| Author | Title | Citation | Summary | Year |
| 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 |
| |
HOUSING New Jersey |
56 Planning & Environmental Law 326 (August, 2004) |
Federal low income tax credits, available since 1986 under 26 U.S.C. § 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 |
| Lenese C. Herbert |
BÊTE NOIRE: HOW RACE-BASED POLICING THREATENS NATIONAL SECURITY |
9 Michigan Journal of Race and Law 149 (Fall 2003) |
FOREWORD. 150 INTRODUCTION. 155 I. Couverture: The Fourth Amendment: Doctrine of the Free. 159 II. Excluez: The Face of Those not yet Unseen -- African Americans and the Black Bill of Rights. 163 A. Slavery, Violence, and the Institution of Slavery. 164 B. Policing Freedmen. 168 C. Petit Apartheid: Policing Them Not Us . 170 III.... |
2003 |
| Camille A. Nelson |
CARRIERS OF GLOBALIZATION: LOSS OF HOME AND SELF WITHIN THE AFRICAN DIASPORA |
55 Florida Law Review 539 (January, 2003) |
I. Introduction. 539 II. Plight of the Returnee. 548 III. Impact of Globalization on Home. 561 IV. Searching for Solutions. 576 |
2003 |
| by David L. Hudson Jr. |
City of Cuyahoga Falls ET AL. |
2002-03 Preview of United States Supreme Court Cases 223 (January 6, 2003) |
Many residents of Cuyahoga Falls, Ohio, opposed a developer's proposed low-income housing development. The developer sued, asserting that city officials had improperly coordinated an effort to stop or delay the development. The city says the suit is an attack on direct democracy, the referendum process, and the First Amendment. The developer... |
2003 |
| Richard Schragger |
CONSUMING GOVERNMENT |
101 Michigan Law Review 1824 (May, 2003) |
In his ambitious new book, William Fischel, a Professor of Economics at Dartmouth College, gives us a new political animal: The Homevoter. The homevoter is simply a homeowner who votes (p. ix). According to Fischel, she is the key to understanding the political economy of American local government. By implication, she is the key to understanding... |
2003 |
| Lenora M. Lapidus |
DOUBLY VICTIMIZED: HOUSING DISCRIMINATION AGAINST VICTIMS OF DOMESTIC VIOLENCE |
11 American University Journal of Gender, Social Policy and the Law 377 (2003) |
Over the last three decades, women's rights advocates have made great strides in raising public awareness of domestic violence and developing systems to prevent and punish such abuse. As Elizabeth Schneider describes in her comprehensive book, Battered Women & Feminist Lawmaking, this achievement resulted from a movement of feminist activists and... |
2003 |
| Victor M. Goode , Conrad A. Johnson |
EMOTIONAL HARM IN HOUSING DISCRIMINATION CASES: A NEW LOOK AT A LINGERING PROBLEM |
30 Fordham Urban Law Journal 1143 (March, 2003) |
With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the... |
2003 |
| Rusty Russell |
EQUITY IN EDEN: CAN ENVIRONMENTAL PROTECTION AND AFFORDABLE HOUSING COMFORTABLY COHABIT IN SUBURBIA? |
30 Boston College Environmental Affairs Law Review 437 (2003) |
Abstract: State-based affordable housing initiatives have survived decades of controversy. Two of the most successfulin Massachusetts and New Jersey encourage homebuilders to bypass local regulations when zoning ordinances limit available land. Opponents assert that these programs invite developers to pillage open space, impairing wetlands and... |
2003 |
| Eugene Volokh |
FREEDOM OF SPEECH AND INTELLECTUAL PROPERTY: SOME THOUGHTS AFTER ELDRED, 44 LIQUORMART, AND BARTNICKI |
40 Houston Law Review 697 (Symposium 2003) |
I. Introduction. 698 II. Intellectual Property Rules Generally. 702 A. Copyright, Trademark, and the Right of PublicityAre Not Content-Neutral Time, Place, or Manner Restrictions. 702 1. Content-Based Speech Restrictions. 703 2. Lack of Ample Alternative Channels. 711 3. The Proper Approach. 712 III. Copyright and the Copyright Exception. 713 A.... |
2003 |
| Jonathan L. Hafetz |
HOMELESS LEGAL ADVOCACY: NEW CHALLENGES AND DIRECTIONS FOR THE FUTURE |
30 Fordham Urban Law Journal 1215 (March, 2003) |
When large numbers of homeless people began appearing on the streets of American cities in the late 1970s, a sense of crisis galvanized advocates, the media, and policymakers. Now, over two decades later, there are more homeless people than ever, and numbers are rising rapidly, particularly among families with children. The economic expansion of... |
2003 |
| Tim Iglesias |
HOUSING IMPACT ASSESSMENTS: OPENING NEW DOORS FOR STATE HOUSING REGULATION WHILE LOCALISM PERSISTS |
82 Oregon Law Review 433 (Summer 2003) |
I. Our Chronic Housing Crisis and the Regulatory Challenge Facing States. 439 A. Our Chronic Housing Crisis. 440 B. The Dual Role of Local Governments. 446 C. The Regulatory Challenge Facing State Governments. 451 II. The Prima Facie Case for Applying an Impact Assessment Requirement to Housing. 458 A. The Attraction of a Housing Impact Assessment... |
2003 |
| Ciara Carolyn Torres |
HOUSING IN THE HEARTLAND: AN EXAMINATION OF THE HOLLMAN V. CISNEROS CONSENT DECREE, THE POLITICS OF RACIAL CONCENTRATION AND THE POSSIBILITIES OFFERED BY DEMOCRATIC EXPERIMENTALISM |
17 National Black Law Journal 98 (2003) |
Over the past decade, far from the headlines of the national press, a small drama about racial integration has been unfolding in the heartland of America in Minneapolis, Minnesota, known for its sports teams, ice fishing, and Norwegian accents. African Americans and Hmong immigrants may not be the first things that pop into mind when someone... |
2003 |
| Heidi Lee Cain |
HOUSING OUR CRIMINALS: FINDING HOUSING FOR THE EX-OFFENDER IN THE TWENTY-FIRST CENTURY |
33 Golden Gate University Law Review 131 (Spring, 2003) |
Courts, commentators, and legislatures have recognized that a person with a criminal record is often burdened by social stigma, subjected to additional investigation, prejudiced in future criminal proceedings, and discriminated against by prospective employers. The only way they can get away with it is because it affects poor people. Crime... |
2003 |
| Jennifer Matta |
INFORMED CHOICE: EXPANDING HOUSING OPTIONS IN AN AGING SOCIETY |
48 Wayne Law Review 1503 (Winter 2003) |
State and federal investigations have found that residents of group homes suffer from neglect, which results in injury and, at times, death. In response, individual state legislatures and regulatory services have forced residents with failing health to move to higher-care facilities, arguing that [f]ree choice has risks. The public, however,... |
2003 |
| Dana King |
INTERRACIAL INTIMACIES: SEX, MARRIAGE, IDENTITY, AND ADOPTION BY RANDALL KENNEDY. NEW YORK: RANDOM HOUSE, 2002. PP. 676. $30.00 |
19 Harvard BlackLetter Law Journal 201 (Spring, 2003) |
Randall Kennedy's book Interracial Intimacies: Sex, Marriage, Identity, and Adoption is a history of black-white intimate relations that illustrates the complex and ever-changing nature of American racial politics over the past four hundred years. Referencing legal cases, personal histories, and literature, Kennedy covers a wide range of topics... |
2003 |
| R. Richard Banks |
INTIMACY AND RACIAL EQUALITY: THE LIMITS OF ANTIDISCRIMINATION INTERRACIAL INTIMACIES: SEX, MARRIAGE, IDENTITY, AND ADOPTION. BY RANDALL KENNEDY. NEW YORK: RANDOM HOUSE, 2002. PP. 676. ($30.00) |
38 Harvard Civil Rights-Civil Liberties Law Review 455 (Summer, 2003) |
Professor Randall Kennedy has written an engaging and provocative book about a topicinterracial intimaciesthat legal scholars all too frequently and implicitly view as unrelated to racial equality. Whereas intimate decision-making is associated with the ineffable mysteries of love and sexual attraction, racial equality brings to mind the public... |
2003 |
| Elena Goldstein |
KEPT OUT: RESPONDING TO PUBLIC HOUSING NO-TRESPASS POLICIES |
38 Harvard Civil Rights-Civil Liberties Law Review 215 (Winter, 2003) |
I got a call . about a tenant in the state development at Clinton. She works the second shift, 3-11 pm 5 nights a week, and she pays a babysitter for some of the time, but can't afford all 5 days. A few days a week the father of her youngest child takes care of the children. The Clinton Housing Authority [CHA] has claimed that he is living there,... |
2003 |
| Hilary Golder, Diane Kirkby |
MRS. MAYNE AND HER BOXING KANGAROO: A MARRIED WOMAN TESTS HER PROPERTY RIGHTS IN COLONIAL NEW SOUTH WALES |
21 Law and History Review 585 (Fall, 2003) |
In 1891, in the Supreme Court of New South Wales, Mrs. Olivia Mayne brought an action for breach of contract against two brothers, theatrical entrepreneurs, James and Charles MacMahon. Mrs. Mayne claimed the MacMahon brothers owed her money for the hire of her property, a boxing kangaroo called Fighting Jack. The MacMahons contested her claim,... |
2003 |
| O. Lee Reed |
NATIONBUILDING 101: REDUCTIONISM IN PROPERTY, LIBERTY, AND CORPORATE GOVERNANCE |
36 Vanderbilt Journal of Transnational Law 673 (March, 2003) |
In this Article, Professor Reed re-examines the importance of property as a formal legal institution. He continues by arguing that central to creating property is the right to exclude others from resources acquired without force, theft, or fraud. In countries where this right has been firmly established, per capita income far exceeds that of... |
2003 |
| Ben Darvil, Jr. |
NEIGHBORHOOD PRESERVATION OR XENOPHOBISM?: AN EXAMINATION OF THE ISSUES SURROUNDING THE TOWN OF BROOKHAVEN'S RENTAL OCCUPANCY LAW |
13-FALL Journal of Affordable Housing & Community Development Law 122 (Fall, 2003) |
A majority taken collectively is only an individual, whose opinions, and frequently whose interests, are opposed to those of another individual, who is styled a minority. If it be admitted that a man possessing absolute power may misuse that power by wronging his adversaries, why should not a majority be liable to the same reproach? Men do not... |
2003 |
| Amy R. Bowser |
ONE STRIKE AND YOU'RE OUT--OR ARE YOU?: RUCKER'S INFLUENCE ON FUTURE EVICTION PROCEEDINGS FOR SECTION 8 AND PUBLIC HOUSING |
108 Penn State Law Review 611 (Fall 2003) |
In March 2002, the Supreme Court finally resolved the ambiguity that surrounded public housing evictions and the inconsistency in court decisions that resulted from the confusion. For years, courts and public housing authorities battled over the proper interpretation of the United States Department of Housing and Urban Development's (HUD) housing... |
2003 |