| Author | Title | Citation | Summary | Year |
| Tim Iglesias |
A NOVEL TOOL FOR TEACHING PROPERTY: STARTING WITH THE QUESTIONS |
20 Chapman Law Review 321 (Spring, 2017) |
Gertrude Stein asked, What is the answer? . and when no answer came she laughed and said: Then, what is the question? Generally, property law is taught, along with torts and contracts, as a first-year foundational course introducing students to the common law. While property law consists of legal doctrines, rules, policy justifications, and... |
2017 |
| Cacilia Kim, Elizabeth Kristen |
A SAFER HOUSE |
39-JAN Los Angeles Lawyer 22 (January, 2017) |
SAFETY is a key concern for homeless women veterans and safety concerns can put a variety of benefits and services, in particular those tailored to veterans, out of their reach. That is because a disproportionately high number of homeless women veterans suffer from post-traumatic stress disorder (PTSD) and other mental health conditions that stem... |
2017 |
| Jeremy Matthews |
AFFH ROLE IN HOUSING POLICY WITHOUT LONG-LASTING REFORM FOR AGRICULTURAL WORKERS |
26 San Joaquin Agricultural Law Review 165 (2016-2017) |
The United States has long recognized the importance of a stable housing market and affordable housing. Fair opportunities to achieve and gain personal fulfillment are quintessential elements of the national mantra known as the American Dream. Realization of the American Dream is more likely to be obtained when individuals and families are able to... |
2017 |
| Blake Emerson |
AFFIRMATIVELY FURTHERING EQUAL PROTECTION: CONSTITUTIONAL MEANING IN THE ADMINISTRATION OF FAIR HOUSING |
65 Buffalo Law Review 163 (January, 2017) |
The meaning of equal protection is intimately linked with administrative practice. The Fourteenth Amendment was passed in part to further the interventions and ensure the constitutionality of the Freedmen's Bureau, which provided public services and legal protection for emancipated African Americans in the Southern states in the wake of the Civil... |
2017 |
| Nestor M. Davidson |
AFFORDABLE HOUSING LAW AND POLICY IN AN ERA OF BIG DATA |
44 Fordham Urban Law Journal 277 (May, 2017) |
Introduction. 277 I. Why Might Big Data Matter to Affordable Housing Policy?. 281 A. Big Data and Policy. 281 B. From Outputs to Outcomes in Affordable Housing. 284 II. Big Data in Affordable Housing Law and Policy. 287 A. Some Examples of Big Data's Potential in Affordable Housing. 288 1. Siting Decisions, Mobility, and Neighborhood Effects. 288... |
2017 |
| Shelley Cavalieri |
BACK TO THE BASICS: LESSONS FROM U.S. PROPERTY LAW FOR LAND REFORM |
95 Denver Law Review 73 (Fall, 2017) |
Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... |
2017 |
| Sarah Golabek-Goldman |
BAN THE ADDRESS: COMBATING EMPLOYMENT DISCRIMINATION AGAINST THE HOMELESS |
126 Yale Law Journal 1788 (April, 2017) |
This Note presents a study of obstacles to employment faced by homeless job applicants and offers potential solutions. Homeless job applicants confront discrimination when they provide the address of a shelter or do not have an address to provide on applications. Advocates should seek to protect homeless job applicants by encouraging businesses,... |
2017 |
| Taisha N. Sturdivant |
BEGINNER'S GUIDE TO THE FAIR HOUSING ACT AMY M. GLASSMAN & NYDIA M. POUYES AMERICAN BAR ASSOCIATION (2016) 6X9/40 PAGES/$39.95 (SHOPABA.ORG) |
26 Journal of Affordable Housing & Community Development Law 228 (2017) |
In 1968, Congress declared it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. In connection with its declaration of policy, and in recognition of the need to combat and prevent segregation in housing, Congress passed the Fair Housing Act of 1968 (FHA). Although the... |
2017 |
| Jonathan Zasloff |
BETWEEN RESISTANCE AND EMBRACE: AMERICAN REALTORS, THE JUSTICE DEPARTMENT, AND THE UNCERTAIN TRIUMPH OF THE FAIR HOUSING ACT, 1968-1978 |
61 Howard Law Journal 69 (Fall, 2017) |
ABSTRACT. 70 INTRODUCTION. 70 I. TRENDS IN DISCRIMINATION, 1968-1977. 73 A. Before the Fair Housing Act. 73 B. The Result of a Decade. 74 II. THE ARGUMENT FROM ATTITUDES. 76 III. ENFORCEMENT AND ITS FRAMEWORK. 78 A. DOJ Moves Ahead. 80 B. Case Study: DOJ in Los Angeles. 82 IV. THE TRANSFORMATION OF AMERICAN REALTORS. 84 A. The Ideology of Forced... |
2017 |
| Anne M. Robertson |
BLOWING PAST MINNESOTA NICE: NEW OPPORTUNITIES ARISE TO UTILIZE DISPARATE-IMPACT THEORY AND PRACTICE IN TWIN CITIES LOW-INCOME HOUSING DISCRIMINATION LITIGATION |
43 Mitchell Hamline Law Review 63 (2017) |
I. Introduction. 64 II. Housing Discrimination: What Legal Aid Sees in the Twin Cities. 67 III. The Supreme Court's 2015 Stamp of Approval for Fair-Housing Disparate-Impact Claims' Cognizability in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. 69 A. New Jersey Legal Aid Defends Fair-Housing Rights for... |
2017 |
| Andrea Kozak-Oxnard |
CARE AND COMMUNITY EMPOWERMENT: COALITION-BUILDING BETWEEN HOME CARE WORKERS AND DISABILITY RIGHTS ACTIVISTS |
35 Columbia Journal of Gender and Law 70 (2017) |
This Note looks closely at the issues facing home care workers and the persons with disabilities and older persons who consume that care. It argues that without seriously taking into account the unique intersectional needs of both care providers--predominately low-income women of color--and care consumers-- generally persons who have disabilities,... |
2017 |
| Bonnie Sellers |
CHAPTER 535: WOMEN VETERANS CONTINUE TO FIGHT BATTLES ON THE HOME FRONT |
48 University of the Pacific Law Review 725 (2017) |
Code Sections Affected Military and Veterans Code ยง 998.541(a) (amended). SB 866 (Roth); 2016 STAT. Ch. 535 C1-3Table of Contents I. Introduction. 725 II. Legal Background. 727 A. Addressing the Specific Hurdles Faced by Women Veterans. 727 B. Federal and State Housing Discrimination Prevention. 728 C. The History of California Veterans Programs.... |
2017 |
| Jessica A. Shoemaker |
COMPLEXITY'S SHADOW: AMERICAN INDIAN PROPERTY, SOVEREIGNTY, AND THE FUTURE |
115 Michigan Law Review 487 (February, 2017) |
This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today's federally imposed reservation... |
2017 |
| Brad Greenburg |
CONSOLIDATION AFTER CRISIS: HOW A FEW PRIVATE INVESTORS BOUGHT DISTRESSED, FEDERALLY-INSURED MORTGAGES AFTER THE FORECLOSURE CRISIS |
20 NYU Journal of Legislation and Public Policy 887 (2017) |
Introduction. 888 I. FHA and the Foreclosure Crisis. 890 A. FHA: Background and History. 890 B. FHA's History of Foreclosure Alternatives. 892 C. FHA and the Rise of Subprime Products in the 1990s and Early 2000s. 895 D. The Subprime Bubble Bursts and FHA Doubles Down. 902 E. Unwinding the FHA's Portfolio of Delinquent Loans. 908 II. The Distressed... |
2017 |
| Rita Burns, Sara Mohamed, Andrew Newstein |
DANGER OF THE OPT-OUT: STRATEGIES FOR PRESERVING SECTION 8 PROJECT-BASED HOUSING IN PHILADELPHIA |
26 Journal of Affordable Housing & Community Development Law 83 (2017) |
Executive Summary. 85 I. Introduction: Is Philadelphia Opting Out of Affordable Housing?. 87 II. Racial and Socio-Economic Inequity in the Loss of Section 8 Project-Based Housing. 88 III. Background: Subsidized Housing Law In Philadelphia. 90 A. Section 8 Project Based Developments. 90 B. Project-Based Rental Assistance. 92 C. Owners Can Opt-Out of... |
2017 |
| Eileen Boris |
DECENT WORK IN THE HOME: AFFECT AND RIGHTS TALK |
15 Santa Clara Journal of International Law 79 (February 3, 2017) |
This article analyzes the struggle for decent work in the home by focusing on tactics of representation and the use of emotive discourse. To make caring labors legible, it argues, we call them work and to make work decent, that is, life-sustaining, we rely upon employment standards forged with the Western and white male industrial worker as the... |
2017 |
| Eva Coruzzi Schneider |
DISPARATE IMPACT LACKS AN IMPACT: THE NEED FOR PAY FOR SUCCESS PROGRAMS TO HOUSE FORMERLY INCARCERATED PEOPLE |
44 Fordham Urban Law Journal 529 (May, 2017) |
As a society, our decision to heap shame and contempt upon those who struggle and fail in a system designed to keep them locked up and locked out says far more about ourselves than it does about them. C1-2Table of Contents Introduction. 530 I. Background. 535 A. Incarceration, Segregation, and Poverty Today. 540 B. The Importance of Reducing... |
2017 |
| Daniel Sheehan |
DISPARATE IMPACT LIABILITY UNDER THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES |
25 Journal of Affordable Housing & Community Development Law 391 (2017) |
Introduction. 391 I. Inclusive Communities and the New Disparate Impact Test. 393 A. Facts of Inclusive Communities. 393 B. Court Proceedings. 394 II. The Making of the New Disparate Impact Framework. 398 A. Two Types of Disparate Impact Cases Prior to Inclusive Communities. 399 1. Disparate Impact Liability in Housing Barrier Cases. 400 2.... |
2017 |
| James A. Allen |
DISRUPTING AFFORDABLE HOUSING: REGULATING AIRBNB AND OTHER SHORT-TERM RENTAL HOSTING IN NEW YORK CITY |
26 Journal of Affordable Housing & Community Development Law 151 (2017) |
Introduction. 152 I. The New York City Capacity Problem. 156 A. A Brief History of Housing in New York. 158 B. The New York City Capacity Problem: Balancing Affordability with the Tourist Economy. 160 1. Addressing Affordable Housing in New York City. 160 2. Tourism in New York. 162 C. The Impact of Short-Term Rentals on New York City Affordable... |
2017 |
| Andrea J. Boyack |
EQUITABLY HOUSING (ALMOST) HALF A NATION OF RENTERS |
65 Buffalo Law Review 109 (January, 2017) |
Across America, the rent is too damn high. The country's population of renters is growing faster than the supply of available rental units. Rental vacancies are reaching new lows, and rental rates are reaching new highs. Millions of former homeowners have lost their homes in foreclosure and, due to today's much tighter mortgage underwriting... |
2017 |
| Lisa T. Alexander |
EVICTED: THE SOCIO-LEGAL CASE FOR THE RIGHT TO HOUSING |
126 Yale Law Journal Forum 431 (April 12, 2017) |
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted,... |
2017 |
| Ezra Rosser |
EXPLOITING THE POOR: HOUSING, MARKETS, AND VULNERABILITY |
126 Yale Law Journal Forum 458 (April 3, 2017) |
Matthew Desmond's magisterial Evicted: Poverty and Profit in the American City is arguably the most important book about poverty in the United States in a generation. Just as Michael Harrington's The Other America provided the country with a necessary window onto the poverty lurking below the surface of the affluent society of post-war America, so... |
2017 |
| Max Rubinson |
EXPLORING THE TRANS-PACIFIC PARTNERSHIP'S COMPLEXITIES THROUGH THE LENS OF ITS INTELLECTUAL PROPERTY RIGHTS CHAPTER |
31 Emory International Law Review 449 (2017) |
The Trans-Pacific Partnership (TPP) is a multilateral trade agreement negotiated between twelve Pacific-Rim countries, including the United States. Despite receiving significant criticism, the agreement ultimately represents a delicate balance of concessions intended to promote global economic stability and increase cooperation between member... |
2017 |
| |
FAIR HOUSING ACT--STANDING AND PROXIMATE CAUSE-- BANK OF AMERICA CORP. v. CITY OF MIAMI |
131 Harvard Law Review 373 (November, 2017) |
The Fair Housing Act (FHA) was the last of the three major civil rights statutes passed in the 1960s, its passage spurred by a presidential commission's conclusion that the United States was moving toward two societies, one black, one white--separate and unequal. The FHA prohibits, among other things, racial discrimination in the terms and... |
2017 |
| Megan Haberle |
FAIR HOUSING AND ENVIRONMENTAL JUSTICE: NEW STRATEGIES AND CHALLENGES |
26 Journal of Affordable Housing & Community Development Law 271 (2017) |
Fair housing and environmental justice are deeply intertwined, though they have long operated in separate siloes among both policymakers and advocates. In recent years, the importance of connecting these issues has been brought home in acute ways. This included the public exposure of lead poisoning in Flint, Michigan (which gave momentum to... |
2017 |
| David L. Callies, Derek B. Simon |
FAIR HOUSING, DISCRIMINATION, AND INCLUSIONARY ZONING IN THE UNITED STATES |
49 Urban Lawyer 687 (Fall, 2017) |
The United States has struggled with discrimination in housing and the providing of affordable, workforce or low-income housing for decades. This paper summarizes and analyzes the problems and opportunities created in large measure by federal and state courts, together with guidance provided by the U.S. Department of Housing and Urban Development... |
2017 |
| |
FAIR HOUSING: INTRODUCTION |
65 Buffalo Law Review 1 (January, 2017) |
Home is the place where you live. Home may be a house, an apartment, a condominium, or more broadly, a neighborhood, a village, a city, or a region. It can include the school you attend, your place of work, the bike trails you ride on for recreation, or the parks you bring your children to. The three Articles and one Essay contained in this Issue... |
2017 |
| Kerri Thompson |
FAIR HOUSING'S TRAP DOOR: FIXING THE BROKEN DISPARATE IMPACT DOCTRINE UNDER THE FAIR HOUSING ACT |
25 Journal of Affordable Housing & Community Development Law 435 (2017) |
Fair housing advocates were relieved when the Supreme Court recently confirmed that disparate impact claims can be brought under the Fair Housing Act. But allowing these claims actually does little for people who have housing discrimination claims. Instead, the strict burden-shifting test used to apply disparate impact theory opens a trap door,... |
2017 |
| Michelle Page |
FORGOTTEN YOUTH: HOMELESS LGBT YOUTH OF COLOR AND THE RUNAWAY AND HOMELESS YOUTH ACT |
12 Northwestern Journal of Law & Social Policy 17 (Winter, 2017) |
Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness, but it does provide services and programs specifically designed to aid homeless youth. It has... |
2017 |
| Elizabeth M. Tisher |
HISTORIC HOUSING FOR ALL: HISTORIC PRESERVATION AS THE NEW INCLUSIONARY ZONING |
41 Vermont Law Review 603 (Spring, 2017) |
The real world of human action is too varied and complex to be captured by any set of categorical structures .. [L]ife's diversity and complexity cannot be contained within square corners. Introduction. 604 I. Background. 606 A. Local Historic Preservation Controls. 606 1. National Register Historic Districts. 606 2. Local Historic Districts. 607... |
2017 |
| Kelly Hwa |
HYDRAULIC FRACTURING AND FORCED POOLING LAWS: WHY FRACKING OPERATORS' USE OF DECADES-OLD LAWS TO COMPEL ACCESS TO PROPERTIES MUST BE REEXAMINED |
63 Wayne Law Review 105 (Spring, 2017) |
I. Introduction. 105 II. Background. 107 A. Overview of Hydraulic Fracturing. 107 B. The History and Development of Forced Pooling Laws. 108 1. The Rule of Capture. 108 2. Development of Spacing and Compulsory Pooling Laws. 109 3. Current State of Forced Pooling Laws. 110 4. Michigan's Forced Pooling Law. 112 C. The Constitutionality of Forced... |
2017 |
| Evan Bonnstetter |
IMPORTING THE LEGAL FRAMEWORK OF LIMITED PROFIT HOUSING ASSOCIATIONS INTO THE AFFORDABLE HOUSING SYSTEM OF THE UNITED STATES |
26 Michigan State International Law Review 103 (2017) |
Housing is a basic human necessity. The current approach to affordable housing in the United States is defined in large part by its complexity and technical details. Numerous programs, including tax credits, grants, and rent vouchers exist to incentivize the development and increase the affordability of housing. However, these programs fall short... |
2017 |
| David D. Troutt |
INCLUSION IMAGINED: FAIR HOUSING AS METROPOLITAN EQUITY |
65 Buffalo Law Review 5 (January, 2017) |
We're not talking about the Normandy School District losing their accreditation because of their buildings, or their structures, or their teachers. We are talking about violent behavior that is coming in with my first grader, my third grader, and my middle schooler that I'm very worried about. . I want the same security that Normandy gets when they... |
2017 |
| J. William Callison |
INCLUSIVE COMMUNITIES: GEOGRAPHIC DESEGREGATION, URBAN REVITALIZATION, AND DISPARATE IMPACT UNDER THE FAIR HOUSING ACT |
25 Journal of Affordable Housing & Community Development Law 421 (2017) |
I. Introduction. 421 II. The Inclusive Communities Case. 424 III. Observations. 428 A. Robust Causality. 429 B. Protections for Defendants When the Burden Does Shift. 430 C. Limited Remedy. 431 1. Disparate Impact Also Limps When Applied as a Tool to Eliminate Consideration of Race. 432 2. Inclusive Communities May Change the Focus of Fair Housing... |
2017 |
| Joseph William Singer |
INDIAN TITLE: UNRAVELING THE RACIAL CONTEXT OF PROPERTY RIGHTS, OR HOW TO STOP ENGAGING IN CONQUEST |
10 Albany Government Law Review 1 (2017) |
It has never been contended, that the Indian title amounted to nothing. Their right of possession has never been questioned. The claim of government extends to the complete ultimate title, charged with this right of possession, and to the exclusive power of acquiring that right. Johnson v. M'Intosh (1823) [The Indian] right of occupancy is... |
2017 |
| Eric R. Claeys |
LABOR, EXCLUSION, AND FLOURISHING IN PROPERTY LAW |
95 North Carolina Law Review 413 (January, 2017) |
This Article presents a natural rights justification for property rights in a theory called productive labor theory. Productive labor theory sets forth a Lockean, labor-based case for property. It links property to human interests in flourishing--specifically in interests in using ownable resources to produce comtituent elements of survival or... |
2017 |
| Alison Tanner |
LIVE AND LEARN: USING THE FAIR HOUSING ACT TO ADVANCE EDUCATIONAL OPPORTUNITY FOR PARENTING STUDENTS |
105 Georgetown Law Journal 1453 (June, 2017) |
C1-2Table of Contents Introduction. 1454 I. Housing for Student-Parents. 1456 a. the unmet housing needs of student-parents. 1457 b. the legal gap for student-parents. 1460 II. Applying the FHA to University-Provided Housing. 1461 a. the fha's prohibition on discrimination based on familial status. 1461 b. the statutory definition of dwelling... |
2017 |
| Julie Gilgoff |
LOCAL RESPONSES TO TODAY'S HOUSING CRISIS: PERMANENTLY AFFORDABLE HOUSING MODELS |
20 CUNY Law Review 587 (Spring, 2017) |
C1-2Contents Introduction. 588 I. Community Land Trusts. 588 A. Permanently Affordable Housing Models Rectify the Consequences of Discriminatory Housing Policies: Benefits of CLTs. 591 II. A Comparative Study of CLTs: New York and the Bay Area. 595 A. New York City. 596 1. NYCHA. 596 2. Mitchell-Lama Housing. 598 3. Mandatory Inclusionary Housing.... |
2017 |
| Jesse D.H. Snyder |
NO NEED FOR CITIES TO DESPAIR AFTER BANK OF AMERICA CORPORATION v. CITY OF MIAMI: HOW PATENT LAW CAN ASSIST IN PROVING PREDATORY LOANS DIRECTLY CAUSE MUNICIPAL BLIGHT UNDER THE FAIR HOUSING ACT |
70 Maine Law Review 63 (2017) |
I. Introduction II. Racial Segregation and the Fair Housing Act Through October Term 2014 A. The Fair Housing Act: Acknowledgement that Fairness in Housing is Inviolable B. Disparate Impact and the Maturing Views of the Fair Housing Act III. Bank of America and City Standing Under the Fair Housing Act A. The Genesis of City Lawsuits Under the Fair... |
2017 |
| Sydney Hawthorne |
PEOPLE OR PLACE: WHICH APPROACH IS SUPERIOR WHEN IT COMES TO ADDRESSING EDUCATION REFORM THROUGH COMMUNITY DEVELOPMENT AND HOUSING POLICY? |
52 Gonzaga Law Review 109 (2016/2017) |
C1-3Table of Contents I. Introduction. 110 II. A Call for Action: The State of America's Education System for Low-Income and minority families in Urban Centers. 111 III. Using a People-Based Approach to Improve Educational Opportunities for Low Income and Minority Families and Children. 114 A. The Shortcomings of Housing Vouchers in the Context of... |
2017 |
| Lynda L. Butler |
PROPERTY AS A MANAGEMENT INSTITUTION |
82 Brooklyn Law Review 1215 (Spring, 2017) |
The institution of property serves an important management function for society, guiding the use of resources among its members by delegating to the owner the power to decide how and when to use a resource. Under the dominant American approach, this delegation recognizes broad decision-making powers in the individual property owner. Grounded in an... |
2017 |
| Lawrence Brown, PhD |
PROTECT WHOSE HOUSE? HOW BALTIMORE LEADERS FAILED TO FURTHER AFFORDABLE AND FAIR HOUSING IN PORT COVINGTON |
6 University of Baltimore Journal of Land and Development 161 (Spring, 2017) |
They will try to break you Time has been a comin for reckoning for sobering for unshackling for truth Kingdoms Redemption, Tariq Toure in Black Seeds In the days and weeks following the April 27, 2015 Baltimore Uprising, politicians and civil leaders promised that things would change and be different in the wake of the most explosive social and... |
2017 |
| Emily Rees Brown |
PUBLIC-PRIVATE PARTNERSHIPS: HUD'S LOST OPPORTUNITIES TO FURTHER FAIR HOUSING |
21 Lewis & Clark Law Review 735 (2017) |
This Article examines important yet rarely discussed barriers to dismantling residential segregation in the United States: federal regulations that prevent recipients of federal housing dollars from productively engaging the private sector and effectively navigating the private housing market. These U.S. Department of Housing and Urban Development... |
2017 |
| Ambur Smith |
REACTION TO: THE HARMS OF RACE-NEUTRALITY IN OBAMA-ERA AFFORDABLE HOUSING POLICY |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 199 (Fall, 2017) |
This reaction piece will analyze and comment on the recommendations made with regard to the foreseeably discriminatory, and inadequate nature of the Obama Administration's Choice Neighborhoods Initiative (CNI) in Richard Marsico's Note, The Harms of Race-Neutrality in Obama-Era Affordable Housing Policy. Ultimately, I advance the idea that... |
2017 |
| James Grimmelmann |
REAL + IMAGINARY = COMPLEX: TOWARD A BETTER PROPERTY COURSE |
66 Journal of Legal Education 930 (Summer, 2017) |
The first-year course in property has a dreadful reputation. When the St. Louis University Law Review invited four students to contribute to a symposium on teaching property, three of the four used the occasion to bash the course. One began with the hypothesis that it shouldn't be a required course. Another wrote, I must admit my disappointment... |
2017 |
| Alan C. Weinstein |
REFLECTIONS ON THE PERSISTENCE OF RACIAL SEGREGATION IN HOUSING |
45 Capital University Law Review 59 (Winter, 2017) |
My reflection on Professor Roberts' Sullivan Lecture poses two questions. First, how far have we come as a nation from the hyper-segregated housing patterns of the 1930s through 1960s that Professor Roberts described in her lecture? Regrettably, the answer appears to be not far at all. Further, we are today faced with a second form of... |
2017 |
| Paul A. Diller |
REORIENTING HOME RULE: PART 2--REMEDYING THE URBAN DISADVANTAGE THROUGH FEDERALISM AND LOCALISM |
77 Louisiana Law Review 1045 (Summer, 2017) |
C1-3Table of Contents Introduction. 1046 I. Remedying the Urban Disadvantage in the Federal Order. 1051 A. States Suffer Urban Disadvantage Too. 1055 B. Assessing Big-State Immunity to Preemption. 1059 C. Assessing Big-City Immunity to Preemption. 1062 II. Constitutional Home Rule or Mini Tenth Amendments. 1064 A. Constitutional, or Imperio, Home... |
2017 |
| Billy Gage Raley |
SAFE AT HOME: ESTABLISHING A FUNDAMENTAL RIGHT TO HOMESCHOOLING |
2017 Brigham Young University Education and Law Journal 59 (2017) |
Over the past thirty years, homeschooling has exploded in popularity. The U.S. Department of Education estimates that nearly two million children were homeschooled in the United States as of 2011. It is predicted that [w]ith an increasing array of services available to homeschool students and their families, the number of homeschool students will... |
2017 |
| Lee Anne Fennell |
SEARCHING FOR FAIR HOUSING |
97 Boston University Law Review 349 (March, 2017) |
Introduction. 350 I. Is Homeseeking Harmless?. 356 A. The Harms of Biased Search. 357 1. Search Heuristics and Racial Bias. 358 2. Proxies and Preferences. 363 3. Search as an Impediment to Fair Housing. 367 B. Are There Countervailing Considerations?. 369 1. Gentrification and Displacement. 369 2. Minority Preferences for Segregated Neighborhoods.... |
2017 |
| Tess Fortune |
SEGREGATED HOUSING: CELEBRATORY OR DISCRIMINATORY? |
46 Journal of Law and Education 599 (Fall, 2017) |
In 2016, several universities in the United States enacted racially segregated housing policies in on-campus dormitory buildings. These policies reserve specified dorm blocks in which only qualified students can live. For a student to be qualified, they must meet three criteria: be enrolled in the school, wish to live in these blocks, and be a... |
2017 |