| Author | Title | Citation | Summary | Year |
| Edward A. Zelinsky |
METROPOLITANISM, PROGRESSIVISM, AND RACE |
98 Columbia Law Review 665 (April, 1998) |
Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land... |
1998 |
| Frank H. Wu |
NEW PARADIGMS OF CIVIL RIGHTS: A REVIEW ESSAY |
66 George Washington Law Review 698 (March, 1998) |
Can we become one America? In another era, the question might have been rhetorical. In our age, it sounds more like a plea than an inquiry. In a commencement address delivered at the University of California at San Diego on June 14, 1997, President William Jefferson Clinton asked, [C]an we become one America in the 21st Century? In his remarks,... |
1998 |
| Terry W. Frazier |
PROTECTING ECOLOGICAL INTEGRITY WITHIN THE BALANCING FUNCTION OF PROPERTY LAW |
28 Environmental Law 53 (Spring 1998) |
Restraints on the uses of property due to environmental controls have greatly proliferated in the latter half of the twentieth century. With the rise of the environmental movement and an increased concern with the ecological health of the planet, many perceive these restraints to be wholly reasonable. However, a backlash to environmental controls... |
1998 |
| Michael J. Davis , Karen L. Gaus |
PROTECTING GROUP HOMES FOR THE NON-HANDICAPPED: ZONING IN THE POST-EDMONDS ERA |
46 University of Kansas Law Review 777 (May, 1998) |
Few land use issues have drawn more recent attention from both courts and legislatures than those concerning zoning and group homes. At the heart of the problem lie the obvious cross-purposes of family zoning ordinances intended to maintain neighborhood tranquility and stability on the one hand, and the variety of statutes aimed at protecting... |
1998 |
| Michael Selmi |
PUBLIC VS. PRIVATE ENFORCEMENT OF CIVIL RIGHTS: THE CASE OF HOUSING AND EMPLOYMENT |
45 UCLA Law Review 1401 (June, 1998) |
Introduction. 1402 I. Enforcement of the Fair Housing Act. 1405 A. The Government's Efforts. 1405 1. The Complaint Filing Process. 1406 2. The Administrative Process. 1411 3. Proceeding to Judgment: Choice of Forum. 1415 B. Government Efforts Compared to the Private Bar. 1416 C. Pattern and Practice Cases. 1422 1. Home Mortgage Discrimination. 1423... |
1998 |
| Margalynne Armstrong |
RACE AND PROPERTY VALUES IN ENTRENCHED SEGREGATION |
52 University of Miami Law Review 1051 (July, 1998) |
I. Introduction. 1051 II. Prevailing Perceptions. 1053 III. The Convergence of Illogic and Reality. 1059 IV. Property Value and Anti-Discrimination Law. 1061 V. Conclusion. 1063 |
1998 |
| John O. Calmore |
RACE/ISM LOST AND FOUND: THE FAIR HOUSING ACT AT THIRTY |
52 University of Miami Law Review 1067 (July, 1998) |
I. Introduction. 1068 II. Racism in the 1990s: Its Changing but Central Significance. 1073 A. Polarized Conceptions of Racism: Expansive-Impersonal vs. Restrictive-Personal. 1073 B. The Reactionary Approach to Racism: Reductio Ad Absurdum . 1080 III. Racism's Reincorporation of Prejudice, Stereotype, and Rational Discrimination. 1087 A. The... |
1998 |
| Stephen A. Denburg |
RECLAIMING THEIR PAST: A SURVEY OF JEWISH EFFORTS TO RESTITUTE EUROPEAN PROPERTY |
18 Boston College Third World Law Journal 233 (Spring, 1998) |
The current Swiss banking scandal has shed light on the fact that many European countries have not fully revealed the extent of, or have failed to compensate Jews for, the numerous assets and property holdings that were confiscated during the Nazi era. While the Swiss banks moved quickly to establish humanitarian funds and restitute Jewish assets,... |
1998 |
| James W. Ely, Jr. |
REFLECTIONS ON BUCHANAN V. WARLEY, PROPERTY RIGHTS, AND RACE |
51 Vanderbilt Law Review 953 (May 1, 1998) |
I. Introduction. 953 II. Analysis of Klarman and Bernstein Articles. 954 A. Klarman. 954 B. Bernstein. 960 III. The Place of Property Rights in the Polity. 963 A. Property and Liberty. 963 B. Substantive Due Process. 966 |
1998 |
| Veronica L. Spicer |
SEGREGATION IN FEDERALLY SUBSIDIZED LOW-INCOME HOUSING IN THE UNITED STATES, MODIBO COULIBALY, RODNEY D. GREEN, AND DAVID M. JAMES; TABLES, TABLE OF CONTENTS, APPENDIX, INDEX; 153 PAGES; HARDBACK. |
30 Urban Lawyer 1106 (Fall, 1998) |
Segregation in Federally Subsidized Low-Income Housing in the United States provides in-depth, statistical analysis proving the dirty secret of income and race segregation in public housing. The myth of public housing, its role as a social safety net for the deserving poor, is exposed. The authors show the goal of public housing projects has... |
1998 |
| Jane M. Gaines |
THE ABSURDITY OF PROPERTY IN THE PERSON |
10 Yale Journal of Law & the Humanities 537 (Summer 1998) |
I had some reticence about doing a talk about legal culture because my work had moved so far away from it in recent years. In the process of rethinking a book that was published in 1991, however, I was surprised to discover some carry-over issues, as most scholars must find when they undertake this exercise. But my new area of interest seemed to be... |
1998 |
| Peter E. Mahoney |
THE END(S) OF DISPARATE IMPACT: DOCTRINAL RECONSTRUCTION, FAIR HOUSING AND LENDING LAW, AND THE ANTIDISCRIMINATION PRINCIPLE |
47 Emory Law Journal 409 (Spring 1998) |
Introduction: The Crisis of Disparate Impact Theory and the Muddle of Fair Housing and Lending Law. 411 I. Deconstructing the Disparate Impact Standard in Fair Housing Law: An Archaeological Study. 421 A. The Disparate Impact Standard in Employment Discrimination Cases Under Title VII. 421 1. Elements of the Title VII Employment Discrimination... |
1998 |
| Barbara Spillman Schweiger |
THE PATH OF E-LAW: LIBERTY, PROPERTY, AND DEMOCRACY FROM THE COLONIES TO THE REPUBLIC OF CYBERIA |
24 Rutgers Computer and Technology Law Journal 223 (1998) |
One century ago, Oliver Wendell Holmes, Jr., then an Associate Justice of the Supreme Judicial Court of Massachusetts, announced to the legal community that [w]e are only at the beginning of a philosophical reaction, and of a reconsideration of the worth of doctrines which for the most part still are taken for granted without any deliberate,... |
1998 |
| Joan Williams |
THE RHETORIC OF PROPERTY |
83 Iowa Law Review 277 (January 1, 1998) |
Introduction. 278 I. The Intuitive Image of Property. 280 A. The Intuitive Image of Absoluteness. 280 B. Who Holds the Intuitive Image of Property?. 283 C. Of Foxes, Chimney Sweeps, and Other Pressing Legal Issues: How Contemporary Casebooks Meld Absolutist Rhetoric with the Political Theory of Possessive Individualism. 284 D. Reading Feudal... |
1998 |
| Susan B. Eisner |
THERE'S NO PLACE LIKE HOME: HOUSING DISCRIMINATION AGAINST DISABLED PERSONS AND THE CONCEPT OF REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 |
14 New York Law School Journal of Human Rights 435 (WINTER 1998) |
Congress enacted Title VIII of the Civil Rights Act of 1968, often referred to as the Fair Housing Act (FHA), to prohibit housing discrimination on the basis of national origin, religion, race or color. In 1974, the FHA was amended to prohibit discrimination based on sex. Significantly, neither version of the law contained any prohibition of... |
1998 |
| Phyliss Craig-Taylor |
TO BE FREE: LIBERTY, CITIZENSHIP, PROPERTY, AND RACE |
14 Harvard BlackLetter Law Journal 45 (Spring, 1998) |
Voltaire once described history as a pack of tricks that the present plays on the past. He failed to mention that the people of the past have their own dissembling pranks. The most troublesome for historians is the tendency to change without notice the meaning of words. Whole new concepts can take shape behind an unvarying set of terms. Nothing is... |
1998 |
| Maya Grosz |
TO HAVE AND TO HOLD: PROPERTY AND STATE REGULATION OF SEXUALITY AND MARRIAGE |
24 New York University Review of Law and Social Change 235 (1998) |
In the 1967 decision Loving v. Virginia, the Supreme Court ended centuries of state prohibition of interracial sexual relationships. In Loving, the Court admitted that anti-miscegenation laws, which criminalized interracial sexual contacts and marriage, had contributed to the systemic subordination of people of color. In order to regulate marriage... |
1998 |
| Robin S. Golden |
TOWARD A MODEL OF COMMUNITY REPRESENTATION FOR LEGAL ASSISTANCE LAWYERING: EXAMINING THE ROLE OF LEGAL ASSISTANCE AGENCIES IN DRUG-RELATED EVICTIONS FROM PUBLIC HOUSING |
17 Yale Law and Policy Review 527 (1998) |
Conflict over drug-related evictions of tenants from public housing projects is a thin strand in the tangled web of issues facing America's urban poor. It is a microcosm, however, of a larger dynamic that is the setting for this paper: the struggle between individual rights and community responsibility and the implications of that struggle for... |
1998 |
| Thomas G. Kelch |
TOWARD A NON-PROPERTY STATUS FOR ANIMALS |
6 New York University Environmental Law Journal 531 (1998) |
In his thoughts, Herman spoke a eulogy for the mouse who had shared a portion of her life with him and who, because of him, had left this earth. What do they know--all these scholars, all these philosophers, all the leaders of the world--about such as you? They have convinced themselves that man, the worst transgressor of all the species, is the... |
1998 |
| Jane L. Scarborough |
WHAT IF THE BUTCHERS IN THE SLAUGHTER-HOUSE CASES HAD WON?: AN EXERCISE IN "COUNTERFACTUAL" DOCTRINE |
50 Maine Law Review 211 (1998) |
The spirit of liberty is the spirit which is not too sure that it is right. In thinking about my contribution to this conference with the rather daunting task of exploring Law, Feminism & the 21st Century, I found myself reflecting upon the state of the law, or more particularly, constitutional law. As we prepare to end one century and begin... |
1998 |
| Wes Daniels |
"DERELICTS," RECURRING MISFORTUNE, ECONOMIC HARD TIMES AND LIFESTYLE CHOICES: JUDICIAL IMAGES OF HOMELESS LITIGANTS AND IMPLICATIONS FOR LEGAL ADVOCATES |
45 Buffalo Law Review 687 (Fall 1997) |
Introduction Whether portrayed as derelicts, as victims of misfortune, or as people burdened by structural forces beyond their control, the image of homeless people as reflected in most court opinions is one of weakness, helplessness and despair. Such portrayals may seem necessary to legal advocates and decision-makers who want to find a way to... |
1997 |
| Kevin L. Hopkins |
A GOSPEL OF LAW |
30 John Marshall Law Review 1039 (Summer 1997) |
Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... |
1997 |
| W. David Koeninger |
A ROOM OF ONE'S OWN AND FIVE HUNDRED POUNDS BECOMES A PIECE OF PAPER AND "GET A JOB": EVALUATING CHANGES IN PUBLIC HOUSING POLICY FROM A FEMINIST PERSPECTIVE |
16 Saint Louis University Public Law Review 445 (1997) |
When Dantrell Davis, a seven-year-old boy, was shot and killed by a gang member while walking to elementary school in October 1992, the Chicago public housing development called Cabrini-Green became known to the entire country. The incident received such attention because it provided the public with a neat reminder of everything that was wrong with... |
1997 |
| Brent E. Simmons |
AFFIRMATIVE ACTION: THE LEGISLATIVE DEBATE IN THE MICHIGAN HOUSE OF REPRESENTATIVES |
14 Thomas M. Cooley Law Review 267 (1997) |
On November 5, 1996, California voters approved Proposition 209-the so-called California Civil Rights Initiative-by a 54% to 46% margin. Proposition 209 amends Article 1, Section 31(a) of the California Constitution to provide: The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of... |
1997 |
| Daniel W. Barkley |
BEYOND THE BELTWAY |
7-Fall Journal of Affordable Housing & Community Development Law 11 (Fall, 1997) |
In light of the Fair Housing Act's declared purpose to provide . for fair housing throughout the United States, it is not far-fetched to assume that the Act seeks to address not only the quantity but also the quality of housing or, to borrow the terms of one court, not only the availability but also the habitability of housing. However, a... |
1997 |
| Daniel Barkley |
BEYOND THE BELTWAY: FAIR HOUSING AND THE FIRST AMENDMENT |
6-SPG Journal of Affordable Housing & Community Development Law 169 (Spring, 1997) |
After the passage of the Fair Housing Amendments Act, a number of housing providers brought lawsuits against third parties, usually neighbors, who opposed and attempted in some cases to interfere with the provision of housing for members of a particular protected class. Typically, a developer or a state agency attempted to buy or develop property... |
1997 |
| Paul Holmes Masters |
CITY OF EDMONDS v. OXFORD HOUSE: GROUP HOMES IN THE FAMILY'S BACKYARD |
11 BYU Journal of Public Law 141 (1997) |
One of the basic building block[s] of communities throughout the United States are districts set aside by local zoning ordinances for residential use by single families. Single-family zones have been protected by the United States Supreme Court for over sixty-nine years. They effectively discriminate against the handicapped by excluding group... |
1997 |
| Scott Casher |
CIVIL RIGHTS--CLOSING A LOOPHOLE IN THE FAIR HOUSING ACT--CITY OF EDMONDS v. OXFORD HOUSE, INC., 115 S. CT. 1776 (1995). |
70 Temple Law Review 369 (Spring 1997) |
A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs. . . . The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion... |
1997 |
| Sally R. Weaver |
CLIENT CONFIDENCES IN DISPUTES BETWEEN IN-HOUSE ATTORNEYS AND THEIR EMPLOYER-CLIENTS: MUCH ADO ABOUT NOTHING -- OR SOMETHING? |
30 U.C. Davis Law Review 483 (Winter 1997) |
Introduction 485 I. A Historical Analysis. 491 A. The Tort of Retaliatory Discharge. 491 B. Employment-Related Claims by In-House Attorneys Against Their Employer-Clients. 492 C. The Right of In-House Attorneys to Sue for Retaliatory Discharge. 493 1. Common Themes in Cases Denying In-House Attorneys the Right to Sue for Retaliatory Discharge. 494... |
1997 |
| Meredith Lee Bryant |
COMBATING SCHOOL RESEGREGATION THROUGH HOUSING: A NEED FOR A RECONCEPTUALIZATION OF AMERICAN DEMOCRACY AND THE RIGHTS IT PROTECTS |
13 Harvard Blackletter Law Journal 127 (Spring, 1997) |
In June of 1995, the Supreme Court delivered its most recent blow to the fulfillment of racial equality in America. In Missouri v. Jenkins, a case involving school desegregation in Kansas City, the Court denied minority children the right to attend integrated schools. The rationale: the minority children's addresses fell within, rather than... |
1997 |
| Peter J. Vodola |
CONNECTICUT'S AFFORDABLE HOUSING APPEALS PROCEDURE LAW IN PRACTICE |
29 Connecticut Law Review 1235 (Spring, 1997) |
In 1995, the Connecticut Supreme Court upheld a lower court decision allowing a local developer to build up to ninety housing units of affordable housing on forty-eight acres in Danbury. The percentage of housing units in Danbury that meet the Affordable Housing Land Use Appeals Procedure Act's statutory definition of affordable housing is 9.79%.... |
1997 |
| Jim Chen |
EMBRYONIC THOUGHTS ON RACIAL IDENTITY AS NEW PROPERTY |
68 University of Colorado Law Review 1123 (Fall 1997) |
Bakke has come of age. In the nineteen years since Justice Lewis Powell proclaimed that diversity clearly is a constitutionally permissible goal for an institution of higher education, Bakke has become a transformative, even religious experience for champions of race-based educational affirmative action. For Michael A. Olivas, the survival of... |
1997 |
| J. Mark Powell |
FAIR HOUSING IN THE UNITED STATES: A LEGAL RESPONSE TO MUNICIPAL INTRANSIGENCE |
1997 University of Illinois Law Review 279 (1997) |
Despite the passage of the Fair Housing Act in 1968, rising housing costs and enduring racism continue to limit the availability of affordable housing to minority families. Commentators agree that thus far both judicial and legislative approaches to the problem have proven ineffective. Legal challenges to discriminatory government action, whether... |
1997 |
| Jason Dzubow |
FEAR-FREE PUBLIC HOUSING?: AN EVALUATION OF HUD'S "ONE STRIKE AND YOU'RE OUT" HOUSING POLICY |
6 Temple Political & Civil Rights Law Review 55 (Fall 1996-Spring 1997) |
Tommy Lee Hogan had already been named in two warrants for assaulting his ex-girlfriend when he walked into a Krystal Kwik restaurant in Milledgeville, Georgia, on March 29, 1996, and shot her in the head. The eighteen-year-old then turned the gun on himself and committed suicide. Less then two weeks after her son's death, Sherry Hogan received an... |
1997 |
| Eugene R. Gaetke , Robert G. Schwemm |
GOVERNMENT LAWYERS AND THEIR PRIVATE "CLIENTS" UNDER THE FAIR HOUSING ACT |
65 George Washington Law Review 329 (March, 1997) |
In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act (FHAA) authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases on behalf of persons aggrieved by housing discrimination.... |
1997 |
| Christina Victoria Tusan |
HOMELESS FAMILIES FROM 1980-1996: CASUALTIES OF DECLINING SUPPORT FOR THE WAR ON POVERTY |
70 Southern California Law Review 1141 (May, 1997) |
I. INTRODUCTION. 1142 II. A PORTRAIT OF HOMELESS FAMILIES: DISPELLING THE MYTHS. 1146 A. Mental Illness. 1148 B. Substance Abuse. 1153 C. Marital Status. 1157 D. History of Work and History of Dependence on Welfare. 1162 E. Criminal Activity. 1165 III. FACTORS CONTRIBUTING TO HOMELESSNESS. 1166 A. Declining Income Levels. 1167 B. Decreases in... |
1997 |
| James E. Robertson |
HOUSES OF THE DEAD: WAREHOUSE PRISONS, PARADIGM CHANGE, AND THE SUPREME COURT |
34 Houston Law Review 1003 (Winter 1997) |
C1-3Table of Contents I. Introduction. 1004 II. The Paradigm Shift. 1008 A. From Corporal Punishment to Warehouse Prisons. 1008 B. The New Penal Regime. 1015 1. Public Access. 1015 2. Injury-Type. 1017 3. Culpability. 1020 III. The Contemporary Warehouse Prison. 1022 A. Warehousing Defined. 1022 B. The Origins of Warehousing. 1026 C. Warehousing As... |
1997 |
| Cheryl P. Derricotte |
POVERTY AND PROPERTY IN THE UNITED STATES: A PRIMER ON THE ECONOMIC IMPACT OF HOUSING DISCRIMINATION AND THE IMPORTANCE OF A U.S. RIGHT TO HOUSING |
40 Howard Law Journal 689 (Spring 1997) |
This essay is dedicated to our collective memory of those who thrived, fought, died and in all too few instances survived, (places like) Rosewood, FL. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and... |
1997 |
| Mark Cordes |
PROPERTY AND THE FIRST AMENDMENT |
31 University of Richmond Law Review 1 (January, 1997) |
The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these... |
1997 |
| Marc R. Poirier |
PROPERTY, ENVIRONMENT, COMMUNITY |
12 Journal of Environmental Law & Litigation 43 (1997) |
Too often I have heard or read set pieces on the topic of property rights and the environment. They seem to come in two flavors. The property rights encomium lauds the institution of private property as the guardian of every other right and the best hope for individual freedom in a world of suspect majoritarian government. The environmental... |
1997 |
| Aya Gruber |
PUBLIC HOUSING IN SINGAPORE: THE USE OF ENDS-BASED REASONING IN THE QUEST FOR A WORKABLE SYSTEM |
38 Harvard International Law Journal 236 (Winter, 1997) |
Singapore's monumental achievements in public housing have astounded supporters and critics alike. Law Professor W.J.M. Ricquier of the National University of Singapore has stated, To say that {Singapore's housing} achievements have been Herculean would scarcely be an exaggeration. Many applaud the Singapore government for transforming a tiny,... |
1997 |
| F. Willis Caruso , Mark Brennan |
PUBLIC HOUSING PRIVATIZATION USING SECTION 8 VOUCHERS AND I.R.C. SECTION 42 LOW-INCOME HOUSING TAX CREDITS IN CONNECTION WITH THE USE OF LEASE TO PURCHASE OPTIONS |
16 Saint Louis University Public Law Review 355 (1997) |
Since the enactment of the Tax Reform Act of 1986, the continued presence of high interest rates, the downsizing of the federal government, especially the Department of Housing and Urban Development (HUD), and the cut back of all but a few of HUD's federal housing programs have made developing affordable housing more difficult in the 1990s. With... |
1997 |
| Sigrid Kun |
RACE HORSES AND INTELLECTUAL PROPERTY RIGHTS: RACING TOWARDS RECOGNITION? |
17 QLR 207 (Summer 1997) |
The champion racehorse Cigar is now in retirement. His sixteen-race unbeaten streak, equaling the modern day record of Citation, is now history. Cigar, however, may become important to the horse racing world, particularly the horse owners, in a quite different manner. Cigar may be forging a path to judicial recognition of intellectual property... |
1997 |
| Ian S. Tattenbaum |
RENEWAL FOR THE 1990S: AN ANALYSIS OF NEW YORK CITY REDEVELOPMENT PROGRAMS IN LIGHT OF TITLE I OF THE HOUSING ACT OF 1949 |
6 New York University Environmental Law Journal 220 (1997) |
Introduction. 221 I. Title I and its Historical Foundations. 223 A. Title I. 223 B. The Physical Redevelopment Paradigm. 226 1. The Birth of American Urban Planning. 226 2. Suburbanization and the Obsolescence of Cities. 227 II. Title I in New York City. 228 A. New York State Historical Context. 229 B. Title I Funding in New York City. 230 C.... |
1997 |
| Chester Hartman |
REPORT ON THE AFFORDABLE HOUSING COLLOQUIUM CONFERENCE ON DEVELOPING A RESEARCH AGENDA TO MOVE THE NATION TOWARDS A RIGHT TO DECENT, AFFORDABLE HOUSING HELD AT SETON HALL LAW SCHOOL ON OCTOBER 24, 1997. |
27 Seton Hall Law Review 1496a (1997) |
Following the Affordable Housing Colloquium Conference-- Mount Laurel: What Lessons Have We Learned?, the Colloquium called together housing researchers for a conference to develop a national housing research agenda that would advance the nation to the goal of decent, affordable housing for all. In attendance: Rachel Bratt (Tufts), David Bryson... |
1997 |
| Deborah Dubroff |
SEXUAL HARASSMENT, FAIR HOUSING, AND REMEDIES: EXPANDING STATUTORY REMEDIES INTO A COMMON LAW FRAMEWORK |
19 Thomas Jefferson Law Review 215 (Summer 1997) |
Claire, a single mother, rents an apartment in a building in California from her landlord Stanley who lives in a house next door. She pays Stanley her first month's rent and a deposit ($600 and $500 respectively). Shortly after moving in, Stanley begins a pattern of sexually propositioning Claire who explicitly rebuffs each advance. Stanley leers... |
1997 |
| Brian Gardiner |
SQUATTERS' RIGHTS AND ADVERSE POSSESSION: A SEARCH FOR EQUITABLE APPLICATION OF PROPERTY LAWS |
8 Indiana International & Comparative Law Review 119 (1997) |
Human history has been an endless struggle for control of the earth's surface; and conquest, or the acquisition of property by force, has been one of its more ruthless expedients. With the surge of population from the rural lands to the cities, a new type of conquest has been manifesting itself in the cites of the developing world. Its form is... |
1997 |
| Glenn P. Sugameli |
TAKINGS BILLS THREATEN PRIVATE PROPERTY, PEOPLE, AND THE ENVIRONMENT |
8 Fordham Environmental Law Journal 521 (1997) |
Proponents of takings bills rely on two unfounded claims: that takings bills will protect private property and that such bills track the Constitution's Fifth Amendment clause, nor shall private property be taken for public use, without just compensation. In fact, as this article demonstrates, takings bills would harm property and other rights... |
1997 |
| Leif Wenar |
THE CONCEPT OF PROPERTY AND THE TAKINGS CLAUSE |
97 Columbia Law Review 1923 (October, 1997) |
Leif Wenar examines the impact on takings scholarship of the redefinition of property early in the twentieth century. He argues that the Hohfeldian characterization of property as rights (instead of as tangible things) forced major scholars such as Michelman, Sax, and Epstein into extreme interpretations of the Takings Clause. This extremism is... |
1997 |
| Carol Pressman |
THE HOUSE THAT RUTH BUILT: JUSTICE RUTH BADER GINSBURG, GENDER AND JUSTICE |
14 New York Law School Journal of Human Rights 311 (Symposium, 1997) |
In 1959, Justice Ruth Bader Ginsburg and eleven other female law students graduated from Columbia Law School. Despite graduating first. in her class, she received no offers from law firms. I applied for clerkships to every judge in the southern district, in the eastern district, and again, no one was interested. Finding her first job out of law... |
1997 |