AuthorTitleCitationSummaryYear
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
Deborah Zalesne THE INTERSECTION OF SOCIOECONOMIC CLASS AND GENDER IN HOSTILE HOUSING ENVIRONMENT CLAIMS UNDER TITLE VIII: WHO IS THE REASONABLE PERSON? 38 Boston College Law Review 861 (September, 1997) Sexual Harassment, most broadly defined, refers to the unwanted imposition of sexual requirements in the context of a relationship of unequal power. -Catharine A. MacKinnon The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; but the... 1997
Mairi N. Morrison THE KNOWLEDGE/POWER DILEMMA AND THE MYTH OF THE SUPERMOTHER : A CRITIQUE OF THE INNOCENT OWNER DEFENSE IN NARCOTICS FORFEITURE OF THE FAMILY HOME 7 Columbia Journal of Gender and Law 55 (1997) In the projects, somebody can call your mother a one-legged whore who does nasty tricks for men for five dollars and she will be the most important influential person in your childhood. She is the only one a child can depend upon for survival.But aren't all mothers everywhere the control figure in the eyes of a child? Mostly the answer is yes. But... 1997
Corinne Anne Carey THE NEED FOR COMMUNITY-BASED HOUSING DEVELOPMENT IN INTEGRATION EFFORTS 7-Fall Journal of Affordable Housing & Community Development Law 85 (Fall, 1997) The community that seeks to seal itself off from the social crises of our time to live in quiet luxury in the midst of segregate squalor, is violating the most basic standards of morality.. A balanced housing supply, on the other hand, brings with it all the advantages of cultural diversity, and the satisfaction of contributing one's share toward... 1997
W. Dennis Keating THE PARMA HOUSING RACIAL DISCRIMINATION REMEDY REVISITED 45 Cleveland State Law Review 235 (1997) I. Introduction. 235 II. United States v. Parma: The Fair Housing Lawsuit (1973-1980). 237 III. The Original Remedy: 1980-1982. 239 IV. Implementation of the Original Remedy (1982-1996). 241 V. The New Remedy: 1996. 243 VI. Conclusion. 248 1997
John D. Echeverria THE POLITICS OF PROPERTY RIGHTS 50 Oklahoma Law Review 351 (Fall, 1997) Until about five years ago, the courts had essentially exclusive, rather sleepy dominion over the property rights issue. Today, legislation addressing the issue has been debated repeatedly in Congress and in almost every state legislature. Several state ballot contests have been fought over property rights. And property rights have become a... 1997
Brian E. Davis THE STATE GIVETH AND THE COURT TAKETH AWAY: PRESERVING THE MUNICIPALITY'S ABILITY TO ZONE FOR GROUP HOMES UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 59 University of Pittsburgh Law Review 193 (Fall 1997) The regulation of land use through local zoning and building codes is a matter of local concern. Nearly every state has surrendered, in whole or in part, that incident of its sovereignty to the local municipality. Indeed, zoning is one of the most basic functions performed by local governments. However, numerous courts have begun to erode the... 1997
Patrick Field, Jennifer Gilbert, Michael Wheeler TRADING THE POOR: INTERMUNICIPAL HOUSING NEGOTIATION IN NEW JERSEY 2 Harvard Negotiation Law Review 1 (Spring 1997) In 1993 the township of Wayne, New Jersey, agreed to pay more than eight million dollars to escape a state mandate that required it to provide nearly 500 units of affordable housing. This payment was not an illegal bribe to a highly placed state official; rather, it was a statutorily authorized deal with Paterson, a nearby city, which agreed to... 1997
Janet Ellen Stearns VOLUNTARY BONDS: THE IMPACT OF HABITAT II ON U.S. HOUSING POLICY 16 Saint Louis University Public Law Review 419 (1997) Here in Istanbul, independent, sovereign nations have come together in pursuit of a common goal: a world in which all people have access to decent and affordable housing; a world with neighborhoods that are free of street crime and assaults on personal safety; a world in which all people have access to the educational opportunities necessary to... 1997
Peter W. Salsich, Jr. WELFARE REFORM: IS SELF SUFFICIENCY FEASIBLE WITHOUT AFFORDABLE HOUSING? 2 Michigan Law and Policy Review 43 (1997) Two presidential actions during the height of the 1996 election campaign dramatized the inevitable link between federal housing and welfare policies. Both involved the approval of major domestic legislation, but as Jason DeParle of The New York Times Magazine observed, one action was attended to with presidential flair, the other was hardly... 1997
Robert C. McConkey III "CAMPING ORDINANCES" AND THE HOMELESS: CONSTITUTIONAL AND MORAL ISSUES RAISED BY ORDINANCES PROHIBITING SLEEPING IN PUBLIC AREAS 26 Cumberland Law Review 633 (1995-1996) In October 1992, after several years of conflict with its homeless population, the city of Santa Ana, California enacted an ordinance banning camping and the storage of personal property on public streets and other public grounds. The ordinance defines camping broadly as to pitch or occupy camp facilities; to live temporarily in a camp facility... 1996
William D. Green "CRITICAL MASS IS FIFTEEN COLORED'S!" DE FACTO & DE JURE POLICIES OF RACIAL ISOLATION IN ST. PAUL'S SCHOOLS AND HOUSING PATTERNS DURING THE 19TH CENTURY, AND BEYOND 17 Hamline Journal of Public Law and Policy 299 (Spring, 1996) For ten years, during the period when America was embroiled in the Civil War, St. Paulthe capital of one of the most liberal states in the Unionpersistently embarked on a policy that segregated black children from white children. It was a policy that reflected the times when northern blacks lived a paradoxical existence of being tolerated by... 1996
Keith Aoki (INTELLECTUAL) PROPERTY AND SOVEREIGNTY: NOTES TOWARD A CULTURAL GEOGRAPHY OF AUTHORSHIP 48 Stanford Law Review 1293 (May, 1996) Keith Aoki discusses the challenge that the rise of digital information technology poses to traditional legal conceptions of property. He chronicles the evolution of the idea of property and its relationship to sovereignty in Anglo-American law. In contrast to developments in other areas of property law, the legal characterization and... 1996
Alicia Alvarez A CALL FOR FAIRNESS: THE HISTORICAL AND CONTINUING EXCLUSION OF LATINOS FROM PUBLIC HOUSING IN CHICAGO 9 La Raza Law Journal 155 (1996) This article will discuss the problems faced by the Latino population of the City of Chicago (City) in accessing public and subsidized housing programs administered by the Chicago Housing Authority and the United States Department of Housing and Urban Development. Latinos have historically been excluded from these programs in Chicago. This... 1996
Thomas D. Russell A NEW IMAGE OF THE SLAVE AUCTION: AN EMPIRICAL LOOK AT THE ROLE OF LAW IN SLAVE SALES AND A CONCEPTUAL REEVALUATION OF SLAVE PROPERTY 18 Cardozo Law Review 473 (November, 1996) The slave auction is among the most powerful images in the history of the United States. Depictions of slave auctions vary, but of the recurring compositional elements, the most fearful and moving is the separation by sale of a young child from his or her mother. The slave auction image starkly represents the inhumanity of American slavery, the... 1996
Kenneth B. Clark BEYOND BROWN v. BOARD OF EDUCATION: HOUSING AND EDUCATION IN THE YEAR 2000 80 Minnesota Law Review 745 (April, 1996) The Supreme Court's 1954 decision in Brown v. Board of Education spawned a collective hope and dream for an end to racial segregation in American public schools. I joined in the optimism. I spoke and wrote buoyantly, confident in our future. At the time, I believed there would be positive changes within a decade or more. I thought that I, and the... 1996
Andrea Panjwani BEYOND THE BELTWAY: AFFIRMATIVE ACTION IN THE HOUSING CONTEXT 5-WTR Journal of Affordable Housing & Community Development Law 109 (Winter, 1996) There has been much discussion and debate about the constitutionality and efficacy of affirmative action in the contexts of education, employment, voting, and federal contracts. There is also a lower-profile controversy concerning affirmative action efforts in housing. Affirmative action efforts in housing include attempts by housing providers to... 1996
Gabriel J. Chin , Denise C. Morgan BREAKING INTO THE ACADEMY: THE 1996-97 MICHIGAN JOURNAL OF RACE & LAW GUIDE FOR ASPIRING LAW PROFESSORS 1 Michigan Journal of Race and Law 551 (Summer 1996) I was not very far into my law school experience when I realized that my professors had the best job in town--it took me quite a bit longer to discover that I, too, could get in on the deal. Do not misunderstand me: being a law professor is not easy. In fact, to be done correctly, the job requires a tremendous amount of intellectual energy and... 1996
Berta Esperanza Hernandez-Truyol BUILDING BRIDGES: BRINGING INTERNATIONAL HUMAN RIGHTS HOME 9 La Raza Law Journal 69 (Spring, 1996) This commentary on Building Bridges was prepared in connection with a panel presentation addressing the same theme by Latina/o law professors during the 1995 Hispanic National Bar Association's annual meeting in San Juan, Puerto Rico. It urges that we globalize our domestic legal practice by integrating international human rights norms as a means... 1996
Michelle R.K. Todus CITY OF EDMONDS V. OXFORD HOUSE, INC.: OPENING DOORS TO HOUSING FOR HANDICAPPED PERSONS 26 Golden Gate University Law Review 737 (Spring, 1996) In City of Edmonds v. Oxford House, Inc., the United States Supreme Court held that the Fair Housing Act's (hereinafter the FHA) broad exemption for local maximum occupancy restrictions did not apply to the City's single family zoning restrictions. Although the City's ordinance did not qualify for exemption from the FHA, the Supreme Court held... 1996
David Franklin CIVIL RIGHTS vs. CIVIL LIBERTIES? THE LEGALITY OF STATE COURT LAWSUITS UNDER THE FAIR HOUSING ACT 63 University of Chicago Law Review 1607 (Fall, 1996) Consider the following scenario: An individual contracts to purchase a house in a single-family neighborhood, intending to use the property as a group home for mentally handicapped teenagers. Local residents are concerned about the impact these newcomers will have on their neighborhood. The residents file a lawsuit in state court, seeking to enjoin... 1996
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