AuthorTitleCitationSummaryYear
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
  PROCEDURAL DUE PROCESS IN GOVERNMENT-SUBSIDIZED HOUSING 86 Harvard Law Review 880 (March, 1973) The government as landlord is still the government. That principle, articulated in 1955 in Rudder v. United States, was for many years applied primarily to insure that public housing tenants were not required to sacrifice rights of speech or association in order to retain their apartments. Within the past three years, however, the Supreme Court's... 1973
Ewart Guinier THE CASE FOR BLACK REPARATIONS. BY BORIS I. BITTKER. NEW YORK: RANDOM HOUSE, 1973. PP. 191 (INCLUDING TWO APPENDICES). $7.95 (CLOTH-BOUND), $1.95 (PAPERBACK) 82 Yale Law Journal 1719 (July, 1973) James Forman burst into the Riverside Church in New York City in 1969 and demanded that white churches, Jewish synagogues, and all other racist institutions pay reparations to blacks for the wrongs done by America to slaves and the children of slaves. Boris Bittker heard and listened, and was moved to write this book. The com pleat lawyer, he... 1973
Robert Pozen THE FINANCING OF LOCAL HOUSING AUTHORITIES: A CONTRACT APPROACH FOR PUBLIC CORPORATIONS 82 Yale Law Journal 1208 (May, 1973) The public housing program has been run by Local Housing Authorities (LHA's) since the program began in 1937. When constructing new units LHA's float tax-free bonds, guaranteed and subsidized by the federal government. Ongoing operating costs were, until 1969, generally satisfied by rental revenues without financial assistance from the federal... 1973
  ADMINISTRATIVE LAW--URBAN RENEWAL--HUD HAS AFFIRMATIVE DUTY TO CONSIDER LOW INCOME HOUSING'S IMPACT UPON RACIAL CONCENTRATION 85 Harvard Law Review 870 (February, 1972) In 1958 the United States Department of Housing and Urban Development (HUD) approved an urban renewal plan for the East Poplar area of North Philadelphia under which a portion of the area would be redeveloped primarily with single family owner-occupied homes. By 1966 this original concept had been frustrated for various reasons, and HUD informally... 1972
  TOWARD IMPROVED HOUSING OPPORTUNITIES: A NEW DIRECTION FOR ZONING LAW 121 University of Pennsylvania Law Review 330 (December, 1972) The problems arising from the present state of the law applicable to land development in American suburbs by now are familiar. It is a commonplace to observe that Euclidean zoning's static approach was doomed to disappoint in a dynamic world. The poverty of the conventional solutionresort to the amendment processhas likewise become clear with... 1972
  1. REQUIRED REFERENDUM FOR LOW-INCOME HOUSING 85 Harvard Law Review 122 (November, 1971) For many years the California constitution has authorized referendum repeal of local ordinances upon petition of ten percent of the electorate in any relevant subdivision. Apart from these voterinitiated referenda, Article 34 of the state constitution requires a referendum in any self-governing subdivision to approve development of federally... 1971
  DAMAGES - MENTAL DISTRESS - DAMAGES RECOVERABLE FOR MENTAL DISTRESS RESULTING FROM RACIAL DISCRIMINATION IN HOUSING RENTAL. - GRAY v. SERRUTO BUILDERS, INC., 110 N.J. SUPER. 297, 265 A.2D 404 (CH. 1970) 84 Harvard Law Review 746 (January, 1971) During late 1967 William Gray, a black man, unsuccessfully attempted to rent an apartment from Serruto Builders. In December the Montclair Fair Housing Commission, to whom he had complained, informed him that Serruto had available apartments. Gray again spoke to Laurence, the superintendent, who said that despite a vacancy sign in plain view no... 1971
  DISCRIMINATORY HOUSING MARKETS, RACIAL UNCONSCIONABILITY, AND SECTION 1988: THE CONTRACT BUYERS LEAGUE CASE 80 Yale Law Journal 516 (January, 1971) In the spring of 1968, the Supreme Court revived Section 1 of the 1866 Civil Rights Act from a century of quiescence: All 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. Jones v. Alfred H.... 1971
George Lefcoe HUD'S AUTHORITY TO MANDATE TENANTS' RIGHTS IN PUBLIC HOUSING 80 Yale Law Journal 463 (January, 1971) The Secretary of the U.S. Department of Housing and Urban Development has recently mandated more favorable lease terms and grievance procedures for the 2.5 million tenants who reside in public housing. This action grew out of a series of meetings conducted by HUD with representatives of tenants and the local agencies which manage public housing. In... 1971
  LANDLORD-TENANT - LANDLORD'S VIOLATION OF HOUSING CODE DURING LEASE TERM IS BREACH OF IMPLIED WARRANTY OF HABITABILITY CONSTITUTING PARTIAL OR TOTAL DEFENSE TO AN EVICTION ACTION BASED ON NONPAYMENT OF RENT. - JAVINS v. FIRST NATIONAL REALTY CORP., 42S F. 84 Harvard Law Review 729 (January, 1971) In April 1966, First National Realty Corporation as landlord filed separate actions seeking possession of premises occupied by Javins and two other tenants based on their failure to pay rent. Admitting nonpayment, the tenants alleged as an equitable defense that since commencement of their lease terms approximately 1500 violations of the Housing... 1971
Bruce Ackerman REGULATING SLUM HOUSING MARKETS ON BEHALF OF THE POOR: OF HOUSING CODES, HOUSING SUBSIDIES AND INCOME REDISTRIBUTION POLICY 80 Yale Law Journal 1093 (May, 1971) The general failure of city officials to embark on a sustained and comprehensive program of housing code enforcement may be explained by a variety of factors: housing codes often contain obsolete or impractical requirements; successful code enforcement does notyield great political dividends for the incumbent administration; since code enforcement... 1971
William T. Hankinson REMEDIES 50 Texas Law Review 204 (December, 1971) A Mississippi real estate developer offered lots for sale by promotional form letters stipulating that the purchaser be white. Lee, a Negro, received one of the letters, attempted to purchase a lot, and was rebuffed. When Lee sued to enforce his rights to buy real estate under the 1866 Civil Rights Act (now section 1982 of Title 42), the district... 1971
  2. OPEN HOUSING AND THE CIVIL RIGHTS ACT OF 1866 84 Harvard Law Review 82 (November, 1970) In 1968, in Jones v. Alfred H. Mayer Co., the Supreme Court held that 42 U.S.C. § 1982 prohibited racial discrimination by private individuals in the sale or rental of housing. Last Term in Sullivan v. Little Hunting Park, Inc., Mr. Justice Douglas, writing for a five-man majority, expanded the scope of section 1982, holding that it also prohibits... 1970
  GAUTREAUX v. PUBLIC HOUSING AUTHORITY: EQUAL PROTECTION AND PUBLIC HOUSING 118 University of Pennsylvania Law Review 437 (January, 1970) The recent decision of Gautreaux v. Chicago Housing Authority took a step that went both too far and not far enough in the developing area of judicial intervention in the administration of public housing programs. In that case, plaintiffs, Negro tenants in and applicants for public housing in Chicago, brought suit against the Chicago Housing... 1970
  HOUSING - PUBLIC HOUSING - DISTRICT COURT ORDERS HOUSING AUTHORITY NOT TO BUILD IN BLACK GHETTO AND TO INSTITUTE NEW TENANT ASSIGNMENT PLAN IN ORDER TO REMEDY PAST DISCRIMINATORY PRACTICES. - GAUTREAUX v. CHICAGO HOUSING AUTHORITY, NO. 66C 1459 (N.D. ILL. 83 Harvard Law Review 1441 (April, 1970) Black public housing tenants and applicants brought a class action against the Chicago Housing Authority (CHA) alleging that the CHA had designed its tenant assignment and site selection procedures to maintain the existing pattern of racial residential segregation in the city. They claimed violations of their rights under the fourteenth amendment... 1970
Arthur Earl Bonfield PUBLIC PARTICIPATION IN FEDERAL RULEMAKING RELATING TO PUBLIC PROPERTY, LOANS, GRANTS, BENEFITS, OR CONTRACTS 118 University of Pennsylvania Law Review 540 (February, 1970) In 1941 the Attorney General's Committee on Administrative Procedure concluded that the rulemaking processes of federal agencies should be adapted to giving adequate opportunity to all persons affected to present their views, the facts within their knowledge, and the dangers and benefits of alternative courses. The Committee realized that the... 1970
Norman D. Peel, Garth E. Pickett, Stephen T. Buehl RACIAL DISCRIMINATION IN PUBLIC HOUSING SITE SELECTION 23 Stanford Law Review 63 (November, 1970) During the past year, two federal district courts and a state appellate court have examined the problem of racial discrimination in the selection of sites for public housing, and each has found that the selections in question were made in a discriminatory manner. The racial integration of public housing has been as slow a process as that of private... 1970
Irving H. Welfeld A NEW FRAMEWORK FOR FEDERAL HOUSING AIDS 69 Columbia Law Review 1355 (December, 1969) The issue that Congress faces when it considers housing legislation is not whether, but how the government should provide assistance in order to assure decent housing for all families. The premise that the government has a duty to see that all its citizens are adequately housed is now accepted. As Senator Taft, an outstanding spokesman of... 1969
Garey B. Spradley CONSTITUTIONAL LAW 47 Texas Law Review 1454 (November, 1969) When an Akron, Ohio real estate agent refused to show appellant any listed houses because she was a Negro, appellant sought to invoke a fair housing ordinance enacted in 1964 by the City Council. The city informed her that the ordinance had been repealed by a city charter amendment that rendered fair housing ordinances ineffective until approved by... 1969
  CONSTITUTIONAL LAW -- EQUAL PROTECTION OF THE LAWS -- PROPOSED RESOLUTION BARRING CITY COUNCIL FROM ENACTING ANY OPEN HOUSING LEGISLATION IS UNCONSTITUTIONAL AND MUNICIPAL REFERENDUM MAY BE ENJOINED. -- OTEY V. COMMON COUNCIL, 281 F. SUPP. 264 (E.D. WIS. 82 Harvard Law Review 1550 (May, 1969) Plaintiff, a black resident of Milwaukee, brought a class action against the City's Common Council seeking to enjoin a municipal referendum on a proposed resolution. The resolution, which would have barred the Common Council from enacting any law in any manner restricting the right of owners of real estate to sell, lease or rent private property,... 1969
  EQUAL PROTECTION AND PROPERTY QUALIFICATIONS FOR ELECTIVE OFFICE 118 University of Pennsylvania Law Review 129 (November, 1969) Approximately fifty miles west of Detroit lies the sleepy little town of Plymouth, Michigan, whose population is about 9,000. The citizens of Plymouth have proclaimed it The City of Homes, because eighty to eighty-five per cent of the dwelling units there are privately owned houses. Peter D. Schweitzer lived in one of the remaining fifteen to... 1969
Lawrence M. Friedman , James E. Krier A NEW LEASE ON LIFE: SECTION 23 HOUSING AND THE POOR 116 University of Pennsylvania Law Review 611 (February, 1968) American efforts in public housing began in earnest during the 1930's; in the early years there were high hopes for the program's success. Since the end of the Second World War, however, the program has been unpopular with Congress, and has suffered from bad publicity, a bad public image and a constant lack of funds and imagination. Governmental... 1968
  A PROPOSAL TO END THE RACE TO THE COURT HOUSE IN APPEALS FROM FEDERAL ADMINISTRATIVE ORDERS 68 Columbia Law Review 166 (January, 1968) One morning in 1961, the National Labor Relations Board called a news conference to announce a decision in an unfair labor practice case of unusual interest. As the decision was announced, the two opposing parties stood poised to commence proceedings for an appeal. Within five minutes of the decision, the attorney for the company telephoned the... 1968
  GOVERNMENT PROGRAMS TO ENCOURAGE PRIVATE INVESTMENT IN LOW-INCOME HOUSING 81 Harvard Law Review 1295 (April, 1968) The continued failure of private industry and government to eliminate inadequate housing in the United States demonstrates the need for new concepts in national housing policy. Within metropolitan areas almost one-sixth of all families and over two-fifths of nonwhite families live in housing classified as substandard, deteriorating, or... 1968
  OPEN HOUSING AND THE CIVIL RIGHTS ACT OF 1866 82 Harvard Law Review 95 (November, 1968) In Jones v. Alfred H. Mayer Co., the Court examined a little-used section of the Civil Rights Act of 1866 and found it to contain a prohibition of private discrimination in the sale or rental of property. The petitioner, a Negro, had alleged that respondents refused to sell him a home in a St. Louis suburb solely on account of his race. He invoked,... 1968
Marilyn J. Melkonian , Peter A. Whitman THE OAKLAND LEASED HOUSING PROGRAM 20 Stanford Law Review 538 (February, 1968) The leased housing program was enacted by the Congress in August 1966. It was the first major innovation in the operation of public housing programs in 30 years. The emphasis in the leasing program was placed on utilization of existing private housing rather than construction of new public housing projects. The federal leasing program was a... 1968
  THE POWER OF A HOUSE OF CONGRESS TO JUDGE THE QUALIFICATIONS OF ITS MEMBERS 81 Harvard Law Review 673 (January 1, 1968) On March 1, 1967, the House of Representatives voted to exclude from the Ninetieth Congress Adam Clayton Powell, Jr., who had for the twelfth consecutive time been returned to Congress by the voters of the Eighteenth Congressional District of New York. Powell's exclusion was evidently based in large part on the findings of the reporting committee... 1968
Robert Ellickson GOVERNMENT HOUSING ASSISTANCE TO THE POOR 76 Yale Law Journal 508 (January, 1967) Low-income families are usually understood to have a special claim to government housing assistance. When Congress offers a housing benefit to the rest of the population, the subsidy is disguised as a low-interest loan, mortgage insurance, or the sale of land at less than fair market value. Only units that serve the poor receive direct, cash... 1967
Patrick J. Rohan COOPERATIVE HOUSING: AN APPRAISAL OF RESIDENTIAL CONTROLS AND ENFORCEMENT PROCEDURES 18 Stanford Law Review 1323 (June, 1966) In the era following World War II, many observers viewed cooperative housing as the ultimate source of shelter for practically every income group. Disenchantment set in, however, as overly optimistic projections failed to materialize and lawsuits against sponsors (grounded in exorbitant profits, mismanagement, or worse) became commonplace. More... 1966
  ENFORCEMENT OF MUNICIPAL HOUSING CODES 78 Harvard Law Review 801 (February, 1965) Many factors contribute to the development of slums. When signs of blight or impending racial or economic change appear, financial institutions, anticipating a potential drop in market value, become reluctant to invest in an area. Responsible individuals are deterred from purchasing buildings, and present owners may be unable to finance... 1965
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