| Author | Title | Citation | Summary | Year |
| Jootaek Lee |
CONTEMPORARY LAND GRABBING: RESEARCH SOURCES AND BIBLIOGRAPHY |
107 Law Library Journal 259 (Spring, 2015) |
This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... |
2015 |
| Ruth L. Okediji |
CONTRACTS, PERSONS AND PROPERTY: A TRIBUTE TO MARGARET JANE RADIN |
22 Michigan Telecommunications and Technology Law Review 143 (Fall, 2015) |
This manuscript may be accessed online at repository.law.umich.edu. In 2011, the United States was only just beginning to emerge from what some claimed to be the most significant economic crisis since the Great Depression. The devastation wrought by unregulated subprime mortgages unfolded as a political, legal, financial and social tragedy.... |
2015 |
| Lateef Mtima |
COPYRIGHT AND SOCIAL JUSTICE IN THE DIGITAL INFORMATION SOCIETY: "THREE STEPS" TOWARD INTELLECTUAL PROPERTY SOCIAL JUSTICE |
53 Houston Law Review 459 (2015) |
Copyright law and policy makers around the world have proven quite adept at identifying, exploiting, and promoting the social utility benefits made available through advances and innovations in digital information technology. Courts have played a critical role in achieving this progress, particularly through the use of various copyright social... |
2015 |
| Amanda Werner |
CORPORATIONS ARE (WHITE) PEOPLE: HOW CORPORATE PRIVILEGE REIFIES WHITENESS AS PROPERTY |
31 Harvard Journal on Racial & Ethnic Justice 129 (Spring 2015) |
In 1993, renowned legal scholar and Critical Race theorist Cheryl Harris's Whiteness as Property examined how property rights interact with and reinforce race. Harris documents how the American property regime developed in tandem with conceptions of race to inhere the white identity with protected legal value, shaping historical patterns of... |
2015 |
| Donald J. Kochan |
DEALING WITH DIRTY DEEDS: MATCHING NEMO DAT PREFERENCES WITH PROPERTY LAW PRAGMATISM |
64 University of Kansas Law Review 1 (November, 2015) |
An organizing principle of the rule of law based on individualism and order is expressed by the Latin maxim nemo dat quod non habet (hereinafter nemo dat for shorthand)--roughly translated to mean that one can only give what they have or one can only transfer what they own. It is a matter of only being permitted to do what is within your legal... |
2015 |
| Ezra Rosser |
DESTABILIZING PROPERTY |
48 Connecticut Law Review 397 (December, 2015) |
Property theory has entered into uncertain times. Conservative and progressive scholars are, it seems, fiercely contesting everything, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is about whether property law works. Conservatives believe that property law works. Progressives believe... |
2015 |
| Kali Murray |
DISPOSSESSION AT THE CENTER IN PROPERTY LAW |
2 Savannah Law Review 201 (2015) |
My mother took my sister and me to plantations for our summer vacations: Destrehan Plantation in Destrehan, Louisiana; Mount Vernon Plantation in Mount Vernon, Virginia; and Monticello Plantation in Charlottesville, Virginia. On these trips, we would receive a guided tour of the owner's house, the owner's grounds, and the owner's fields. There,... |
2015 |
| |
FAIR HOUSING ACT--DISPARATE IMPACT AND RACIAL EQUALITY--TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT, INC. |
129 Harvard Law Review 321 (November, 2015) |
Over the last decade, the Supreme Court has repeatedly restricted the ability of public actors to consider race when taking remedial steps to repair racial disparities in society. One case, Ricci v. DeStefano, limited Title VII's disparate-impact doctrine --which directs courts to consider the racial effects of facially neutral practices--and left... |
2015 |
| Margaret Moore Jackson |
FAIR HOUSING IN BOOM TIMES AND BEYOND |
91 North Dakota Law Review 513 (2015) |
The decade-long boom in oil extraction activities in North Dakota propelled a dramatic turnaround in the state's previously staid economic conditions, but also imposed social challenges. One obvious dilemma was how to provide adequate housing for the drastically expanded population in remote, oil-producing counties that did not have nearly enough... |
2015 |
| Robert G. Schwemm |
FAIR HOUSING LITIGATION AFTER INCLUSIVE COMMUNITIES: WHAT'S NEW AND WHAT'S NOT |
115 Columbia Law Review Sidebar 106 (September 18, 2015) |
On June 25, 2015, the Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (Inclusive Communities or ICP) that parts of the federal Fair Housing Act (FHA) include a disparate-impact standard of liability. This standard allows liability without a showing of illegal intent and traces back to... |
2015 |
| Philip T.K. Daniel, J.D., Ed.D. and Jeffrey C. Sun, J.D., Ph.D. |
FALLING SHORT IN SHELTERING HOMELESS STUDENTS: SUPPORTING THE STUDENT ACHIEVEMENT PRIORITY THROUGH THE MCKINNEY–VENTO ACT |
312 West's Education Law Reporter 489 (2/26/2015) |
Homelessness of school agedstudents is a significant problem in the United States. According to the National Center for Homeless Education, nearly 1.17 million students were homeless during the 20112012 school year. Just two years earlier, that number was 940,000, demonstrating an increase of 24% in two years. Viewed another way, the ratio of... |
2015 |
| Adrien Fernandez |
FEATURE ARTICLE FINDING COMMON GROUND: EXPLORING WHETHER GENTRIFICATION AND PUBLIC HOUSING CAN CO-EXIST |
21 Public Interest Law Reporter 23 (Fall 2015) |
Chicago has had a long and sordid history with racial discrimination in public housing. In June 2015, the United States Supreme Court held that people could now bring discrimination claims for housing by establishing a discriminatory effect, instead of intentional discrimination. This distinction is so crucial because now a discrimination claim can... |
2015 |
| Hannah Weinstein |
FIGHTING FOR A PLACE CALLED HOME: LITIGATION STRATEGIES FOR CHALLENGING GENTRIFICATION |
62 UCLA Law Review 794 (March, 2015) |
Since the passage of the 1968 Fair Housing Act (FHA), there have been clear legal tools and strategies for combating segregation and promoting diverse cities and towns. While the FHA and zoning laws have been used successfully to ensure that formerly all-white city neighborhoods and towns are accessible to diverse residents, a new problem is... |
2015 |
| Priya S. Gupta |
GOVERNING THE SINGLE-FAMILY HOUSE: A (BRIEF) LEGAL HISTORY |
37 University of Hawaii Law Review 187 (Winter, 2015) |
This Article investigates connections between the extensive New Deal law and regulation that led to the proliferation of single-family detached houses and the continuing racial disparities in housing security and ownership in the United States. Too often, the pervasiveness of the single-family house as the ideal form of ownership and racial... |
2015 |
| Leigh Goodmark |
HANDS UP AT HOME: MILITARIZED MASCULINITY AND POLICE OFFICERS WHO COMMIT INTIMATE PARTNER ABUSE |
2015 Brigham Young University Law Review 1183 (2015) |
The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence... |
2015 |
| Sarah Swan |
HOME RULES |
64 Duke Law Journal 823 (February, 2015) |
Thousands of American cities and towns are responding to social problems like bullying, drug abuse, and criminality by passing ordinances that hold individuals responsible for the wrongful acts of their family members and friends. Parental liability ordinances impose sanctions on parents when their children engage in bullying or other targeted... |
2015 |
| Rashmi Dyal-Chand |
HOUSING AS HOLDOUT: SEGREGATION IN AMERICAN NEIGHBORHOODS |
50 Tulsa Law Review 329 (Winter 2015) |
Jeannine Bell, Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing (2013). Pp. 259. Hardcover $ 30.00. Richard R. W. Brooks & Carol M. Rose, Saving the Neighborhood: Racially Restrictive Covenants, Law, and Social Norms (2013). Pp. 304. Hardcover $ 49.95. Douglas S. Massey et al., Climbing Mount Laurel:... |
2015 |
| John J. Infranca |
HOUSING RESOURCE BUNDLES: DISTRIBUTIVE JUSTICE AND FEDERAL LOW-INCOME HOUSING POLICY |
49 University of Richmond Law Review 1071 (May, 2015) |
Less than one in four income-eligible households receives some form of rental assistance from the federal government. In contrast with other prominent public benefit programs--including Temporary Aid to Needy Families (TANF) and unemployment insurance--no time limit is placed on the assistance provided through the Department of Housing and Urban... |
2015 |
| Matthew Desmond, Monica Bell |
HOUSING, POVERTY, AND THE LAW |
11 Annual Review of Law and Social Science 15 (2015) |
residential instability, eviction, homelessness, inequality, environment Throughout much of the late twentieth century, social scientists and legal scholars focused considerable attention on low-income housing and landlord-tenant law. In recent years, however, interest in housing has waned, leaving many questions fundamental to the poverty debate... |
2015 |
| Philip Lee |
IDENTITY PROPERTY: PROTECTING THE NEW IP IN A RACE-RELEVANT WORLD |
117 West Virginia Law Review 1183 (Spring, 2015) |
I. Introduction. 1184 II. The Socio-Legal Construction of Race in America. 1185 A. The Legal Protection of Whiteness and Degradation of Non-White Status. 1185 1. Non-Whiteness as a Bar to Legal Rights. 1186 2. Non-Whiteness as a Bar to Naturalization. 1187 3. Non-Whiteness as Reputational Harm to White People. 1190 4. Non-Whiteness as a Bar to... |
2015 |
| Kara W. Swanson |
INTELLECTUAL PROPERTY AND GENDER: REFLECTIONS ON ACCOMPLISHMENTS AND METHODOLOGY |
24 American University Journal of Gender, Social Policy and the Law 175 (2015) |
I. INTRODUCTION. 175 II. Accomplishments. 177 A. Generating Scholarship and Creating Connections. 177 B. Scholarly Contributions. 182 1. Analyzing Gender Disparity. 183 2. Analyzing the Application of IP Doctrines to Gendered and Sexualized Subject Matter. 184 3. Analyzing IP Doctrines as Gendered. 185 III. Beyond Accomplishments. 186 A.... |
2015 |
| Sharon D. Stuart |
IS THE WAIT ALMOST OVER? THE INSURANCE INDUSTRY WATCHES AS THE U.S. SUPREME COURT FINALLY CONSIDERS WHETHER THE FAIR HOUSING ACT ALLOWS CLAIMS FOR DISCRIMINATORY IMPACT |
82 Defense Counsel Journal 199 (April, 2015) |
This article originally appeared in the January 2015 Insurance and Reinsurance Committee newsletter. AS the case of Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. has wound its way through the district and appellate courts and on to the U.S. Supreme Court, the insurance industry has been closely... |
2015 |
| James J. Kelly, Jr. |
JUST, SMART: CIVIL RIGHTS PROTECTIONS AND MARKET-SENSITIVE VACANT PROPERTY STRATEGIES |
23 Journal of Affordable Housing & Community Development Law 209 (2015) |
C1-3Contents I. Civil Rights Protections Related to Community Development. 212 A. Fourteenth Amendment. 212 B. Fair Housing Act. 213 C. 42 U.S.C. § 1982. 216 D. Antidiscrimination Requirements of Federal Funding Programs. 218 E. Summary. 219 II. Civil Rights Concerns About Market-Sensitive Vacant Property Strategies. 220 A. Disparate Treatment... |
2015 |
| |
KEEPING CURRENT--PROPERTY |
29-AUG Probate and Property 33 (July/August, 2015) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. CONSTRUCTION CONTRACTS: Implied warranty of workmanlike quality applies to dwellings, not to unimproved residential lots. A home building and landscaping business... |
2015 |
| Michael David Williams |
LAND COSTS AS NON-ELIGIBLE BASIS: ARBITRARY RESTRICTIONS ON STATE POLICYMAKING AUTHORITY IN THE LOW-INCOME HOUSING TAX CREDIT PROGRAM |
18 NYU Journal of Legislation and Public Policy 335 (2015) |
Introduction. 336 I. The Location Decision. 339 A. Quantity Versus Quality. 339 B. The Importance of Neighborhood. 343 1. Education. 347 2. Health. 348 3. Economic Self-Sufficiency. 349 4. Public Safety. 350 II. Incentives in the Low-Income Housing Tax Credit Program. 351 A. The Low-Income Housing Tax Credit Program. 352 1. Applicable Fraction and... |
2015 |
| Brian E. Walters, Coauthor: David M. Walters , Coauthor: Jennifer Shamas |
LICENSED TO STEAL: TEXAS PRIVATE PROPERTY TOWING REGULATION AND CONSUMER REMEDIES |
56 South Texas Law Review 509 (Spring 2015) |
I. Introduction. 510 II. Background and History of the TTBA. 512 A. What Is the TTBA and Where Did it Come From?. 512 1. History of the TTBA. 512 2. How Does the TTBA Work?. 512 III. TTBA Regulation of Private Property Tows. 513 A. Towing 101: The Three Types of Tows. 513 B. Authorization to Tow: Permitting and Licensing. 515 1. Permitting. 515 2.... |
2015 |
| Tim Iglesias |
MAXIMIZING INCLUSIONARY ZONING'S CONTRIBUTIONS TO BOTH AFFORDABLE HOUSING AND RESIDENTIAL INTEGRATION |
54 Washburn Law Journal 585 (Summer 2015) |
Inclusionary zoning is a policy that can uniquely serve both affordable housing and fair housing at the same time. It has already been enacted in dozens of states. The U.S. Department of Housing and Urban Development (HUD) is close to finalizing its proposed Affirmatively Furthering Fair Housing regulation. Once this regulation is adopted,... |
2015 |
| Colin L. Anderson |
MEDIAN BANS, ANTI-HOMELESS LAWS AND THE URBAN GROWTH MACHINE |
8 DePaul Journal for Social Justice 405 (Spring 2015) |
In July of 2013, the Portland, Maine City Council voted to prohibit individuals from standing in the city's many street medians. The City Council ostensibly passed the law out of concern for traffic safety, and not because of a desire to limit panhandling by the city's growing homeless population, who often stationed themselves on traffic islands... |
2015 |
| Lisa T. Alexander |
OCCUPYING THE CONSTITUTIONAL RIGHT TO HOUSING |
94 Nebraska Law Review 245 (2015) |
I. Introduction 246 II. The Right to Housing and American Constitutional Norms. 251 A. The Right to Housing. 251 B. American Housing Rights and Constitutional Norms. 257 C. Popular Constitutionalism, Social Movements, and Private Law. 263 D. Local Property Reform as Popular Constitutionalism. 265 III. Occupying the American Right to Housing. 268 A.... |
2015 |
| Jonathon Angarola |
OHIO'S HOME-RULE AMENDMENT: WHY OHIO'S GENERAL ASSEMBLY CREATING REGIONAL GOVERNMENTS WOULD COMBAT THE REGIONAL RACE TO THE BOTTOM UNDER CURRENT HOME-RULE PRINCIPLES |
63 Cleveland State Law Review 865 (2015) |
I. Introduction. 866 II. Home Rule in Ohio. 868 A. How Home Rule Became Law in Ohio. 868 B. Regional Problems Critics Attribute to Home-Rule Principles. 870 C. Home-Rule Advocates' Principal Arguments. 876 D. Today's Regional Alternative. 877 III. How a Regional Consciousness Would Internalize the Information Problem. 879 A. The Constitutionality... |
2015 |
| Toni Lester |
OPRAH, BEYONCÉ, AND THE GIRLS WHO "RUN THE WORLD" - ARE BLACK FEMALE CULTURAL PRODUCERS GAINING GROUND IN INTELLECTUAL PROPERTY LAW? |
15 Wake Forest Journal of Business and Intellectual Property Law 537 (Spring, 2015) |
I. Introduction - What the Foremothers of Today's Black Female Cultural Producers Had to Contend With. 538 II. Part One - Using Critical Race, Feminist and Cultural Production Theory to Look at Black Female Cultural Production and the IP Regime. 543 III. Part Two: Success at Any Cost - Once Black Female Culture Producers Rise to the Top, Do They... |
2015 |
| Thomas Silverstein |
OVERCOMING LAND USE LOCALISM: HOW HUD'S NEW FAIR HOUSING REGULATION CAN PUSH STATES TO ERADICATE EXCLUSIONARY ZONING |
5 University of Baltimore Journal of Land and Development 25 (Fall, 2015) |
Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD's publication of a final AFFH rule on July 16, 2015 was the culmination of that process, but the rule did... |
2015 |
| Charles R. Lawrence III |
PASSING AND TRESPASSING IN THE ACADEMY: ON WHITENESS AS PROPERTY AND RACIAL PERFORMANCE AS POLITICAL SPEECH |
31 Harvard Journal on Racial & Ethnic Justice 7 (Spring 2015) |
Cheryl Harris begins her canonical piece, Whiteness as Property, by introducing her grandmother Alma. Fair skinned with straight hair and aquiline features, Alma passes so that she can feed herself and her two daughters. Harris speaks of Alma's daily illegal border crossing into this land reserved for whites. After a day's work, Alma returns home... |
2015 |
| Brian J. Connolly , Dwight H. Merriam |
PLANNING AND ZONING FOR GROUP HOMES: LOCAL GOVERNMENT OBLIGATIONS AND LIABILITY UNDER THE FAIR HOUSING AMENDMENTS ACT |
47 Urban Lawyer 225 (Spring, 2015) |
Across the diverse landscape of local land use matters, few regulatory issues and approval processes elicit as much emotion and opposition as planning and zoning decisions relating to housing for persons with disabilities. While such facilities have proven invaluably beneficial in the care and treatment of one of the most underserved populations in... |
2015 |
| Davida Finger |
POST-DISASTER HOUSING THROUGH THE LENS OF LITIGATION: THE KATRINA HOUSING JUSTICE DOCKET |
61 Loyola Law Review 591 (Fall 2015) |
This Article discusses post-disaster housing rights violations and corresponding litigation following the 2005 Gulf Coast hurricanes. The Introduction offers a brief reflection, at the ten-year anniversary of Hurricanes Katrina and Rita, on post-disaster work at the Law Clinic of Loyola University New Orleans College of Law. It also presents a... |
2015 |
| Jaime Alison Lee |
POVERTY, DIGNITY, AND PUBLIC HOUSING |
47 Columbia Human Rights Law Review 97 (Winter 2015) |
C1-2Table of Contents I. Introduction II. Culturalism and its Harms III. Countering Culturalism with Dignity a. Conditions Cases and The Due Process Revolution b. Applications in Public Housing i. Conditions ii. Adjudications iii. Rulemaking c. Culturalist Challenges to Procedure d. The Persistence of Culturalism IV. Extending Dignity a. Dignity... |
2015 |
| Andrew R. Brehm |
PRIVATE PROPERTY IN OUTER SPACE: ESTABLISHING A FOUNDATION FOR FUTURE EXPLORATION |
33 Wisconsin International Law Journal 353 (Fall 2015) |
With modern developments in space exploration and the private race to space, the concept of private property acquisition in outer space has become a pertinent issue in international law. This article examines whether private actors can and should be permitted to acquire property rights in outer space in light of the goals of space exploration. This... |
2015 |
| Brian Sawers |
PROPERTY LAW AS LABOR CONTROL IN THE POSTBELLUM SOUTH |
33 Law and History Review 351 (May, 2015) |
In 1860, unfenced land across the South was open to the public. No state criminalized trespass, and the range was closed in only part of one county. Elsewhere, some states had closed the range, but most unfenced land in the United States was open to the wanderer. In the former Confederacy, fresh elections were held in 1865, and legislatures moved... |
2015 |
| Valerie Schneider |
PROPERTY REBELS: RECLAIMING ABANDONED, BANK-OWNED HOMES FOR COMMUNITY USES |
65 American University Law Review 399 (December, 2015) |
In urban cores, abandoned, bank-owned, foreclosed homes attract crime, drain value from neighboring properties, and deplete the resources of municipalities, creating economic black holes in communities. Groups of activists affiliated with the Occupy Our Homes movement have been working to undo the harm caused by these abandoned homes by placing... |
2015 |
| Richard Epstein |
PROPERTY RIGHTS IN WATER, SPECTRUM, AND MINERALS |
86 University of Colorado Law Review 389 (Spring 2015) |
This essay compares the system of property rights that are in use for land, water, minerals, and spectrum. Each of these systems of property rights is intended to coordinate the activities of large numbers of individuals who are unable to contract among themselves for an arrangement that secures optimal resource use. The solutions that are... |
2015 |
| Natsu Taylor Saito |
RACE AND DECOLONIZATION: WHITENESS AS PROPERTY IN THE AMERICAN SETTLER COLONIAL PROJECT |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... |
2015 |
| Mae Kuykendall |
RANDALL KENNEDY, FOR DISCRIMINATION: RACE, AFFIRMATIVE ACTION, AND THE LAW, NEW YORK: RANDOM HOUSE, 2013, PP. 304, $25.95 |
64 Journal of Legal Education 503 (February, 2015) |
With apologies to David Herbert Donald, who opened a chapter on Lincoln's marriage with a stark, unqualified description of conjugal misery drawn from popular opinion, let me begin a review of Professor Randall Kennedy's new book with my explanation (in partial imitation of Donald's ironic description) of race in much of popular and even judicial... |
2015 |
| Gwendolyn A. Wilson |
RECONSTRUCTING THE DEPARTMENT OF DEFENSE'S APPROACH TO FAIR HOUSING: EXTENDING THE AFFH MANDATE TO THE NON-MILITARY CIVILIANS DOD NOW HOUSES |
44 Public Contract Law Journal 529 (Spring, 2015) |
I. Introduction. 530 II. Emergence and Structure of Military Housing Privatization Initiative Projects. 531 A. Key Components of MHPI Projects. 532 B. Early Benefits of MHPI Projects. 534 III. The DoD Must Take Affirmative Measures to Further Fair Housing for Civilian Waterfall Tenants. 535 A. Federal Law Establishes the AFFH Mandate. 535 B.... |
2015 |
| Jaime Alison Lee |
RIGHTS AT RISK IN PRIVATIZED PUBLIC HOUSING |
50 Tulsa Law Review 759 (Spring 2015) |
I. Introduction. 760 II. Public Housing, Privatization, and Protections. 763 A. Brief History of the Public Housing Program and The Rise of Privately-Owned Alternatives. 763 B. Privatized Public Housing. 767 1. Economic Efficiency. 769 2. Long-Term Affordability for Residents. 771 3. Segregation and Race- and Place-Based Inequality. 774 C. Public... |
2015 |
| Stephen Clowney |
RULE OF FLESH AND BONE: THE DARK SIDE OF INFORMAL PROPERTY RIGHTS |
2015 University of Illinois Law Review 59 (2015) |
In more recent years the belief that private citizens can structure their economic and social affairs at least as efficiently and effectively as a central authority has gained broad acceptance from commentators and scholars across the political and ideological spectrum. Nowhere has this idea gained more enthusiastic acceptance than in the arena of... |
2015 |
| Meredith Rieth |
SEGREGATION UNDER THE GUISE OF THE FAIR HOUSING ACT: AFFIRMATIVELY FURTHERING SEGREGATIVE (AND EXPENSIVE) HOUSING DEVELOPMENT |
33 Law & Inequality: A Journal of Theory and Practice 285 (Winter, 2015) |
Segregation is alive and well in the United States. And while overt discrimination still exists, even well-intentioned programs can serve antithetical purposes if left unmonitored--a segregative use of the Fair Housing Act illuminates this reality. Facially neutral laws can be discriminatorily applied, underpinned with discriminatory purposes, or... |
2015 |
| Rigel C. Oliveri |
SETTING THE STAGE FOR FERGUSON: HOUSING DISCRIMINATION AND SEGREGATION IN ST. LOUIS |
80 Missouri Law Review 1053 (Fall, 2015) |
What's past is prologue. The St. Louis Metropolitan area, which includes St. Louis City and St. Louis County (which itself contains ninety-one separate municipalities), is one of the most racially segregated places in the United States. One common measure of segregation is called a dissimilarity index, which refers to the evenness with which two... |
2015 |
| Bethany A. Corbin |
SHOULD I STAY OR SHOULD I GO?: THE FUTURE OF DISPARATE IMPACT LIABILITY UNDER THE FAIR HOUSING ACT AND IMPLICATIONS FOR THE FINANCIAL SERVICES INDUSTRY |
120 Penn State Law Review 421 (Fall, 2015) |
The United States housing market was built on a structure of discrimination. From bias in lending to exclusionary zoning to state-sanctioned segregation, discrimination has existed as a pervasive and constant undertone in housing transactions. As early as 1968, Congress recognized the danger of racial discrimination in mortgage and housing terms... |
2015 |
| Jeanne C. Fromer |
SHOULD THE LAW CARE WHY INTELLECTUAL PROPERTY RIGHTS HAVE BEEN ASSERTED? |
53 Houston Law Review 549 (2015) |
The American legal system has standard justification stories for our intellectual property systems. Copyright law exists to stimulate the creation and dissemination of creative and artistic works valued by society. Patent law does the same for scientific and technological inventions. These laws offer to creators time-limited exclusive rights to... |
2015 |
| Roger Clegg |
SILVER LININGS PLAYBOOK: "DISPARATE IMPACT" AND THE FAIR HOUSING ACT |
2015 Cato Supreme Court Review 165 (2014-2015) |
In Texas Department of Housing and Community Affairs v. Inclusive Communities Project (Inclusive Communities), the Supreme Court at last resolved the issue of whether disparate impact causes of action may be brought under the Fair Housing Act (FHA), which was first passed in 1968 and then substantially amended and expanded in 1988. In brief,... |
2015 |