Matt Hall THE ROLE OF THE EXHAUSTION AND RIPENESS DOCTRINES IN REASONABLE ACCOMMODATION DENIAL SUITS UNDER THE FAIR HOUSING AMENDMENTS ACT 24 BYU Journal of Public Law 347 (2010) Bryant Woods Inn, Inc. seemingly resolved the question of when a locality may require a disabled party to appeal an adverse accommodation request. There, a nursing home operator sued Howard County for failing to make a reasonable accommodation under the Fair Housing Act to allow it to expand its operation. The County argued that because the... 2010
Nicole Stelle Garnett THE UNBOUNDED HOME: PROPERTY VALUES BEYOND PROPERTY LINES BY LEE ANNE FENNELL NEW HAVEN, CT: YALE UNIVERSITY PRESS, 2009, PP. 312. $45.00. 119 Yale Law Journal 1904 (June, 2010) INTRODUCTION. 1906 I. PRICING PROPERTY REGULATION. 1910 A. The Leaky Bucket Problem. 1911 B. Enter Options. 1918 II. PROPERTIZING THE METROPOLITAN COMMONS. 1922 III. SLICING HOMEOWNERSHIP. 1925 A. Structuring Owner-Investor Relationships. 1928 1. Shared Ownership. 1928 2. Derivative Markets and Housing Indices. 1929 3. A New Tenure Form. 1930 B.... 2010
Rebecca Tracy Rotem USING DISPARATE IMPACT ANALYSIS IN FAIR HOUSING ACT CLAIMS: LANDLORD WITHDRAWAL FROM THE SECTION 8 VOUCHER PROGRAM 78 Fordham Law Review 1971 (March, 2010) The Fair Housing Act (FHA) outlaws discrimination in housing based on race, color, religion, national origin, and sex. A plaintiff can win an FHA claim using a disparate impact theory by showing that the defendant's actions had a disproportionately adverse impact on a protected class. This Note will address a circuit court split on whether a... 2010
Janet Thompson Jackson WHAT IS PROPERTY? PROPERTY IS THEFT: THE LACK OF SOCIAL JUSTICE IN U.S. EMINENT DOMAIN LAW 84 Saint John's Law Review 63 (Winter 2010) The individual right of property is not simply an economic right . . . . Individual property rights are also about self-expression, self-governance, belonging, and civic participation. A proper theory of constitutional protection of property should therefore be concerned about possible abuse of government power when cities condemn land, especially... 2010
Louis W. Hensler III WHAT'S SIC UTERE FOR THE GOOSE: THE PUBLIC NATURE OF THE RIGHT TO USE AND ENJOY PROPERTY SUGGESTS A UTILITARIAN APPROACH TO NUISANCE CASES 37 Northern Kentucky Law Review 31 (2010) This essay addresses recurring issues that arise when two or more occupiers of real property use their property in ways that conflict. The real property owner's interest in using and enjoying property as the owner pleases is almost universally regarded as one of the important sticks in the bundle of property interests held by the real property... 2010
Sarah Devlin "I LOST MY HOME, DON'T TAKE MY VOICE!" ENSURING THE VOTING RIGHTS OF THE HOMELESS THROUGH NEGOTIATED RULEMAKING 2009 Journal of Dispute Resolution 175 (2009) Who are the electors...? Not the rich more than the poor, not the learned, more than the ignorant, not the haughty heirs of distinguished names, more than the humble sons of obscure and unpropitious fortune. The electors are to be the great body of the people of the United States. The right to vote, as the citizen's link to his laws as... 2009
Adam Weintraub "LANDLORDS NEEDED, TOLERANCE PREFERRED": A CLASH OF FAIRNESS AND FREEDOM IN FAIR HOUSING COUNCIL V. ROOMMATES.COM 54 Villanova Law Review 337 (2009) Th[e] [Internet's] dynamic--jumbled, anonymous, instantaneous communication--raises some fundamental questions; not least among them those that challenge our comfortably settled understanding of the First Amendment and our right to express ourselves freely. The emergence of the Internet has thoroughly changed the way our society conducts business... 2009
Jeremy A. Blumenthal "TO BE HUMAN": A PSYCHOLOGICAL PERSPECTIVE ON PROPERTY LAW 83 Tulane Law Review 609 (February, 2009) I. Introduction. 610 II. Perceptions. 612 A. Perceptions of Property and Ownership . 612 B. Perceptions of Doctrines. 621 C. Perceptions of Punishment. 622 D. Why Study Perceptions?. 623 III. Behavior. 625 A. Animal Studies. 626 B. Cross-Cultural Analysis. 627 C. Children's Behavior. 628 D. Adult Behavior. 630 E. Summary. 632 IV. Future... 2009
Gregory Brumfield A CLOSER LOOK AT THE FAIR HOUSING ACT OF 1968: CAN THE DISPARATE IMPACT THEORY AFFECT THE URBAN CRISIS IN THE CITY OF NEW ORLEANS? 37 Southern University Law Review 41 (Fall, 2009) Days turn into weeks and weeks turn into months. Unbelievably, the months have turned into years. The anniversary of August 29, 2005 continues to bring unbearable pain to many people. While impossible to convey the experience of Hurricane Katrina, try to imagine the following story of a family of four living in a low-income housing development in... 2009
Krista Sterken A DIFFERENT TYPE OF HOUSING CRISIS: ALLOCATING COSTS FAIRLY AND ENCOURAGING LANDLORD PARTICIPATION IN SECTION 8 43 Columbia Journal of Law and Social Problems 215 (Winter 2009) The Section 8 Housing Choice Voucher Program (Section 8) is an important effort to make quality housing accessible to low-income families. Although the federal program is voluntary, several states, cities, and local communities have responded to the problem of landlord rejection of Section 8 tenants with laws prohibiting discrimination based on a... 2009
Angela Onwuachi-Willig , Jacob Willig-Onwuachi A HOUSE DIVIDED: THE INVISIBILITY OF THE MULTIRACIAL FAMILY 44 Harvard Civil Rights-Civil Liberties Law Review 231 (Winter 2009) Twenty years ago, Peggy McIntosh expounded upon the theoretical concept of white privilege in her paper, White Privilege: Unpacking the Invisible Knapsack. White privilege, she said, is like an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools, and blank checks that includes individual... 2009
Benjamin Rajotte A HOUSING-CENTERED APPROACH TO JUSTICE 24 Journal of Environmental Law & Litigation 165 (2009) I. Fair Housing Act Theories and Hurricane Katrina. 167 II. Post-Katrina Application of the Fair Housing Act. 176 III. Conclusion. 179 2009
Laurene M. Heybach ADVOCACY AND OBSTACLES IN THE EDUCATION OF HOMELESS CHILDREN AND YOUTH IN ILLINOIS 14 Public Interest Law Reporter 281 (Summer 2009) The Law Project of the Chicago Coalition for the Homeless (the Law Project) is in its thirteenth year of service. The Law Project's primary purpose is the development and enforcement of the educational rights of children and youth experiencing homelessness especially in the greater Chicago area. The Law Project grew out of work undertaken by the... 2009
Daniella Lichtman Esses AFRAID TO BE MYSELF, EVEN AT HOME: A TRANSGENDER CAUSE OF ACTION UNDER THE FAIR HOUSING ACT 42 Columbia Journal of Law and Social Problems 465 (Summer, 2009) Discrimination against transgender individuals in housing is pervasive. Nonetheless, American jurisprudence has not explicitly addressed whether there are legal protections available to transgender individuals who are the targets of housing discrimination. This Note argues that courts should utilize a broad and literal understanding of the Fair... 2009
Rubina Shaldjian ASSESSING THE VALIDITY OF LINKING PROGRAMS: A CASE STUDY OF DESTIN, FLORIDA'S INNOVATIVE ATTAINABLE WORKFORCE HOUSING PROGRAM 24 Journal of Land Use & Environmental Law 337 (Spring, 2009) Housing is the largest expense for most Americans. While most allocate 25% to 30% of their budget to housing, the poorest often spend closer to 50% of their income. In fact, approximately ninety-five million Americans either live in sub-standard properties or spend more than 30% of their income on housing. These figures show that an increase in... 2009
Rigel C. Oliveri BETWEEN A ROCK AND A HARD PLACE: LANDLORDS, LATINOS, ANTI-ILLEGAL IMMIGRANT ORDINANCES, AND HOUSING DISCRIMINATION 62 Vanderbilt Law Review 55 (January, 2009) Introduction. 56 I. The AII Ordinances. 59 A. Background. 59 B. Housing Provisions. 61 1. Complaint-Driven Enforcement Procedures. 62 2. Pre-authorization. 63 C. Preemption: Hazleton and Beyond. 65 II. Probable Results of AII Housing Ordinances. 72 A. Multiple Groups Likely to Be Affected. 72 B. Violations of the Fair Housing Act Likely. 81 1.... 2009
Hila Shamir BETWEEN HOME AND WORK: ASSESSING THE DISTRIBUTIVE EFFECTS OF EMPLOYMENT LAW IN MARKETS OF CARE 30 Berkeley Journal of Employment and Labor Law 404 (2009) This Article offers a new analytical framework for understanding the distributive role of legal regulation in the interaction of home and work. Using this framework, the Article maps the double exceptionalism of the family in U.S. federal employment law. It suggests that employment law treats familial care responsibilities as exceptional in... 2009
Chidi Oguamanam BEYOND THEORIES: INTELLECTUAL PROPERTY DYNAMICS IN THE GLOBAL KNOWLEDGE ECONOMY 9 Wake Forest Intellectual Property Law Journal 104 (Spring, 2009) This Article critically examines the inadequacy of theoretical postulates on intellectual property. It acknowledges that theorizing around intellectual property is an important ongoing but elusive intellectual adventure that is critical for law and policy direction on intellectual property. Perhaps, at no time is this fact more obvious than in the... 2009
Valerie L. Collins CAMOUFLAGED LEGITIMACY: CIVIL COMMITMENT, PROPERTY RIGHTS, AND LEGAL ISOLATION 52 Howard Law Journal 407 (Winter 2009) I thought how unpleasant it is to be locked out; and I thought how it is worse, perhaps, to be locked in. One of the most important liberty speeches in American history was Patrick Henry's pronouncement to the Virginia Assembly in 1775 to [g]ive me liberty or give me death! However, few know that while Henry made this inspiring proclamation, he... 2009
Jeanne C. Fromer CLAIMING INTELLECTUAL PROPERTY 76 University of Chicago Law Review 719 (Spring, 2009) This Article explores the claiming systems of patent and copyright law with a view to how they affect innovation. It first develops a two-dimensional taxonomy: claiming can be either peripheral or central, and either by characteristic or by exemplar. Patent law has principally adopted a system of peripheral claiming, requiring patentees to... 2009
Lateef Mtima COPYRIGHT SOCIAL UTILITY AND SOCIAL JUSTICE INTERDEPENDENCE: A PARADIGM FOR INTELLECTUAL PROPERTY EMPOWERMENT AND DIGITAL ENTREPRENEURSHIP 112 West Virginia Law Review 97 (Fall, 2009) L1-2Abstract . R398. L1-2Introduction . R399. Analytical Schema. 100 Part I. Achieving the Social Utility Mandate of the Copyright Law. 102 A. Copyright Protection as a Social Engineering Tool. 102 B. Preserving Copyright Social Utility in the Courts: The Fair Use Doctrine. 105 C. Fair Use and Unauthorized Digital Use of Copyrighted Material. 109... 2009
Sarah Spangler Rhine CRIMINALIZATION OF HOUSING: A REVOLVING DOOR THAT RESULTS IN BOARDED UP DOORS IN LOW-INCOME NEIGHBORHOODS IN BALTIMORE, MARYLAND 9 University of Maryland Law Journal of Race, Religion, Gender and Class 333 (Fall 2009) In Baltimore, Maryland, the residents of several neighborhoods are being systematically displaced. Residents are not being driven out of poor and undesirable neighborhoods by development or gentrification, but they are being forced out nonetheless. They are moving out of their neighborhoods into new housing: the Maryland Criminal Justice System.... 2009
by Ann Graham Cuomo 36 No. 7 Preview of United States Supreme Court Cases 435 (April 20, 2009) In this case, the attorney general of the state of New York is challenging a regulation adopted by the Office of the Comptroller of the Currency (OCC), which was invoked to prohibit a state from investigating or filing suit against a national bank when the state is seeking to enforce a state antidiscrimination law. The parties agree that the state... 2009
John L. Ropiequet CUOMO v. CLEARING HOUSE ASSOCIATION, L.L.C.: THE SUPREME COURT REDEFINES THE FEDERAL-STATE REGULATORY BALANCE FOR NATIONAL BANKS 28 No. 12 Banking & Financial Services Policy Report 14 (December, 2009) The Supreme Court's recent decision in Cuomo v. Clearing House Ass'n, L.L.C. concluded a significant chapter in the ongoing debate over what powers state law enforcement officials may exercise over national banks. After an extended discussion of the nature and origin of the visitorial power possessed by the Office of the Comptroller of the Currency... 2009
Lisa Marie Ross CYBERSPACE: THE NEW FRONTIER FOR HOUSING DISCRIMINATION--AN ANALYSIS OF THE CONFLICT BETWEEN THE COMMUNICATIONS DECENCY ACT AND THE FAIR HOUSING ACT 44 Valparaiso University Law Review 329 (Fall, 2009) Despite Congress's enactment of the Fair Housing Act of 1968 (FHA), which regulates housing discrimination, one need spend only a few minutes searching for housing via the Internet before finding blatant FHA violations, such as the listing above. The FHA's efforts to end egregious housing practices aimed at persons of a particular race or... 2009
Joseph William Singer DEMOCRATIC ESTATES: PROPERTY LAW IN A FREE AND DEMOCRATIC SOCIETY 94 Cornell Law Review 1009 (May, 2009) I. Property and the American Dream. 1010 II. Property Law as a Problem. 1020 III. Schools of Thought About Property Law. 1029 A. The Traditional Alienability Approach. 1029 B. The Legal Realist (or Bundle of Rights) Approach. 1031 C. The Efficiency Approach. 1034 D. The Libertarian Approach. 1038 E. The Liberal Egalitarian Approach. 1041 F. The... 2009
Diane M. Pisani DETERMINING THE PROPER APPROACH TO DISCRIMINATORY STATUTES WITHIN THE SCOPE OF THE FAIR HOUSING ACT 47 Duquesne Law Review 375 (Spring, 2009) I. Introduction. 375 II. Eighth Circuit Court of Appeals: Mirroring Equal Protection Analysis. 377 III. Sixth, Ninth, and Tenth Circuit Courts of Appeals: A More Particularized Standard. 380 IV. The Southern District Court of New York Adopted the Approach of the Sixth, Ninth, and Tenth Circuit Courts of Appeals. 384 V. Analysis. 385 VI. Conclusion.... 2009
Rebecca Oyama DO NOT (RE)ENTER: THE RISE OF CRIMINAL BACKGROUND TENANT SCREENING AS A VIOLATION OF THE FAIR HOUSING ACT 15 Michigan Journal of Race and Law 181 (Fall 2009) Increased landlord discrimination against housing applicants with criminal histories has made locating housing in the private market more challenging than ever for individuals with criminal records. Specifically, the increased use of widely available background information in the application process by private housing providers and high error rates... 2009
Josh Blackman EQUAL PROTECTION FROM EMINENT DOMAIN: PROTECTING THE HOME OF OLECH'S CLASS OF ONE 55 Loyola Law Review 697 (Winter 2009) I. INTRODUCTION. 699 II. EMINENT DOMAIN TAKINGS FOR PRIVATE DEVELOPMENT AND POOR, UNEDUCATED, AND MINORITY HOMEOWNERS. 701 A. Eminent Domain and Urban Renewal. 702 B. Eminent Domain Takings for Private Development Takings Incongruously Impact Poor, Uneducated, and Minority Homeowners. 705 III. USING THE EQUAL PROTECTION CLAUSE AND SECTION 1983 TO... 2009
Greg C. Cheyne FACIALLY DISCRIMINATORY ADMISSIONS POLICIES IN HOMELESS SHELTERS AND THE FAIR HOUSING ACT 1 University of Chicago Legal Forum 459 (2009) During recent decades, legislators have created strong protections for individuals from housing discrimination in its various forms. Thanks to these efforts, sex and familial status have joined race, color, religion, national origin, and disability as protected classes, and administrative agencies have been charged with proactively enforcing all... 2009
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