AuthorTitleCitationSummaryYear
Jennifer Hernandez CALIFORNIA ENVIRONMENTAL QUALITY ACT LAWSUITS AND CALIFORNIA'S HOUSING CRISIS 24 Hastings Environmental Law Journal 21 (Winter, 2018) The California Environmental Quality Act (CEQA) continues to play a vital role in assuring that our state and local agencies carefully evaluate, disclose, and avoid or reduce the potentially adverse environmental consequences of their actions. In addition, CEQA ensures that agencies consider and respond to public and agency comments on these... 2018
Stephen R. Miller, J.D., M.C.P., Editor-in-Chief California Environmental Quality Act Lawsuits and California's Housing Crisis 47 No. 1 Real Estate Review Journal 4 (Spring 2018) Jennifer Hernandez practices environmental and land use law in the San Francisco and Los Angeles offices of Holland & Knight. Many other members of Holland & Knight contributed to the study of CEQA lawsuits evaluated in this article, including Elizabeth Lake, Tamsen Plume, Amanda Monchamp, Nicholas Targ, Charles Coleman, David Preiss, Susan Booth,... 2018
Sydney Pierce CHALLENGING PROPERTY TAX FORECLOSURE POLICIES UNDER THE FAIR HOUSING ACT: LESSONS FROM MORNINGSIDE 90 Temple Law Review Online 1 (Fall, 2018) Since the collapse of the housing market in 2008, there has been enhanced legal scrutiny of mortgage foreclosure practices in the form of federal legislation and hundreds of local and state programs to stem the tide of foreclosures and keep families in their homes. At the same time, property tax foreclosure--which has been called The Other... 2018
Meris L. Bergquist CIVIL RIGHTS/ANTI-DISCRIMINATION--HOW THE MASSACHUSETTS LEAD POISONING PREVENTION AND CONTROL ACT CODIFIES SYSTEMIC HOUSING DISCRIMINATION AGAINST FAMILIES WITH CHILDREN IN VIOLATION OF THE FEDERAL FAIR HOUSING ACT 40 Western New England Law Review 1 (2018) This Article asserts that the Massachusetts Lead Poisoning Prevention and Control Act violates the federal Fair Housing Act (FHA) by discriminating against families with children under age six. The Massachusetts Lead Law was hailed as a ground-breaking effort to prevent childhood lead poisoning when it was enacted in 1971. However, because it... 2018
Tiffany Manuel, PhD DISMANTLING THE NARRATIVES THAT CONSTRAIN PUBLIC SUPPORT FOR FAIR HOUSING: THE URGENT NEED TO REFRAME THE PUBLIC CONVERSATION TO BUILD PUBLIC WILL 27 Journal of Affordable Housing & Community Development Law 87 (2018) Denouncing acts of blatant hatred and bigotry is easy. But . the subjugation of people of color happens every day by those who would never march with citronella torches or drive a car through a throng of innocent protesters .. Subjugation occurs by white people . who protest public and affordable housing under the polite cover of parking and... 2018
J. Shontavia Johnson, Tonya M. Evans, Yolanda M. King DIVERSIFYING INTELLECTUAL PROPERTY LAW 10 No. 4 Landslide 30 (March/April, 2018) Law is America's least diverse profession. According to the American Bar Association (ABA), 85 percent of all lawyers in America are white, and 65 percent are men. And lawyer demographics have not changed much in at least a decade. While the profession has made some efforts toward increasing diversity and embracing inclusion, its membership does... 2018
April Johnson FAIR HOUSING ISSUES: A CALL FOR MANDATED HOUSING INTEGRATION 50 University of Toledo Law Review 107 (Fall, 2018) OWNING a home has long been regarded as having a slice of the American Dream. Yet, as history has shown us, homeownership in integrated communities is increasingly unavailable for African Americans and other minorities. In essence, it is far more difficult for African Americans to realize the American Dream--by purchasing a home--than it is for... 2018
Chase Hamilton FAIR SHARE: REINVIGORATING THE TWIN CITIES' REGIONAL AFFORDABLE HOUSING CALCULUS 36 Law & Inequality: A Journal of Theory and Practice 287 (Summer, 2018) The Metropolitan Council of the Twin Cities (Council), an administrative body of seventeen appointed officials, presides over the metropolitan area comprising Minneapolis-St. Paul. Empowered with the ability to review all proposed matters of metropolitan significance, the Council maintains broad statutory authority to shape regional development,... 2018
Shaytonna V. Bullock FEE SIMPLE SUBJECT TO EXECUTORY INTEREST: AN ANALYSIS OF THE PREEMPTION AND REVOCATION OF BLACK PROPERTY RIGHTS 12 Southern Journal of Policy and Justice 205 (Fall, 2018) Blacks have contributed to the fabric of the United States of America in ways that no other group has. Beyond building the very foundation of this country from the sweat, blood, and tears of generations of slaves, African Americans have substantially contributed to the intellectual and structural development of this nation by way of inventions,... 2018
Amanda Insalaco FIFTY YEARS SINCE PASSAGE OF THE FAIR HOUSING ACT: RENT-TO-INCOME RATIOS IN THE PERSISTENCE OF RESIDENTIAL RACIAL SEGREGATION IN CHICAGO 51 John Marshall Law Review 551 (Spring, 2018) I. Introduction. 552 II. Background. 556 A. Overview of Residential Racial Segregation: From the Regional- to Urban-Levels. 556 1. The Federal Government's Contribution to Systemic Housing Inequality. 558 2. Federal Attempts to Remedy Housing Disparity Emerge. 558 3. FHA and Section 8. 560 B. The Origins of Disparate Impact Analysis. 561 C. The... 2018
William Rhee , Stephen C. Scott GEOGRAPHIC DISCRIMINATION: OF PLACE, SPACE, HILLBILLIES, AND HOME 121 West Virginia Law Review 531 (Winter 2018) Abstract. 533 I. Introduction. 534 II. Basic Human Capabilities at Home. 538 A. The Capabilities Approach. 538 B. Central Capabilities Need Place and Space. 540 1. A Home of One's Own. 541 2. A Job of One's Own. 544 3. A School of One's Own. 545 III. Politically Incorrect Locational Prejudice. 545 A. An Intersectional or Multidimensional Concept.... 2018
Dayna Bowen Matthew HEALTH AND HOUSING: ALTRUISTIC MEDICALIZATION OF AMERICA'S AFFORDABILITY CRISIS 81 Law and Contemporary Problems 161 (2018) This article argues in favor of responding to the lack of affordable housing in America as a public health crisis. The medicalization frame adopted here responds to epidemiological evidence of the nexus between health and housing, invites collaborative and integrated solutions to improve health outcomes, and points to innovative financing streams... 2018
Dorothy A. Brown HOMEOWNERSHIP IN BLACK AND WHITE: THE ROLE OF TAX POLICY IN INCREASING HOUSING INEQUITY 49 University of Memphis Law Review 205 (Fall, 2018) I. Introduction. 205 II. Tax Subsidies for Homeownership. 207 III. Homeownership and Race. 213 A. Historical Racial Inequality in Homeownership. 213 B. The Race-Based Appreciation Gap. 214 C. Homeownership Wealth in Black and White. 221 IV. Tax Subsidies and Race. 223 V. Suggestions for Reform. 225 VI. Conclusion. 227 2018
Kathryn A. Sabbeth HOUSING DEFENSE AS THE NEW GIDEON 41 Harvard Journal of Law & Gender 55 (Winter, 2018) New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC's ground-breaking legislation. The Article draws on NYC's housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to... 2018
Taylor A. F. Wolff HOUSING IS HEALTHCARE: THE TAX IMPLICATIONS OF HOMELESSNESS AND ADDICTION 21 Quinnipiac Health Law Journal 259 (2018) I. Introduction. 260 II. Background. 263 A. Housing the Chronically Homeless: A Healthcare Concern. 263 B. Framing a Tax Policy that Houses Chronically Homeless People with Substance Use Disorders. 266 C. The Wet House: An 1811 Model for Chronically Homeless Alcoholics. 269 D. Federal and State Funding Regulations of the Wet House as a 501(c)(3)... 2018
  HOUSING LAW--CRIMINAL SCREENING OF TENANTS-- SEATTLE BANS THE USE OF CRIMINAL HISTORY IN RENTAL DECISIONS.-- SEATTLE, WASH., ORDINANCE 125393 (AUG. 23, 2017) 131 Harvard Law Review 1844 (April, 2018) As a result of their convictions, ex-offenders face many collateral consequences, including lack of access to housing. Landlords increasingly rely on background screens of prospective tenants to identify criminal history. Sex offenders may have an even harder time obtaining housing. Those on a sex offender registry for life are barred from... 2018
Eric D. Chason HOW BITCOIN FUNCTIONS AS PROPERTY LAW 49 Seton Hall Law Review 129 (2018) Bitcoin replicates many of the formal aspects of real estate transactions. Bitcoin transactions have features that closely resemble grantor names, grantee names, legal descriptions, and signatures found in real property deeds. While these Bitcoin deeds may be interesting, they are not profound. Bitcoin goes beyond creating simple digital deeds,... 2018
Michelle D. Layser HOW FEDERAL TAX LAW REWARDS HOUSING SEGREGATION 93 Indiana Law Journal 915 (Winter 2018) Introduction. 916 I. The Spatial Distribution of Tax-Based Housing Subsidies. 920 A. Why the Spatial Distribution of Tax-Based Housing Subsidies Matters. 920 B. The Location of Tax-Subsidized Housing in America. 924 1. The Spatial Distribution of Mortgage Interest Deduction Benefits. 924 2. The Spatial Distribution of Low-Income Housing Tax Credit... 2018
Jesse D.H. Snyder HOW PATENT LAW KEEPS THE HOPE OF FAIR HOUSING ALIVE FOR ALL, EVEN AFTER BANK OF AMERICA CORP. v. CITY OF MIAMI 21 Harvard Latinx Law Review 107 (Spring, 2018) C1-2Table of Contents I. Introduction. 108 II. Racial Segregation and the Fair Housing Act Through October Term 2014. 111 A. The Fair Housing Act: Acknowledgement that Fairness in Housing Is Inviolable. 111 B. Disparate Impact and the Maturing Views of the Fair Housing Act. 113 III. Bank of America and City Standing Under the Fair Housing Act. 115... 2018
Paul Boudreaux INFILL: NEW HOUSING FOR TWENTY-FIRST-CENTURY AMERICA 45 Fordham Urban Law Journal 595 (April, 2018) The American population has changed dramatically over the past several decades: fewer of us live in big families, more of us live alone or in pairs, and more of us favor metropolitan areas near the coasts. Yet our housing laws remain mired in assumptions from the previous century that we are a spread-out nation of large families that need and... 2018
  KEEPING CURRENT--PROPERTY 32-JUN Probate and Property 24 (May/June, 2018) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. ABANDONMENT: Statutory forfeiture does not apply to extinguish rights in ditch used to transport water. Mortensen owned land that received water through a ditch that... 2018
Derek Waller LEVERAGING STATE AND LOCAL ANTIDISCRIMINATION LAWS TO PROHIBIT DISCRIMINATION AGAINST RECIPIENTS OF FEDERAL RENTAL ASSISTANCE 27 Journal of Affordable Housing & Community Development Law 401 (2018) I. Federal and State Voucher Laws. 406 A. Federal Law and Housing Vouchers. 406 B. State Antidiscrimination Laws and Voucher-Based Discrimination. 408 1. States with Judicially Created Housing Voucher Exemptions from Source of Income Laws. 408 a. Minnesota. 408 b. Wisconsin. 410 c. California. 411 2. States with Source of Income Laws That Exclude... 2018
Thomas Silverstein, Diane Glauber LEVERAGING THE BESIEGED ASSESSMENT OF FAIR HOUSING PROCESS TO CREATE COMMON GROUND AMONG FAIR HOUSING ADVOCATES AND COMMUNITY DEVELOPERS 27 Journal of Affordable Housing & Community Development Law 33 (2018) The duty to affirmatively further fair housing, commonly known by its acronym AFFH, has the potential to serve as one of the strongest weapons in the arsenal of both community developers and fair housing advocates to address structural barriers to full and equal participation in U.S. society for people of color, persons with disabilities, and... 2018
Brandon M. Weiss LOCATING AFFORDABLE HOUSING: THE LEGAL SYSTEM'S MISALLOCATION OF SUBSIDIZED HOUSING INCENTIVES 70 Hastings Law Journal 215 (December, 2018) The primary goal of subsidized housing policy in the United States is to increase access to affordable housing for low-income households. Yet data show that states disproportionately award low-income housing tax credits to finance the development of projects in neighborhoods where there is already a relatively high number of housing units available... 2018
Christopher C. Ligatti MAX WEBER MEETS THE FAIR HOUSING ACT: "LIFE CHANCES" AND THE NEED FOR EXPANDED LOST HOUSING OPPORTUNITY DAMAGES 6 Belmont Law Review 78 (2018) Introduction. 79 I. Background. 81 A. The Root of Mobility Based Programs in Life Chances Theory. 82 1. Max Weber's Life Chances Theory. 82 2. Neighborhood Effects and the Geography of Opportunity as Understood Through the Lens of Life Chances. 87 3. The Negative Consequences of Low-Opportunity Areas. 88 4. The Benefits of Moving to... 2018
Chelsea King MERGING INCLUSIONARY ZONING AND COMMUNITY LAND TRUSTS TO INCREASE AFFORDABLE HOUSING IN BALTIMORE WITHOUT DISPLACING NEIGHBORHOODS 49 University of Baltimore Law Forum 43 (Fall, 2018) Throughout history, Baltimore City has continually struggled to manage affordable housing and residential segregation, and as such, is currently facing a housing crisis. The housing crisis that Baltimore faces today is in large part due to decades of systemic racial oppression. Throughout history, Baltimore City officials have denied African... 2018
Amanda M. Leon MINING FOR MEANING: AN EXAMINATION OF THE LEGALITY OF PROPERTY RIGHTS IN SPACE RESOURCES 104 Virginia Law Review 497 (May, 2018) In November 2015, the Space Resource Exploration and Utilization Act of 2015 (SREU Act) became law. Private space companies hoping to mine asteroids for commercial gain rejoiced. For years, such private companies had struggled to obtain adequate funding and support for their revolutionary space missions due to a lack of legal certainty regarding... 2018
Zachary C. Freund PERPETUATING SEGREGATION OR TURNING DISCRIMINATION ON ITS HEAD? AFFORDABLE HOUSING RESIDENCY PREFERENCES AS ANTI-DISPLACEMENT MEASURES 118 Columbia Law Review 833 (April, 2018) Affordable housing residency preferences give residents of a specific geographic preference area prioritized access to affordable housing units within that geographic area. Historically, majority-white municipalities have sometimes used affordable housing residency preferences to systematically exclude racial minorities who reside in surrounding... 2018
Rachel Smith POLICING BLACK RESIDENTS AS NUISANCES: WHY SELECTIVE NUISANCE LAW ENFORCEMENT VIOLATES THE FAIR HOUSING ACT 34 Harvard Journal on Racial & Ethnic Justice 87 (Spring, 2018) She was rapidly losing blood after her ex-boyfriend stabbed her in the neck, but Lakisha Briggs did not call 911. A neighbor saw her walking through the street, bleeding, and called for paramedics, who rushed to airlift Ms. Briggs to the hospital. When she eventually returned home, Ms. Briggs discovered her landlord was evicting her. The reason:... 2018
H. Elenore Wade PRESERVING THE FAMILIES OF HOMELESS AND HOUSING-INSECURE PARENTS 86 George Washington Law Review 869 (May, 2018) Every year in the United States, state child welfare agencies receive millions of reports of suspected child neglect. The families involved in these reports are often first subjected to government interference in the legally protected parent-child relationship on the basis of neglect, a legal concept that lacks an intent standard and is often... 2018
Eric J. Miller PROPERTY, PERSONS, AND INSTITUTIONALIZED POLICE INTERDICTION IN BYRD v. UNITED STATES 52 Loyola of Los Angeles Law Review 107 (2018) During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped... 2018
Brian Sawers RACE AND PROPERTY AFTER THE CIVIL WAR: CREATING THE RIGHT TO EXCLUDE 87 Mississippi Law Journal 703 (2018) L1-2Introduction . L3703 I. Reconstruction and Its Context. 708 A. Property in Land. 708 B. Property in Persons. 712 C. Reconstruction. 718 II. The Planter and the Freedman. 723 A. The Planter's Problem. 724 B. From Slavery to Sharecropping. 728 III. Legal Change. 732 A. Regulating Labor. 733 1. Direct Labor Regulation. 734 2. Labor Regulation by... 2018
Diamond Smith RENTING DIVERSITY: AIRBNB AS THE MODERN FORM OF HOUSING DISCRIMINATION 67 DePaul Law Review 581 (Spring, 2018) Who and what determines a neighborhood's worth? What does it mean to be an up-and-coming neighborhood? An influx of new houses, businesses, and people into a given neighborhood contributes to gentrification. New businesses often attract individuals without familial or historical ties to the neighborhood. Particularly in Chicago, up-and-coming... 2018
Jan Kuklík RESTITUTION OF JEWISH PROPERTY IN THE CZECH REPUBLIC 41 Loyola of Los Angeles International and Comparative Law Review 583 (Winter 2018) Restitution of the property confiscated during the communist regime was debated in Czechoslovakia almost immediately after the so-called Velvet Revolution of 1989. The period of transition from the authoritarian communist regime into a democratic system started with discussions about adequate policies to be implemented as not many patterns to... 2018
Rigel C. Oliveri SEXUAL HARASSMENT OF LOW-INCOME WOMEN IN HOUSING: PILOT STUDY RESULTS 83 Missouri Law Review 597 (Summer, 2018) I. Background. 600 A. Development of Sexual Harassment Doctrine. 600 1. Sexual Harassment Under Title VII. 600 2. Sexual Harassment and the Fair Housing Act. 603 B. What We Know About Sexual Harassment in Housing. 608 1. Official Statistics and Early Studies. 609 2. Recent Studies. 611 II. The Pilot Study. 613 A. Purpose and Methodology. 613 B.... 2018
Emeka Duruigbo SMALL TRACT OWNERS AND SHALE GAS DRILLING IN TEXAS: SANCTITY OF PROPERTY, HOLDOUT POWER OR COMPULSORY POOLING? 70 Baylor Law Review 527 (Spring, 2018) In some sense, oil and gas law in Texas simultaneously strips small mineral owners of their property freedom while affording protection from uncompensated drainage. In another sense, owners of small mineral interests are left at the mercy of oil and gas producers who can drain their resources without compensation. This article proposes the... 2018
Iris J. Lav and Michael Leachman STATE LIMITS ON PROPERTY TAXES HAMSTRING LOCAL SERVICES AND SHOULD BE RELAXED OR REPEALED 28-OCT Journal of Multistate Taxation and Incentives 20 (October, 2018) Michigan, Massachusetts, Oregon, and New York reveal range of problems with limits. Beginning in the 1970s, many states adopted new limits that sharply reduced funding for education and other important services by capping property taxes. The time has come for states to reconsider these harsh limits, which have put severe pressure over time on local... 2018
Iris J. Lav and Michael Leachman STATE LIMITS ON PROPERTY TAXES HAMSTRING LOCAL SERVICES AND SHOULD BE RELAXED OR REPEALED 46 Real Estate Taxation 13 (Fourth Quarter, 2018) Michigan, Massachusetts, Oregon, and New York reveal range of problems with limits. Beginning in the 1970s, many states adopted new limits that sharply reduced funding for education and other important services by capping property taxes. The time has come for states to reconsider these harsh limits, which have put severe pressure overtime on local... 2018
David A. Logan STILL STANDING AFTER ALL THESE YEARS: FIVE DECADES OF LITIGATION UNDER THE FAIR HOUSING ACT AND THE SUPREME COURT STILL CAN'T SAY FOR SURE WHO IS PROTECTED 23 Roger Williams University Law Review 169 (Winter, 2018) The 1960s was one of the most turbulent decades in modern American history, marred by assassinations, widespread civil unrest, and a highly divisive war in Vietnam. But it was also a decade of important legislative accomplishments, including a stronger safety net for the poor, protection of the environment, and bans on discrimination in voting and... 2018
Andrea J. Boyack SUSTAINABLE AFFORDABLE HOUSING 50 Arizona State Law Journal 455 (Summer, 2018) Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world's carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly... 2018
Shelby D. Green TESTING FANNIE MAE'S AND FREDDIE MAC'S POST-CRISIS SELF-PRESERVATION POLICIES UNDER THE FAIR HOUSING ACT 66 Cleveland State Law Review 477 (2018) Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary... 2018
Kristen L. Nelson THE BIGGEST (STOLEN) HOUSE ON THE (EASTERN) BLOC: LESSONS FROM THE TEREZIN DECLARATION TO POLAND FOR ENACTING HOLOCAUST PROPERTY RESTITUTION LEGISLATION 41 Loyola of Los Angeles International and Comparative Law Review 701 (Winter 2018) Nearly seventy-five years after World War II, much of the property stolen or lost as a result of the war still remains in the hands of the undeserving. Immense looting of property during the war went hand in hand with the genocide of Jews and other targeted groups--the Roma people, political dissidents, and Jehovah's witnesses, among others. These... 2018
Brian G. Gilmore , Hannah D. Adams THE CASE FOR A REPARATIONS CLINIC: A PROPOSAL FOR INVESTIGATION, DOCUMENTATION, AND REMEDIATION OF HISTORIC HOUSING DISCRIMINATION THROUGH THE LAW SCHOOL CLINIC MODEL 2018 Michigan State Law Review 1309 (2018) This Article will provide a blueprint for the creation of a law school based, or associated, clinic dedicated to addressing wealth and inequality issues created by the nation's racial caste system. Much of the focus shall be on reparations for discriminatory conduct in the housing market, but the Article shall also focus upon reparations in general... 2018
Paul A. Diller, Edward J. Sullivan THE CHALLENGE OF HOUSING AFFORDABILITY IN OREGON: FACTS, TOOLS, AND OUTCOMES 27 Journal of Affordable Housing & Community Development Law 183 (2018) Introduction. 184 I. The Federal Role in Housing. 186 A. Housing Finance. 187 1. New Deal to the Bubble. 187 2. The Bubble Burst. 190 3. Federal Efforts to Combat Mortgage Discrimination. 191 B. Public Housing and Federal Assistance for Rental Housing. 192 1. Public Housing. 193 2. Tenant-based Vouchers--Section 8. 195 3. Project-based Vouchers... 2018
Stephen R. Miller, J.D., M.C.P., Editor-in-Chief The Fair Housing Act Turns 50 Years Old – Part 1: A Legal Retrospective From the Public & Affordable Housing World 47 No. 2 Real Estate Review Journal 2 (Summer 2018) Lisa L. Walker is CEO and General Counsel of the Housing and Development Law Institute (HDLI). Since 1984, HDLI has been a legal think tank in the public and affordable housing industry devoted to the legal issues facing the industry. Ms. Walker has been consulting and practicing law in the fair housing area for more than 25 years, and is a... 2018
Tim Iglesias THE FIGHT FOR FAIR HOUSING: CAUSES, CONSEQUENCES AND FUTURE IMPLICATIONS OF THE 1968 FEDERAL FAIR HOUSING ACT ROUTLEDGE 2018 EDITED BY GREGORY D. SQUIRES 27 Journal of Affordable Housing & Community Development Law 1 (2018) The places where we spend our time affect the people we are and can become. These places have an impact on our sense of self, our sense of safety, the kind of work we get, the ways we interact with other people, even our ability to function as citizens in a democracy. Tony Hiss, The Experience of Place (1990), p. xi. On the occasion of the 50th... 2018
José E. Alvarez THE HUMAN RIGHT OF PROPERTY 72 University of Miami Law Review 580 (Spring, 2018) Despite the absence of a comprehensive global pact on the subject, the human right to property protection--a right of property but only rarely to specific property--exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War's omission of property rights in the... 2018
Tara Carone THE WEALTH GAP: THROUGH THE LENS OF GOVERNMENTAL POLICIES AND RACIAL INEQUALITY IN HOUSING 24 Public Interest Law Reporter 51 (Fall, 2018) The median net worth of white households by 2010 had grown to $110,729, whereas the same figure for black households had grown to $4,955--4.4% of the net worth of whites. The wealth gap is just one of many statistics that show a nation still deeply divided by racial lines. To face this divide, we need to address the questions of why the wealth gap... 2018
Isaac Saidel-Goley , Joseph William Singer THINGS INVISIBLE TO SEE: STATE ACTION & PRIVATE PROPERTY 5 Texas A&M Law Review 439 (Spring, 2018) This Article revisits the state action doctrine, a judicial invention that shields private or non-governmental discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the... 2018
Maia Hutt THIS HOUSE IS NOT YOUR HOME: LITIGATING LANDLORD REJECTIONS OF HOUSING CHOICE VOUCHERS UNDER THE FAIR HOUSING ACT 51 Columbia Journal of Law and Social Problems 391 (Spring, 2018) Over 2.2 million low-income households participate in the federal Housing Choice Voucher (HCV) program. Voucher holders, who are disproportionately people of color and individuals with disabilities, are frequently discriminated against or denied housing by landlords. This Note argues that prospective tenants who are rejected by landlords for... 2018
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