| Author | Title | Citation | Summary | Year |
| 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 |
| Erika M. Page |
STATE CONSTITUTIONAL LAW-- THOROUGH AND UNIFORM EDUCATION--PROPERTY WEALTH-BASED SCHOOL FUNDING IN COLORADO IS CONSTITUTIONAL. LOBATO V. STATE, 304 P.3D 1132 (COLO. 2013). |
67 Rutgers University Law Review 1289 (Summer, 2015) |
In Lobato v. State, the Supreme Court of Colorado held that Colorado's current public school financing system, despite allowing vast disparities in educational quality across school districts, was permissible under both the education clause and the local control clause of the Colorado Constitution. Although the Supreme Court of Colorado... |
2015 |
| Thomas Silverstein |
STATE LAND USE REGULATION IN THE ERA OF AFFIRMATIVELY FURTHERING FAIR HOUSING |
24 Journal of Affordable Housing & Community Development Law 305 (2015) |
I. Nature and Power of States as HUD Program Participants. 308 A. Who Is the Grantee?. 308 B. States in the Federal System. 309 C. States and Localism. 309 II. Exclusionary Zoning, States, and Residential Racial Segregation. 311 A. Early Origins. 311 B. Exclusionary Zoning and the Fair Housing Act. 313 C. Exclusionary Zoning Today. 315 III.... |
2015 |
| by Rigel C. Oliveri, University of Missouri School of Law, Columbia, MO |
Texas Department of Housing and Community Affairs |
42 No. 4 Preview of United States Supreme Court Cases 148 (January 12, 2015) |
The Fair Housing Act (FHA) makes it illegal to refuse to sell or rent or to otherwise make unlawful or deny housing to a person because of a protected characteristic, including race. See 42 U.S.C. § 3604(a). This case asks the Court to determine whether the FHA covers disparate impact claims, where a plaintiff alleges discrimination based on the... |
2015 |
| Mary Beth Picarella, Andrew Huynh, Gabriella Bensur |
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. THE INCLUSIVE COMMUNITIES PROJECT (13-1371) |
62-APR Federal Lawyer 86 (April, 2015) |
Does the Fair Housing Act (FHA) include a right of action for disparate-impact claims? Are disparate-impact claims cognizable under the Fair Housing Act? The Texas Department of Housing and Community Affairs (TDHCA) is a state agency that allocates low-income housing tax credits (LIHTC) to housing developers based on its qualified allocation plan,... |
2015 |
| David Groshoff |
THE COMING WAVE OF PRETEXTUALLY PROFITEERING SOCIAL ENTREPRENEURS: A CASE STUDY AT THE NEXUS OF PROPERTY AND CIVIL RIGHTS |
39 William and Mary Environmental Law and Policy Review 657 (Spring, 2015) |
This Article builds on my prior publications employing case studies that serve as the prisms through which this Article applies a legal analysis to a newly trending problem in social entrepreneurship. Specifically, this Article reviews the financial and property interests implicated when, in the milieu of an aging baby-boomer demographic likely to... |
2015 |
| James H. Carr, Katrin B. Anacker |
THE COMPLEX HISTORY OF THE FEDERAL HOUSING ADMINISTRATION: BUILDING WEALTH, PROMOTING SEGREGATION, AND RESCUING THE U.S. HOUSING MARKET AND THE ECONOMY |
34 No. 8 Banking & Financial Services Policy Report 10 (August, 2015) |
The Federal Housing Administration (FHA) has been one of the most important US housing policy institutions of the 20th and 21st centuries. Its mortgages were the first guaranteed mortgages in the US, backed by the full faith and credit of the US government, and were a major contributor to both the post-World War II housing boom, particularly in the... |
2015 |
| Courtney Lauren Anderson |
THE DISPARATE IMPACT OF SHUTTERED SCHOOLS |
23 American University Journal of Gender, Social Policy and the Law 319 (2015) |
The Causes and Effects of Redistricting. 323 The High Cost of Shuttered Schools. 329 The Availability and Insufficiency of Laws Commonly Used to Address Shuttered Schools. 333 Disposition of Schools. 334 Blight laws. 336 Insufficiency of Legal Remedies. 336 The Fair Housing Act and the Disparate Impact of Shuttered Schools. 337 The History and... |
2015 |
| Tarah Demant |
THE EFFORT TO BRING HUMAN RIGHTS HOME |
41-DEC Human Rights 17 (December, 2015) |
In 2011, the Inter-American Commission on Human Rights U(IACHR) issued a landmark decision and found the United States responsible for human rights violations against Jessica Lenahan (Gonzales) and her children. Lenahan v. United States, Case 12.626, Inter-Am. Comm'n H.R., Report No. 80/11 (2011). In 1999, Lenahan's daughters were abducted and... |
2015 |
| Timothy M. Smyth, Michael Allen, Marisa Schnaith |
THE FAIR HOUSING ACT: THE EVOLVING REGULATORY LANDSCAPE FOR FEDERAL GRANT RECIPIENTS AND SUB-RECIPIENTS |
23 Journal of Affordable Housing & Community Development Law 231 (2015) |
C1-3Contents I. Introduction. 231 II. Background. 232 A. Statute. 232 B. Executive Order. 235 C. Current Regulations. 236 D. Planning Guide. 236 E. Case Law. 238 F. 2010 GAO Report. 243 III. The New Rule. 245 A. Procedural Modifications. 246 1. Program Participants. 246 2. AFH Submission and Regional Collaboration. 247 3. Data Collection and... |
2015 |
| Stacy E. Seicshnaydre |
THE FAIR HOUSING CHOICE MYTH |
23 Journal of Affordable Housing & Community Development Law 149 (2015) |
The Fair Housing Choice Myth examines why racial segregation persists in residential neighborhoods despite the fact that the nation codified the policy of equal housing opportunity over four decades ago. In passing the Fair Housing Act in 1968, Congress expressed the purpose of replacing ghettoes by truly integrated and balanced living patterns.... |
2015 |
| Stacy E. Seicshnaydre |
THE FAIR HOUSING CHOICE MYTH: A POST-SCRIPT |
23 Journal of Affordable Housing & Community Development Law 205 (2015) |
As The Fair Housing Choice Myth is republished in 2015, three years after its initial publication in 2012, the Supreme Court is poised to consider the important question whether disparate impact claims are cognizable under the Fair Housing Act (FHA). Put another way, the Court is considering whether liability under the FHA may be established by... |
2015 |
| Anna Kastner |
THE OTHER WAR AT HOME: CHRONIC NUISANCE LAWS AND THE REVICTIMIZATION OF SURVIVORS OF DOMESTIC VIOLENCE |
103 California Law Review 1047 (August, 2015) |
This Comment discusses the unlikely intersection of local chronic nuisance ordinances and domestic violence. It posits that chronic nuisance law grants law enforcement, or third parties acting in a police capacity, the ability to revictimize survivors of domestic violence, disproportionately impacting women of color and poor women. Using the... |
2015 |
| John A. Lovett |
TRAGEDY OR TRIUMPH IN POST-KATRINA NEW ORLEANS? REFLECTIONS ON POSSESSION, DISPOSSESSION, DEMOGRAPHIC CHANGE, AND AFFORDABLE HOUSING |
23 Journal of Affordable Housing & Community Development Law 289 (2015) |
Carol Necole Brown and Serena M. Williams' 2007 article, The Houses That Eminent Domain and Housing Tax Credits Built: Imagining a Better New Orleans, the impetus for this three-way dialogue, typifies what might be called the second wave of post-Katrina commentary. Rather than ask how the physical and social devastation unleashed by the storm had... |
2015 |
| Nathan Torok , Mark Torok |
WHAT HAPPENED TO THE AMERICAN DREAM? AN ANALYSIS OF THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT AND ITS EFFECT ON HOME OWNERSHIP |
17 Scholar: St. Mary's Law Review on Race and Social Justice 95 (2015) |
I. Introduction. 96 II. Historical Events and Causes for The Dodd-Frank Wall Street Reform and Consumer Protection Act. 98 A. The Housing Bubble and its Burst. 98 B. Initial Government Response to the Financial Crisis Caused by the Housing Bubble Burst. 103 III. Dodd-Frank and the Dismantling and Rebuilding of the Lending Industry. 106 A. Cracking... |
2015 |
| William F. Fuller |
WHAT'S HUD GOT TO DO WITH IT?: HOW HUD'S DISPARATE IMPACT RULEMAY SAVE THE FAIR HOUSING ACT'S DISPARATE IMPACT STANDARD |
83 Fordham Law Review 2047 (March, 2015) |
Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. ,... |
2015 |
| Noura Erakat |
WHITENESS AS PROPERTY IN ISRAEL: REVIVAL, REHABILITATION, AND REMOVAL |
31 Harvard Journal on Racial & Ethnic Justice 69 (Spring 2015) |
This essay seeks to read Whiteness as Property onto contemporary Israel by demonstrating that the value ascribed to Jewish nationality is not simply a matter of Jew versus non-Jew. Instead, Whiteness reflects a European order that reproduces and embodies the exclusionary and orientalist tropes that produced anti-Semitism in Europe. The State... |
2015 |
| Cheryl I. Harris |
WHITENESS AS PROPERTY: A TWENTY YEAR APPRAISAL |
31 Harvard Journal on Racial & Ethnic Justice 148 (Spring, 2015) |
The publication of this volume is an honor for which I extend my sincere thanks to the editors, to the contributors and to all who participated in its production. The articles contained here, while invoking Whiteness as Property as inspiration (or perhaps provocation), make unique and important contributions in their own right. Together they... |
2015 |
| Andrea McArdle |
WINFIELD v. CITY OF NEW YORK: TESTING THE LIMITS OF DISPARATE-IMPACT LIABILITY AFTER TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. THE INCLUSIVE COMMUNITIES PROJECT, INC. |
24 Journal of Affordable Housing & Community Development Law 287 (2015) |
I. Introduction. 287 II. The Tension in ICP: Reducing the Salience of Race versus Concern for Perpetuating Racial Isolation. 289 A. ICP's Case Theory: Highlighting the Harms of Perpetuating Racially Segregated Housing. 289 B. The Court's Response: Acceptance of the Pro-Integration Argument--with Reservations. 292 III. Winfield v. City of New York:... |
2015 |
| Erin Alderson Shick |
"GREAT BACHELOR PAD FOR ANY SINGLE MAN LOOKING TO HOOK UP . . . :" THE SIXTH CIRCUIT'S DISAGREEMENTS ABOUT THE "ORDINARY READER" STANDARD IN MIAMI VALLEY FAIR HOUSING CENTER INC., V. CONNOR GROUP |
83 University of Cincinnati Law Review 229 (Fall, 2014) |
In May 2009, a listing agent with the Connor Group, a real estate agency located in Dayton, Ohio, posted the following advertisement on Craigslist for an apartment in the area: 599/1br-Great Bachelor Pad! (Centerville) Our one bedrooms are a great bachelor pad for any single man looking to hook up. This apartment includes a large bedroom, walk in... |
2014 |
| Jennifer H. Logan |
"OTHERWISE UNAVAILABLE": HOW OREGON REVISED STATUTES SECTION 197.309 VIOLATES THE FAIR HOUSING AMENDMENTS ACT |
22 Journal of Affordable Housing & Community Development Law 213 (2014) |
I. Introduction. 214 II. FHAA Violations. 216 III. Disparate Impact on Protected Classes. 217 A. Section 197.309: Actual Adverse Impacts on Area Minorities. 220 B. Section 197.309: Projected Adverse Impacts on Area Minorities. 222 IV. Perpetuation of Segregation. 223 V. Procedural Issues. 226 A. Legal Supremacy: Magner v. Gallagher. 226 B.... |
2014 |