patenting Trends and Constitutional... |
2002 |
| Tim Iglesias |
MANAGING LOCAL OPPOSITION TO AFFORDABLE HOUSING: A NEW APPROACH TO NIMBY |
12-FALL Journal of Affordable Housing & Community Development Law 78 (Fall, 2002) |
San Marcos, CAOfficials from Casa de Amparo, a home for abused and neglected children in Oceanside, thought everything was going well for their plans to relocate to San Marcos. At the first two workshops, things were going swimmingly for us, said Jerry Stein, chairman of Casa's building committee. But Casa officials say they now are trying to... |
2002 |