| Author | Title | Citation | Summary | Year |
| Paul Finkelman |
JOHN MARSHALL'S PROSLAVERY JURISPRUDENCE: RACISM, PROPERTY, AND THE "GREAT" CHIEF JUSTICE |
8/31/2020 University of Chicago Law Review Online 13 (August 31, 2020) |
In Part I of this essay I explored Chief Justice John Marshall's personal and political commitment to slavery, as a lifelong buyer and seller of human beings, and his deep hostility to the presence of free blacks in America. Here I examine Marshall's jurisprudence involving freedom suits and, to a lesser extent, his decisions involving the African... |
2020 |
| |
KEEPING CURRENT--PROPERTY |
34-APR Probate and Property 18 (March/April, 2020) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. DEEDS: Action to set aside forged deed is not subject to statute of limitations. In a 2002 sale of real property, Hancock (seller) and Kulana Partners (buyer) agreed to... |
2020 |
| Susan Saab Fortney |
KEEPING LAWYERS' HOUSES CLEAN: GLOBAL INNOVATIONS TO ADVANCE PUBLIC PROTECTION AND THE INTEGRITY OF THE LEGAL PROFESSION |
33 Georgetown Journal of Legal Ethics 891 (Fall, 2020) |
Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive... |
2020 |
| Julia Hernandez |
LAWYERING CLOSE TO HOME |
27 Clinical Law Review 131 (Fall, 2020) |
This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... |
2020 |
| Brendan Williams |
LEFT FOR DEAD: NURSING HOME CARE AMIDST THE COVID-19 PANDEMIC |
24 Quinnipiac Health Law Journal 29 (2020) |
C1-2Table of Contents I. Introduction. 31 II. A Challenged Care Sector. 33 A. Funding. 33 B. Resident Demographics. 34 C. Regulation of Care. 35 D. International Response. 37 E. The Response in the United States. 38 III. Concluding Recommendations. 62 |
2020 |
| Coty Montag |
LIEN IN: CHALLENGING MUNICIPALITIES' DISCRIMINATORY WATER PRACTICES UNDER THE FAIR HOUSING ACT |
55 Harvard Civil Rights-Civil Liberties Law Review 199 (Winter, 2020) |
Our nation's failing infrastructure and cities' financial woes have led to a dramatic rise in the cost of water across the United States. Many families are unable to pay these higher bills and face disproportionately harsh consequences as a result. While laws vary by jurisdiction, some municipalities place liens on homes for unpaid water debt. Once... |
2020 |
| Valerie Schneider |
LOCKED OUT BY BIG DATA: HOW BIG DATA, ALGORITHMS AND MACHINE LEARNING MAY UNDERMINE HOUSING JUSTICE |
52 Columbia Human Rights Law Review 251 (Fall, 2020) |
As housing-related decisions are increasingly being made by algorithms instead of individuals, it is critical that the technologies used to make those decisions do not replicate or even worsen patterns of discrimination and segregation. While it may be convenient to believe that bias can be eliminated by putting decision-making authority in the... |
2020 |
| Susan D. Bennett |
MAKING THE SECOND PANDEMIC: THE EVICTION TSUNAMI, SMALL LANDLORDS, AND THE PRESERVATION OF "NATURALLY OCCURRING" AFFORDABLE HOUSING |
29 Journal of Affordable Housing & Community Development Law 157 (2020) |
I. Introduction. 158 II. The World We Know So Little About: Small-Scale Rental Property Owners and the Housing They Provide. 160 A. Why a Look at Small Landlords and Small Buildings. 160 B. Who Are the Small Landlords?. 161 III. The Housing Crisis Before the Housing Crisis: The Predicate to Precarity. 166 A. Affordable and Available: The... |
2020 |
| Kezia Scales, PhD |
MEETING THE INTEGRATION MANDATE: THE IMPLICATIONS OF OLMSTEAD FOR THE HOME CARE WORKFORCE |
27 Georgetown Journal on Poverty Law and Policy 261 (Winter, 2020) |
In the 1999 ruling on Olmstead v. L.C. ex rel. Zimring, the Supreme Court upheld the right of all individuals to live independently in their own homes and communities and placed an explicit obligation on states to provide the supports and services that are required to fulfill that right. Progress toward fulfilling Olmstead has been hindered,... |
2020 |
| Braedon Sims, Jordan Carr Peterson |
NO VACANCY OR OPEN FOR BUSINESS? MAKING ACCOMMODATIONS FOR DIGITAL PLATFORM SHORT-TERM RENTALS IN MAJOR AMERICAN MUNICIPALITIES |
43 University of Hawaii Law Review 123 (Winter 2020) |
Technological development encourages changes in the law if new technology sufficiently reorders organizational or individual practices such that citizens, businesses, and governments encounter a new social or economic reality as a result of technological change. Internet platform companies create particular dilemmas for public officials who must... |
2020 |
| |
NYC PROPERTY TAX SYSTEM UPHELD |
26 CITYLAW 12 (2020) |
An Organization challenged New York City's property tax system as unfair, unconstitutional and discriminatory. Tax Equity Now NY LLC, an association of property owners and renters, filed a lawsuit challenging the New York City property tax system. The owners and renters alleged that the City's property tax system was unfair and results in racial... |
2020 |
| Annelise Bertrand |
PROXY WAR: THE ROLE OF RECENT CEQA EXEMPTIONS IN FIXING CALIFORNIA'S HOUSING CRISIS |
53 Columbia Journal of Law and Social Problems 413 (Spring, 2020) |
As California's housing crisis continues to balloon, legislators are scrambling to identify its root causes and fashion fixes. One major challenge to the state's housing fix is its existing fix for a different issue: environmental protection. The California Environmental Quality Act (CEQA) is one of the strongest state-level environmental statutes... |
2020 |
| Connor Blancato |
QAP OUT: WHY THE FEDERAL GOVERNMENT SHOULD REQUIRE MORE FROM HOW STATES ALLOCATE LOW-INCOME HOUSING TAX CREDITS |
28 Journal of Law & Policy 639 (2020) |
Prohibitively high land acquisition and construction costs block affordable housing developers from using the Low-Income Housing Tax Credit program in high opportunity areas. Policymakers must study the history of housing policy in the United States and realize that the LIHTC program works because it suitably balances previously problematic... |
2020 |
| Jamie Langowski, William Berman, Grace Brittan, Catherine LaRaia, Jee-Yeon Lehmann, Judson Woods |
QUALIFIED RENTERS NEED NOT APPLY: RACE AND HOUSING VOUCHER DISCRIMINATION IN THE METROPOLITAN BOSTON RENTAL HOUSING MARKET |
28 Georgetown Journal on Poverty Law and Policy 35 (Fall, 2020) |
Black, Indigenous, and People of Color have long had to navigate the barriers of racist laws, policies, and actions in housing. Housing discrimination perpetuates segregation and contributes to maintaining the status quo of disparities with respect to health inequities as well as income, wealth, and opportunity gaps. The COVID-19 pandemic has put... |
2020 |
| Nathan Tauger |
RACIAL SEGREGATION IN WEST VIRGINIA HOUSING, 1929-1971 |
123 West Virginia Law Review 171 (Fall, 2020) |
I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... |
2020 |
| Sarah Miller |
RECONCEPTUALIZING PUBLIC HOUSING: NOT AS A POLICED SITE OF CONTROL, BUT AS A SYSTEM OF SUPPORT |
28 Georgetown Journal on Poverty Law and Policy 95 (Fall, 2020) |
America's system of mass incarceration is the product of the over-policing of low-income people of color, often for minor offenses. A critical site of entrenched policing takes place in the public housing context. Public housing residents live under a system of surveillance in which they are constantly monitored and policed. Harsh federal public... |
2020 |
| Robert G. Schwemm |
REFLECTIONS ON MOVING TOWARD INTEGRATION AND MODERN EXCLUSIONARY-ZONING CASES UNDER THE FAIR HOUSING ACT |
70 Case Western Reserve Law Review 691 (Spring, 2020) |
C1-2Contents Introduction. 691 I. Reflections on Moving Toward Integration. 691 II. Reflections on Modern Exclusionary-Zoning Cases. 698 A. Background: The Book's Strategy #12 and an Overview of Relevant FHA Law. 698 B. Post-Inclusive Communities Commentary and Cases. 701 C. The Trump Administration's Attack on Fair Housing and Exclusionary-Zoning... |
2020 |
| Cheryl I. Harris |
REFLECTIONS ON WHITENESS AS PROPERTY |
134 Harvard Law Review Forum 1 (August, 2020) |
Chattel (Black) is the fusion of race and property--embodied as always essential and forever disposable. Hard time. 8 minutes and 46 seconds is an eternity. Centuries without a breath. Home is not a haven. You can be shot eight times in your home, in your bed. Before anything. Before you can breathe. A walk in the pandemic. Dappling sunlight... |
2020 |
| Daniel Chapple |
RELIEF FOR THOSE WHO NEED IT LEAST: HOW CONN. GEN. STAT. § 8-30G'S MORATORIUM PROVISION REWARDS TOWNS FOR MAKING INADEQUATE STRIDES IN ADDRESSING HOUSING SEGREGATION IN CONNECTICUT AND OFFERS LESSONS FOR THE NATION |
29 Journal of Affordable Housing & Community Development Law 299 (2020) |
I. Background of Conn. Gen. Stat. § 8-30g. 302 II. Cases Decided Prior to the Enactment of § 8-30g. 303 A. Builders Service Corp., Inc. v. Planning & Zoning Comm'n of Town of East Hampton. 303 B. New Jersey and New York Cases. 304 i. Mount Laurel Cases. 304 ii. Berenson v. Town of New Castle. 305 iii. Huntington Branch, NAACP v. Town of Huntington.... |
2020 |
| Marco Brydolf-Horwitz |
RISK, PROPERTY RIGHTS, AND ANTIDISCRIMINATION LAW IN RENTAL HOUSING: TOWARD A PROPERTY-IN-ACTION FRAMEWORK |
45 Law and Social Inquiry 871 (November, 2020) |
Landlords' decisions significantly shape the housing outcomes of poor and stigmatized renters. Despite this important gatekeeping role, studies of antidiscrimination law have not thoroughly examined how private market actors respond to reform efforts or how private property rights potentially enable them to evade regulation. This study draws on... |
2020 |
| Katie Basalla |
SHORTENING THE LEASH: EMOTIONAL SUPPORT ANIMALS UNDER THE FAIR HOUSING ACT |
89 University of Cincinnati Law Review 140 (2020) |
Congress Enacted Title VIII of The Civil Rights Act of 1968, otherwise known as the Fair Housing Act (FHA), to address the ongoing discrimination in America in the twentieth century. The FHA made it illegal to discriminate in renting or selling housing on the basis of race, color, religion, or national origin. While the goal of the FHA was to... |
2020 |
| Vincent Halloran |
SOLVING THE HOUSING CRISIS HALF-A-HOUSE AT A TIME: INCREMENTAL HOUSING AS A MEANS TO FULFILLING THE HUMAN RIGHT TO HOUSING |
52 University of Miami Inter-American Law Review 95 (Winter/Spring, 2020) |
This student note will attempt to answer two broad questions: 1) Does Chile's incremental housing model fulfill an international human right to housing?; and 2) Can incremental housing be implemented in a U.S. jurisdiction? Incremental housing is a unique social housing model developed by Chilean architect Alejandro Aravena, which consists of... |
2020 |
| Robert G. Schwemm |
SOURCE-OF-INCOME DISCRIMINATION AND THE FAIR HOUSING ACT |
70 Case Western Reserve Law Review 573 (Spring, 2020) |
Amending the federal Fair Housing Act (FHA) to ban source-of-income discrimination has been discussed for over twenty years. During this time, a growing number of states and localities (including many of the nation's largest cities) have taken this step by amending their fair housing laws to prohibit discrimination against Section 8 voucher... |
2020 |
| Danaya C. Wright |
THE DEMOGRAPHICS OF INTERGENERATIONAL TRANSMISSION OF WEALTH: AN EMPIRICAL STUDY OF TESTACY AND INTESTACY ON FAMILY PROPERTY |
88 UMKC Law Review 665 (Spring, 2020) |
Everyone dies eventually, and the vast majority of us will die owning at least some property. Unless you are very adept at budgeting your every need, and give away during life whatever might be left over, you are unlikely to do as my father wants to do: spend his last five dollars on the margarita that will drop him in the grave. Thus, as we think... |
2020 |
| Kayleigh B. Long |
THE EVOLVING LANDSCAPE OF HOUSING SEX DISCRIMINATION CLAIMS |
47 Michigan Real Property Review 19 (Spring & Summer, 2020) |
On April 11, 1968, the U.S. Congress enacted the Fair Housing Act (the FHA) in order to provide for fair housing throughout the country and prohibit discrimination in the sale, rental and financing of housing. However, the FHA, as originally enacted, only prohibited discrimination based on an individual's race, color, religion or national origin.... |
2020 |
| Kyle Giller |
THE FIGHT FOR NYCHA: RAD AND THE EROSION OF PUBLIC HOUSING IN NEW YORK |
23 CUNY Law Review 283 (Summer, 2020) |
Introduction. 284 I. The History of NYCHA. 288 A. Origins of NYCHA: The Movement for Public Housing in 19 Century New York and London. 288 B. The Creation of NYCHA and Early Developments. 293 1. Political Will for Construction in the 1930s. 295 2. The Fiscal Crisis of the Mid-1970s, the End of Public Housing Construction, and the Ideology of... |
2020 |
| Lateef Mtima |
THE IDEA EXCLUSIONS IN INTELLECTUAL PROPERTY LAW |
28 Texas Intellectual Property Law Journal 343 (2020) |
In such cases we are rather concerned with the line between expression and what is expressed . Nobody has ever been able to fix that boundary, and nobody ever can.--Judge Learned Hand Don't look at me - I'm just the idea guy.--Chidi Anagonye, The Good Place C1-2Table of Contents Introduction. 344 The Idea Exclusions: Promoting IP Social Utility... |
2020 |
| Sahar Segal |
THE INTERNATIONAL HUMAN RIGHT TO ADEQUATE HOUSING: AN ECONOMIC APPROACH |
20 Chicago Journal of International Law 486 (Winter, 2020) |
International law recognizes a right to adequate housing. Affordability is one component of this right, and it is increasingly unrealized in highly concentrated cities in advanced economies. The prevailing approach to the right to adequate housing is the human rights approach, which favors government involvement in the market to reduce housing... |
2020 |
| Ashley De La Garza |
THE NEVER-ENDING GRASP OF THE PRISON WALLS: BANNING THE BOX ON HOUSING APPLICATIONS |
22 Scholar: St. Mary's Law Review on Race and Social Justice 409 (2020) |
We want all Americans to have a fair chance to live up to their full potential to engage with their families and communities, and to reach for a bright future that is not defined by their past mistakes. --Federal Interagency Reentry Counsel Introduction. 411 I. Background: Mass Incarceration. 415 II. Why are the Previously Incarcerated Excluded?.... |
2020 |
| Kristen Barnes |
THE PIECES OF HOUSING INTEGRATION |
70 Case Western Reserve Law Review 717 (Spring, 2020) |
C1-2Contents Introduction: The Pieces of Housing Integration. 717 I. Structure and Approach. 718 II. Structural Discrimination and Structural Segregation. 719 III. Troubling Issues with Respect to Local Government, Developers, and Courts. 720 A. Texas Department of Housing and Community Affairs v. Inclusive Communities (2015). 720 1. Referencing... |
2020 |
| Kimberly Ferrari |
THE STATE OF DISPARATE IMPACT UNDER THE FAIR HOUSING ACT: INTERPRETING ROBUST CAUSALITY AFTER INCLUSIVE COMMUNITIES |
29 Journal of Affordable Housing & Community Development Law 327 (2020) |
C1-3Table of Contents I. Introduction. 327 II. Historical Background. 330 A. Housing Discrimination and Segregation Pre-FHA. 331 B. Passing the FHA. 335 C. After the FHA. 335 D. The Inclusive Communities Decision. 337 1. Results-Oriented Language of the FHA. 337 2. 1988 Amendments to the FHA. 339 3. Statutory Purpose of the FHA and Robust... |
2020 |
| Shivangi Bhatia |
TO "OTHERWISE MAKE UNAVAILABLE": TENANT SCREENING COMPANIES' LIABILITY UNDER THE FAIR HOUSING ACT'S DISPARATE IMPACT THEORY |
88 Fordham Law Review 2551 (May, 2020) |
Tenant screening companies present information to housing providers on prospective tenants' criminal and eviction histories in the form of background screening reports. These screening reports disproportionately impact racial and gender minorities. Two opposing views exist on whether courts should interpret the Fair Housing Act to cover the... |
2020 |
| Sarah C. Pricer |
WHEN HOME IS A LIVING HELL: VULNERABLE WOMEN AND SEXUAL HARASSMENT IN HOUSING |
6 Texas A&M Journal of Property Law 115 (2020) |
Low-income women experience a nightmarish victimization when they are sexually harassed by landlords in their homes, homes many are desperate to keep. The staggering lack of data on this issue means laws and courts have been slow to address this phenomenon. Although courts have relied primarily on a Title VII employment-based sexual harassment... |
2020 |
| Jeffrey D. Jones |
WORKFORCE HOUSING AND HOUSING PREFERENCE POLICIES UNDER THE FAIR HOUSING ACT |
24 Lewis & Clark Law Review 1413 (2020) |
The workforce housing movement grew out of two urgent realities. First, the lack of affordable housing near where workers are employed has a substantial impact on local economies and local business. Second, the lack of affordable housing near where workers live undermines the twin goals of inclusive communities and reversing historical patterns of... |
2020 |
| Pablo E. Zevallos |
"A STATEMENT ABOUT WHO DESERVES TO LIVE HERE": THE FAIR HOUSING ACT IMPLICATIONS OF HOUSING NEW YORK |
52 Columbia Journal of Law and Social Problems 599 (Summer, 2019) |
New York City faces the twin problems of housing segregation and a shortage of affordable housing. In response, Mayor Bill de Blasio developed Housing New York, a plan to create or preserve 300,000 affordable units across a variety of income bands. As part of this plan, the City instituted inclusionary zoning policies and modified density caps in... |
2019 |
| Xiaoqian Hu |
"PUT THAT BUCKET DOWN!": MONEY, POLITICS, AND PROPERTY RIGHTS IN URBANIZING CHINA |
44 Vermont Law Review 243 (Winter 2019) |
Introduction. 244 I. The Stasis of Legal Pluralism Studies. 249 II. China's Peri-Urban Situation. 255 A. Villager-Initiated Housing Development Is Against the Law. 258 B. Villager-Initiated Housing Development Is an Illegal Solution to a Law-Created Class Problem. 269 III. Illegal Housing Development in Peri-Urban Mountain County. 274 A. A Macro... |
2019 |
| Hannah Juricic |
A CRITIQUE OF DC'S APPROACH TO EVICTION PROCESS & AFFORDABLE HOUSING MEASURES |
32 Georgetown Journal of Legal Ethics 685 (Fall, 2019) |
Apart from being a center for political change, the District of Columbia's ongoing housing crisis has inspired landmark cases, progressive legislative tactics, judicial activism, and creative funding campaigns. Despite decades of effort, the District still faces a chronic affordable housing shortage. Tenant advocates argue that the issue is... |
2019 |
| Justin P. Steil , Dan Traficonte |
A FLOOD--NOT A RIPPLE--OF HARM: PROXIMATE CAUSE UNDER THE FAIR HOUSING ACT |
40 Cardozo Law Review 1237 (February, 2019) |
Over the past decade, several city governments across the country have filed suits against banks pursuant to the Fair Housing Act seeking redress for municipal damages caused by the banks' discriminatory lending practices. Following the ruling in Bank of America Corp. v. City of Miami, lower courts are now confronting the question of where to draw... |
2019 |
| Cydnee V. Bence |
A HOUSE IS NOT A HOME: LEARNING FROM OUR MISTAKES TO PREVENT UNEQUITABLE GENTRIFICATION ON A LOCAL LEVEL |
44 Vermont Law Review 429 (Winter 2019) |
Introduction. 429 I. What Is Gentrification?. 431 A. Predicting Gentrification. 434 1. Characteristic In-Movers. 434 2. Transportation. 435 3. Endogenous Model. 436 4. Segregation. 438 5. Perceived and Actual Crime. 439 B. Major Housing Initiatives. 439 1. New Deal Legislation. 439 2. Section 235 and Section 236. 441 3. Section 8 and the Housing... |
2019 |
| Allison K. Bethel |
A NEW HOME FOR HATERS--ONLINE HOME SHARING PLATFORMS: A LOOK AT THE APPLICABILITY OF THE FAIR HOUSING ACT TO HOME SHARES |
53 University of Richmond Law Review 903 (March, 2019) |
In 2018, we celebrated the fiftieth anniversary of the Fair Housing Act which outlawed discrimination in residential transactions. When the FHA was passed, the home search process was very different. Fifty years ago, most people searched for housing by viewing listings in newspapers and other printed publications or perhaps used a realtor. Today,... |
2019 |
| Stephanie M. Stern |
A SOCIAL NORM THEORY OF REGULATING HOUSING SPEECH UNDER THE FAIR HOUSING ACT |
84 Missouri Law Review 435 (Spring, 2019) |
The Fair Housing Act's prohibition of discriminatory housing statements presents a puzzle. This provision regulates housing speech, such as advertisements and notices, more robustly than acts of housing discrimination (e.g., discriminatory refusals to rent or sell). It extends liability regardless of intent and, unlike other provisions in the Fair... |
2019 |
| Emily Bergeron |
ADEQUATE HOUSING IS A HUMAN RIGHT |
44 Human Rights 1 (2019) |
In the early seventeenth century, Thomas Benton built a pigsty. It was so close to his neighbor's house that the odor of the swine made the home unbearable, stopping . wholesome air. Benton's neighbor, William Aldred, claimed that the stench was enough to deprive him of his property and personal dignity and was, therefore, a violation of his... |
2019 |
| Frank Griffin, M.D., J.D. |
ADMINISTERING HOUSING LAW AS HEALTH CARE: ATTORNEYS AS HEALTHCARE PROVIDERS |
71 South Carolina Law Review 349 (Winter 2019) |
I. Introduction. 350 II. Failure to Include Housing in Healthcare Treatment Planning Affects Outcomes, Overall Costs, and Hospital and Health System Finances. 352 A. Inadequate Housing and Poor Health Outcomes. 352 B. Failure to Address Housing Needs and Associated Healthcare System Costs. 358 III. Attorneys Serving as Healthcare Professionals to... |
2019 |
| Renee M. Williams |
AFFIRMATIVELY FURTHER FAIR HOUSING: CALIFORNIA'S RESPONSE TO A CHANGING FEDERAL LANDSCAPE |
28 Journal of Affordable Housing & Community Development Law 387 (2019) |
The Duty to Affirmatively Further Fair Housing. 388 HUD's 2015 Regulation and Subsequent Roll-Back. 390 Assembly Bill 686: California's Response. 392 California's General AFFH Obligation. 393 Fair Housing Planning Through the Housing Element. 394 What All of This Means. 396 |
2019 |
| Desiree C. Hensley |
AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE DEEP SOUTH: OBAMA'S AFFH RULE WON'T MAKE RURAL AMERICA LESS SEGREGATED |
26 Virginia Journal of Social Policy and the Law 92 (Summer, 2019) |
Introduction. 93 I. The Duty to Affirmatively Further Fair Housing. 100 II. Lack of HUD Oversight in Small Towns and Rural Areas Encourages Residential Segregation to Persist. 101 III. People in the Deep South Are Still Plagued by the Failure of Small Towns and Rural Areas to Affirmatively Further Fair Housing. 104 A. Batesville, Mississippi: An... |
2019 |
| Michael Diamond |
AFFORDABLE HOUSING: OF INEFFICIENCY, MARKET DISTORTION, AND GOVERNMENT FAILURE |
53 University of Richmond Law Review 979 (March, 2019) |
In this essay, I examine the types of costs that are imposed on society as a whole due to the absence of a sufficient number of decent housing units that are affordable to the low-income population. These costs present themselves in relation to health care, education, employment, productivity, homelessness, and incarceration. Some of the costs are... |
2019 |
| Jonathan Schnader |
ALEXA, ARE YOU A FOREIGN AGENT? CONFRONTING THE RISK OF FOREIGN INTELLIGENCE EXPLOITATION OF PRIVATE HOME NETWORKS, HOME ASSISTANTS, AND CONNECTIVITY IN THE SECURITY CLEARANCE PROCESS |
25 Richmond Journal of Law and Technology 3 (Spring, 2019) |
Virtually all facets of the home can be remotely controlled over the Internet of Things [IoT]; a Nest brand thermostat controls your furnace and air conditioning, adjusting based on schedules set by the user, or automatically shutting off when you leave the house. Smart light fixtures turn on or off, or dim, in accordance with your wishes.... |
2019 |
| Kandis Sargeant |
ALTERNATIVE DISPUTE RESOLUTION IN SHORT TERM RENTAL ACCOMMODATIONS: IS BINDING ARBITRATION APPROPRIATE IN THE SHARING ECONOMY FOR RACIAL DISCRIMINATION CASES? |
34 Ohio State Journal on Dispute Resolution 575 (2019) |
I. Introduction A. A More In-Depth Look at Airbnb's Current Terms of Service and Its New Non-Discrimination Policy 1. What Airbnb Has Done Specifically to Combat Any Racial Discrimination That May Be Taking Place Amongst Guests and Hosts in Their Application B. What Is the Sharing Economy? C. Arbitration: Striking the Right Balance Between... |
2019 |
| Paula A. Franzese |
AN INFLECTION POINT FOR AFFORDABLE HOUSING: THE PROMISE OF INCLUSIONARY MIXED-USE REDEVELOPMENT |
52 UIC John Marshall Law Review 581 (Spring, 2019) |
I. Introduction. 581 II. Part I: Economic Exclusion in Housing. 583 III. Part II: New Jersey's Pioneering Social Experiment: Mount Laurel. 587 IV. Part III: The Rise of Mixed-Use Redevelopment and the Promise of Inclusion. 594 V. Conclusion. 600 |
2019 |
| Henry Rose |
ARLINGTON HEIGHTS WON IN THE SUPREME COURT BUT THE FAIR HOUSING ACT'S GOAL OF PROMOTING RACIAL INTEGRATION SAVED THE LOW-INCOME HOUSING |
35 Touro Law Review 791 (2019) |
In the early 1970s, a developer sought a zoning change to a parcel of land in Arlington Heights, Illinois that would allow for the construction of low-income housing. Arlington Heights denied the zoning change and the developer sued Arlington Heights arguing that this denial violated both equal protection under the Fourteenth Amendment of the... |
2019 |