| Author | Title | Citation | Summary | Year |
| Hope Lewis |
REFLECTIONS ON 'BLACKCRIT THEORY': HUMAN RIGHTS |
45 Villanova Law Review 1075 (2000) |
The Colorline Belts the World. -- W.E.B. Du Bois[T]he left-liberal approach to globalization has yet to generate an adequate account of the connections between racial power and political economy in the New World Order. -- Kimberlé Crenshaw, Neil Gotanda, Gary Peller, Kendall Thomas AS the United Nations World Conference Against Racism... |
2000 |
| Larry Bennett |
RESTRUCTURING THE NEIGHBORHOOD: PUBLIC HOUSING REDEVELOPMENT AND NEIGHBORHOOD DYNAMICS IN CHICAGO |
10-FALL Journal of Affordable Housing & Community Development Law 54 (Fall, 2000) |
Long before President Clinton announced in his 1996 State of the Union address that the era of big government is over, his administration had initiated a momentous reshaping of public housing policy. During Clinton's first term as president, more than two billion dollars were committed to the Urban Revitalization Demonstration Program, better... |
2000 |
| Terry W. Gentle, Jr. |
RETHINKING CONCILIATION UNDER THE FAIR HOUSING ACT |
67 Tennessee Law Review 425 (Winter, 2000) |
For more than thirty years, the policy of the United States has been to provide everyone the opportunity for fair housing. Despite the efforts and resources devoted to this cause, housing discrimination persists as a pervasive problem that affects the lives of over two million people each year. Why does housing discrimination continue despite the... |
2000 |
| Brian Maney and Sheila Crowley, Ph.D. |
SCARCITY AND SUCCESS: PERSPECTIVES ON ASSISTED HOUSING |
9-SUM Journal of Affordable Housing & Community Development Law 319 (Summer, 2000) |
The National Low Income Housing Coalition (NLIHC) has prepared this report on voucher use in order to consolidate the available information on the subject and assist stakeholders in understanding what is known, and what is not known, about voucher use. It is our hope that this will result in a more nuanced debate about housing vouchers and in... |
2000 |
| Kevin Christopher Newsom |
SETTING INCORPORATIONISM STRAIGHT: A REINTERPRETATION OF THE SLAUGHTER-HOUSE CASES |
109 Yale Law Journal 643 (January, 2000) |
I. INTRODUCTION. 645 II. THE Slaughter-House Cases: THE CONVENTIONAL WISDOM. 650 A. The Facts. 651 B. Justice Miller's Majority Opinion. 651 C. The Dissents. 656 III. THE Slaughter-House Cases: A SECOND LOOK. 658 A. The Butchers' Claims and the Dissenters' Response: A Radical View of the Fourteenth Amendment. 658 B. Justice Miller's Majority... |
2000 |
| Brian F. Fitzgerald |
SEVENTH ANNUAL TENZER LECTURE 1999 SOFTWARE AS DISCOURSE: THE POWER OF INTELLECTUAL PROPERTY IN DIGITAL ARCHITECTURE |
18 Cardozo Arts and Entertainment Law Journal 337 (2000) |
As software increasingly facilitates our living, we are drawn more and more to conceptualize software as discourse. While this may sound trite, it is a fundamental point to appreciate. One of the most significant intellectual developments of the latter part of the twentieth century has been the poststructuralist writing of thinkers like Foucault,... |
2000 |
| Nicole A. Forkenbrock Lindemyer |
SEXUAL HARASSMENT ON THE SECOND SHIFT:THE MISFIT APPLICATION OF TITLE VII EMPLOYMENT STANDARDS TO TITLE VIII HOUSING CASES |
18 Law & Inequality: A Journal of Theory and Practice 351 (Summer 2000) |
[F]or the embattled/there is no place/that cannot be/home/nor is. Audre Lorde Yet another strand of sexual harassment is infecting women's lives and has begun to be treated in our courts: sexual harassment in the home. In increasing numbers, women are being forced to endure demands for sex from those who provide their housing, and to live in... |
2000 |
| F. Michael Higginbotham |
SOLDIERS FOR JUSTICE: THE ROLE OF THE TUSKEGEE AIRMEN IN THE DESEGREGATION OF THE AMERICAN ARMED FORCES |
8 William & Mary Bill of Rights Journal 273 (February, 2000) |
Often noted for their heroic prowess as pilots in World War II, the Tuskegee Airmen served just as nobly fighting racial segregation within the Army. Considered exemplary in its integration today, the armed forces were a testing ground for integration in the middle of the twentieth century. Black officers and enlisted men, putting themselves in... |
2000 |
| Roberta F. Mann |
THE (NOT SO) LITTLE HOUSE ON THE PRAIRIE: THE HIDDEN COSTS OF THE HOME MORTGAGE INTEREST DEDUCTION |
32 Arizona State Law Journal 1347 (Winter, 2000) |
I. L2-4,T4Introduction 1348 II. L2-4,T4Why Does the Tax Law Subsidize Home Ownership? 1351 A. L3-4,T4Historical Background of the Home Mortgage Interest Deduction 1351 B. L3-4,T4The Cost of the Home Mortgage Interest Deduction 1353 C. L3-4,T4Should the Federal Government Encourage Home Ownership? 1354 III. L2-4,T4Is the Home Mortgage Interest... |
2000 |
| Anthi Helleni Poulos |
THE 1954 HAGUE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT: AN HISTORIC ANALYSIS |
28 International Journal of Legal Information 1 (Spring, 2000) |
L1-5Introduction I. L2-5History and Development of the Status of Cultural Property in Armed Conflict A. L3-5The Ancients to 18 Century 1. L4-5The Greeks and Romans 2. L4-5The Crusades and the 30 Years' War 3. L4-5Conquest of the Americas 4. L4-5The Thirty Years' War B. L3-5Early History to the Modern (18 and 19th Centuries) 1. L4-5French Revolution... |
2000 |
| Donald Aquinas Lancaster, Jr. |
THE ALCHEMY AND LEGACY OF THE UNITED STATES OF AMERICA'S SANCTION OF SLAVERY AND SEGREGATION: A PROPERTY LAW AND EQUITABLE REMEDY ANALYSIS OF AFRICAN AMERICAN REPARATIONS |
43 Howard Law Journal 171 (Winter 2000) |
In the early to mid-1800s in Randolph County, Alabama, a brother and sister are slaves. Ruben, date of birth unknown, and Maryann, born in 1850, are the ancestors to generations of the Lancaster clan. Ruben, with wife Lydia, would sire one child, Henry Lancaster, on the eve of emancipation. Henry would beget 19 children with his wife Charlotte... |
2000 |
| Latisha R. Brown |
THE MCKINNEY ACT: REVAMPING PROGRAMS DESIGNED TO ASSIST THE MENTALLY ILL HOMELESS |
33 Columbia Journal of Law and Social Problems 235 (Spring, 2000) |
Benjamin Draper rides the subway all day. Dressed neatly and cleanly, he scribbles on a legal pad, creating pages of intricate doodles and repeated words and patterns. Underground he feels safe; above ground, he wears a bicycle helmet to protect his thoughts from interfering radio waves. He always carries his medication with him, but won't take... |
2000 |
| Cathy Lesser Mansfield |
THE ROAD TO SUBPRIME "HEL" WAS PAVED WITH GOOD CONGRESSIONAL INTENTIONS: USURY DEREGULATION AND THE SUBPRIME HOME EQUITY MARKET |
51 South Carolina Law Review 473 (Spring 2000) |
I. Introduction. 475 II. A Historical Perspective: Early Federal Interest Rate and Mortgage Rate Regulation. 476 A. The National Bank Act. 476 B. The Federal Home Loan Bank Act. 477 C. The Home Owners' Loan Act of 1933. 478 D. Federal Housing Administration Insured Loans (FHA Loans) and Veterans' Administration Insured Loans (VA Loans). 480 III.... |
2000 |
| Mary Christina Wood |
THE TRIBAL PROPERTY RIGHT TO WILDLIFE CAPITAL (PART I): APPLYING PRINCIPLES OF SOVEREIGNTY TO PROTECT IMPERILED WILDLIFE POPULATIONS |
37 Idaho Law Review 1 (2000) |
As the salmon in the Columbia River Basin struggle to survive against powerful human forces driving the species to extinction, the treaty tribes of the Basin face an unprecedented crisis. For over 10,000 years the tribes have relied on the fish for subsistence, economic, and cultural needs. But over the past several decades, tribal harvest has... |
2000 |
| Heather K. Aeschleman |
THE WHITE WORLD OF NURSING HOMES: THE MYRIAD BARRIERS TO ACCESS FACING TODAY'S ELDERLY MINORITIES |
8 Elder Law Journal 367 (2000) |
In this note, Ms. Aeschleman explores the cultural, social, and economic barriers faced by elderly minorities in need of nursing home care. Ms. Aeschleman argues that minority elders face greater economic barriers to nursing home access than Whites because of factors such as lower average incomes and a lack of access to and assistance with... |
2000 |
| Charles E. Daye |
WHITHER "FAIR" HOUSING: MEDITATIONS ON WRONG PARADIGMS, AMBIVALENT ANSWERS, AND A LEGISLATIVE PROPOSAL |
3 Washington University Journal of Law and Policy 241 (2000) |
I. L2-4,T4The Occasion for this Essay 242 II. L2-4,T4Fair Housing: The Search for an Analytical Paradigm 243 A. L3-4,T4The Problem of Deciding What the Problem Is 244 B. L3-4,T4Contexts Matter When Trying to Figure Out What the Question Is 250 C. L3-4,T4The Policy Question Coffey, Starrett City, and Arlington Heights Have in Common: What is... |
2000 |
| Katia Brener |
BELLE TERRE AND SINGLE-FAMILY HOME ORDINANCES: JUDICIAL PERCEPTIONS OF LOCAL GOVERNMENT AND THE PRESUMPTION OF VALIDITY |
74 New York University Law Review 447 (May, 1999) |
Zoning ordinances began as a way for cities to control the negative externalities associated with urban land uses, as well as a means of protecting property values. By separating residential districts from factories and retail areas, early city planners hoped to stabilize neighborhoods and preserve the value of the homes in a given residential... |
1999 |
| Terry A.C. Gray |
DE-CONCENTRATING POVERTY AND PROMOTING MIXED-INCOME COMMUNITIES IN PUBLIC HOUSING: THE QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 |
11 Stanford Law and Policy Review 173 (Winter, 1999) |
Those concerned about ensuring decent, affordable housing for the least well off members of our society must also be concerned with the dramatic changes in the georacial demographics of poverty. In the context of rising housing costs, declining real wages, job shortages, and the shift from a manufacturing to a service-based economy, racially-biased... |
1999 |
| Brian Hale |
DISCRIMINATION IN HOUSING: THE EFFECTS OF EMOTIONAL DISTRESS AND ITS REMEDIES |
23 Law & Psychology Review 167 (Spring, 1999) |
Fearful of their safety, a black couple is very anxious to move into a community outside of the inner city. After years of hard work and saving money, the couple achieves their goal and is about to realize their dream. With much excitement and anxiety, they contact a real estate or leasing agent. Surprisingly, the couple quickly finds themselves... |
1999 |
| Derrick Bell |
GETTING BEYOND A PROPERTY IN RACE |
1 Washington University Journal of Law and Policy 27 (1999) |
The following essay is based on a presentation given by Professor Derrick Bell on 18 March 1999. I am honored to be here, but I would be far happier were I sitting out there with you listening to the person originally invited to give this lecture. The Honorable A. Leon Higginbotham quite literally gave his life last December in the struggle in... |
1999 |
| Richard Delgado ; & Jean Stefancic |
HOME-GROWN RACISM: COLORADO'S HISTORIC EMBRACE--AND DENIAL--OF EQUAL OPPORTUNITY IN HIGHER EDUCATION |
70 University of Colorado Law Review 703 (Summer 1999) |
Introduction. 704 I. Race Conscious Programs in Higher Education. 710 II. Colorado History: The Early Period. 715 III. The Klan Period. 722 The Klan and Denver's Black Minority. 732 IV. The Denver Commission: Documenting--and Entrenching--Racism During the Postwar Years. 737 A. Social Workers and Unity Councils: Elites and Well-Wishers Enter the... |
1999 |
| Gregory D. Squires , Sally O'Connor, Michael Grover, James Walrath |
HOUSING AFFORDABILITY IN THE MILWAUKEE METROPOLITAN AREA: A MATTER OF INCOME, RACE AND POLICY |
9-FALL Journal of Affordable Housing & Community Development Law 34 (Fall, 1999) |
The cost of housing is going to affect the county's business development. Eventually, companies will choose to expand where their workers can afford to live.--richard Belling, Vice President for Mortgage Lending, Grafton State Bank If you people can't afford to live in our town, then you'll just have to leave.--bill Haines, Mayor, Mount Laurel, New... |
1999 |
| Kim Johnson-Spratt |
HOUSING DISCRIMINATION AND SOURCE OF INCOME: A TENANT'S LOSING BATTLE |
32 Indiana Law Review 457 (1999) |
Many believe that housing discrimination is a past wrong that is now corrected by the Fair Housing Act of 1968. Nothing could be further from the truth. Housing discrimination against the poor is still permissible in many realms under current law. The poor in this country often cannot obtain adequate housing and can be forced to move their families... |
1999 |
| McKen V. Carrington |
JUAN WILLIAMS, THURGOOD MARSHALL--AMERICAN REVOLUTIONARY, (RANDOM HOUSE XXXX) |
27 Southern University Law Review 81 (Fall, 1999) |
With profound depth and superb story telling, Juan Williams has set forth the immense contributions of Thurgood Marshall, not only to American law, but also to American politics and society. Williams makes a good case for elevating the stature of Thurgood Marshall beyond that of his contemporaries - Martin Luther King and Malcolm X - due to the... |
1999 |
| Kathleen M. O'Connor |
MARITAL PROPERTY REFORM IN MASSACHUSETTS: A CHOICE FOR THE NEW MILLENNIUM |
34 New England Law Review 261 (Fall, 1999) |
Resolved, That the laws of property, as affecting married parties, demand a thorough revisal, so that all rights may be equal between them;--that the wife may have, during life, an equal control over the property gained by their mutual toil and sacrifices, be heir to her husband precisely to the extent that he is heir to her, and entitled, at her... |
1999 |
| KATHLEEN C. ENGEL |
MOVING UP THE RESIDENTIAL HIERARCHY: A NEW REMEDY FOR AN OLD INJURY ARISING FROM HOUSING DISCRIMINATION |
77 Washington University Law Quarterly 1153 (1999) |
Marilyn wanted to move out of the dangerous Chicago neighborhood in which she lived. She found an apartment in a suburb, Berwyn, that suited her needs in terms of location, price, and size. When the landlord refused to deal with her or rent her the apartment, Marilyn became discouraged and decided to save money, buy a house, and avoid encountering... |
1999 |
| Moira J. Kinnally |
NOT IN MY BACKYARD: THE DISABLED'S QUEST FOR RIGHTS IN LOCAL ZONING DISPUTES UNDER THE FAIR HOUSING, THE REHABILITATION, AND THE AMERICANS WITH DISABILITIES ACTS |
33 Valparaiso University Law Review 581 (Spring, 1999) |
The biggest obstacle for people with disabilities [is] not so much what God hath wrought, but rather what man has imposed by custom and law. While laws that affect the disabled have progressed from isolation to empowerment, vague areas exist that result in litigation and, ultimately, a step back in the disabled's journey toward independence. One of... |
1999 |
| Jason R. Jenkins |
NOT NECESSARILY THE BEST SEAT IN THE HOUSE: A COMMENT ON THE ASSUMPTION OF RISK BY SPECTATORS AT MAJOR AUTO RACING EVENTS |
35 Tulsa Law Journal 163 (Fall, 1999) |
Gentlemen, start your engines! These timeless words, recognized as the most famous in all of motor sports, unmistakably signify that a race is about to begin. Fans numbering in the millions, at race tracks and in living rooms across the land, rise excitedly to their feet in anticipation of the green flag. Race fans are passionate people. At no... |
1999 |
| Charles L. Nier, III |
PERPETUATION OF SEGREGATION: TOWARD A NEW HISTORICAL AND LEGAL INTERPRETATION OF REDLINING UNDER THE FAIR HOUSING ACT |
32 John Marshall Law Review 617 (Spring 1999) |
In his classic The Souls of Black Folk, W.E.B. Du Bois commented: To be a poor man is hard, but to be a poor race in a land of dollars is the very bottom of hardships. His statement is increasingly becoming a prophecy as the income and wealth gaps between blacks and whites continue to increase despite the economic prosperity in the United States.... |
1999 |
| Reviewed by Peter T. Wendel |
PROPERTY, 4TH EDITION. BY JESSE DUKEMINIER AND JAMES E. KRIER. NEW YORK, NEW YORK: ASPEN PUBLISHERS, INC., 1998. PP. XIII, 1247. |
22 Seattle University Law Review 1031 (Spring 1999) |
Typically, book reviews are written about books recently published. An economist would argue that the function of a book review is to provide the market with additional information to help the consumer make a more informed choice on whether to buy the book. To the extent that is the function of a book review, this review of Dukeminier & Krier's... |
1999 |
| Reviewed by Andrew P. Morriss |
PROPERTY, 4TH EDITION. BY JESSE DUKEMINIER AND JAMES E. KRIER. NEW YORK, NEW YORK: ASPEN PUBLISHERS, INC., 1998. PP. XIII, 1247. |
22 Seattle University Law Review 997 (Spring 1999) |
Professors Dukeminier and Krier's property casebook is reputed to be the market leader in Property casebooks; I have heard estimates that it has as much as a fifty percent market share. This position is well-deserved--the casebook is thorough, comprehensive, well-written, error free, and, a significant feature for new teachers, has the best... |
1999 |
| Chester Hartman |
RACIAL EQUITY IN HOUSING |
21 University of Arkansas at Little Rock Law Review 809 (Summer, 1999) |
Housing is an extraordinarily pervasive issue with respect to racial patterns and racism. America's neighborhoods are still enormously segregated by race, and there are few stable integrated areas. Such patterns of segregation-which at the extreme have been characterized by sociologists Douglas Massey and Nancy Denton as hypersegregation, using a... |
1999 |
| James D. Walsh |
REACHING MRS. MURPHY: A CALL FOR REPEAL OF THE MRS. MURPHY EXEMPTION TO THE FAIR HOUSING ACT |
34 Harvard Civil Rights-Civil Liberties Law Review 605 (Summer, 1999) |
The Fair Housing Act (FHA) boldly declares that [i]t is the policy of the United States to provide fair housing throughout the United States. To that end, § 3604 of the FHA prohibits discrimination on any basis in the sale, rental, or negotiation of housing. The FHA's coverage, however, is not complete. Section 3603(b)(2), the so-called Mrs.... |
1999 |
| Arti Kaur Rai |
REGULATING SCIENTIFIC RESEARCH: INTELLECTUAL PROPERTY RIGHTS AND THE NORMS OF SCIENCE |
94 Northwestern University Law Review 77 (Fall 1999) |
Among legal scholars, a debate is currently raging about the proper scope of intellectual property rights in non-commercial-or basic -scientific research. The debate focuses on basic research in molecular biology, the foundational science of the large and dynamic biotechnology industry. The issue of intellectual property rights in scientific... |
1999 |
| Richard D. Marsico |
SHEDDING SOME LIGHT ON LENDING: THE EFFECT OF EXPANDED DISCLOSURE LAWS ON HOME MORTGAGE MARKETING, LENDING AND DISCRIMINATION IN THE NEW YORK METROPOLITAN AREA |
27 Fordham Urban Law Journal 481 (December, 1999) |
In 1991, conventional home mortgage lenders disclosed vastly expanded information about their lending for the first time. The newly amended Home Mortgage Disclosure Act (the HMDA) required lenders to disclose information regarding the number of applications received, the race and income of applicants, the location of the property for which the... |
1999 |
| Robert J. Aalberts |
SUITS TO VOID DISCRIMINATORY EVICTIONS OF DISABLED TENANTS UNDER THE FAIR HOUSING AMENDMENTS ACT: AN EMERGING CONFLICT? |
33 Real Property, Probate and Trust Journal 649 (Winter, 1999) |
Editors' Synopsis: The Fair Housing Amendments Act (FHAA), enacted in 1988, added disabled persons to the groups protected from discrimination under the Fair Housing Act (FHA). A pattern is beginning to emerge in the holdings of cases decided under the FHAA that suggests the scope of landlords' duties and tenants' rights under the FHA are... |
1999 |
| Fred Galves |
THE DISCRIMINATORY IMPACT OF TRADITIONAL LENDING CRITERIA: AN ECONOMIC AND MORAL CRITIQUE |
29 Seton Hall Law Review 1467 (1999) |
My discussion for purposes of this symposium centers on making not only an economic case for fair lending, but a moral case as well. I will first discuss briefly the importance of fair lending in general, then address the economic issues, and finally follow with the moral case. I begin by positing that lending discrimination is an illegitimate... |
1999 |
| Nicole Napolitano |
THE FAIR HOUSING ACT AMENDMENTS AND AGE RESTRICTIVE COVENANTS IN CONDOMINIUMS AND COOPERATIVES |
73 Saint John's Law Review 273 (Winter 1999) |
Residential associations in condominiums and cooperatives have been described as mini-government[s], residential private governments, and even as quasi-government[s]--. . . little democratic sub societ[ies] of necessity.' These descriptions are due in part to the associations' broad powers over structural changes, as well as the ability to... |
1999 |
| Peter Nicolas |
THE USE OF PRECLUSION DOCTRINE, ANTISUIT INJUNCTIONS, AND FORUM NON CONVENIENS DISMISSALS IN TRANSNATIONAL INTELLECTUAL PROPERTY LITIGATION |
40 Virginia Journal of International Law 331 (Fall 1999) |
I. Introduction. 332 II. Federal Subject Matter Jurisdiction Over Claims Arising Under Foreign Intellectual Property Laws. 338 A. Patent, Copyright, and Trademark Jurisdiction. 344 B. Unfair Competition Jurisdiction. 345 C. Supplemental Jurisdiction. 348 D. Diversity and Alienage Jurisdiction. 351 E. Alien Tort Statute Jurisdiction. 355 F. Subject... |
1999 |
| Sally Ackerman |
THE WHITE SUPREMACIST STATUS QUO: HOW THE AMERICAN LEGAL SYSTEM PERPETUATES RACISM AS SEEN THROUGH THE LENS OF PROPERTY LAW |
21 Hamline Journal of Public Law and Policy 137 (Fall 1999) |
Hatred that rages in souls and suddenly loses its immediate object does not disappear without a trace. [R]acism is as healthy today as it was during the Enlightenment. It seems that it has a utility far beyond economy, beyond the sequestering of classes from one another, and has assumed a metaphorical life so completely embedded in daily... |
1999 |
| Frank Lopez |
USING THE FAIR HOUSING ACT TO COMBAT PREDATORY LENDING |
6 Georgetown Journal on Poverty Law and Policy 73 (Winter, 1999) |
In this article, Frank Lopez examines various solutions to the widespread problem of predatory lending. Because minority borrowers are shut out from mainstream lending institutions, predatory lenders can make loans with exorbitant rates and excessive closing costs to low-income borrowers. These high costs often force borrowers into default,... |
1999 |
| Michael J. Yelnosky |
WHAT DOES "TESTING" TELL US ABOUT THE INCIDENCE OF DISCRIMINATION IN HOUSING MARKETS? |
29 Seton Hall Law Review 1488 (1999) |
Professor Paula Franzese, the organizer of this symposium, asked me to respond briefly to the following question: What do we know about the incidence of discrimination in housing? The question implies that there is a real-world phenomenon--housing discrimination--that is important to understand. Although academics often ignore reality, I assume... |
1999 |
| Melody L. Luetkehans |
WHAT'S NEW IN NEVADA REAL PROPERTY LAW |
7-AUG Nevada Lawyer 18 (August, 1999) |
The session is over, the dust is set tling, and our citizen legislators are now back in the real world. Following this year's legislative session was quite an experience for veterans and novices alike. Though not as packed with real estate bills as the 1997 session was, 1999 brought some major changes to various real property laws. For those of us... |
1999 |
| Margaret Sanregret Shockley |
"CANNONIZING" UNDER NEWT GINGRICH: THE SPEAKER'S CONSOLIDATION OF POWER IN THE HOUSE OF REPRESENTATIVES |
9 Stanford Law and Policy Review 165 (Winter, 1998) |
The turn of the century brought a steady rise in power of the Speaker of the House of Representatives that reached its peak during the Speakership of Joseph Gurney Cannon (R-IL). During Cannon's reign as Speaker from 1903 to 1911, House power was virtually consolidated into one person--the Speaker. Cannon's unbridled reign and successful... |
1998 |
| Robert L. Schonfeld |
"REASONABLE ACCOMMODATION" UNDER THE FEDERAL FAIR HOUSING AMENDMENTS ACT |
25 Fordham Urban Law Journal 413 (Spring 1998) |
Congress amended the Federal Fair Housing Amendments Act ('Fair Housing Act') in 1988 to end the unnecessary exclusion of persons with handicaps from the American mainstream. To that end, Congress defined prohibited housing discrimination against people with disabilities as, among other actions, a refusal to make reasonable accommodation in... |
1998 |
| Julie M. Solinski |
AFFORDABLE HOUSING LAW IN NEW YORK, NEW JERSEY, AND CONNECTICUT: LESSONS FOR OTHER STATES |
8-FALL Journal of Affordable Housing & Community Development Law 36 (Fall, 1998) |
The lack of affordable housing in New York is a continuing problem despite years of litigation to establish a municipal duty to encourage its provision. Federal case law establishes that there is no individual constitutional right to housing. Under the Berenson line of cases, the New York appellate courts have articulated that municipalities may... |
1998 |
| Susan R. Jones, Deborah Kenn |
AN ANNOTATED BIBLIOGRAPHY OF AFFORDABLE HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT LAW |
7-SUM Journal of Affordable Housing & Community Development Law 340 (Summer, 1998) |
As legal educators and co-chairs of the Legal Educators' Practice Division of the Forum on Affordable Housing and Community Development Law, we have often found the need for a comprehensive overview of law review articles on affordable housing and community economic development law to inform our teaching and practice. Our recognition of the... |
1998 |
| Steve P. Calandrillo |
AN ECONOMIC ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS: JUSTIFICATIONS AND PROBLEMS OF EXCLUSIVE RIGHTS, INCENTIVES TO GENERATE INFORMATION, AND THE ALTERNATIVE OF A GOVERNMENT-RUN REWARD SYSTEM |
9 Fordham Intellectual Property, Media and Entertainment Law Journal 301 (Autumn, 1998) |
Introduction. 303 I. Do We Need Intellectual Property Rights in Order to Generate Incentives to Produce Informational Works?. 310 A. General Justifications Given for Awarding Property Rights in Information. 310 1. Instrumental/Economic Arguments. 310 2. Non-Economic Arguments--Authors' Natural/Moral Rights. 312 B. Alternative Incentives to Produce... |
1998 |
| Matthew Lippman |
ART AND IDEOLOGY IN THE THIRD REICH: THE PROTECTION OF CULTURAL PROPERTY AND THE HUMANITARIAN LAW OF WAR |
17 Dickinson Journal of International Law 1 (Fall 1998) |
Cultural property historically has been the target of invading armies. This plunder and looting has been driven by a desire to accumulate wealth and to psychologically dominate and to disable the indigenous population. One of the most infamous examples was Napoleon's looting of the treasures of Europe, perhaps the most conspicuous of which were the... |
1998 |
| Daniel W. Barkley |
BEYOND THE BELTWAY: COMPENSATORY AND PUNITIVE DAMAGES IN FAIR HOUSING CASES |
7 Journal of Affordable Housing & Community Development Law 218 (Spring, 1998) |
Undoubtedly, the heart of most fair housing litigation is the issue of liability, specifically whether a housing provider violated the antidiscrimination laws. However, the issue of damages, i.e., the compensation to be provided in the event of a finding of discrimination, is critical to the success or failure of these laws. Damages have ranged... |
1998 |