| Author | Title | Citation | Summary | Year |
| Bridget Lavender |
COERCION, CRIMINALIZATION, AND CHILD 'PROTECTION': HOMELESS INDIVIDUALS' REPRODUCTIVE LIVES |
169 University of Pennsylvania Law Review 1607 (April, 2021) |
The U.S. Supreme Court has long recognized the constitutional importance of reproductive autonomy. However, for the unhoused the guarantees of this right can be seen as fictitious promises. This Comment aims to explore the continuum of limitations on reproductive autonomy faced by homeless individuals, and its implications for reproductive rights... |
2021 |
| Abigail S. Rosenfeld |
CONSIDER THE CAREGIVERS: REIMAGINING LABOR AND IMMIGRATION LAW TO BENEFIT HOME CARE WORKERS AND THEIR CLIENTS |
62 Boston College Law Review 315 (January, 2021) |
Abstract: A looming shortage of over half a million direct care workers within the next decade threatens to leave elderly and disabled individuals without much-needed care. Existing U.S. labor and immigration laws render long-term care work undesirable and providers prone to exploitation. Despite the extension of the Fair Labor Standards Act's... |
2021 |
| Prentiss A. Dantzler, Jason D. Rivera, Assistant Professor, Urban Studies Institute, Georgia State University, Email: pdantzler@gsu.edu, Phone: 404-413-0349, Associate Professor, Department of Political Science & Public Administration, SUNY Buffalo State, |
CONSTRUCTING IDENTITIES OF DESERVEDNESS: PUBLIC HOUSING AND POST-WWII ECONOMIC PLANNING EFFORTS |
39 Minnesota Journal of Law & Inequality 443 (Summer, 2021) |
Depending on its population, the approach and sustained support for public housing has varied over time. This Article discusses how policymakers' initial arguments rested upon constructed identities of deservedness. This Article argues that the perceived social identity of public housing residents was used as an impetus for political support and... |
2021 |
| Lily Frances Fontenot |
COVID-19, HOUSING AND EVICTIONS: A COMPARATIVE CASE STUDY OF HOUSING LAW AND POLICY IN THE UNITED STATES AND ARGENTINA THROUGH AN INTERNATIONAL HUMAN RIGHTS LENS |
53 University of Miami Inter-American Law Review 159 (Winter/Spring, 2021) |
This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country's response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each... |
2021 |
| Alice Kaswan |
CREATING HOME: MULTILEVEL GOVERNANCE STRUCTURES FOR EMERGING CLIMATE MIGRATION |
93 Temple Law Review 735 (Summer, 2021) |
Whether in response to sudden disasters or slow-onset conditions like sea level rise, intolerable heat, or water scarcity, millions, if not billions, of people in the United States and around the world are likely to move in the coming decades. Where will people go? While considerable attention has focused on how communities can adapt to a... |
2021 |
| |
CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) |
134 Harvard Law Review 1268 (January, 2021) |
Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... |
2021 |
| Laura Flint |
CRIMINALIZING PROPERTY RIGHTS: HOW CRIME-FREE HOUSING ORDINANCES VIOLATE THE FIFTH AMENDMENT |
70 Emory Law Journal 1369 (2021) |
Crime-free housing ordinances allow municipalities to force private landlords to evict tenants who have committed crimes or allowed a guest who has committed a crime into their home, regardless of the tenant's knowledge. These ordinances have proliferated throughout the country since the turn of the century and pose interesting questions about... |
2021 |
| Jordan Brewington |
DISMANTLING THE MASTER'S HOUSE: REPARATIONS ON THE AMERICAN PLANTATION |
130 Yale Law Journal 2160 (June, 2021) |
In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and present-day cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a... |
2021 |
| Jeff Kukucka , Kimberley A. Clow , Ashley M. Horodyski , Kelly Deegan , Nina M. Gayleard |
DO EXONEREES FACE HOUSING DISCRIMINATION? AN EMAIL-BASED FIELD EXPERIMENT AND CONTENT ANALYSIS |
27 Psychology, Public Policy, and Law 570 (November, 2021) |
Two studies examined housing discrimination against exonerees. In Study 1, we sent 1,203 emails inquiring about active apartment listings, each of which ostensibly came from an ex-offender, an exoneree, or a person with no criminal history. Compared to the control condition (51%), both ex-offenders (40%) and exonerees (regardless of whether they... |
2021 |
| Andrew T. Hayashi |
DYNAMIC PROPERTY TAXES AND RACIAL GENTRIFICATION |
96 Notre Dame Law Review 1517 (March, 2021) |
Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with--and may be... |
2021 |
| Ryan Davey, Insa Lee Koch, Cardiff University, London School of Economics |
EVERYDAY AUTHORITARIANISM: CLASS AND COERCION ON HOUSING ESTATES IN NEOLIBERAL BRITAIN |
44 PoLAR: Political and Legal Anthropology Review 43 (May, 2021) |
In Britain, especially in the 2010s, neoliberal reform involved an extension of legal coercion into the domestic and community lives of marginalized citizens. On two postindustrial housing estates in Britain, working-class residents experience this everyday authoritarianism in areas that the liberal state typically constructs as private and... |
2021 |
| Robert G. Schwemm |
FAIR HOUSING AND THE CAUSATION STANDARD AFTER COMCAST |
66 Villanova Law Review 63 (2021) |
The Supreme Court last term held in the Comcast case that but-for causation must be shown by plaintiffs under the 1866 Civil Rights Act's § 1981 and also announced that this standard is the default position presumed to govern all other federal civil rights statutes. This Article deals with how Comcast's but-for presumption applies to fair housing... |
2021 |
| James Jennings |
FAIR HOUSING AND ZONING AS ANTI-GENTRIFICATION: THE CASE OF BOSTON, MASSACHUSETTS |
30 Journal of Affordable Housing & Community Development Law 93 (2021) |
The Fair Housing law protects individuals and groups based on race, color, religion, sex, familial status, national origin, or having a disability. In addition to the federal protected classes, Massachusetts Anti-Discrimination Law, Massachusetts General Laws, ch.151B, prohibits discrimination against the following protected classes: sexual... |
2021 |
| Noah M. Kazis |
FAIR HOUSING FOR A NON-SEXIST CITY |
134 Harvard Law Review 1683 (March, 2021) |
C1-3CONTENTS L1-2Introduction . L31684 I. Sex and Fair Housing: The State of the Law. 1692 A. The Fair Housing Framework. 1692 B. Sex as a Protected Class: The Limits of Current Enforcement. 1697 C. Proof of Concept: Domestic Violence and Chronic Nuisance Ordinances. 1703 1. Chronic Nuisance Ordinances. 1703 2. The Application of Chronic Nuisance... |
2021 |
| Winnie F. Taylor |
FINTECH AND RACE-BASED INEQUALITY IN THE HOME MORTGAGE AND AUTO FINANCING MARKETS |
33 Loyola Consumer Law Review 366 (2021) |
The racial gap in wealth in the United States is astonishing. A 2019 survey found that the typical White family has eight times the wealth of the typical African American family and five times the wealth of the typical Hispanic family. Unfortunately, discrimination in the home mortgage market and the lending industry has contributed greatly to the... |
2021 |
| Robert Costello |
FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON |
36-SUM Criminal Justice 39 (Summer, 2021) |
NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... |
2021 |
| Lauren Peterson |
GOVERNING THE UNKNOWN: HOW THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN SPACE WILL SHAPE THE NEXT GREAT ERA OF EXPLORATION, EXPLOITATION, AND INVENTION |
18 Northwestern Journal of Technology & Intellectual Property 335 (May, 2021) |
Introduction. 336 I. Off to the Races. 337 II. U.N. Action for Space. 340 III. What the Development of Maritime & Aviation Law Can Teach Us. 343 IV. Parallels in the Development of Space Law. 347 V. A Few of the Problems Facing Intellectual Property Law in Space. 350 VI. The Next Great Race. 351 Conclusion. 352 The urge to explore has propelled... |
2021 |
| Caitlin Henderson |
HEIRS PROPERTY IN GEORGIA: COMMON ISSUES, CURRENT STATE OF THE LAW, AND FURTHER SOLUTIONS |
55 Georgia Law Review 875 (Winter, 2021) |
In Georgia, real property passes through an intestate estate in the form of heirs property. Under this system, heirs share ownership of the property as tenants in common. This form of ownership poses several obstacles to realizing the land's full potential and, in certain circumstances, courts will partition the property in forced sales or will... |
2021 |
| Rachel D. Godsil, Sarah E. Waldeck |
HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY |
98 Denver Law Review 523 (Spring, 2021) |
Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... |
2021 |
| Jennifer C. Nash |
HOME IS WHERE THE BIRTH IS: RACE, RISK, AND LABOR DURING COVID-19 |
32 Yale Journal of Law & Feminism 103 (2021) |
On April 28, 2020, Dr. W. Spencer McClelland--an obstetrician at New York City's Lenox Hill Hospital--published an editorial in The New York Times that announced, If you planned on delivering in a New York City hospital, don't change your plans. McClelland's plea was a response to an outpouring of news reports focused on pregnant people... |
2021 |
| Candace L. Castillo |
HOUSE BILL 3: AN IOU TEXAS PUBLIC SCHOOLS AND COMMUNITIES OF COLOR CANNOT AFFORD |
23 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2021) |
Introduction. 58 I. History of Texas School Finance. 61 A. Edgewood ISD v. Kirby. 62 B. Morath v. Texas Taxpayer (Edgewood VII). 65 C. The Failings of Texas's School Finance System. 67 II. The Basic Mechanics of School Finance. 68 III. HB 3. 70 A. Inequitable Tax Compression. 71 B. Changes to the Recapture Program. 74 C. HB 3 Lacks a Sustainable... |
2021 |
| Maria Massimo |
HOUSING AS A RIGHT IN THE UNITED STATES: MITIGATING THE AFFORDABLE HOUSING CRISIS USING AN INTERNATIONAL HUMAN RIGHTS LAW APPROACH |
62 Boston College Law Review 273 (January, 2021) |
Abstract: Throughout its history, the United States has perpetuated a double standard in regard to international human rights by urging other nations to protect and promote these rights, while simultaneously forgoing international human rights treaties in favor of its own Constitution and domestic human rights laws. Notably, the United States does... |
2021 |
| Cayla Keenan |
HOUSING LAW--NOT OVER THIS THRESHOLD: THE CRISIS OF CONTINUED HOUSING DISCRIMINATION AGAINST QUEER AMERICANS--SMITH v. AVANTI, 249 F. SUPP. 3D 1194 (D. COLO. 2017) |
26 Suffolk Journal of Trial and Appellate Advocacy 157 (2020-2021) |
As of 2019, there are no federal laws that protect against housing discrimination for LGBTQIA+ (queer) Americans. Protections against discrimination on the basis of sex were added to the Fair Housing Act in 1974, however, there are still no federal legal protections that prevent housing discrimination against queer people. In many of these... |
2021 |
| Sophia A. Studer |
HOW JUDICIAL APPLICATION OF CDA § 230 AND FHA § 3604 HAVE CREATED SAFE HAVENS FOR ONLINE HOUSING DISCRIMINATION |
28 Richmond Journal of Law and Technology 378 (Winter 2021) |
This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer... |
2021 |
| Stewart E. Sterk |
INCENTIVIZING FAIR HOUSING |
101 Boston University Law Review 1607 (October, 2021) |
Restrictive land use regulation has thwarted the upward mobility of many Americans, particularly Americans of color. Local restrictions imposed by affluent municipalities have limited access to safe neighborhoods, better housing, and good schools. Racism and economic self-interest have both played a role in exclusionary practices which have... |
2021 |
| |
KEEPING CURRENT--PROPERTY |
35-APR Probate and Property 20 (March/April, 2021) |
CONSTRUCTION CONTRACTS: Pay-if-paid term in subcontract that requires surrender of right to timely payment is void. APCO Construction, Inc., the general contractor on a mixed-use development project, entered into a subcontract with Zitting Brothers Construction, Inc. to perform wood framing, sheathing, and shimming work. The subcontract required... |
2021 |
| |
KEEPING CURRENT--PROPERTY |
35-JUN Probate and Property 22 (May/June, 2021) |
COTENANTS: Creditor may reach insurance proceeds from property held in tenancy by the entirety. Terry and Cathy Phillips owned their marital residence as tenants by the entirety until 2010 when they retitled the property in the names of separate revocable trusts as tenants in common. Cathy's trust held a 99 percent undivided interest in the... |
2021 |
| Alex Ellefson |
LANDLORD BOUNTY HUNTERS: QUI TAM AS AN EFFECTIVE TOOL FOR HOUSING CODE ENFORCEMENT |
29 Journal of Law & Policy 460 (2021) |
Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters' quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing... |
2021 |
| Daniel Finnegan |
LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCES NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS |
15 Brooklyn Journal of Corporate, Financial & Commercial Law 467 (Spring, 2021) |
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing... |
2021 |
| Rebecca Ringler |
MAKING A HOUSE A HOME: CHALLENGING DISCRIMINATORY UTILITY POLICIES UNDER THE FAIR HOUSING ACT |
12 George Washington Journal of Energy & Environmental Law 113 (Summer, 2021) |
This Note explores the connection between access to utility services and housing, and how the Fair Housing Act can be used to challenge discriminatory utility policies. Specifically, it concludes that because regulation of utility providers varies so much between the states, federal oversight is needed to ensure that consumers are protected from... |
2021 |
| Michelle D. Layser , Edward W. De Barbieri , Andrew J. Greenlee , Tracy A. Kaye , Blaine G. Saito |
MITIGATING HOUSING INSTABILITY DURING A PANDEMIC |
99 Oregon Law Review 445 (2021) |
Introduction. 447 I. Housing Instability During a Pandemic. 451 A. Predicting the Impact of COVID-19 on Housing Instability. 451 B. Policy Response to Housing Instability Varies by Perceived Harm. 455 C. Housing Instability as a Public Health Risk During COVID-19. 457 II. Learning from History: Policy Failures and the Great Recession. 461 A.... |
2021 |
| Cameron Roeback |
NO LOVE LEASED: DETERMINING A LANDLORD'S LIABILITY FOR TENANT-ON-TENANT HARASSMENT UNDER THE FAIR HOUSING ACT |
82 University of Pittsburgh Law Review 945 (Summer, 2021) |
I oughta kill you, you f g n , Raymond Endres shouted at his new apartment neighbor, Donahue Francis. Francis could hardly escape the abuse; it followed him through his apartment complex, sometimes to his very door. The Suffolk County Police Hate Crimes Unit investigated the matter and informed the apartment owner, Kings Park Manor Inc. (KPM).... |
2021 |
| Nina A. Kohn |
NURSING HOMES, COVID-19, AND THE CONSEQUENCES OF REGULATORY FAILURE |
110 Georgetown Law Journal Online 1 (Spring, 2021) |
This essay explores the COVID-19 crisis in America's nursing homes and its lessons for the future of long-term care. It challenges narratives portraying nursing homes as the unfortunate victims of COVID-19 by showing how the crisis is the foreseeable result of regulatory gaps and failures that have long enabled nursing homes to engage in systemic... |
2021 |
| H. Timothy Lovelace, Jr. |
OF PROTEST AND PROPERTY: AN ESSAY IN PURSUIT OF JUSTICE FOR BREONNA TAYLOR |
116 Northwestern University Law Review Online 23 (May 13, 2021) |
Abstract--In March 2020, Louisville police officers fatally shot Breonna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting. Activists protested in Louisville after Taylor's... |
2021 |
| Tracy A. Kaye |
OGDEN COMMONS CASE STUDY: A COMPARATIVE LOOK AT THE LOW-INCOME HOUSING TAX CREDIT AND OPPORTUNITY ZONE TAX INCENTIVE PROGRAMS |
48 Fordham Urban Law Journal 1067 (October, 2021) |
Introduction. 1068 I. The Ogden Commons Project. 1072 A. North Lawndale Neighborhood, Chicago. 1072 B. OZ Census Tract 8433. 1075 II. Financing of the Ogden Commons Project. 1080 A. Qualified Opportunity Funds. 1080 B. Low-Income Housing Tax Credit Program. 1084 III. Comparison of the LIHTC Program with the Opportunity Zone Tax Incentive. 1090 A.... |
2021 |
| Jamie H. Wood |
OPPORTUNITY GAP: A SURVEY OF STATE SOURCE-OF-INCOME PROTECTION LAWS AND HOW THEY ADDRESS THE CHALLENGES FACING THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM |
55 University of Richmond Law Review 691 (Winter, 2021) |
In 1968, the United States Congress enacted the Fair Housing Act (FHA) with the stated purpose of prevent[ing] segregation and discrimination in housing, including in the sale or rental of housing .. The FHA prohibits landlords from refusing to rent to members of certain protected classes, including race, color, national origin, sex, religion,... |
2021 |
| Marika Dias |
PARADOX AND POSSIBILITY: MOVEMENT LAWYERING DURING THE COVID-19 HOUSING CRISIS |
24 CUNY Law Review 173 (Summer, 2021) |
Introduction. 173 I. The Housing Movement Rising. 177 II. Really? You Want to Evict People During a Pandemic? Keeping the Eviction Mills Closed. 182 III. Cancel Rent--A Time for Bold Demands. 191 IV. Not One Cent on the Rent: A Mass Rent Strike. 200 V. Closing out--Building our power to Fight and Win. 207 |
2021 |
| Mary Crossley |
PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE |
30 Annals of Health Law and Life Sciences 101 (Summer, 2021) |
As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... |
2021 |
| Molly Rockett |
PRIVATE PROPERTY MANAGERS, UNCHECKED: THE FAILURES OF FEDERAL COMPLIANCE OVERSIGHT IN PROJECT-BASED SECTION 8 HOUSING |
134 Harvard Law Review Forum 286 (March 20, 2021) |
Federally subsidized housing should be the foundation upon which much of our social safety net is built. It is supposed to be a core component of our public response to the intertwined crises of poverty and homelessness, funded by taxpayer dollars and executed by our public servants in the Department of Housing and Urban Development (HUD), as well... |
2021 |
| Xuan-Thao Nguyen |
PROMOTING CORPORATE IRRESPONSIBILITY? DELAWARE AS THE INTELLECTUAL PROPERTY HOLDING STATE |
46 Journal of Corporation Law 717 (Spring, 2021) |
I. Introduction. 718 II. Catching Delaware's Attention: The Rise of Intellectual Property Corporate Assets. 722 A. Patent and Copyright Assets in the 1980s. 722 B. The Rise in Consumption and Trademarks as Corporate Assets. 729 III. Legislation to Lure Intellectual Property Assets to Be Held in Delaware. 733 A. The Tax Avoidance Scheme of 1984. 733... |
2021 |
| Michael C. Pollack , Lior Jacob Strahilevitz |
PROPERTY LAW FOR THE AGES |
63 William and Mary Law Review 561 (November, 2021) |
Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for... |
2021 |
| Cameron M. Baskett , Christopher G. Bradley |
PROPERTY TAX PRIVATEERS |
41 Virginia Tax Review 89 (Fall, 2021) |
Many states permit local governments to sell third parties the right to collect overdue property taxes, together with interest and fees. We call these third-party investors property tax privateers, because they are empowered to pursue claims that are essentially the state's, in search of a sizable bounty. Privateers are often anonymous LLCs with... |
2021 |
| Andrew T. Hayashi , Richard M. Hynes |
PROTECTIONIST PROPERTY TAXES |
106 Iowa Law Review 1091 (March, 2021) |
ABSTRACT: National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... |
2021 |
| Eleanor Brown, June Carbone |
RACE, PROPERTY, AND CITIZENSHIP |
116 Northwestern University Law Review Online 120 (July 24, 2021) |
Abstract--The racial wealth gap is stunning. The net worth of an average White family is nearly ten times greater than that of an African-American family. A 2017 Prosperity Now report finds that for African-Americans, today's economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero... |
2021 |
| John Bliss |
REBELLIOUS LAWYERS FOR FAIR HOUSING: THE LOST SCIENTIFIC MODEL OF THE EARLY NAACP |
2021 Wisconsin Law Review 1433 (2021) |
Historically rooted patterns of racial segregation in housing remain a significant contributor to racial inequities in health, intergenerational wealth, and life chances more generally. This Article uncovers a powerful but long-forgotten model for rebellious lawyers in the struggle for fair housing. I draw this model from archival research on the... |
2021 |
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REMARKS BY CHAIRMAN ROBERT C. "BOBBY" SCOTT (VA-03) |
39 Minnesota Journal of Law & Inequality 5 (Winter, 2021) |
2020 Summit for Civil Rights | University of Minnesota Law School, Georgetown University Law Center Friday, July 31, 2020 | 10:10 AM CDT Thank you, Dean Treanor, for your very kind introduction. I want to thank the University of Minnesota Law School, Workers' Rights Institute, Building One America, NAACP, and all the organizations that helped... |
2021 |
| Michael P. Seng |
RESTORATIVE JUSTICE: A MODEL FOR CONCILIATING FAIR HOUSING DISPUTES |
21 Journal of Law in Society 63 (Winter, 2021) |
Abstract. 63 Introduction. 64 I. The challenge posed by housing discrimination and the task of removing the effects of segregation. 66 II. The Fair Housing Act Has Broad Remedial Powers. 72 III. Conciliation as a preferred means of resolving fair housing disputes. 78 IV. Restorative justice as a means of conciliating disputes under the Fair Housing... |
2021 |
| Rigel C. Oliveri |
SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT AFTER BOSTOCK v. CLAYTON COUNTY |
69 University of Kansas Law Review 409 (March, 2021) |
On June 15, 2020, the Supreme Court handed down a landmark decision in Bostock v. Clayton County, Georgia, ruling by a vote of 6-3 that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from discrimination. The majority held that the statute's prohibition against discrimination in employment because of .... |
2021 |
| Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O'Neill |
STATE ADMINISTRATIVE REVIEW OF LOCAL CONSTRAINTS ON HOUSING DEVELOPMENT: IMPROVING THE CALIFORNIA MODEL |
63 Arizona Law Review 609 (Fall, 2021) |
Starting in the 1970s, the West Coast states coalesced around roughly similar responses to the problem of excessive local restrictions on housing supply. Local governments were charged with making plans to accommodate projected population growth, subject to review and approval by a state agency. In California, a city's housing plan must also... |
2021 |
| Mitchell E. Feldman |
STATISTICALLY SPEAKING: RESTRICTIVE CHANGES TO FAIR HOUSING ACT DISPARATE IMPACT LIABILITY |
62 Boston College Law Review 1321 (April, 2021) |
Abstract: Disparate impact liability, a theory for pleading discrimination allegations, has been an important tool in the battle for housing equity. Disparate impact claims, however, have undergone drastic changes since their inception in 1971. Most recently, the Department of Housing and Urban Development issued a final rule amending the pleading... |
2021 |