| Author | Title | Citation | Summary | Year |
| 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 |
| Tim Iglesias |
THREADING THE NEEDLE OF FAIR HOUSING LAW IN A GENTRIFYING CITY WITH A LEGACY OF DISCRIMINATION |
27 Journal of Affordable Housing & Community Development Law 51 (2018) |
This essay tells the story of an extended and complex conflict between San Francisco and HUD and the creative solution that emerged from their negotiations. The conflict concerned the application of a community preference to a proposed senior housing development that would be located in a traditional African American neighborhood in San Francisco... |
2018 |
| Jamie Langowski , William L. Berman , Regina Holloway , Cameron McGinn |
TRANSCENDING PREJUDICE: GENDER IDENTITY AND EXPRESSION-BASED DISCRIMINATION IN THE METRO BOSTON RENTAL HOUSING MARKET |
29 Yale Journal of Law & Feminism 321 (2018) |
Abstract: Surveys of transgender people reveal high levels of discrimination in housing. Surveys are helpful; however, in the housing context discriminatory actions are often subtle and occur without a person's knowledge. Very little empirical evidence in the form of statistic measures of discrimination exists regarding the actual level of gender... |
2018 |
| George D. Ruttinger |
WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS: A REPORT ON THE COMMITTEE'S FAIR HOUSING PROJECT, 1984-2017 |
62 Howard Law Journal 51 (Fall, 2018) |
INTRODUCTION. 51 I. CASE HISTORY. 53 A. Discriminatory Advertising. 54 B. Race and National Origin Discrimination. 55 C. Harassment. 57 1. Racial. 57 2. Gender. 57 D. Familial Status Discrimination. 58 E. Lending Discrimination. 60 F. Redlining. 61 G. Disability Discrimination. 64 H. Source of Income Discrimination. 67 II. AMICUS BRIEFS. 68 III.... |
2018 |
| Peter Vincent |
WEATHERING THE "PERFECT STORM:" WELCOMING REFUGEES WHILE PROTECTING THE UNITED STATES AT HOME AND ABROAD |
57 Virginia Journal of International Law 383 (Spring, 2018) |
It is both an immense privilege and a daunting challenge to address the current prospects of the United States' continued indispensable role in the liberal international order as a global leader in security, economic, and political matters. Given that many national leaders claim that our country is in a state of dire peril, you would be forgiven... |
2018 |
| Kara Brodfuehrer, Renee Williams |
WHEN OPPORTUNITY KNOCKS: WORKING WITH STATE HOUSING AGENCIES TO PROMOTE DESEGREGATION WITHIN THE LIHTC PROGRAM |
27 Journal of Affordable Housing & Community Development Law 67 (2018) |
In June 2015, housing advocates across the country breathed a sigh of relief when the U.S. Supreme Court issued its decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. Justice Kennedy, writing for the majority in a 5-4 decision, affirmed that disparate impact claims are cognizable under the Fair Housing... |
2018 |
| Dave Fagundes |
WHY LESS PROPERTY IS MORE: INCLUSION, DISPOSSESSION, & SUBJECTIVE WELL-BEING |
103 Iowa Law Review 1361 (May, 2018) |
ABSTRACT: The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics--the emergent science of happiness--to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field shows that owners maximize their welfare, not when... |
2018 |
| Steven J. Eagle |
"AFFORDABLE HOUSING" AS METAPHOR |
44 Fordham Urban Law Journal 301 (May, 2017) |
This Article examines the varying and often-conflicting meanings and goals ascribed to the term affordable housing. It asserts that the term often serves as a metaphor; it obscures rather than clarifies, and contributes to the intractability of problems pertaining to housing from any perspective. The Article further asserts that attempts to deal... |
2017 |
| Palma Joy Strand |
"MIRROR, MIRROR, ON THE WALL .": REFLECTIONS ON FAIRNESS AND HOUSING IN THE OMAHA-COUNCIL BLUFFS REGION |
50 Creighton Law Review 183 (March, 2017) |
It wasn't African Americans moving in that caused housing values to go down in . neighborhoods, it was whites leaving. -Race: The Power of an Illusion In some cities, kids living just blocks apart lead incredibly different lives. They go to different schools, play in different parks, shop in different stores, and walk down different streets. And... |
2017 |
| Hensleigh Crowell |
A HOME OF ONE'S OWN: THE FIGHT AGAINST ILLEGAL HOUSING DISCRIMINATION BASED ON CRIMINAL CONVICTIONS, AND THOSE WHO ARE STILL LEFT BEHIND |
95 Texas Law Review 1103 (April, 2017) |
The ache for home lives in all of us, the safe place where we can go as we are and not be questioned. --Maya Angelou Housing discrimination against men and women with criminal records is ubiquitous in American society. Considering America imprisons more of its population than any country in the world, the effects of this discrimination are... |
2017 |
| Eric Vanderhoef |
A HOUSE BUILT ON SHIFTING SANDS: STANDING UNDER THE FAIR HOUSING ACT AFTER THOMPSON v. NORTH AMERICAN STAINLESS |
12 Duke Journal of Constitutional Law & Public Policy Sidebar 83 (February 9, 2017) |
The central purpose of the Fair Housing Act, according to the Supreme Court, is to eradicate discriminatory practices in the housing sector. The statute enables suit from an aggrieved person. For decades, this meant that a suit could be brought by any plaintiff that claimed to have met the constitutional standing requirements, namely,... |
2017 |