| Author | Title | Citation | Summary | Year |
| Susan F. French |
INFLECTION POINT: PRIVATE LAND USE COVENANTS, THE HOUSING CRISIS AND THE WARMING PLANET |
52 UIC John Marshall Law Review 741 (Spring, 2019) |
Two major problems have brought us to what should be an inflection point in the ways we use land in the United States: the housing crisis and the warming planet. They will require significant changes in residential, industrial, and agricultural patterns and practices, both public and private. To alleviate the housing crisis, it will be necessary to... |
2019 |
| Blanche Bong Cook |
JOHNNY APPLESEED: CITIZENSHIP TRANSMISSION LAWS AND A WHITE HETEROPATRIARCHAL PROPERTY RIGHT IN PHILANDERING, SEXUAL EXPLOITATION, AND RAPE (THE "WHP") OR JOHNNY AND THE WHP |
31 Yale Journal of Law & Feminism 57 (2019) |
Abstract: Title 8, United States Code, Section 1409--one of this country's citizenship transmission laws--creates a white heteropatriarchal property right in philandering, sexual exploitation, and rape (the WHP). Section 1409 governs the transmission of citizenship from United States citizens to their children, where the child is born abroad,... |
2019 |
| Rachel E. Sachs |
JUDGE POSNER'S RECONSTRUCTION OF PROPERTY THEORY |
86 University of Chicago Law Review 1201 (Special 2019) |
The many other terrific contributions to this Symposium analyze clearly and thoughtfully the impact Judge Posner's judicial opinions have had on a wide range of legal fields. This contribution, by contrast, begins by committing a cardinal sin: it rejects the premise of the Symposium. To be clear, I argue that Judge Posner has fundamentally reshaped... |
2019 |
| Diego Gil Mc Cawley |
LAW AND INCLUSIVE URBAN DEVELOPMENT: LESSONS FROM CHILE'S ENABLING MARKETS HOUSING POLICY REGIME |
67 American Journal of Comparative Law 587 (Fall, 2019) |
This Article addresses the recent international trend in development theory and practice towards an enabling markets approach in housing policy. This approach delegates to housing markets the responsibility of providing affordable housing and therefore limits the role of government to stimulating the private sector through targeted subsidies. I... |
2019 |
| Javon T. Henry |
LOW INCOME HOUSING TAX CREDITS AND THE DANGERS OF PRIVATIZATION |
16 Pittsburgh Tax Review 247 (Spring, 2019) |
Current federal affordable housing policy is ineffective because it is being used as a business platform to attract economic development instead of improving the quality of affordable housing. The low-income housing tax credit program (LIHTC or the Credit) is the largest national low-income affordable housing program. The federal government enacted... |
2019 |
| Matthew P. Main |
MAKING CHANGE TOGETHER: THE MULTI-PRONGED, SYSTEMS THEORY APPROACH TO LAW AND ORGANIZING THAT FUELED A HOUSING JUSTICE MOVEMENT FOR THREE-QUARTER HOUSE TENANTS IN NEW YORK CITY |
27 Georgetown Journal on Poverty Law and Policy 31 (Fall, 2019) |
The overlapping consequences of mass incarceration, a sweeping opioid epidemic, and an unprecedented homelessness crisis culminated in the birth of an exploitative underground industry of unlicensed, unregulated housing--known as three-quarter housing--in New York City. Three-quarter houses are generally small buildings that hold themselves out... |
2019 |
| Joseph J. Railey |
MARRIED ON SUNDAY, EVICTED ON MONDAY: INTERPRETING THE FAIR HOUSING ACT'S PROHIBITION OF DISCRIMINATION "BECAUSE OF SEX" TO INCLUDE SEXUAL ORIENTATION AND GENDER IDENTITY |
36-37 Buffalo Public Interest Law Journal 99 (2017-2019) |
An openly gay male and his partner decide to rent an apartment together. After finding a unit they like, the couple contacts the landlord; the landlord declines to rent to the couple because of their alternative lifestyle. At the same time, a transgender female and her wife are looking for a home together; they are unable to find a realtor... |
2019 |
| Jill M. Fraley |
MODERN WASTE LAW, BANKRUPTCY, AND RESIDENTIAL MORTGAGES |
41 Cardozo Law Review 485 (December, 2019) |
Around the time of the subprime mortgage collapse, lenders began in earnest to sue borrowers by adapting the traditional law of waste. Today, these claims continue to rise in frequency and to expand to more jurisdictions. Lender waste claims provide a work around for state mortgage laws that prohibit personal deficiency judgments after... |
2019 |
| E. Perot Bissell V |
MONUMENTS TO THE CONFEDERACY AND THE RIGHT TO DESTROY IN CULTURAL-PROPERTY LAW |
128 Yale Law Journal 1130 (February, 2019) |
This Note identifies problems in cultural-property law that the recent wave of removals of Confederate memorials has illustrated. Because cultural-property law's internal logic tends inexorably towards supporting preservation, it has no conceptual framework for recognizing when a culture might be justified in destroying its own cultural property. I... |
2019 |
| K. Heidi Smucker |
NO PLACE LIKE HOME: DEFINING HUD'S ROLE IN THE AFFORDABLE HOUSING CRISIS |
71 Administrative Law Review 633 (Summer, 2019) |
Introduction. 634 I. HUD: An Agency or Writer of Federal Checks?. 636 A. The Evolution of Rental Housing Assistance: What Worked and What Didn't. 637 B. A Funnel for Federal Funding. 639 II. Houston (and San Francisco, D.C., and New York), We Have a Problem. 640 A. The Rise (and Potential Fall) of San Francisco's Restrictive Zoning. 641 B.... |
2019 |
| Alix Rogers |
OWNING GERONIMO BUT NOT ELMER MCCURDY: THE UNIQUE PROPERTY STATUS OF NATIVE AMERICAN REMAINS |
60 Boston College Law Review 2347 (November, 2019) |
Introduction. 2349 I. The Treatment of Native American Remains from Early America to 1989. 2355 II. The Treatment of Non-Native Human Remains in America. 2360 A. Collecting in the Name of Science. 2360 B. Collecting in the Name of Medicine. 2362 III. The Native American Graves Protection and Repatriation Act. 2365 A. Federal or Tribal Land &... |
2019 |
| Elizabeth Elia |
PERPETUAL AFFORDABILITY COVENANTS: CAN THESE LAND USE TOOLS SOLVE THE AFFORDABLE HOUSING CRISIS? |
124 Penn State Law Review 57 (Fall, 2019) |
Approximately 3.8 million privately-owned residential housing units in America today contain affordability covenants recorded in their chains of title. State and local agencies and the District of Columbia use these covenants to ensure that publicly-subsidized properties are actually used to provide affordable housing. With rents at all-time highs... |
2019 |
| Brandon M. Weiss |
PROGRESSIVE PROPERTY THEORY AND HOUSING JUSTICE CAMPAIGNS |
10 UC Irvine Law Review 251 (October, 2019) |
L1-2Introduction . L3253 I. Progressive Property Theory as a Response to Law & Economics. 256 A. Against a Background of Law & Economics. 256 B. The Emergence of Progressive Property Theory. 257 II. Housing Justice Campaigns. 261 A. Inclusionary Zoning--Property Theory in the Context of U.S. Supreme Court Litigation. 263 1. 616 Croft Ave., LLC v.... |
2019 |
| Paula A. Franzese , Stephanie J. Beach |
PROMISES STILL TO KEEP: THE FAIR HOUSING ACT FIFTY YEARS LATER |
40 Cardozo Law Review 1207 (February, 2019) |
C1-2Table of Contents Introduction. 1207 I. Historical and Theoretical Antecedents: How Government Created and Enforced Housing Segregation. 1209 II. Barriers to Achieving the Promise of the Fair Housing Act. 1212 A. Dwindling and Deteriorating Stocks of Affordable Housing. 1212 B. Compounding the Harms: Tenant Blacklisting. 1221 C. Not in My... |
2019 |
| Valerie Schneider |
RACISM KNOCKING AT THE DOOR: THE USE OF CRIMINAL BACKGROUND CHECKS IN RENTAL HOUSING |
53 University of Richmond Law Review 923 (March, 2019) |
One of the harshest collateral consequences of an arrest or conviction is the impact a criminal record can have on one's ability to secure housing. Because racial bias permeates every aspect of the criminal justice system as well as the housing market, this collateral consequence--the inability to find a place to live after an arrest or... |
2019 |
| Andrea J. Boyack |
RESPONSIBLE DEVOLUTION OF AFFORDABLE HOUSING |
46 Fordham Urban Law Journal 1183 (October, 2019) |
The federal government has been heavily involved in promoting housing affordability since the 1930s and continues to have a critical role to play. Over the past several decades, the federal government has financed affordability by promoting development and income subsidies, but specific allocation decisions have devolved. Housing inequities can... |
2019 |
| Jill C. Morrison |
RESUSCITATING THE BLACK BODY: REPRODUCTIVE JUSTICE AS RESISTANCE TO THE STATE'S PROPERTY INTEREST IN BLACK WOMEN'S REPRODUCTIVE CAPACITY |
31 Yale Journal of Law & Feminism 35 (2019) |
Abstract: 2019 marks 400 years since the first Africans were brought to the Virginia colony as captives, and deemed not human beings but rather the property of others. Black women have endured reproductive oppression since our arrival in the United States. This Article argues that current methods of reproductive oppression attempt to restore the... |
2019 |
| Dotan Oliar, James Y. Stern |
RIGHT ON TIME: FIRST POSSESSION IN PROPERTY AND INTELLECTUAL PROPERTY |
99 Boston University Law Review 395 (March, 2019) |
How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common denominator is time: in each context, doctrine involves a... |
2019 |
| Wendy Jennings |
SEPARATING FAMILIES WITHOUT DUE PROCESS: HIDDEN CHILD REMOVALS CLOSER TO HOME |
22 CUNY Law Review 1 (Winter, 2019) |
Introduction. 3 I. Family Separation Traumatizes Children and Their Parents. 8 A. Removing a Child from Her Parent Harms the Child. 8 B. Removing a Child from His Parent Has Long-Term Consequences for Families and Impacted Communities. 9 II. The Basic Path of New York Child Abuse and Neglect Cases. 10 A. How Does an Abuse or Neglect Case Begin?. 11... |
2019 |
| Melvin J. Kelley IV |
TESTING ONE, TWO, THREE: DETECTING AND PROVING INTERSECTIONAL DISCRIMINATION IN HOUSING TRANSACTIONS |
42 Harvard Journal of Law & Gender 301 (Summer, 2019) |
A review of the past fifty years has generated a consensus that the federal Fair Housing Act (FHA), also known as Title VIII, has fared far less well in addressing discrimination than its counterpart in employment, Title VII. Included among these failings is the relative dearth of intersectionality theory in fair housing jurisprudence. While courts... |
2019 |
| Kate Walz , Patricia Fron , Vice President of Advocacy, Sargent Shriver National Center on Poverty Law, 67 East Madison St. Suite 2000, Chicago, IL 60603, 312.263.3830, katewalz@povertylaw.org, Executive Director, Chicago Area Fair Housing Alliance, 401 S |
THE COLOR OF POWER: HOW LOCAL CONTROL OVER THE SITING OF AFFORDABLE HOUSING SHAPES AMERICA |
12 DePaul Journal for Social Justice 1 (Winter, 2019) |
Abstract: Some cities, such as Chicago, have power structures that allow hyperlocal control over the siting of affordable housing--and maintain racial segregation of residential housing as a result. Advocates can push for structural changes that can curb this power and reduce racial segregation. These changes include citywide comprehensive... |
2019 |
| Davida Finger |
THE EVICTION GEOGRAPHY OF NEW ORLEANS: AN EMPIRICAL STUDY TO FURTHER HOUSING JUSTICE |
22 University of the District of Columbia Law Review 23 (Spring, 2019) |
Low-income tenants in the U.S. have weak bargaining power, as well as limited housing and mobility options in the housing market. With no enforceable right to housing, tenants are stuck--quite literally in the case of uninhabitable rental property--in unsafe and unhealthy living conditions. Poverty and economic instability make it challenging for... |
2019 |
| Julián Castro |
THE FAIR HOUSING ACT AFTER FIFTY YEARS: OPENING REMARKS |
40 Cardozo Law Review 1091 (February, 2019) |
Fifty years ago, on this day in late March, the United States was about to go through one of the darkest stretches in modern American history. At the end of March 1968, President Lyndon Johnson announced that he would not run for reelection. Just a few days later, of course, on April 4th, Martin Luther King Jr. was assassinated. A couple of months... |
2019 |
| Elizabeth Julian |
THE FAIR HOUSING ACT AT FIFTY: TIME FOR A CHANGE |
40 Cardozo Law Review 1133 (February, 2019) |
C1-2Table of Contents Introduction. 1133 I. The Evolution of the FHA Over the First Twenty Years. 1137 II. The Next Twenty Years. 1138 III. The 2008 Report of the National Commission on Fair Housing and Equal Opportunity. 1140 IV. Looking Back, Looking Forward. 1143 V. The Duty to Affirmatively Further Fair Housing?. 1145 VI. Non-Governmental... |
2019 |
| Craig Flournoy |
THE FAIR HOUSING ACT: ENACTED DESPITE THE MAINSTREAM MEDIA, NEUTERED BY THE FEDERAL GOVERNMENT'S UNWILLINGNESS TO ENFORCE IT |
40 Cardozo Law Review 1101 (February, 2019) |
We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. --Dr. Martin Luther King, Jr., I Have a Dream This Article examines the 1968 Fair Housing Act from two perspectives. The first Part discusses the urban riots of the mid-1960s; the failure of the white press to examine the connection between the... |
2019 |
| Palma Joy Strand |
THE INVISIBLE HANDS OF STRUCTURAL RACISM IN HOUSING: OUR HANDS, OUR RESPONSIBILITY |
96 University of Detroit Mercy Law Review 155 (Winter, 2019) |
They are led by an invisible hand . Adam Smith Psychologist Beverly Daniel Tatum, author of the keystone work on racial identity development, defines racism as a system of advantage based on race. Recently, as I read the revised 2017 20 anniversary edition of Why Are All the Black Kids Sitting Together in the Cafeteria?, I noticed that while... |
2019 |
| Deborah N. Archer |
THE NEW HOUSING SEGREGATION: THE JIM CROW EFFECTS OF CRIME-FREE HOUSING ORDINANCES |
118 Michigan Law Review 173 (November, 2019) |
America is profoundly segregated along racial lines. We attend separate schools, live in separate neighborhoods, attend different churches, and shop at different stores. This rigid racial segregation results in social, economic, and resource inequality, with White communities of opportunity on the one hand and many communities of color without... |
2019 |
| John Infranca |
THE NEW STATE ZONING: LAND USE PREEMPTION AMID A HOUSING CRISIS |
60 Boston College Law Review 823 (March, 2019) |
Introduction. 825 I. Localism And Land Use. 830 II. The First Generation of State Land Use Interventions. 836 A. Massachusetts: A Focus on Streamlining Development Approvals and Encouraging Zoning Reform. 837 B. New Jersey: A Focus on Planning and Development Approvals. 839 C. California: A Focus on Planning and Procedure. 841 D. Some Trends. 844... |
2019 |
| Abraham Bell , Gideon Parchomovsky |
THE PRIVACY INTEREST IN PROPERTY |
167 University of Pennsylvania Law Review 869 (March, 2019) |
Once upon a time, there existed a clear nexus between property and privacy. Protection of property rights was an important safeguard against intrusions of the privacy interests of owners both by the government and by private actors. Gradually, however, the symbiotic relationship between privacy and property has been forgotten by scholars and... |
2019 |
| Audrey G. McFarlane |
THE PROPERTIES OF INTEGRATION: MIXED-INCOME HOUSING AS DISCRIMINATION MANAGEMENT |
66 UCLA Law Review 1140 (October, 2019) |
Mixed-income housing is an increasingly popular approach to providing affordable housing. The technique largely went unnoticed until developers of mixed-income housing constructed buildings containing separate entrances for rich and poor residents. The ensuing poor door controversy illustrated that mixed-income housing, as both a method of... |
2019 |
| Najarian R. Peters |
THE RIGHT TO BE AND BECOME: BLACK HOME-EDUCATORS AS CHILD PRIVACY PROTECTORS |
25 Michigan Journal of Race and Law 21 (Fall, 2019) |
The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not... |
2019 |
| Katherine Kuhl |
THE WAR ON AFFORDABLE HOUSING?: HOW ANTI-DRUG POLICIES PUT FAMILIES IN FEDERALLY SUBSIDIZED HOUSING AT RISK OF EVICTION, AND METHODS FOR MITIGATING THESE COLLATERAL CONSEQUENCES |
25 Cardozo Journal of Equal Rights & Social Justice 521 (Spring, 2019) |
L1-2Table of Contents II. Legal Implications of Drug-Related Activity in Federally Funded Housing. 528 III. Additional Factors Influencing the Intersection of Drug Criminalization and Housing Policy. 536 IV. Proposal. 541 V. Conclusion. 548 |
2019 |
| Michelle Y. Ewert |
THINGS FALL APART (NEXT DOOR): DISCRIMINATORY MAINTENANCE AND DECREASED HOME VALUES AS THE NEXT FAIR HOUSING BATTLEGROUND |
84 Brooklyn Law Review 1141 (Summer, 2019) |
It is not that United States Supreme Court Justice Clarence Thomas does not like Wanda Onafuwa or Chevelle Bushnell. He has probably never met them. But one thing is clear: if the U.S. Supreme Court considers whether these women have standing under the Fair Housing Act (FHA) to sue Bank of America for discriminatory maintenance of the foreclosed... |
2019 |
| Jessica A. Shoemaker |
TRANSFORMING PROPERTY: RECLAIMING INDIGENOUS LAND TENURES |
107 California Law Review 1531 (October, 2019) |
This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet,... |
2019 |
| Manal Totry-Jubran |
TRANSITIONAL JUSTICE IN HOUSING INJUSTICE: THE CASE OF HOUSING RIGHTS VIOLATIONS WITHIN SETTLER DEMOCRACIES |
52 Vanderbilt Journal of Transnational Law 795 (October, 2019) |
The right to housing is recognized by international human rights treaties as an integral part of the right to an adequate standard of living. Many states have ratified these treaties and incorporated protection of some aspects of housing rights into their constitutions and domestic legislation. Other states have not enacted any legislation in... |
2019 |
| Olatunde C.A. Johnson |
UNJUST CITIES? GENTRIFICATION, INTEGRATION, AND THE FAIR HOUSING ACT |
53 University of Richmond Law Review 835 (March, 2019) |
What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both... |
2019 |
| Oluchukwu Richard Amagwula |
URBAN DECAY: THE AFFORDABLE HOUSING CRISIS AND THE UNDERDEVELOPMENT OF URBAN COMMUNITIES |
43 Thurgood Marshall Law Review Online I (Spring, 2019) |
Introduction 1 The Purpose of Affordable housing The Importance of Affordable Housing Background 3 A. History of Lower Income Housing 3 B. Demographics 6 C. Geographical locations 7 D. Government Issues Affecting housing 8 o Underfunding 8 o Governance by the Department of Housing & Urban Development 10 Understanding Affordable Housing Crisis... |
2019 |
| |
VIRGINIA HOUSE OF DELEGATES v. BETHUNE-HILL (18-281) |
66-AUG Federal Lawyer 80 (July/August, 2019) |
The Virginia House of Delegates argues that it not only has the proper standing to appeal the district court's decision rejecting its redistricting plan, but also that race did not impermissibly predominate in the redistricting process. But even if race did predominate, the Virginia House further contends that its redistricting plan satisfies... |
2019 |
| Rigel C. Oliveri |
VOUCHERS AND AFFORDABLE HOUSING: THE LIMITS OF CHOICE IN THE POLITICAL ECONOMY OF PLACE |
54 Harvard Civil Rights-Civil Liberties Law Review 795 (Summer, 2019) |
America's housing segregation problem, and the direct role of government and private actors in creating it, is well documented. What to do about it is less clear. And even when consensus develops about particular strategies, they can be difficult to implement because of significant headwinds that impede change. These headwinds--including market... |
2019 |
| Ann M. Aviles , David O. Stovall |
WHEN "CLASS" EXPLANATIONS DON'T CUT IT: SPECTERS OF RACE, HOUSING INSTABILITY, AND EDUCATION POLICY |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 166 (Spring, 2019) |
Race also matters because of persistent racial inequality in society-- inequality that cannot be ignored and that has produced stark socioeconomic disparities .. And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he... |
2019 |
| Alisha Jarwala , Sejal Singh |
WHEN DISABILITY IS A "NUISANCE": HOW CHRONIC NUISANCE ORDINANCES PUSH RESIDENTS WITH DISABILITIES OUT OF THEIR HOMES |
54 Harvard Civil Rights-Civil Liberties Law Review 875 (Summer, 2019) |
Over the last fifteen years, municipalities across the United States have enacted chronic nuisance ordinances (CNOs), presenting a growing but under-examined threat to fair housing for people with disabilities. CNOs are local ordinances, usually at the city or county level, that label a broad array of conduct nuisance behavior. Definitions of... |
2019 |
| Kate O'Reilly-Jones |
WHEN FIDO IS FAMILY: HOW LANDLORD-IMPOSED PET BANS RESTRICT ACCESS TO HOUSING |
52 Columbia Journal of Law and Social Problems 427 (Spring, 2019) |
Renters today face widespread landlord-imposed pet restrictions. At the same time, Americans increasingly view their pets as family members, and many do not see giving up their animals as an option when looking for housing. Consequently, pet-owning renters often struggle to find suitable places to live and end up compromising on quality, location,... |
2019 |
| Alexis Karteron |
WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING |
69 Case Western Reserve Law Review 669 (Spring, 2019) |
In response to programmatic stop-and-frisk, police killings, and other recent controversies in American policing, many have called for smart policing--the evidence-based deployment of police resources. An often-heralded example of smart policing is hot spots policing, which involves directing police attention to locations where crime and disorder... |
2019 |
| Michael A. Carrier |
WHY PROPERTY LAW DOES NOT SUPPORT THE ANTITRUST ABANDONMENT OF STANDARDS |
57 Houston Law Review 265 (Symposium, 2019) |
Property is being hijacked. In property law itself, it is well-recognized that owners' rights are accompanied by robust limits. No one familiar with property law could reasonably claim that property owners have absolute rights to exclude. But when the concept of property is exported elsewhere, those limits are sometimes forgotten. Such a version of... |
2019 |
| Spencer Bailey |
WINNING THE BATTLE AND THE WAR AGAINST HOUSING DISCRIMINATION: POST-ACQUISITION DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT |
28 Journal of Affordable Housing & Community Development Law 223 (2019) |
I. Introduction. 224 II. Pre-Fair Housing Act History. 225 III. The Fair Housing Act. 227 A. Text of the Fair Housing Act. 228 1. 42 U.S.C. § 3604. 228 2. 42 U.S.C. § 3617. 231 B. Legislative History of the Fair Housing Act. 231 C. Interpretation of the Fair Housing Act. 233 IV. Current Case Law on Post-Acquisition Discrimination Claims. 234 A.... |
2019 |
| Quinn Marker |
ZONING FOR ALL! DISPARATE IMPACT LIABILITY AMIDST THE AFFORDABLE HOUSING CRISIS |
88 University of Cincinnati Law Review 1105 (2019) |
The United States has a housing problem. At its most basic and unforgiving level, the housing crisis threatens to displace millions of Americans each year. Millions more teeter on the edge of eviction on a near constant basis, plagued by dwindling emergency funds, low wages, and rising rents. The number of households impacted by this set of... |
2019 |
| Bernadette Atuahene |
"OUR TAXES ARE TOO DAMN HIGH": INSTITUTIONAL RACISM, PROPERTY TAX ASSESSMENTS, AND THE FAIR HOUSING ACT |
112 Northwestern University Law Review 1501 (2018) |
Abstract--To prevent inflated property tax bills, the Michigan Constitution prohibits property tax assessments from exceeding 50% of a property's market value. Between 2009 and 2015, the City of Detroit assessed 55%-85% of its residential properties in violation of the Michigan Constitution, and these unconstitutional assessments have had dire... |
2018 |
| David Rudin |
"YOU CAN'T BE HERE": THE HOMELESS AND THE RIGHT TO REMAIN IN PUBLIC SPACE |
42 New York University Review of Law and Social Change 309 (2018) |
In cities throughout the country, homeless individuals are continuously relocated from place to place and faced with the quandary that by engaging in basic life activities they are breaking the law. Many of these individuals and their legal advocates have argued that laws prohibiting the homeless from sleeping or sitting down in public make it... |
2018 |
| Brenna R. McLaughlin |
#AIRBNBWHILEBLACK: REPEALING THE FAIR HOUSING ACT'S MRS. MURPHY EXEMPTION TO COMBAT RACISM ON AIRBNB |
2018 Wisconsin Law Review 149 (2018) |
The advent of Airbnb has created a chasm of liability between America's newest lodging category and our nation's fair housing laws. Developed in 2008, Airbnb offers travelers a way to bypass expensive hotels by renting space from home owners and lease holders through advertisements on Airbnb's website. Users book their accommodations directly from... |
2018 |
| Audrey Cillo |
A LEGISLATIVE HOME FOR IMMIGRATION POWER |
80 University of Pittsburgh Law Review 481 (Winter 2018) |
The immigration problem transcends time, state borders, and even national borders. The problem magnetizes a spectrum of advocates, from rights-based thinkers calling for freedom of movement as an international human right to nativists demanding America First. And as with any charged political topic, there is a power struggle over who controls... |
2018 |