| Author | Title | Citation | Summary | Year |
| 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 |
| Stephen J. Zralek |
CIVIL RIGHTS-42 U.S.C. § 1982-EXPANDING PROTECTION TO INCLUDE NON-OWNER USERS OF PROPERTY UNITED STATES v. BROWN, 49 F. 3D 1162 (6TH CIR. 1995). |
63 Tennessee Law Review 471 (Winter, 1996) |
On June 9, 1990, Jonathan David Brown met with fellow white supremacists Damion Patton and Leonard William Armstrong in Nashville. The next morning, at approximately 1:00 a.m., the three men rode along West End Avenue in Nashville as Armstrong fired several bullets into a synagogue. Later that morning, Patton was arrested. On June 11, 1990, Patton... |
1996 |
| Jack Vanhoorelbeke |
CIVIL RIGHTS--ZONING AND PLANNING--ZONING PROVISIONS THAT GOVERN AREAS ZONED FOR SINGLE-FAMILY DWELLINGS, DEFINING FAMILY AS PERSONS RELATED BY GENETICS, ADOPTION, MARRIAGE OR A GROUP OF FIVE OR FEWER UNRELATED PERSONS, DESCRIBE THOSE WHICH MAY COMPOSE A |
74 University of Detroit Mercy Law Review 135 (Fall 1996) |
Oxford House operated a group home in Edmonds, Washington, and housed ten to twelve adults recovering from alcoholism and drug addiction in a neighborhood zoned as single-family residential. The City of Edmonds issued criminal citations to the owner and one resident of the group home. Oxford House was charged with violating the City's zoning code... |
1996 |
| Rebecca A. Wistner |
COHABITATION, FORNICATION AND THE FREE EXERCISE OF RELIGION: LANDLO RDS SEEKING RELIGIOUS EXEMPTION FROM FAIR HOUSING LAWS |
46 Case Western Reserve Law Review 1071 (Summer 1996) |
Suppose that two individuals contact a landlord and tell her they are seeking rental housing. Upon learning that the couple is not married, the landlord refuses to rent an apartment to them, indicating that cohabitation is against her religion. The state fair housing law prohibits discrimination in housing on the basis of marital status, so the... |
1996 |
| Allen H. Sanders |
DAMAGING INDIAN TREATY FISHERIES: A VIOLATION OF TRIBAL PROPERTY RIGHTS? |
17 Public Land & Resources Law Review 153 (1996) |
In seven decisions spanning over seventy years, the United States Supreme Court has upheld the unique value and solemn import of Indian treaty fishing rights. Uncertainty remains, however, over whether non-Indians may diminish or even destroy, with impunity, the fish that tribes have a treaty-secured right of taking. One case, pending in the Ninth... |
1996 |
| Jeanne L. Schroeder |
DEATH AND TRANSFIGURATION: THE MYTH THAT THE U.C.C. KILLED "PROPERTY" |
69 Temple Law Review 1281 (Winter 1996) |
I. The Bundle of Sticks. 1282 A. The Myth of the Disaggregation of Property. 1282 B. The Gates of Horn and Ivory. 1284 C. Article 2 As Text. 1291 1. Evidence for the Disaggregation of Property. 1291 2. Article 2's Clandestine Affair with Title'. 1292 II. The Wit and Wisdom of Karl Llewellyn. 1294 A. Differentiating Property from Contract. 1295 B.... |
1996 |
| Mark A. Malaspina |
DEMANDING THE BEST: HOW TO RESTRUCTURE THE SECTION 8 HOUSEHOLD-BASED RENTAL ASSISTANCE PROGRAM |
14 Yale Law and Policy Review 287 (1996) |
[The Section 8 household-based subsidy program] is a big and very effective program. It has virtually no downside except that it costs money to authorize more vouchers. . . . We don't have any problem getting landlords to accept Section 8 vouchers anywhere because they are guaranteed to be paid by the federal government. --Henry G. Cisneros,... |
1996 |
| Charles E. Connerly , Marc Smith |
DEVELOPING A FAIR SHARE HOUSING POLICY FOR FLORIDA |
12 Journal of Land Use & Environmental Law 63 (Fall, 1996) |
I. Introduction. 63 II. The Need for Fair Share Housing in Florida. 67 III. Florida as a Test Case for Fair Share Housing. 68 IV. Fair Share Housing Practice Outside of Florida. 72 A. The Federal Government and Fair Share Housing. 73 B. California Housing Element Requirements for Fair Share Housing. 78 C. New Jersey Fair Housing Law. 80 D.... |
1996 |
| Kimberly E. O'Leary |
DIALOGUE, PERSPECTIVE AND POINT OF VIEW AS LAWYERING METHOD: A NEW APPROACH TO EVALUATING ANTI-CRIME MEASURES IN SUBSIDIZED HOUSING |
49 Washington University Journal of Urban and Contemporary Law 133 (Summer 1996) |
During the past decade, this country's subsidized housing residents have seen incidents of violent crime increase dramatically in their communities. Across the country, local law enforcement and housing authorities have joined together to develop a variety of anti-crime measures. At the federal level, the Department of Housing and Urban Development... |
1996 |
| Kevin J. Zanner |
DISPERSION REQUIREMENTS FOR THE SITING OF GROUP HOMES: RECONCILING NEW YORK'S PADAVAN LAW WITH THE FAIR HOUSING AMENDMENTS ACT OF 1988 |
44 Buffalo Law Review 249 (Winter 1996) |
Under such a regulation, it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. The deinstitutionalization of individuals with mental and physical handicaps through the use of residential group home... |
1996 |
| Kristopher E. Ahrend |
EFFECT, OR NO EFFECT: A COMPARISON OF PRIMA FACIE STANDARDS APPLIED IN "DISPARATE IMPACT" CASES BROUGHT UNDER THE FAIR HOUSING ACT (TITLE VIII) |
2 Race and Ethnic Ancestry Law Digest 64 (Spring, 1996) |
L1-4Table of Contents L1-4 I. L2-4Introduction L1-4 II. L2-4An Analysis of the Prima Facie Standards Applied to Disparate Impact Claims Brought Under the Fair Housing Act (FHA) A. L3-4The Split as Noted Within the Ninth Circuit B. L3-4The Effect-Only Standard 1. United States v. City of Black Jack 2. Resident Advisory Board v. Rizzo C. L3-4The... |
1996 |
| Marc R. Poirier |
ENVIRONMENTAL JUSTICE AND THE BEACH ACCESS MOVEMENTS OF THE 1970S IN CONNECTICUT AND NEW JERSEY: STORIES OF PROPERTY AND CIVIL RIGHTS |
28 Connecticut Law Review 719 (Spring, 1996) |
I. Introduction II. Setting the Stage: Some Theoretical Predicates Concerning Beach Access and the Rhetoric of Law and Social Movements A. Property and Civil Rights Frameworks for Beach Access Narratives 1. The Property Approach 2. The Civil Rights Approach B. The Uses of Counternarrative C. The Importance of Studying the Interplay of Stories III.... |
1996 |
| Judith E. Koons |
FAIR HOUSING AND COMMUNITY EMPOWERMENT: WHERE THE ROOF MEETS REDEMPTION |
4 Georgetown Journal on Fighting Poverty 75 (Fall, 1996) |
Litigation as a Tool and Site of Empowerment in Preserving a Historic African-American Community from Municipal Destruction I. Introduction. 77 A. Miss Olivia's Dream. 77 B. The Struggle for Civil Rights. 78 1. From Canaan to Cocoa. 78 2. The Enduring Problem of the Color-Line. 79 3. Law as Tool and Terrain of Spiritual Change. 79 C. Overview of... |
1996 |
| Ilene J. Jacobs |
FARMWORKER HOUSING IN CALIFORNIA |
9 La Raza Law Journal 177 (1996) |
It is always a little humbling to be asked to talk about farm worker housing, since I doubt that as a farm worker housing advocate I have the courage or the fortitude to face the conditions that farm workers face. I can only speak about being a farm worker housing advocate. I was reminded recently that conditions for farm workers have not changed... |
1996 |
| Paula Beck |
FIGHTING SECTION 8 DISCRIMINATION: THE FAIR HOUSING ACT'S NEW FRONTIER |
31 Harvard Civil Rights-Civil Liberties Law Review 155 (Winter, 1996) |
After showing a six-bedroom house in a middle-class, primarily white Somerville, Massachusetts neighborhood to a Section 8 subsidized family of eight, a landlord expresses concern that the house is not large enough. He proceeds to show them a house that he thinks will be more acceptable. This house, however, is in a primarily African American... |
1996 |
| Cheryl I. Harris |
FINDING SOJOURNER'S TRUTH: RACE, GENDER, AND THE INSTITUTION OF PROPERTY |
18 Cardozo Law Review 309 (November, 1996) |
I want to say a few words about this matter. I am for a woman's rights. I have as much muscle as any man and can do as much work as any man. I have plowed and reaped and husked and chopped and mowed, and can any man do more than that? I have heard much about the sexes being equal; I can carry as much as any man, and can eat as much too, if I can... |
1996 |
| Cecil J. Hunt, II |
GUESTS IN ANOTHER'S HOUSE: AN ANALYSIS OF RACIALLY DISPARATE BAR PERFORMANCE |
23 Florida State University Law Review 721 (Winter, 1996) |
I. INTRODUCTION. 722 II. THE ABSENCE OF DATA. 726 A. State Practices. 726 B. State Studies. 728 C. Law School Admission Council Bar Study. 729 III. JUDICIAL CHALLENGES TO THE BAR EXAMINATION ON THE BASIS OF UNLAWFUL RACIAL DISCRIMINATION. 733 A. The Judicial Record. 733 1. Tyler v. Vickery. 734 2. Parrish v. Board of Commissioners of the Alabama... |
1996 |
| Michael P. Seng |
HATE SPEECH AND ENFORCEMENT OF THE FAIR HOUSING LAWS |
29 John Marshall Law Review 409 (Winter 1996) |
Aggressive enforcement of the fair housing laws need not be at the expense of the First Amendment. The Fair Housing Act (the Act) broadly prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin and disability. Specifically, the Act makes it unlawful to coerce, intimidate, threaten or interfere... |
1996 |
| Julian Bond |
HISTORICAL PERSPECTIVES ON FAIR HOUSING |
29 John Marshall Law Review 315 (Winter 1996) |
Last year and the first months of 1995 have been filled with observances which mark anniversaries of important events that have occurred in our nation's history. From these events, many quintessential American stories have developed -- stories lived and told by people who believe in a tomorrow. On June 8, 1944, fifty years ago last summer, my... |
1996 |
| Jason Dzubow |
HUD SHUTS THE DOOR: RESTRICTIONS ON HOUSING ASSISTANCE TO NONCITIZENS |
2 Hispanic Law Journal 47 (1996) |
I. Introduction. 48 II. The History of the Proposed Regulation. 50 III. The Current Proposed Regulation. 54 A. Restrictions on Assistance to Noncitizens. 55 B. The Impact of the Proposed Regulation. 59 IV. Legal Challenges to the Proposed Regulation. 65 A. Challenges to the System of Proration. 65 B. Challenges to the Regulation's Definition of... |
1996 |
| Robert Hochstein |
JEWISH PROPERTY RESTITUTION IN THE CZECH REPUBLIC |
19 Boston College International and Comparative Law Review 423 (Summer, 1996) |
The restitution of expropriated property has often been used to redress wrongs committed by prior regimes. Restitution of Jewish property was an integral part of the Federal Republic of Germany's (FRG) settlement talks with Israel after the fall of the Third Reich. Similarly, in the aftermath of communism, many Eastern European countries have made... |
1996 |
| Nicholas L. White |
KEEPING CURRENT - PROPERTY |
10-APR Probate and Property 29 (March/April, 1996) |
Keeping Current--Property offers a look at selected recent cases, rulings and regulations, literature and legislation. The editors of Probate & Property welcome any suggestions and contributions from readers. BANKRUPTCY: Discharge does not bar foreclosure. While debtor's personal liability on a mortgage note is discharged, the mortgage lien is... |
1996 |
| Peter Halewood |
LAW'S BODIES: DISEMBODIMENT AND THE STRUCTURE OF LIBERAL PROPERTY RIGHTS |
81 Iowa Law Review 1331 (July 1, 1996) |
I. Introduction: Personhood, Property Rights, and Commodification of the Body. 1332 II. Problems Confronting Liberal Legal Theories of Personhood and Property Rights. 1342 A. Liberal Legalism and the Body. 1342 B. Liberal Legal Formalism and Normativity. 1346 III. Origins of Liberal Legalism's Commitment to the Disembodied Self: Kant on the... |
1996 |
| David Abraham |
LIBERTY WITHOUT EQUALITY: THE PROPERTY-RIGHTS CONNECTION IN A "NEGATIVE CITIZENSHIP" REGIME |
21 Law and Social Inquiry 1 (Winter, 1996) |
Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our social state. But law, too, has played a significant material, as well as ideological, role and has provided... |
1996 |
| John A. Powell |
LIVING AND LEARNING: LINKING HOUSING AND EDUCATION |
80 Minnesota Law Review 749 (April, 1996) |
As courts struggle with how to remedy racial segregation in America's public schools, confusion persists over who bears ultimate responsibility for the harm of segregation, or even what constitutes harm in the context of segregation. Justice Thurgood Marshall, in his dissent from the Supreme Court's decision in Milliken v. Bradley, broadly... |
1996 |
| Michael H. Schill |
LOCAL ENFORCEMENT OF LAWS PROHIBITING DISCRIMINATION IN HOUSING: THE NEW YORK CITY HUMAN RIGHTS COMMISSION |
23 Fordham Urban Law Journal 991 (Summer 1996) |
The year 1995 marks the fortieth anniversary of the New York City Human Rights Commission. Founded in 1955 by Mayor Fiorello LaGuardia, the Commission began its life primarily dedicated to promoting open housing for New York's racial and ethnic minorities. Two years after it was created, the Commission took on an important role in enforcing the... |
1996 |
| Sarah Rigdon Bensinger |
MAXIMIZING DAMAGES FOR FAIR HOUSING ORGANIZATIONS UNDER THE FAIR HOUSING ACT |
5-SPG Journal of Affordable Housing & Community Development Law 227 (Spring, 1996) |
Despite the efforts of lawmakers over the past thirty years, discrimination in housing still pervades the United States. Today, litigation against those who discriminate remains one of the most effective tools for promoting equal housing opportunity for all. To ensure such equal opportunity, Congress enacted the Fair Housing Act of 1968 (FHA) to... |
1996 |
| Robert Hornstein |
MEAN THINGS HAPPENING IN THIS LAND : DEFENDING THIRD PARTY CRIMINAL ACTIVITY PUBLIC HOUSING EVICTIONS |
23 Southern University Law Review 257 (Spring 1996) |
The greatest of our evils and the worst of our crimes is poverty. In 1989, United States Department of Housing and Urban Development (hereinafter HUD) Secretary Jack Kemp declared: I am determined that federal taxpayers will not be required to subsidize the rent of drug dealers and users or violent criminals. The year before--which was the year... |
1996 |
| Joseph William Singer |
NO RIGHT TO EXCLUDE: PUBLIC ACCOMMODATIONS AND PRIVATE PROPERTY |
90 Northwestern University Law Review 1283 (Summer 1996) |
I. The Puzzling Gap in Public Accommodations Law. 1286 A. Why Retail Stores May Not Be Public Accommodations. 1286 B. What is Surprising About the Common-Law Rule. 1291 C. Outline of the Argument. 1298 II. The Hidden History of The Duty to Serve. 1303 A. The Antebellum Period and Preclassical Legal Thought. 1303 1. The Scope of Public... |
1996 |
| Deborah Kenn |
ONE NATION'S DREAM, ANOTHER'S REALITY: HOUSING JUSTICE IN SWEDEN |
22 Brooklyn Journal of International Law 63 (1996) |
A country where everyone lives in decent housing which costs less than 25% of their income? A country where everyone has the choice between rental housing, cooperative housing, and single-family housing? A country where lack of individual financial resources does not relegate one to living in central city slums? A dream world? No. Affordable,... |
1996 |
| Jeremy Adelman |
PROPERTY RULES OR THE RULE OF PROPERTY? CAROL ROSE ON THE HISTORY, THEORY, AND RHETORIC OF OWNERSHIP |
21 Law and Social Inquiry 1041 (Fall, 1996) |
The past 15 years have witnessed a dramatic shift in balance between public and private power. Newt Gingrich's revival of the traditional skein of American contractualism and efforts to blend it with an apocalyptic technological determinism is more than a legislative turn. It culminates a battle over the role of law in economic development. The... |
1996 |
| Louis Kaplow, Steven Shavell |
PROPERTY RULES VERSUS LIABILITY RULES: AN ECONOMIC ANALYSIS |
109 Harvard Law Review 713 (February, 1996) |
C1-3TABLE OF CONTENTS PAGE I. Introduction. 715 II. Harmful Externalities. 723 A. Parties Do Not Bargain with Each Other. 724 1. State's Information Is Perfect. 724 2. State's Information Is Imperfect. 725 3. Concerns About the Use of Liability Rules When the State's Information Is Imperfect. 728 (a) The Possibility That Difficulty in Estimating... |
1996 |
| Margaret A. Burnham |
PROPERTY, PARENTHOOD, AND PEONAGE: REFLECTIONS ON THE RETURN TO STATUS QUO ANTEBELLUM |
18 Cardozo Law Review 433 (November, 1996) |
Cheryl Harris demonstrates how intertwining racial and gender boundaries, whose shadows are long, longstanding, and ominous, were initially constructed around the legal principle of human chattel as personal property. She insightfully argues that slavery inextricably linked the concepts of race and property in the American legal imagination; that... |
1996 |
| Justin D. Cummins |
RECASTING FAIR SHARE: TOWARD EFFECTIVE HOUSING LAW AND PRINCIPLED SOCIAL POLICY |
14 Law & Inequality: A Journal of Theory and Practice 339 (June, 1996) |
Introduction 340 I. The Context and Consequences of Current Legal and Policy Failure 341 A. The Significance of Housing: The Close Nexus with Critical Institutions 342 B. The History of Housing Patterns: Free-Market Choice for Some 351 C. The Ramifications of a Racialized Housing Market: Regional Decline 358 D. The Aftermath of the Fair Housing... |
1996 |
| Joan Williams |
RECOVERING THE FULL COMPLEXITY OF OUR TRADITIONS: NEW DEVELOPMENTS IN PROPERTY THEORY |
46 Journal of Legal Education 596 (December, 1996) |
Common sense is not what the mind cleared of cant spontaneously apprehends; it is what the mind filled with presuppositions ... concludes. Any essay on theory must begin by remembering that legal education is plagued not only by too little theory but by too little focus on practice. I remember my distress as a student when I completed a full-year... |
1996 |
| Michael Kent Curtis |
RESURRECTING THE PRIVILEGES OR IMMUNITIES CLAUSE AND REVISING THE SLAUGHTER–HOUSE CASES WITHOUT EXHUMING LOCHNER: INDIVIDUAL RIGHTS AND THE FOURTEENTH AMENDMENT |
38 Boston College Law Review 1 (December, 1996) |
The decision in the SlaughterHouse Cases liquidated the Privileges or Immunities Clause of the Fourteenth Amendment. The Clause has never been resurrected. On the larger question of national protection for civil liberties, the decision no longer means what it says because much of the damage done by SlaughterHouse has been corrected under the Due... |
1996 |
| Michelle Adams |
SEPARATE AND [UN]EQUAL: HOUSING CHOICE, MOBILITY, AND EQUALIZATION IN THE FEDERALLY SUBSIDIZED HOUSING PROGRAM |
71 Tulane Law Review 413 (December, 1996) |
The history of racial discrimination and inequality in the federally subsidized housing program is extensive and well-documented. For a number of years, commentators have sought to identify types of systemic housing discrimination and determine appropriate remedies for it. Advocates of two commonly discussed methods of remediation--spatial equality... |
1996 |
| Stewart M. Wiener |
SUBSTANTIVE DUE PROCESS IN THE TWILIGHT ZONE: PROTECTING PROPERTY INTERESTS FROM ARBITRARY LAND USE DECISIONS |
69 Temple Law Review 1467 (Winter 1996) |
Government is no more wise, compassionate, or understanding when it regulates the economic marketplace than when it censors expression. In zoning matters . . . [c]onsiderations fundamental to the purpose of land-use regulation are swept away as the authorities succumb to their own desires and fears as well as [the desires] of those who exert most... |
1996 |
| Rosemarie Maldonado , Robert D. Rose |
THE APPLICATION OF CIVIL RIGHTS LAWS TO HOUSING COOPERATIVES: ARE CO-OPS BASTIONS OF DISCRIMINATORY EXCLUSION OR SELF-SELECTING MODELS OF COMMUNITY-BASED LIVING? |
23 Fordham Urban Law Journal 1245 (Summer 1996) |
New York City has the largest market for cooperative apartments in the nation. The popularity of cooperatives is due, at least in part, to their self-governing aspect, which is effectuated by a board of directors. Self-governance enables tenant-shareholders to carefully maintain and control their living environment including who gains admission to... |
1996 |
| Mary Caroline Lee |
THE CONFLICT BETWEEN "FAIR HOUSING" AND FREE SPEECH |
4 William & Mary Bill of Rights Journal 1223 (Summer 1996) |
Under the Fair Housing Act and its 1988 amendments, the Department of Housing and Urban Development has the power to investigate alleged discrimination in public housing. The targets of these investigations are often neighborhood organizations and community groups voicing their opposition to the placement of public housing in their neighborhoods.... |
1996 |
| Scott A. Johnson |
THE CONFLICT BETWEEN RELIGIOUS EXERCISE AND EFFORTS TO ERADICATE HOUSING DISCRIMINATION AGAINST NONTRADITIONAL COUPLES: SHOULD FREE EXERCISE PROTECT LANDLORD BIAS? |
53 Washington and Lee Law Review 351 (1996) |
Traditional religious beliefs have increasingly come under fire in today's society, in part due to the widening gulf that exists between the morals and ideals of traditional religions and the views of modern secular society. The rise of the religious right in the political arena has brought about a rhetoric derogatory of all who place religion as... |
1996 |