AuthorTitleCitationSummaryYear
Lisa J. Laplace THE LEGALITY OF INTEGRATION MAINTENANCE QUOTAS: FAIR HOUSING OR FORCED HOUSING 55 Brooklyn Law Review 197 (Spring, 1989) You can't hold a man down without staying down with him. Attributed to Booker Taliaferro Washington Achieving meaningful equality in the distribution of American housing is a pernicious issue. Few social problems carry as much portent for our nation's future. During the floor debates on the Fair Housing Act of 1968 (Act), Senator Mondale addressed... 1989
Mary A. Fiorino ADVERTISING FOR APARTHEID: THE USE OF ALL WHITE MODELS IN MARKETING REAL ESTATE AS A VIOLATION OF THE FAIR HOUSING ACT 56 University of Cincinnati Law Review 1429 (1988) The Fair Housing Act of 1968 was enacted almost impulsively by Congress in order to remedy the pattern of residential apartheid which had developed throughout the nation. The law proscribed discrimination in perhaps the most sensitive area of civil rights legislationthe sale and rental of real estate. Over objections of coercion, violation of... 1988
Stanley P. Stocker-Edwards BLACK HOUSING 1860-1980: THE DEVELOPMENT, PERPETUATION, AND ATTEMPTS TO ERADICATE THE DUAL HOUSING MARKET IN AMERICA 5 Harvard BlackLetter Journal 50 (April 1, 1988) In 1968 Congress passed Title VIII of the Civil Rights Act of 1968 known as of the Fair Housing Act. Hailed as the most forceful federal weapon against discrimination in housing, Title VIII and Jones v. Alfred H. Mayer Co., decided the same year, promised to eliminate discrimination in the housing market that had existed for most of the century.... 1988
Clifford W. Schulz , Gregory S. Weber CHANGING JUDICIAL ATTITUDES TOWARDS PROPERTY RIGHTS IN CALIFORNIA WATER RESOURCES: FROM VESTED RIGHTS TO UTILITARIAN REALLOCATION 19 Pacific Law Journal 1031 (July, 1988) I. Introduction. 1032 II. The Nature of Property Interests. 1033 III. Common Law and Civil Law Sources for Private Property Interests in California Waters. 1037 A. Roman and Civil Law Sources. 1038 B. Common Law Development of Property in Water. 1040 C. Early Cases From the Eastern United States. 1044 IV. Traditional Judicial Attitudes in... 1988
D. Smith DISCRIMINATORY HOUSING PRACTICES: ESTABLISH FAIR HOUSING PROGRAM AND COMPLAINT PROCESS 5 Georgia State University Law Review 194 (Fall, 1988) Code Sections: O.C.G.A. §§ 8-3-200 to -208 (amended), 8-3-209 to -215 (new) Bill Number: HB 430 Act Number: 1246 Summary: The Act supercedes previous laws addressing discrimination in the selling, leasing, and financing of housing and establishes new provisions prohibiting housing discrimination. The new provisions are substantially equivalent to... 1988
Marvin Krislov ENSURING TENANT CONSULTATION BEFORE PUBLIC HOUSING IS DEMOLISHED OR SOLD 97 Yale Law Journal 1745 (July, 1988) More than four million Americans live in federally funded public housing. Hundreds of thousands of others are waiting for apartments. These low-income families face an ever-growing shortage of affordable housing due to insufficient construction of public housing, demolition and sale of existing units, and tight supply in the private sector. When... 1988
Dorn Bishop FAIR HOUSING AND THE CONSTTITUTIONALITY OF GOVERNMENTAL MEASURES AFFECTING COMMUNITY ETHICITY 55 University of Chicago Law Review 1229 (Fall, 1988) In response to a continuing exodus of blacks from urban settings, a number of traditionally white suburbs have sought, using one device or another, to limit black entry into their communities. These measures affecting community ethnicity (MACEs) can assume a wide variety of forms, ranging in degree from direct ceiling quotas on black population, to... 1988
Richard H. Sander INDIVIDUAL RIGHTS AND DEMOGRAPHIC REALITIES: THE PROBLEM OF FAIR HOUSING 82 Northwestern University Law Review 874 (Spring, 1988) Forty years ago, in his classic work An American Dilemma, the Swedish scholar Gunnar Myrdal sought to explain the paradox of nearly universal discrimination against blacks in the United Statesa nation generally committed to the highest ideals of democracy, freedom, and opportunity. Myrdal decided that a vicious cycle had arisen in America, in... 1988
Robert G. Schwemm PRIVATE ENFORCEMENT AND THE FAIR HOUSING ACT 6 Yale Law and Policy Review 375 (1988) The first section of the Fair Housing Act declares that i t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm... 1988
Marc A. Kushner THE LEGALITY OF RACE-CONSCIOUS ACCESS QUOTAS UNDER THE FAIR HOUSING ACT OF 1968 9 Cardozo Law Review 1053 (February, 1988) Nearly twenty years after the passage of the Fair Housing Act of 1968 (Fair Housing Act or title VIII of the Civil Rights Act of 1968), [h] ousing has been called the last major frontier in civil rights' and the area of least success. The persistence of housing discrimination in an era of declining federal enforcement of fair housing laws... 1988
Joseph William Singer THE RELIANCE INTEREST IN PROPERTY 40 Stanford Law Review 611 (February, 1988) C1-3TABLE OF CONTENTS I. THE PLANT CLOSING PROBLEM. 614 A. The Setting. 614 B. Can Relationships Create Property Rights?. 618 C. Comments on Methodology. 623 1. Normative argument. 623 2. Social vision. 627 3. Common law development. 628 4. Political economy. 631 II. SOCIAL VISION: RELIANCE ON RELATIONSHIPS. 632 A. The Free Market Model. 633 B.... 1988
Lieutenant Commander E. Roy Hawkens COMMENT: GRIFFEN V. GRIFFISS AIR FORCE BASE: QUALIFIED IMMUNITY AND THE COMMANDER'S LIABILITY FOR OPEN HOUSES ON MILITARY BASES 117 Military Law Review 279 (Summer, 1987) An open house on a military base is an activity through which a base commander promotes favorable relations between his military base and the local community. During the open house, the general public is invited to visit the base to gain a better understanding of military life generally and the base mission specifically. Air Force base commanders... 1987
Ira C. Lupu HOME EDUCATION, RELIGIOUS LIBERTY, AND THE SEPARATION OF POWERS 67 Boston University Law Review 971 (November, 1987) We have recently witnessed much religious controversy, constitutional and otherwise. One of the battlegrounds on which recent struggles have been fought is both familiar and familial. Many deeply religious parents have asserted, in a variety of settings, a constitutional right to educate their children exclusively at home. States have responded to... 1987
Regina Cahan HOME IS NO HAVEN: AN ANALYSIS OF SEXUAL HARASSMENT IN HOUSING 1987 Wisconsin Law Review 1061 (1987) Sexual harassment has appeared in a new context: housing. Or, perhaps, sexual harassment always infested the housing sphere but has only recently been acknowledged. In either event, society must recognize and confront sexual harassment in housing. This Comment demonstrates that sexual harassment in housing is a societal ill which needs to be... 1987
Donna Mascari HOMELESS FAMILIES: DO THEY HAVE A RIGHT TO INTEGRITY? 35 UCLA Law Review 159 (October, 1987) I. Homelessness in the United States. 162 A. A Growing Social Problem. 162 B. Causes. 168 1. Unemployment. 169 2. Welfare Policies. 170 3. Housing Policies. 171 C. Judicial Responses. 174 II. Homeless Families in the United States. 179 A. The Unique Problems Facing Homeless Families. 179 B. The United States Constitution Protects a Family's Desire... 1987
John T. Sanders JUSTICE AND THE INITIAL ACQUISITION OF PROPERTY 10 Harvard Journal of Law & Public Policy 367 (Spring, 1987) Any political theory, any economic theory, any ethical theory--perhaps any theory whatsoever that deals with human behavior, whether individual or social--is likely to have something to say about property. Theories may be more or less explicit on this score, and it is, of course, quite possible for theories to ignore the issue of property for... 1987
Herman Schwartz PROPERTY RIGHTS AND THE CONSTITUTION: WILL THE UGLY DUCKLING BECOME A SWAN? 37 American University Law Review 9 (Fall, 1987) C1-3TABLE OF CONTENTS Introduction. 9 I. The Historical Argument. 14 A. John Locke and the Constitution. 14 1. Locke's influence. 14 2. Locke's own views. 16 II. Contemporary Thought and Practice. 19 A. Contemporary thought. 19 B. Contemporary practice. 21 C. The protection property has gotten. 26 III. The Future. 30 Conclusion. 39 1987
Charles McC. Mathias, Jr. THE FAIR HOUSING AMENDMENTS ACT 15 Real Estate Law Journal 353 (Spring, 1987) In 1980, the U.S. Department of Housing and Urban Development estimated that 2 million instances of racial discrimination occur in the housing market each year. That does not begin to count the additional instances of discrimination against the disabled and against families with children. Discrimination in housing is with us today as much as ever.... 1987
Richard P. Eckman , Andrew T. Semmelman A LOOK AT HOME EQUITY LOANS: SOME PROBLEMS AND SOLUTIONS 41 Business Lawyer 1079 (May, 1986) A line of credit secured by the equity in a person's home has become an attractive and increasingly popular way to lend money to consumer borrowers. Offered by banks, savings and loan associations, finance companies, and brokerage firms (referred to collectively as lenders' or creditors'), these so-called home equity loans usually are priced at a... 1986
Christopher P. McCormack BUSINESS NECESSITY IN TITLE VIII: IMPORTING AN EMPLOYMENT DISCRIMINATION DOCTRINE INTO THE FAIR HOUSING ACT 54 Fordham Law Review 563 (March, 1986) During the 1960's, Congress enacted two analogous statutes to remedy discrimination in areas of pervasive significance. The first, Title VII of the 1964 Civil Rights Act, was addressed to discrimination in employment. It was followed four years later by the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, a comparable prohibition of... 1986
Inez Smith Reid LAW, POLITICS AND THE HOMELESS 89 West Virginia Law Review 115 (Fall, 1986) The plight of the homeless is one of the most vexing social problems confronting policy makers in this country. So pervasive is this problem that it touched the 1984 presidential election, and prompted the incumbent president to make a promise concerning the establishment of a model facility for the homeless in Washington, D.C., a promise that... 1986
John Pray STATE v. SEREBIN: CAUSATION AND THE CRIMINAL LIABILITY OF NURSING HOME ADMINISTRATORS 1986 Wisconsin Law Review 339 (1986) Causation is an element in most criminal cases, yet it rarely is a disputed issue. In State v. Serebin, the Wisconsin Supreme Court discussed the issue of causation as applied to the case of a nursing home administrator who had been convicted of neglect of residents and homicide by reckless conduct. The neglect conviction was based on the... 1986
Deborah Kemp THE 1968 FAIR HOUSING ACT: HAVE ITS GOALS BEEN ACCOMPLISHED? 14 Real Estate Law Journal 327 (Spring, 1986) Two separate legislative acts are employed to promote fair housing by the federal government. First, the Civil Rights Act of 1866 states, [A]ll citizens of the United States shall have the same right in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property.... 1986
Frederic S. Schwartz THE FAIR HOUSING ACT AND 'DISCRIMINATORY EFFECT': A NEW PRESPECTIVE 11 Nova Law Review 71 (Fall, 1986) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, prohibits discrimination in housing. The Act provides that it shall be unlawful: To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race,... 1986
Robert P. Burns BLACKSTONE'S THEORY OF THE "ABSOLUTE" RIGHTS OF PROPERTY 54 University of Cincinnati Law Review 67 (1985) To conservative American lawyers like Nathaniel Chipman, casting a fearful eye in the direction of Jacksonian democracy, Blackstone's Commentaries on the Laws of England represented a reasoned philosophical and legal defense of the common law rights of private property. As against Locke, Blackstone had demonstrated that property was an absolute... 1985
Daniel R. Mandelker COMBATING HOUSING DISCRIMINATION IN THE 1980'S 20 Harvard Civil Rights-Civil Liberties Law Review 537 (Summer, 1985) Racial and other forms of housing discrimination no longer occupy a leading place on the public agenda, but the problem has hardly gone away. As a recent study by the U.S. Department of Housing and Urban Development shows, housing discrimination persists sixteen years after Congress enacted the Fair Housing Act in 1968. Professor Kushner's... 1985
Rodney A. Smolla IN PURSUIT OF RACIAL UTOPIAS: FAIR HOUSING, QUOTAS, AND GOALS IN THE 1980'S 58 Southern California Law Review 947 (May, 1985) In a clever bit of fantasy published in the Yale Law Journal in 1962, Boris Bittker created a mythical town, New Harmony, Illinois, with a mythical law, the checker-board ordinance, enacted as an experiment in race relations. Bittker's New Harmony was incorporated in the early 1960's by a group of public-spirited persons, both black and white,... 1985
John Hugh Gilmore INSURANCE REDLINING & THE FAIR HOUSING ACT: THE LOST OPPORTUNITY OF MACKEY V. NATIONWIDE INSURANCE COMPANIES 34 Catholic University Law Review 563 (Winter, 1985) Redlining has been defined as credit discrimination based upon the characteristics of the neighborhood surrounding the borrower's dwelling. Its effects are both devastating and well-documented. Although the forms of redlining have become more subtle, they have not been eliminated. Indeed, the elimination of discriminatory redlining has been... 1985
Eugene R. Gaetke REFUTING THE 'CLASSIC' PROPERTY CLAUSE THEORY 63 North Carolina Law Review 617 (April, 1985) In a series of cases the Supreme Court has recognized broad, pre-emptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which... 1985
Richard C. Stanley AGE RESTRICTIONS IN HOUSING: THE DENIAL OF THE FAMILY'S RIGHT TO ITS INTEGRITY 19 Harvard Civil Rights-Civil Liberties Law Review 61 (Winter, 1984) Discrimination on the basis of age is such a common part of our lives that few of us give any attention to age restrictions when we encounter them. Age barriers are attached to voting, driving, and purchasing liquor. Age restrictions in these contexts are based on distinctions we generally consider legitimate, despite their intrusiveness on the... 1984
Robert F. Drinan, S.J. UNTYING THE WHITE NOOSE 94 Yale Law Journal 435 (December, 1984) Why haven't the nation's neighborhoods become as racially integrated as its public schools and work places have over the past generation? Would our neighborhoods look different if laws forbidding discrimination in housing were as strict and as vigorously enforced as laws banning discrimination in education and employment? That they would indeed is... 1984
Marjorie Gelb , JoAnne Frankfurt CALIFORNIA'S FAIR EMPLOYMENT AND HOUSING ACT: A VIABLE STATE REMEDY FOR EMPLOYMENT DISCRIMINATION 34 Hastings Law Journal 1055 (May/July, 1983) Fair employment laws, which originated in this country in 1941 when President Franklin D. Roosevelt issued an executive proclamation prohibiting race discrimination in government defense contracts, have increased in scope substantially over the years. The California Fair Employment Practices Act was passed in 1959, and was followed five years later... 1983
Joan M. Youngman DEFINING AND VALUING THE BASE OF THE PROPERTY TAX 58 Washington Law Review 713 (November, 1983) I. L2-4,T2INTRODUCTION. .715 II. L2-4,T2VALUATION OF PROPERTY SUBJECT TO ALONG-TERM LEASE. .718 A. L3-4,T3Contract Versus Fair Market Rent. .718 B. L3-4,T3The Effect of Statutory Language. .721 C. L3-4,T3Reasoning from the Nature and Purposes of the Tax. .725 1. S55Taxing All Interests in Property. .725 2. Horizontal Equity. .727 3. Taxing the... 1983
Robert R. Harding HOUSING DISCRIMINATION AS A BASIS FOR INTERDISTRICT SCHOOL DESEGREGATION REMEDIES 93 Yale Law Journal 340 (December, 1983) The Supreme Court's 1974 decision in Milliken v. Bradley erected formidable barriers to interdistrict school desegregation relief. The Court held that lower courts may not institute interdistrict remedies absent proof of official discrimination in all school districts included in such remedies. It is thus the exclusively white suburbs that are most... 1983
Richard F. Muth REDISTRIBUTION OF INCOME THROUGH REGULATION IN HOUSING 32 Emory Law Journal 691 (Summer, 1983) Housing is not only one of the major components of consumer expenditure, but it is one of the principal targets of regulations affecting both production and consumption. As a result, it is important to consider the impact of legal regulation on housing and its implication for the distribution of well-being among the various members of society.... 1983
Margaret Jane Radin PROPERTY AND PERSONHOOD 34 Stanford Law Review 957 (May, 1982) This article explores the relationship between property and personhood, a relationship that has commonly been both ignored and taken for granted in legal thought. The premise underlying the personhood perspective is that to achieve proper self-development--to be a person--an individual needs some control over resources in the external environment.... 1982
William C. Nussbaum PUBLIC HOUSING: CHOOSING AMONG FAMILIES IN NEED OF HOUSING 77 Northwestern University Law Review 700 (December, 1982) The waiting list for admission to public housing in one American city contains over fifty thousand names. Throughout the country, the number of families seeking public housing vastly exceeds the number of available units. To differentiate among these applicants for low income housing, local housing authorities frequently have used admission... 1982
Ronald Friend SHARED APPRECIATION MORTGAGES 34 Hastings Law Journal 329 (November, 1982) I. The Statutory and Nonstatutory Shared Appreciation Mortgage A. California Statutory Shared Appreciation Mortgages B. Nonstatutory Shared Appreciation Mortgages II. Legal Questions A. Usury 1. General Considerations 2. Contingency Rule 3. Usury Conclusion B. Lien Priorities 1. Priority of Alternative Mortgage Instruments 2. Treatment as Interest... 1982
  2. PROPERTY RIGHTS AND EQUAL PROTECTION 95 Harvard Law Review Association 310 (November, 1981) The Supreme Court has addressed the relevance of discriminatory motive in several racial discrimination cases in the last decade. However, the Court has yet to address the issue in the context of the equal property rights guaranteed by 42 U.S.C. 1982. Last Term, in City of Memphis v. Greene, the Court focused on narrow factual issues and missed an... 1981
Robert G. Schwemm COMPENSATORY DAMAGES IN FEDERAL FAIR HOUSING CASES 16 Harvard Civil Rights-Civil Liberties Law Review 83 (Summer, 1981) The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of... 1981
  WHY JOHNNY CAN'T RENT – AN EXAMINATION OF LAWS PROHIBITING DISCRIMINATION AGAINST FAMILIES IN RENTAL HOUSING 94 Harvard Law Review 1829 (June, 1981) America's rental housing market is failing. In many localities apartments are critically scarce, yet a lethargic construction industry seems unable to ease the shortage. High interest rates and inflation have made investors wary of development opportunities. Consequently, recent construction has consisted mainly of high-rent units, leaving large... 1981
Curtis J. Berger AWAY FROM THE COURT HOUSE AND INTO THE FIELD: THE ODYSSEY OF A SPECIAL MASTER 78 Columbia Law Review 707 (May, 1978) New York City's vast public school system instructs nearly 1.3 million youngsters daily. A byzantine bureaucracy, headed by a Chancellor and a central board, governs this system. Since 1970, some power has been shared with locally elected boards in the thirty-one school districts into which the city is divided. One of these local bodies, Community... 1978
  2. PROPRIETY OF METROPOLITAN ORDERS TO REMEDY DISCRIMINATION IN PUBLIC HOUSING 90 Harvard Law Review 223 (November, 1976) In Hills v. Gautreaux, the Supreme Court unanimously held that a federal court may order a federal housing authority to undertake remedial efforts in a metropolitan area, even when the proven effects of the agency's constitutional violation are limited to the inner city. In so doing, however, the Court reaffirmed the significance of Milliken v.... 1976
Judith R. Blakeway CONSTITUTIONAL LAW 54 Texas Law Review 641 (March, 1976) The Biscayne Bay Yacht Club leased bay bottom land, essential to the maintenance of the private club's docking and mooring facilities, from the City of Miami for an annual rental of one dollar. Plaintiffs, Harry Golden and David Fincher, a Jew and a black respectively, expressed interest in joining the club and requested membership applications.... 1976
  CIVIL RIGHTS - 42 U.S.C. § 1982 - BLACK HOMEBUYERS ARE ENTITLED TO DAMAGES EQUAL TO THE INCREMENTS IN PRICES OF HOMES IN BLACK NEIGHBORHOODS THAT RESULT FROM DUAL HOUSING MARKETS CAUSED BY RACIAL DISCRIMINATION 88 Harvard Law Review 1610 (May, 1975) Clark v. Universal Builders, Inc., 501 F.2d 324 (7th Cir.), cert. denied, 95 S. Ct. 657 (1974). In Jones v. Alfred H. Mayer Co., the Supreme Court held that 42 U.S.C. § 1982, a long-dormant section of the Civil Rights Act of 1866, prohibits private discrimination based on race in the sale or rental of property. Relying on Jones, the United States... 1975
  CIVIL RIGHTS - FAIR HOUSING - PRIVATE LANDLORD'S REQUIREMENT THAT TENANTS HAVE NET WEEKLY INCOME EQUAL TO NINETY PERCENT OF MONTHLY RENT DOES NOT VIOLATE CIVIL RIGHTS LAWS DESPITE DISPROPORTIONATE DISQUALIFICATION OF MINORITIES 88 Harvard Law Review 1631 (May, 1975) Boyd v. Lefrak Organization, 509 F.2d 1110 (2d Cir. 1975). In Boyd v. Lefrak Organization, the United States Court of Appeals for the Second Circuit, reversing the district court, held that a naked statistical argument was insufficient to support a claim of statutorily proscribed racial discrimination in the rental of housing. Lefrak, a private... 1975
  HOUSING COMPLAINT 1974-DEC Army Lawyer 8 (December, 1974) The study that follows is the fifth of several case studies for the Handbook on Race Relations. The Judge Advocate General has tasked TJAGSA to draft this handbook and preview various portions in The Army Lawyer. Additional installments in this series will be following. With the closing of Fort Delmar, Jackson Rigney, a black staff sergeant (E-6),... 1974
Bruce L. Ackerman INTEGRATION FOR SUBSIDIZED HOUSING AND THE QUESTION OF RACIAL OCCUPANCY CONTROLS 26 Stanford Law Review 245 (January, 1974) Court decisions in recent years have directed the Department of Housing and Urban Development (HUD) and local housing authorities to select or approve a substantial number of housing project sites outside areas of racial minority concentration. In part these decisions share the theme that minority families eligible for federally subsidized housing... 1974
Kellis E. Parker, Associate Professor of Law, Columbia University School of Law THE ADMINISTRATION OF PUBLICLY-AIDED HOUSING 74 Columbia Law Review 139 (January, 1974) Open my ears to music; let Me thrill with Spring's first flutes and drums But never let me dare forget The bitter ballads of the slums. President Nixon's moratorium on new commitments of federal funds for housing has given the poor more cause to sing the bitter ballads of the slums. It is now clear that the President would like to terminate the... 1974
  THE LIMITS OF LITIGATION: PUBLIC HOUSING SITE SELECTION AND THE FAILURE OF INJUNCTIVE RELIEF 122 University of Pennsylvania Law Review 1330 (May, 1974) Mr. Justice Holmes once wrote that [h]ousing is a necessary of life, yet for millions of Americans, satisfactory housing has never been anything more than an unfulfilled promise. In partial response to this national failure, and to the exacerbation of that failure since the 1930's, Congress has attempted to provide legislative relief through... 1974
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