Author | Title | Citation | Summary | Year |
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 |
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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 |
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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 |
Kristin Henning |
ERODING CONFIDENTIALITY IN DELINQUENCY PROCEEDINGS: SHOULD SCHOOLS AND PUBLIC HOUSING AUTHORITIES BE NOTIFIED? |
79 New York University Law Review 520 (May, 2004) |
While scholars have engaged in considerable debate about the continued viability of confidentiality in delinquency proceedings, much of that debate has focused on the media's First Amendment right to access those proceedings. Now, with crime prevention at the forefront of many political agendas, policymakers are reframing the confidentiality debate... |
2004 |
Laura J. Bach |
FOR GOD OR GRADES? STATES IMPOSING FEWER REQUIREMENTS ON RELIGIOUS HOME SCHOOLERS AND THE RELIGION CLAUSES OF THE FIRST AMENDMENT |
38 Valparaiso University Law Review 1337 (Summer, 2004) |
The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high... |
2004 |
Robert G. Schwemm, Michael Allen |
FOR THE REST OF THEIR LIVES: SENIORS AND THE FAIR HOUSING ACT |
90 Iowa Law Review 121 (October, 2004) |
Introduction. 124 I. The Growing Senior Population and Their Housing Options. 126 A. Demographics of America's Senior Population. 126 1. The Current Senior Population and the Baby Boom Projections. 126 2. The Senior Population and FHA-Relevant Divisions. 127 B. Housing Choices for Older Persons. 131 1. Distinguishing Characteristics of Older... |
2004 |
Brian R. Rosenau |
GIMME SHELTER : DOES THE FAIR HOUSING AMENDMENTS ACT OF 1988 REQUIRE ACCOMMODATIONS FOR THE FINANCIAL CIRCUMSTANCES OF THE DISABLED? |
46 William and Mary Law Review 787 (November, 2004) |
In 1968, Congress enacted what is popularly called the Fair Housing Act as title VIII of the Civil Rights Act of 1968. The purpose of this portion of the Civil Rights Act was to end discriminatory housing practices across the United States. It undertook this endeavor by making it illegal to discriminate, in housing contexts, on the basis of race... |
2004 |
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HOUSING New Jersey |
56 Planning & Environmental Law 326 (August, 2004) |
Federal low income tax credits, available since 1986 under 26 U.S.C. ยง 42, provide incentives for construction and rehabilitation of affordable housing. Credits are allocated to states according to population, and state agencies administer the program. There is high demand for the credits. As required by federal law, the New Jersey Housing Mortgage... |
2004 |
Sherry Hutt |
IF GERONIMO WAS JEWISH: EQUAL PROTECTION AND THE CULTURAL PROPERTY RIGHTS OF NATIVE AMERICANS |
24 Northern Illinois University Law Review 527 (Summer 2004) |
C1-3Table of Contents I. Application of the Equal Protection Clause to Native Americans. 528 II. A Short History of Indian Law: Special is Not Equal. 532 III. Geronimo: From Arizona to Florida. 536 IV. If Geronimo Was Jewish. 539 V. If Geronimo Was a Rap Star: Intellectual Property Law Versus Intangibles in Natural Law. 551 VI. If Geronimo Was an... |
2004 |
Fred Rodgers , Golden, Colorado |
MIDYEAR MEETING OF THE ABA HOUSE OF DELEGATES HELD FEBRUARY 9, 2004, IN SAN ANTONIO, TEXAS |
33-APR Colorado Lawyer 25 (April, 2004) |
This year, 2004, marks the sixty-fifth year that the American Bar Association (ABA) has assembled for its Midyear Meeting. Since the reorganization of the ABA in 1936, which led to the creation of the policy-making House of Delegates (House), there have been only two years when the ABA failed to convene for the Midyear Meeting: once in 1938,... |
2004 |
Danielle Conway-Jones |
MONGOLIA, LAW CONVERGENCE, AND THE THIRD ERA OF GLOBALIZATION |
3 Washington University Global Studies Law Review 63 (2004) |
In the Spring of 2002, I received a call from a colleague in the School of Hawaiian, Asian, and Pacific Studies at the University of Hawai'i at Manoa. My colleague wanted to gauge my interest in joining a university delegation to travel to Ulaanbaatar, Mongolia at the request of the Mongolian Government and the Academy of Management. The invitation... |
2004 |
Amy J. Schmitz |
PROMOTING THE PROMISE MANUFACTURED HOMES PROVIDE FOR AFFORDABLE HOUSING |
13-SPG Journal of Affordable Housing & Community Development Law 384 (Spring, 2004) |
Many Americans aspire to home ownership. This is because homes provide shelter, and, perhaps more importantly, they may provide status along with communal, emotional, and financial security. However, home ownership can be one's greatest dream or worst nightmare. This is especially true for owners of mobile homes, referred to as manufactured... |
2004 |
Kristine L. Zeabart |
REQUIRING A TRUE CHOICE IN HOUSING CHOICE VOUCHER PROGRAMS |
79 Indiana Law Journal 767 (Summer 2004) |
America's struggle with residential segregation is nothing new. Over the past forty years, courts and legislatures have tried to dismantle this country's history of racial segregation and promote diversity. As housing policies shifted away from building governmentally owned and operated hard public housing units, housing choice voucher (HCV)... |
2004 |
Paul Stinson |
RESTORING JUSTICE: HOW CONGRESS CAN AMEND THE ONE-STRIKE LAWS IN FEDERALLY-SUBSIDIZED PUBLIC HOUSING TO ENSURE DUE PROCESS, AVOID INEQUITY, AND COMBAT CRIME |
11 Georgetown Journal on Poverty Law and Policy 435 (Fall, 2004) |
Under the guise of protecting public housing tenants from the ills of drug-related crime, Congress has enacted increasingly draconian regulations governing drug use among public housing tenants. As interpreted by the U.S. Supreme Court, these regulations permit, and even encourage, the eviction of tenants who have committed no crime, have used no... |
2004 |
Richard H. Chused |
SAUNDERS (A.K.A. JAVINS) v. FIRST NATIONAL REALTY CORPORATION |
11 Georgetown Journal on Poverty Law and Policy 191 (Spring, 2004) |
C1-3Table of Contents Introduction. 192 I. In the Beginning. 194 A. The Apartment Buildings. 194 B. Pre-Reform Eviction Law. 197 II. As Wardman Courts Aged. 200 A. Precursors to Reform. 200 B. Rent Strike. 206 III. The Local Appeal: From Rent Strike to Civil Disorder. 210 A. The Trial. 210 B. Appellate Briefs. 212 C. Waiting Amid Major Public... |
2004 |
Anne Maurer |
SMART GROWTH PRINCIPLES AND THE FAIR HOUSING ACT: AN EXAMINATION OF THE LOUDOUN COUNTY REVISED GENERAL PLAN |
13-WTR Journal of Affordable Housing & Community Development Law 239 (Winter, 2004) |
On January 5, 2000, the Loudoun County Board of Supervisors instructed the Loudoun County Planning Commission to review the Virginia county's comprehensive plan and make appropriate revisions in order to address issues posed by unprecedented growth and change in the County, particularly over the last decade. The Loudoun County Revised General... |
2004 |
Nancy Kremers |
SPEAKING WITH A FORKED TONGUE IN THE GLOBAL DEBATE ON TRADITIONAL KNOWLEDGE AND GENETIC RESOURCES: ARE U.S. INTELLECTUAL PROPERTY LAW AND POLICY REALLY AIMED AT MEANINGFUL PROTECTION FOR NATIVE AMERICAN CULTURES? |
15 Fordham Intellectual Property, Media and Entertainment Law Journal 1 (Autumn 2004) |
Introduction. 3 I. An Overview: What is TKGRF, How Does It Differ From Other Intellectual Property, and What Are Some of the TKGRF-Related Legal Controversies and Proposed Solutions that Have Arisen in Recent Years?. 10 A. Defining and Differentiating TKGRF. 10 B. Summary of the Legal Issues and Disputes to Date in TKGRF. 16 1. Complexity of TKGRF... |
2004 |
Matthew L. M. Fletcher |
STICK HOUSES IN PESHAWBESTOWN |
2 Cardozo Public Law, Policy and Ethics Journal 189 (May, 2004) |
There are many stories here. And, there is much to learn for the future. For all the pain and heartache we have felt, there has been and will be an equal amount of joy. That is how everything works. There is always a struggle to maintain the balance. --Winona LaDuke It is undoubtedly true that Indians may be easily led to make bad bargains, and,... |
2004 |
Jane B. Baron |
THE "NO PROPERTY" PROBLEM: UNDERSTANDING POVERTY BY UNDERSTANDING WEALTH |
102 Michigan Law Review 1000 (May, 2004) |
Reckoning with Homelessness. By Kim Hopper. Ithaca: Cornell University Press. 2003. Pp. x, 271. $19.95. Could it be that understanding homelessness and poverty is less a function of understanding the homeless and the poor than of understanding how the wealthy come to ignore and tolerate them? This is one of the more intriguing suggestions of... |
2004 |
Leland Ware, Steven W. Peuquet |
THE ADMISSIBILITY OF MATCHED-PAIR TESTING EVIDENCE IN FAIR HOUSING CASES UNDER DAUBERT v. MERRELL DOW PHARMACEUTICALS, INC. |
14-FALL Journal of Affordable Housing & Community Development Law 23 (Fall, 2004) |
Investigators seeking to determine the existence of discriminatory housing practices have long relied on the use of paired testers. A typical test involves arranging for black and white matched-pair investigators to pose as potential renters or home buyers. The black and white testers are matched as closely as possible in terms of age, sex,... |
2004 |
Paulette J. Williams |
THE CONTINUING CRISIS IN AFFORDABLE HOUSING: SYSTEMIC ISSUES REQUIRING SYSTEMIC SOLUTIONS |
31 Fordham Urban Law Journal 413 (January, 2004) |
In 1960, my father bought the first home he ever owned. He was forty years old, with one child away at college and two still in high school. As a career military man, my father picked up his family every two or three years and moved lock, stock, and barrel to a totally new location. Until he first bought a house, our family had lived in rented... |
2004 |
Christopher F. Richardson |
THE INFLUENCE OF OFFSHORE LEASING REGIMES ON COMMERCIAL OIL ACTIVITY: AN EMPIRICAL ANALYSIS OF PROPERTY RIGHTS IN THE GULF OF MEXICO AND THE NORTH SEA |
17 Georgetown International Environmental Law Review 97 (Fall, 2004) |
C1-3Contents I. Introduction. 98 II. Description of the Regimes. 102 III. The Analytical Framework. 109 IV. Empirical Analysis. 112 A. Administrative Compliance and Capital Costs. 114 1. Number of Leases and Producers in Absolute Terms and in Relation to Oil Production. 114 2. Frequency of Competitive Fields. 116 B. Oil Field Depletion. 118 1.... |
2004 |
Edward G. Goetz, Karen Chapple, Barbara Lukermann |
THE MINNESOTA LAND USE PLANNING ACT AND THE PROMOTION OF LOW- AND MODERATE-INCOME HOUSING IN SUBURBIA |
22 Law & Inequality: A Journal of Theory and Practice 31 (Winter 2004) |
The rapid escalation in urban housing values across the country has outstripped wage and income growth, making both ownership and rental housing inside cities less affordable for a growing percentage of families. Yet, the problems in urban housing markets transcend local municipal boundaries. For example, residents and politicians of all areas... |
2004 |
James W. Gilliam, Jr. |
TOWARD PROVIDING A WELCOMING HOME FOR ALL: ENACTING A NEW APPROACH TO ADDRESS THE LONGSTANDING PROBLEMS LESBIAN, GAY, BISEXUAL, AND TRANSGENDER YOUTH FACE IN THE FOSTER CARE SYSTEM |
37 Loyola of Los Angeles Law Review 1037 (Spring 2004) |
Why don't you just take your faggot ass out of my house? To change the meaning of the law we must offer an alternative vision, imagine a different future. The American foster care system fails the over 568,000 children and teenagers under the care of the many state agencies charged with raising and protecting them. Though foster care is intended to... |
2004 |
Melissa J. Morrow |
TWENTY-FIVE YEARS OF DEBATE: IS ACQUISITION-VALUE PROPERTY TAXATION CONSTITUTIONAL? IS IT FAIR? IS IT GOOD POLICY? |
53 Emory Law Journal 587 (Spring 2004) |
Twenty-five years ago a modern Boston Tea party took place in California. However, this insurgence against taxation was deliberately targeted against one specific tax, one of the oldest and most unpopular taxes ever imposed--the property tax. California's voters passed Proposition 13 through referendum and put an end to escalating real property... |
2004 |
Rachel D. Godsil |
VIEWING THE CATHEDRAL FROM BEHIND THE COLOR LINE: PROPERTY RULES, LIABILITY RULES, AND ENVIRONMENTAL RACISM |
53 Emory Law Journal 1807 (Fall 2004) |
Introduction. 1809 I. Reprise of Property and Liability Rules. 1815 A. Current Methods Lead to Inaccurate Determinations of Value. 1818 B. Parties Rarely Bargain After Judgment. 1820 II. Race, Poverty, and Pollution in Action. 1822 A. Camden, New Jersey: From Suburb to Slum. 1822 B. Black, Brown, and Polluted: Segregated Communities in the... |
2004 |
Michael Allen |
WE ARE WHERE WE LIVE: SENIORS, HOUSING CHOICE, AND THE FAIR HOUSING ACT |
31-SPG Human Rights 15 (Spring, 2004) |
Housing choice and equal opportunity are part of the American Dream, and where we live has a profound impact on who we are and what opportunities we will enjoy. Since the passage of the Fair Housing Act (FHA) in 1968, we have taken it for granted that we can live wherever we desire and that it is wrong for others to artificially limit our choices.... |
2004 |
Christophe Courchesne |
WHAT REGIONAL AGENDA?: RECONCILING MASSACHUSETTS'S AFFORDABLE HOUSING LAW AND ENVIRONMENTAL PROTECTION |
28 Harvard Environmental Law Review 215 (2004) |
Leading away from Amesbury's business district toward the hamlet of South Hampton, New Hampshire, Whitehall Road is hardly a scenic country lane. Although Lake Gardner sits within view off to the east, and one can catch glimpses of Woodsom Farm's open pastures to the west through stands of oak and maple trees, nearly every half-acre of frontage to... |
2004 |
Kevin Bundy |
"OFFICER, WHERE'S MY STUFF?" |
1 Hastings Race and Poverty Law Journal 57 (Fall, 2003) |
Property can have no more dangerous, even if unwitting, enemy than one who would make its possession a pretext for unequal or exclusive civil rights. Although estimates vary widely, homeless people constitute a substantial component of the country's population. As large numbers of homeless people continue to congregate in the public parks and on... |
2003 |
Kevin Bundy |
"OFFICER, WHERE'S MY STUFF?" |
1 Hastings Race and Poverty Law Journal 57 (Fall, 2003) |
Property can have no more dangerous, even if unwitting, enemy than one who would make its possession a pretext for unequal or exclusive civil rights. Although estimates vary widely, homeless people constitute a substantial component of the country's population. As large numbers of homeless people continue to congregate in the public parks and on... |
2003 |
Risa L. Goluboff |
"WE LIVE'S IN A FREE HOUSE SUCH AS IT IS": CLASS AND THE CREATION OF MODERN CIVIL RIGHTS |
151 University of Pennsylvania Law Review 1977 (June, 2003) |
The shift during the 1940s from American public concern with class to concern with race has become a commonplace in American historiography. Alan Brinkley has written that World War II was a significant moment in the shift of American liberalism from a preoccupation with reform (with a set of essentially class-based issues centered around... |
2003 |
Andrene N. Plummer |
A FEW NEW SOLUTIONS TO A VERY OLD PROBLEM: HOW THE FAIR HOUSING ACT CAN BE IMPROVED TO DETER DISCRIMINATORY CONDUCT BY REAL ESTATE BROKERS |
47 Howard Law Journal 163 (Fall 2003) |
The purchase of a house is perhaps the most important investment made by the American consumer. The home-buying process can be long and tedious, and for this reason, many individuals often rely on the services of a broker to help the process move along more smoothly. The broker does this by acting as an agent for willing buyers and sellers who... |
2003 |
Robert L. Liberty |
ABOLISHING EXCLUSIONARY ZONING: A NATURAL POLICY ALLIANCE FOR ENVIRONMENTALISTS AND AFFORDABLE HOUSING ADVOCATES |
30 Boston College Environmental Affairs Law Review 581 (2003) |
Abstract: Exclusionary zoning limits residential development over large areas, and even entire cities or towns, to single-family housing on large lots. Exclusionary zoning is unfair to people and families of modest means (many of whom are members of racial or ethnic minorities) because it sharply limits where they can live and thus their access to... |
2003 |