| Author | Title | Citation | Summary | Year |
| Rebecca N. Morrow |
BILLIONS OF TAX DOLLARS SPENT INFLATING THE HOUSING BUBBLE: HOW AND WHY THE MORTGAGE INTEREST DEDUCTION FAILED |
17 Fordham Journal of Corporate and Financial Law 751 (2012) |
The mortgage interest deduction is an incredibly popular, politically well-supported and hugely expensive tax incentive. Yet economic studies consistently show that the mortgage interest deduction fails to advance its fundamental purpose. It does not increase the rate of homeownership. On the contrary, to the extent that it is effective in... |
2012 |
| Benjamin Hochberg |
BRINGING JIM THORPE HOME: INCONSISTENCIES IN THE NATIVE AMERICAN GRAVES AND REPATRIATION ACT |
13 Rutgers Race & the Law Review 83 (2012) |
Yes. That order did not come from God. Justice, That dwells with the gods below, knows no such law. I did not think your edicts strong enough To overrule the unwritten unalterable laws Of God and heaven, you being only a man. The body of the greatest Native American athlete was sold in a midnight exchange for the benefit of local tourism. In... |
2012 |
| Michael C. Nissim-Sabat |
CAPTURING THIS WATCHDOG? THE CONSUMER FINANCIAL PROTECTION BUREAU KEEPING THE SPECIAL INTERESTS OUT OF ITS HOUSE |
40 Western State University Law Review 1 (Fall 2012) |
I. Introduction. 1 II. The Financial Crisis. 3 A. The Collapse. 4 B. The Legislative Response to the Crisis: Enacting the CFPB. 7 III. Regulatory Capture. 10 A. Regulatory Capture Working Its Way into an Agency. 12 B. A Single Administrator Versus a Board of Commissioners. 14 IV. Insight for Managing (or Eliminating) Capture in the CFPB. 16 A. The... |
2012 |
| Lucas P. Volkman |
CHURCH PROPERTY DISPUTES, RELIGIOUS FREEDOM, AND THE ORDEAL OF AFRICAN METHODISTS IN ANTEBELLUM ST. LOUIS: FARRAR V. FINNEY (1855) |
27 Journal of Law and Religion 83 (2011-2012) |
In October 1846, the men and women of the African Methodist Episcopal Church in St. Louis (African Church) met to consider whether they would remain with the Methodist Episcopal Church (MEC) or align with the recently-formed Methodist Episcopal Church, South (MECS). Two years earlier, in 1844, amid growing conflict over the question of slavery... |
2012 |
| Caroline Joan (“Kay”) S. Picart |
COLLOQUIUM PROCEEDINGS: CRITICAL PEDAGOGY, RACE/GENDER & INTELLECTUAL PROPERTY |
48 California Western Law Review 493 (Spring 2012) |
The vantage point from which I engage LatCrit XVI's emphases on Global Justice: Theories, Histories, Futures is rooted personally, as a body and entity marked by multiple hybridities, but also as a trained philosopher concerned with metaphysical and ethical questions of truth in relation to the generation of narratives. In other words, I engage... |
2012 |
| Raymond H. Brescia , Elizabeth A. Kelly , John Travis Marshall |
CRISIS MANAGEMENT: PRINCIPLES THAT SHOULD GUIDE THE DISPOSITION OF FEDERALLY OWNED, FORECLOSED PROPERTIES |
45 Indiana Law Review 305 (2012) |
Residential home values in the United States have fallen considerably from their highs in the mid-2000s. This has had profound effects on consumer wealth and spending, creating a significant drag on the U.S. economy. What is worse, this loss in values corresponded with a steep rise in unemployment, which started in late 2007, and has yet to fall... |
2012 |
| Beth A. Burkstrand-Reid |
DIRTY HARRY MEETS DIRTY DIAPERS: MASCULINITIES, AT-HOME FATHERS, AND MAKING THE LAW WORK FOR FAMILIES |
22 Texas Journal of Women and the Law 1 (Fall 2012) |
Introduction. 2 I. Masculinities and At-Home Fathers. 6 A. Who's the (At-Home) Man?: Identifying At-Home Fathers. 6 B. From Masculine to Masculinities. 8 II. The Study. 11 A. Study Design. 12 B. Results. 14 1. Economic Indicators. 16 2. Caregiving and Work-Family Balance Indicators. 18 III. Adaptive Masculinities in the At-Home Father Community. 20... |
2012 |
| Samuel Marll |
DO MUNICIPALITIES HAVE ARTICLE III STANDING TO SUE MORTGAGE LENDERS UNDER THE FAIR HOUSING ACT? |
15 University of Pennsylvania Journal of Business Law 253 (Fall 2012) |
I believe when somebody owns their own home, they're realizing the American Dream. By 2008, the U.S. housing market had veered off a cliff. Along with it went many Americans' life savings, cities' tax bases and any realistic hope of a speedy macroeconomic recovery. As the financial contagion spread and layoffs arrived in force, millions of... |
2012 |
| Peter W. Salsich, Jr. |
DOES AMERICA NEED PUBLIC HOUSING? |
19 George Mason Law Review 689 (Spring, 2012) |
I didn't want to leave, but I didn't have a choice, Annie Ricks, the last of fifteen thousand former residents of the Cabrini-Green public housing complex in Chicago, stated upon leaving the eleventh-floor apartment where she lived with five of her eight children. Ms. Ricks and her children were forced to leave in December 2010 because the... |
2012 |
| Ashleigh Bausch Varley , Mary C. Snow |
DON'T YOU DARE LIVE HERE: THE CONSTITUTIONALITY OF THE ANTI-IMMIGRANT EMPLOYMENT AND HOUSING ORDINANCES AT ISSUE IN KELLER V. CITY OF FREMONT |
45 Creighton Law Review 503 (April, 2012) |
In 1973, the United States Supreme Court in Plyler v. Doe acknowledged the existence of a shadow population of undocumented immigrants numbering in the millions - within our borders. The Court noted: This situation raises the specter of a permanent caste of undocumented resident aliens, encouraged by some to remain here as a source of cheap... |
2012 |
| Jan G. Laitos and Michael K. Kugler |
EQUAL PROTECTION IN PROPERTY AND PLANNING |
64 Planning & Environmental Law 4 (November, 2012) |
Private property owners occasionally chafe and complain and even bring suit when the right to use their property is subjected to government interference. One of the most maddening forms of government interference is a policy that appears to burden an owner's property differently than other property that appears to be similarly situated. This is... |
2012 |
| Sarah L. Rosenbluth |
FAIR HOUSING ACT CHALLENGES TO THE USE OF CONSUMER CREDIT INFORMATION IN HOMEOWNERS INSURANCE UNDERWRITING: IS THE MCCARRAN-FERGUSON ACT A BAR? |
46 Columbia Journal of Law and Social Problems 49 (Fall, 2012) |
Despite the promise of the Fair Housing Act, structural inequality in the housing market persists. One of the most notable manifestations of this inequality is the racial and ethnic divide in patterns of homeownership. Although many factors contribute to this disparity, civil rights and consumer-protection groups have highlighted insurers' practice... |
2012 |
| Caitlin Shay |
FAST TRACK TO COLLAPSE: HOW ZIMBABWE'S FAST-TRACK LAND REFORM PROGRAM VIOLATES INTERNATIONAL HUMAN RIGHTS PROTECTIONS TO PROPERTY, DUE PROCESS, AND COMPENSATION |
27 American University International Law Review 133 (2012) |
INTRODUCTION. 134 I. BACKGROUND. 137 A. Zimbabwe's Post-Independence Land Reform Efforts. 138 B. The Right to Property Under the UDHR and the Banjul Charter. 140 C. Tension between the Zimbabwean judiciary and the SADC Tribunal regarding the legality of Amendments 16A and 16B. 143 II. ANALYSIS. 145 A. Amendments 16A and 16B violate the right to... |
2012 |
| Aleatra P. Williams |
FORECLOSING FORECLOSURE: ESCAPING THE YAWNING ABYSS OF THE DEEP MORTGAGE AND HOUSING CRISIS |
7 Northwestern Journal of Law & Social Policy 455 (Spring, 2012) |
In 2007, Rick Sharga, vice president of marketing at RealtyTrac, stated that with more stringent lending and underwriting standards, we will likely see a significant foreclosure decrease within the next three years. However, a sustained and considerable decrease in foreclosures has yet to occur. In fact, the real estate market downfall and... |
2012 |
| Donald C. Langevoort |
GETTING (TOO) COMFORTABLE: IN-HOUSE LAWYERS, ENTERPRISE RISK, AND THE FINANCIAL CRISIS |
2012 Wisconsin Law Review 495 (2012) |
In-house lawyers are now a principal focus of attention in the study of the legal profession. So it is appropriate in the aftermath of the global financial crisis to inquire about lawyers' perception of, and complicity in, such wrongdoing as may have occurred. This Essay describes the perceptual biases that may distort judgment notwithstanding... |
2012 |
| David Cavell |
GHETTO LOANS: DISCRIMINATION AGAINST AFRICAN AMERICAN BORROWERS IN MORTGAGE MARKETS AND THE IMPACT OF THE IBANEZ DECISION |
25 Georgetown Journal of Legal Ethics 449 (Summer, 2012) |
In 2001, Wells Fargo Bank changed the commission system for their mortgage loan officers and underwriters, structuring the new system to pay employees considerably more when consumers purchased subprime loans instead of prime loans. Over the next few years, as a result of these changes, in the Annandale, Virginia office alone, many loan officers... |
2012 |
| Gregory S. Alexander |
GOVERNANCE PROPERTY |
160 University of Pennsylvania Law Review 1853 (June, 2012) |
Introduction. 1854 I. Governance Property Institutions. 1860 A. The Domestic Sphere. 1860 1. Marriage/Domestic Partnership. 1860 2. The Home or Household. 1861 3. Neighborhoods and Communities. 1862 a. Common Interest Communities. 1862 b. Leaseholds. 1862 4. The Commercial Sphere. 1863 II. The Analytical Structure of Governance Property. 1863 A.... |
2012 |
| Lisa T. Alexander |
HIP-HOP AND HOUSING: REVISITING CULTURE, URBAN SPACE, POWER, AND LAW |
63 Hastings Law Journal 803 (March, 2012) |
U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing... |
2012 |
| Kevin C. Foy |
HOME IS WHERE THE HEALTH IS: THE CONVERGENCE OF ENVIRONMENTAL JUSTICE, AFFORDABLE HOUSING, AND GREEN BUILDING |
30 Pace Environmental Law Review 1 (Fall 2012) |
Housing in the United States, at least prior to the recent economic downturn, came to be viewed as an investment that grew over time, and which could then be cashed in either for better housing or for other uses, much like a growth stock or savings account. But housing's fundamental purpose is to provide a decent place to live-a comfortable place... |
2012 |
| Johanna Bond |
HONOR AS PROPERTY |
23 Columbia Journal of Gender and Law 202 (2012) |
This Article is the first to use a property lens to explore the social construction of honor within legal systems around the world. The Article makes the claim that the law in many countries has implicitly treated honor as a form of property and has made legal and social allowances for men who seek to reclaim honor property through violence. The... |
2012 |
| Thomas C. Kost |
HOPE AFTER HOPE VI? REAFFIRMING RACIAL INTEGRATION AS A PRIMARY GOAL IN HOUSING POLICY PRESCRIPTIONS |
106 Northwestern University Law Review 1379 (Summer 2012) |
Abstract--In a small but significant portion of urban public housing, the dual legacies of segregation and concentrated poverty have long plagued residents. Over the course of decades, these legacies have contributed to chronic systemic failures, the burden of which has disproportionately fallen on members of minority groups. The federal government... |
2012 |
| |
HOUSING New Jersey |
64 Planning & Environmental Law 75 (March, 2012) |
Developers proposed affordable housing on approximately 329 acres in the township, consistent with regulations adopted by New Jersey's Council on Affordable Housing (COAH). One of the developers filed suit seeking a builder's remedy to compel the township to fulfill its obligations. The trial court found noncompliance but left open the issue of... |
2012 |
| Shelby D. Green |
IMAGINING A RIGHT TO HOUSING, LYING IN THE INTERSTICES |
19 Georgetown Journal on Poverty Law and Policy 393 (Summer, 2012) |
[T]he majestic quality of the law . prohibits the wealthy as well as the poor from sleeping under the bridges, from begging in the streets, and from stealing bread. In this quotation is the notion that the law affords the same legal protections to all persons in making their life choices, regardless of their station in life. Also implicit in this... |
2012 |
| Eli Wald |
IN-HOUSE MYTHS |
2012 Wisconsin Law Review 407 (2012) |
Prevailing myths hold that in-house legal departments offer an attractive work-life balance and equality in their promotion policies, if only in contrast to the hypercompetitive and glass ceiling practice realities at large law firms. This Article challenges both myths. While in-house departments do offer greater flexibility, they increasingly... |
2012 |
| Brenda Reddix-Smalls J.D., LL.M. |
INTELLECTUAL PROPERTY, ANTI-TRUST AND GAME THEORY IN THE MOBILE PHONE TELECOMMUNICATIONS INDUSTRY: PATENT FIGHTS AND MOBILE PHONE APPLICATIONS |
5 Biotechnology & Pharmaceutical Law Review 1 (2011-2012) |
I. Sewing Machine Wars. 2 II. Mobile Communications. 3 III. Game Theory Solution. 5 IV. Telecommunications Telephony Beginnings. 6 1. Bell Company v. Western Union. 7 2. Geographic Isolation to Connectivity. 11 3. Preventing a Monopoly. 13 4. Current Functionality. 15 V. Telecommunications and the Mobile Industry. 15 1. History. 17 2. Dominant... |
2012 |
| Ronald E. Reynolds, Joseph M. Rogowski, II |
JUDICIAL DECISIONS AFFECTING REAL PROPERTY |
39 Michigan Real Property Review 211 (Spring, 2012) |
The Section is active in the judicial process in a variety of ways, such as preparing amicus curiae briefs and monitoring cases of interest to real estate lawyers. This Article provides a quarterly report designed to inform Section members about the Section's efforts to maintain the integrity of the law and to advise Section members about published... |
2012 |
| Jesse Kropf |
KEEPING "THEM" OUT: CRIMINAL RECORD SCREENING, PUBLIC HOUSING, AND THE FIGHT AGAINST RACIAL CASTE |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 75 (Spring, 2012) |
What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. --Michele Alexander What does a person living in public housing look like? Most people in public housing make less than ten thousand dollars a year. Over half are on a fixed income, such as social... |
2012 |
| Dan L. Burk |
LAW AND ECONOMICS OF INTELLECTUAL PROPERTY: IN SEARCH OF FIRST PRINCIPLES |
8 Annual Review of Law and Social Science 397 (2012) |
patent, copyright, trademark, trade secret, public goods, innovation Economic theory has struggled to produce a coherent narrative justifying the implementation of intellectual property regimes, although a variety of rationales have been advanced as explanations. The most prevalent justification characterizes the subject matter of intellectual... |
2012 |
| Christopher L. Peterson |
LOSING OUR HOMES, LOSING OUR WAY, OR BOTH? FORECLOSURE, COUNTY PROPERTY RECORDS, AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM |
40 Capital University Law Review 821 (Fall, 2012) |
I would like to begin by echoing some thank yous, the first to Professor Myron Grauer for his fine hospitality. He has taken such good care of Steven and I while we have been in town. I would also like to thank Dean Simpson for his kind hospitality, and I would also like to thank Capital University Law Review, as they have been great to work with,... |
2012 |
| David E. Woolley , Lisa D. Herzog |
MERS: THE UNREPORTED EFFECTS OF LOST CHAIN OF TITLE ON REAL PROPERTY OWNERS |
8 Hastings Business Law Journal 365 (Summer 2012) |
Many problems with the Mortgage Electronic Registry System (MERS) and the home loan securitization process have been reported in print media, in movies, on television and in academic journals. MERS now keeps electronic records on about half of the home mortgages in the United States. Courts have ruled against MERS' standing to foreclose and have... |
2012 |
| Tim Iglesias |
MOVING BEYOND TWO-PERSON-PER-BEDROOM: REVITALIZING APPLICATION OF THE FEDERAL FAIR HOUSING ACT TO PRIVATE RESIDENTIAL OCCUPANCY STANDARDS |
28 Georgia State University Law Review 619 (Spring, 2012) |
What is crowded to some is exactly what is comfortable to others; what is comfortable to some is exactly what is lonely to others. New empirical evidence demonstrates that the two-person-per-bedroom standard (a common residential occupancy policy) substantially limits the housing choices of many thousands of families, especially Latinos, Asians,... |
2012 |
| Lenese C. Herbert |
O.P.P.: HOW "OCCUPY'S" RACE-BASED PRIVILEGE MAY IMPROVE FOURTH AMENDMENT JURISPRUDENCE FOR ALL |
35 Seattle University Law Review 727 (Spring, 2012) |
What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your version of American society is really very difficult for me to recognize. My experience in it has simply not been yours. Occupy is an organic, diverse, grassroots, and... |
2012 |
| Jessica D. Zietz |
ON SECOND THOUGHT: POST-ACQUISITION HOUSING DISCRIMINATION IN LIGHT OF BLOCH V. FRISCHHOLZ |
66 University of Miami Law Review 495 (Winter 2012) |
I. Introduction. 495 II. A Brief History of the Fair Housing Act. 496 A. Historical Perspective. 496 B. Fair Housing Legislation Takes Shape. 498 C. Legislative History. 500 III. Provisions of the Fair Housing Act and Accompanying Regulations that Relate to Post-Acquisition Discrimination Claims. 501 A. 42 U.S.C. § 3604(a) (§ 3604(a)). 502 B. 42... |
2012 |
| Robert G. Schwemm |
OVERCOMING STRUCTURAL BARRIERS TO INTEGRATED HOUSING: A BACK-TO-THE-FUTURE REFLECTION ON THE FAIR HOUSING ACT'S "AFFIRMATIVELY FURTHER" MANDATE |
100 Kentucky Law Journal 125 (2011-2012) |
For as long as there is residential segregation, there will be de facto segregation in every area of life. So the challenge is here to develop an action program. -Martin Luther King, Jr. (1963) A key goal of the 1968 Fair Housing Act (FHA), which was passed as an immediate response to Dr. King's assassination, was to replace the ghettos with... |
2012 |
| Nestor M. Davidson |
PROPERTY AND IDENTITY: VULNERABILITY AND INSECURITY IN THE HOUSING CRISIS |
47 Harvard Civil Rights-Civil Liberties Law Review 119 (Winter 2012) |
Introduction. 119 I. Vulnerability, Status Anxiety, and the Housing Bubble. 122 II. Insecurity and Fear in Homeownership After the Crisis. 129 III. Re-Centering Well Being. 133 IV. Housing Law and Policy in the Balance. 137 Conclusion. 139 |
2012 |
| Henry E. Smith |
PROPERTY AS THE LAW OF THINGS |
125 Harvard Law Review 1691 (May, 2012) |
Private law deals with the interactions of persons in society. If we think about all the effects produced by the relation between each pair of persons and then unlimited chains of such interactions--A sells Blackacre to B, who sells to C, who mortgages to D and rents to E, and so on--then prescribing results for such interactions is a potentially... |
2012 |
| Michael Burger , Paul Frymer |
PROPERTY LAW AND AMERICAN EMPIRE |
34 University of Hawaii Law Review 471 (Spring, 2012) |
Current scholarship by legal commentators and political scientists recognizes that the weapons of American empire have involved non-militaristic activities as much as militaristic ones. Such non-militaristic activities include the hegemonic influence of trade agreements, the imposition of legal and procedural norms, and the dissemination of... |
2012 |
| Allison Brownell Tirres |
PROPERTY OUTLIERS: NON-CITIZENS, PROPERTY RIGHTS AND STATE POWER |
27 Georgetown Immigration Law Journal 77 (Fall, 2012) |
In the last decade, state and local governments have passed thousands of laws attempting to regulate immigrants within their boundaries. These regulations have been the subject of much litigation, as well as media attention and legal scholarship. Legal scholars have written extensively on the criminal and employment provisions of such laws, as well... |
2012 |
| Gillet Rosenblith |
REACTION TO: KEEPING "THEM" OUT: CRIMINAL RECORD SCREENING, PUBLIC HOUSING, AND THE FIGHT AGAINST RACIAL CASTE |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 209 (Fall, 2012) |
In Keeping Them Out: Criminal Record Screening, Public Housing, and the Fight Against Racial Caste, Jesse Kropf contends that mitigating racial discrimination in Public Housing Authority (PHA) practices represents one legal means to help dismantle the racial caste system within the United States. Demonstrating both the structural racism within... |
2012 |
| Tara A. Waterlander |
SOME TENANTS HAVE TAILS: WHEN HOUSING PROVIDERS MUST PERMIT ANIMALS TO RESIDE IN "NO-PET" PROPERTIES |
18 Animal Law 321 (2012) |
Living with a disability can make finding a home a difficult task. Discrimination against the use of a service or assistive animal in lease agreements is a hurdle to finding a home for persons with disabilities. This discrimination is particularly pronounced when the individual suffers from a mental or emotional disability, because these... |
2012 |
| Stewart E. Sterk |
STRICT LIABILITY AND NEGLIGENCE IN PROPERTY THEORY |
160 University of Pennsylvania Law Review 2129 (June, 2012) |
Introduction. 2129 I. Information Costs and Strict Liability. 2134 II. Unjust Enrichment and Strict Liability. 2138 III. The Emergence of Negligence-Based Property Rules. 2141 A. Protection of Bona Fide Purchasers. 2141 B. Reasonable Encroachers. 2143 C. Nuisance Law. 2147 IV. Broader Implications for Intellectual Property Rights. 2150... |
2012 |
| Laura S. Underkuffler |
STUART BANNER, AMERICAN PROPERTY: A HISTORY OF HOW, WHY, AND WHAT WE OWN. CAMBRIDGE: HARVARD UNIVERSITY PRESS, 2011, PP. 355, CLOTH $29.95 |
61 Journal of Legal Education 504 (February, 2012) |
What is property? If we protect land, copyrights, and body parts as property, why do we protect them? Are the reasons that we do so matters of historical accident or considered policy? This book tackles nothing less than these fundamental questions. In a sweeping, panoramic view of the history and development of American property law over the past... |
2012 |
| Jack Lienke |
SUSTAINABLE SEGREGATION? ASSESSING THE ENVIRONMENTAL IMPACT OF THE WESTCHESTER FAIR HOUSING SETTLEMENT |
19 New York University Environmental Law Journal 591 (2012) |
Introduction. 592 I. Litigation History. 594 A. The Suit. 594 B. The Judgments. 596 1. Motion to Dismiss. 596 2. Motion for Summary Judgment. 599 C. The Settlement. 602 II. Analysis. 605 A. Scoping the Inquiry. 605 B. Defining Sustainable Community . 606 C. Measuring Sustainability. 608 1. The Furman Center / Urban Institute Indices. 609 D.... |
2012 |
| Rose Cuison Villazor |
TEACHING PROPERTY LAW AND WHAT IT MEANS TO BE HUMAN |
3 California Law Review Circuit 7 (January, 2012) |
In the 2009 Disney/Pixar movie, Up, grumpy old man Carl Fredricksen refused to sell his house to commercial developers. Technically not a holdout, Carl eventually becomes the last person to remain in the neighborhood, with his modest home surrounded by new buildings being constructed. Eventually forced by a court to leave his house and move to a... |
2012 |
| Lenese C. Herbert |
THE "FIRST FAMILY EFFECT:" "LOVE ON TOP" |
55 Howard Law Journal 339 (Winter 2012) |
During the last fifty years, heterosexual marriage rates have declined in the United States. For heterosexual couples, marriage seems a less universal and less stable family form. Marriage seems no longer to be the surest route to financial security for women. Instead, men, compared with their 1970 counterparts, are married to women whose... |
2012 |
| Eric S. Tars , Julia Lum , E. Kieran Paul |
THE CHAMPAGNE OF HOUSING RIGHTS: FRANCE'S ENFORCEABLE RIGHT TO HOUSING AND LESSONS FOR U.S. ADVOCATES |
4 Northeastern University Law Journal 429 (Fall, 2012) |
The United States faces a homelessness crisis of record proportions. Each year, between 1.6 and 3.5 million people experience homelessness, including 1.35 million children. Amid the recent economic downturn and foreclosure crisis, homelessness rates have risen dramatically. In 2010, family homelessness increased by 9%. Social programs provide... |
2012 |
| Stacy E. Seicshnaydre |
THE FAIR HOUSING CHOICE MYTH |
33 Cardozo Law Review 967 (February, 2012) |
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.... |
2012 |
| Jamisen Etzel |
THE HOUSE OF CARDS IS FALLING: WHY STATES SHOULD COOPERATE ON LEGAL GAMBLING |
15 NYU Journal of Legislation and Public Policy 199 (2012) |
Introduction. 200 I. Background. 203 A. How States Legalize Gambling. 203 B. Early History. 204 C. How Taxes Are Distributed. 209 D. Federalism and Decision-Making. 209 II. Models of Competition. 211 A. The Prisoner's Dilemma and the Race to the Bottom. 214 B. Externalities. 216 III. Evidence of Competition and Negative Effects. 220 A. Are States... |
2012 |
| Raymond H. Brescia |
THE IQBAL EFFECT: THE IMPACT OF NEW PLEADING STANDARDS IN EMPLOYMENT AND HOUSING DISCRIMINATION LITIGATION |
100 Kentucky Law Journal 235 (2011-2012) |
For centuries, when dealing with the facts alleged by litigants in their pleadings, courts have struggled with the question of how much is enough. At what point does a pleading contain facts in sufficient detail to allow a case to proceed? For too long, common law pleading rules were rife with tricks and traps. Courts could dismiss cases for one... |
2012 |
| Priscilla A. Ocen |
THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING |
59 UCLA Law Review 1540 (August, 2012) |
This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... |
2012 |