|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...
|FAIR HOUSING AND ONLINE FREE SPEECH COLLIDE IN FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY V. ROOMMATES.COM, LLC
|58 DePaul Law Review 559 (Winter 2009)
|The Ninth Circuit recently affirmed en banc its holding in Fair Housing Council of San Fernando Valley v. Roommates.com, LLC. The en banc court went to great lengths to downplay the gaps in reasoning that pervaded the initial ruling that Roommates.com--a roommate matching website--could be held liable for information posted by third parties on the...
|FAIR HOUSING AND ROOMMATES: CONTESTING A PRESUMPTION OF CONSTITUTIONALITY
|2009 Brigham Young University Law Review 1341 (2009)
|Gene Kavenoki wanted to rent out a room in his apartment to a stable person with whom he could get along well. Unaware that he was engaging in multiple violations of federal law, the graduate student posted the following advertisement on Roommates.com: I am not looking for freaks, geeks, prostitutes (male or female), druggies, pet cobras, drama,...
|FAIR HOUSING COUNCIL V. ROOMMATES.COM: A NEW PATH FOR SECTION 230 IMMUNITY
|24 Berkeley Technology Law Journal 563 (2009)
|Over the years, there have been various terms for the notion that the Internet was something fundamentally different than any communications system or environment that came before it, and thus deserving of a different set of rules. Whether called digital or cyberlibertarianism, cyberspace or internet exceptionalism, the underlying concept was the...
|The Honorable Avern Cohn
|FAIR HOUSING TESTING
|41 Urban Lawyer 273 (Spring, 2009)
|Today's seminar directed to fair housing testing is a discrete part of the efforts to combat discrimination in housing. The use of testing data is one of the principal ways to prove discrimination in housing. In the typical race discrimination case, an African American seeking to rent an apartment is told there are no vacancies. He or she comes to...
|Michael P. Seng, F. Willis Caruso
|FORTY YEARS OF FAIR HOUSING: WHERE DO WE GO FROM HERE?
|18-WTR Journal of Affordable Housing & Community Development Law 235 (Winter, 2009)
|The year 1968 was a year of turmoil. It marked the assassination of Martin Luther King Jr. and Robert Kennedy. It marked race riots in many American cities and a police riot at the Democratic National Convention in Chicago. But 1968 also marks the passage of the federal Fair Housing Act (FHA). This Act had been delayed in Congress for several...
|GENTRIFICATION'S THIRD WAY: AN ANALYSIS OF HOUSING POLICY & GENTRIFICATION IN PROVIDENCE
|3 Harvard Law & Policy Review 413 (Summer, 2009)
|This article examines gentrification in the national housing market and, more specifically, in Providence, Rhode Island and the recent development debate in Providence's poorest neighborhood, Olneyville. While both national and local commentators have disagreed on the benefits and disadvantages of gentrification, this phenomenon has been underway...
|GETTING TO THE ROOTS OF SCHOOL SEGREGATION: THE CHALLENGES OF HOUSING REMEDIES IN NORTHERN SCHOOL DESEGREGATION LITIGATION
|21 National Black Law Journal 173 (2009)
|Introduction. 174 I. The Relationship between Housing and Schools in the North. 174 II. The Challenges to Combining Housing and School Litigation. 177 A. Proving Causation in Combined School and Housing Claims Is Difficult and Requires More Resources Than Most Plaintiffs Are Willing Or Able to Expend. 177 B. The Justice Department Is Unwilling Or...
|Timothy E. Heinle
|GUILTY BY ASSOCIATION: WHAT THE DECISION IN BOSTON HOUSING AUTHORITY v. GARCIA MEANS FOR THE INNOCENT FAMILY MEMBERS OF CRIMINALS LIVING IN PUBLIC HOUSING IN MASSACHUSETTS
|35 New England Journal on Criminal and Civil Confinement 213 (Winter, 2009)
|The purpose of this article is to examine the substantial impact that the recent decision in Boston Housing Authority v. Garcia will have on the friends and family members of convicted criminals who are living in federally funded public housing in the Commonwealth of Massachusetts. In Garcia, the Plaintiff was a longtime tenant with the Boston...
|Leslie A. Lunney
|HAS THE FOURTH AMENDMENT GONE TO THE DOGS?: UNREASONABLE EXPANSION OF CANINE SNIFF DOCTRINE TO INCLUDE SNIFFS OF THE HOME
|88 Oregon Law Review 829 (2009)
|I. Training and Certification of Drug-Detection Dogs and the Science of the Canine Sniff. 834 II. Competing Lines of U.S. Supreme Court Caselaw: Which Line Controls Canine Sniffs of the Home?. 842 A. Focus on the Item: No Legitimate Expectation of Privacy in Possession of Unlawful Contraband. 843 1. Lawful Antecedent Seizure. 850 2. Reduced...
|Mark S. Scarberry
|HISTORICAL CONSIDERATIONS AND CONGRESSIONAL REPRESENTATION FOR THE DISTRICT OF COLUMBIA: CONSTITUTIONALITY OF THE D.C. HOUSE VOTING RIGHTS BILL IN LIGHT OF SECTION TWO OF THE FOURTEENTH AMENDMENT AND THE HISTORY OF THE CREATION OF THE DISTRICT
|60 Alabama Law Review 783 (2009)
|A State is represented in the Senate and in the House as a State. There is no constitutional capacity for representation except through State organization. Representatives in this House are apportioned by the Constitution among the several States. Representative George S. Boutwell, a leading Radical Republican, after arguing for constitutional...
|HOME IS WHERE THE HEART IS: SEXUAL ORIENTATION DISCRIMINATION AND THE RIGHT TO ADEQUATE HOUSING IN INTERNATIONAL LAW
|40 George Washington International Law Review 1343 (2009)
|In 2006, the National Gay and Lesbian Task Force reported that although only 3 to 5 percent of people in the United States are lesbian, gay, bisexual, or transsexual (LGBT), 20 to 40 percent of homeless youths are LGBT individuals. In part, the report attributed this vastly disproportionate rate within homelessness to pervasive discrimination...
|HOME SWEET HOME? THE EFFICACY OF RENTAL RESTRICTIONS TO PROMOTE NEIGHBORHOOD STABILITY
|29 Saint Louis University Public Law Review 41 (2009)
|I. Introduction. 42 II. Varieties Of Rental Restrictions. 46 A. Minimal or No Regulation. 47 B. Procedural Rental Requirements. 49 C. Land Use Approvals. 50 D. Short-term Vacation Rentals. 54 E. Substantive Rental Requirements. 56 F. Neighborhood Self-determination. 57 G. Development Agreement Restrictions. 58 H. Private Covenants. 60 III....
|Richard A. Hooks Wayman
|HOMELESS QUEER YOUTH: NATIONAL PERSPECTIVES ON RESEARCH, BEST PRACTICES, AND EVIDENCE-BASED INTERVENTIONS
|7 Seattle Journal for Social Justice 587 (Spring/Summer, 2009)
|Janelle left the comfort of her home to attend college. During her freshman year, Janelle experienced a lot of stress and anxiety and voluntarily checked herself into a mental health unit at a local hospital for assessment and counseling. Janelle's parents came in from out of state to find out how she was doing and spoke to the hospital staff....
|James J. Kelly, Jr.
|HOMES AFFORDABLE FOR GOOD: COVENANTS AND GROUND LEASES AS LONG-TERM RESALE-RESTRICTION DEVICES
|29 Saint Louis University Public Law Review 9 (2009)
|I. Introduction. 10 II. Dedication of Land to Permanently Affordable Homeownership. 16 A. Why? The Goods of Homeownership. 16 B. Shared Equity Resident-Owned Housing as Achieving These Goods. 19 III. Two Approaches to Resale Restrictions: Lockbox and Stewardship. 23 A. The Legal Challenges for Long-Term Resale Restrictions. 23 1. Restraints on...
|HOMES, RIGHTS, AND PRIVATE COMMUNITIES
|20 University of Florida Journal of Law and Public Policy 479 (December, 2009)
|A sixty-six-year-old Florida man was jailed briefly in 2008 for failing to follow a court order to comply with the rules of his homeowners association, which required him to sod his lawn. Due to a rise in his adjustable rate mortgage payment, he asserted that he could not afford to follow the landscaping requirements of the residential covenant....
|Prepared By: Aimee Faught
|HOUSE RESOLUTION 5: PARAMOUNT RIGHT TO LIFE AMENDING ARTICLE I, SECTION I OF THE CONSTITUTION OF THE STATE OF GEORGIA
|2 John Marshall Law Journal 331 (2009)
|First Signature: Rep. Martin Scott (2nd). Co-Sponsors: Rep. Charlice Byrd (20th), Rep. Melvin Everson (106th), Rep. James Mills (25th), Rep. Rick Crawford (16th) and Rep. Tom Rice (51st). Summary: House Resolution 5 proposes to amend Article I, Section I of the Constitution of the State of Georgia to provide that the paramount right to life is...
|Matthew Sag, Tonja Jacobi, Maxim Sytch
|IDEOLOGY AND EXCEPTIONALISM IN INTELLECTUAL PROPERTY: AN EMPIRICAL STUDY
|97 California Law Review 801 (June, 2009)
|Can Supreme Court justices' views on abortion, racial profiling, and medical malpractice predict how they will vote in intellectual property cases? It may be natural to assume that a justice's views on those topics are irrelevant; they are, after all, unrelated legal fields. It is certainly the dominant view among intellectual property (IP)...
|Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
|IN DEFENSE OF PROPERTY
|118 Yale Law Journal 1022 (April, 2009)
|This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise...
|Robin Paul Malloy
|INCLUSION BY DESIGN: ACCESSIBLE HOUSING AND MOBILITY IMPAIRMENT
|60 Hastings Law Journal 699 (March, 2009)
|As a means of setting the stage for the discussion in this Article, the introduction opens with three vignettes. The short narratives on the lives of three different individuals help to quickly inform the reader about the difficulties confronting the people and families dealing with inaccessible housing and mobility impairment. Pauli was a...
|Otto J. Hetzel
|INTRODUCTORY COMMENTS ON THE FAIR HOUSING TESTING CONFERENCE AND THE IMPORTANCE OF TESTING TO ACHIEVE COMPLIANCE WITH THE FAIR HOUSING ACT
|41 Urban Lawyer 229 (Spring, 2009)
|A conference on fair housing testing was held at Wayne State University Law School, through its Fair Housing Educational Program (FHEP), and the Fair Housing Center of Metropolitan Detroit (FHC), its partner in providing fair housing educational training. We are aware of no other training held exclusively on this topic since the enactment of the...
|23-JUN Probate and Property 18 (May/June, 2009)
|Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. COVENANTS: Restrictive covenant need not be mutual to be enforceable. The owner of three contiguous lots built a house on one of them. Being concerned that construction...
|Judge Michael A. Corriero , Michelle E. Haddad
|KNOCK ON ANY DOOR: THE INTERSECTION BETWEEN HOUSING AND THE JUVENILE JUSTICE SYSTEM
|16 Georgetown Journal on Poverty Law and Policy 631 (Symposium Issue 2009)
|In the 1940s film, Knock On Any Door, fictional character Nick Romano started out as an innocent altar boy living in a middle class neighborhood in Chicago. His life changed dramatically when his father was wrongly convicted of a crime and sent to prison where he died of a heart attack. His family, left destitute, was forced to move out of their...
|LOCAL PREFERENCES IN AFFORDABLE HOUSING: SPECIAL TREATMENT FOR THOSE WHO LIVE OR WORK IN A MUNICIPALITY?
|36 Boston College Environmental Affairs Law Review 207 (2009)
|Abstract: Local governments are increasingly granting preference to local residents and employees when selecting occupants for affordable housing set-asides. These preferences risk being invalidated for three reasons. First, courts could view the preferences as a penalty on non-residents' fundamental right to travel and migration. Second,...
|Richard D. Marsico
|LOOKING BACK AND LOOKING AHEAD AS THE HOME MORTGAGE DISCLOSURE ACT TURNS THIRTY-FIVE: THE ROLE OF PUBLIC DISCLOSURE OF LENDING DATA IN A TIME OF FINANCIAL CRISIS
|29 Review of Banking and Financial Law 205 (Fall, 2009)
|Congress passed the Home Mortgage Disclosure Act (HMDA) in 1975 as a tool to end redlining. Redlining is a broad term that covers many different practices. In the context of the passage of HMDA, redlining is a lender's refusal to lend, or lending on more onerous terms, in urban, older, low-income or predominantly minority neighborhoods, not based...
|MAKING FAIR (PUBLIC) HOUSING CLAIMS IN A POST-RACISM LEGAL CONTEXT
|18-WTR Journal of Affordable Housing & Community Development Law 215 (Winter, 2009)
|In 1969, the federal courts ruled in Gautreaux v. Chicago Housing Authority that public housing in Chicago was intentionally and illegally concentrated in black neighborhoods and that blacks were restricted to living in these segregated projects. In the mid-1990s, a group of North Kenwood-Oakland (NKO) residents waged their case against public...
|MEAN STREETS: VIOLENCE AGAINST THE HOMELESS AND THE MAKINGS OF A HATE CRIME
|6 Hastings Race and Poverty Law Journal 305 (Summer 2009)
|On January 12, 2006, a surveillance camera in Fort Lauderdale, Florida, caught two teenagers in the act of beating a homeless man in an unprovoked attack. In the footage, the victim, later identified as Jacques Pierre, attempted to defend himself while his assailants beat him with baseball bats. The recorded assault on Jacques Pierre was one in a...
|METROPOLITAN SCHOOLING AND HOUSING INTEGRATION
|18-WTR Journal of Affordable Housing & Community Development Law 193 (Winter, 2009)
|Four decades after the Fair Housing Act and more than five decades after the Brown v. Board of Education of Topeka decision, neighborhoods and schools remain deeply segregated. Although residential segregation between blacks and whites has been declining since 1970, it still remains quite high, particularly in the nation's largest metropolitan...
|NARROWING THE DEFINITION OF "DWELLING" UNDER THE FAIR HOUSING ACT
|56 UCLA Law Review 1867 (August, 2009)
|The Fair Housing Act was enacted in order to protect certain groups against discrimination in housing. The Act extends this protection to any dwelling, but its coverage is not well defined for nontraditional sleeping facilities such as homeless shelters, substance abuse treatment facilities, or tent cities. Courts have applied the Fair Housing...
|Krystle L. Jackson
|NEED FOR REFORM: THE PENNSYLVANIA "CURATIVE AMENDMENT" IN LIGHT OF THE NATIONAL HOUSING CRISIS
|18 Widener Law Journal 937 (2009)
|The curative amendment process, which allows landowners to challenge local zoning ordinances by filing curative amendment[s] directly to the municipality instead of making a challenge to the state or local courts, is unique to Pennsylvania. This process provides landowners and developers alike with a valuable tool in battling exclusionary zoning...