Jeffrey D. Dillman NEW STRATEGIES FOR OLD PROBLEMS: THE FAIR HOUSING ACT AT 40 57 Cleveland State Law Review 197 (2009) I. Introduction. 197 II. Advances in Fair Housing Since 1968. 198 III. Evidence of Persistent Discrimination and Segregation. 200 IV. Past Strategies: Enforcement and Education. 204 V. The Future of Fair Housing. 205 2009
Joy S. Miller OHIO CIVIL RIGHTS COMMISSION v. AKRON METROPOLITAN HOUSING AUTHORITY 35 Ohio Northern University Law Review 1224 (2009) In July of 2008, the Supreme Court of Ohio decided Ohio Civil Rights Commission v. Akron Metropolitan Housing Authority. While at their home the Harper family was continually racially harassed by their neighbors. Attempting to deal with the derogatory statements of their neighbors, the Harpers sought help from their landlord. Despite the encounters... 2009
Marian L. Black, Janet L. Bozeman PRACTICAL ISSUES IN PLANNING FOR AGE-RESTRICTED HOUSING UNDER THE HOUSING FOR OLDER PERSONS ACT (HOPA) 23-FEB Probate and Property 34 (January/February, 2009) The astounding statistics regarding the post-Second World War generation, the baby boomers, are well-known. Increasingly as the 80 million baby boomers in the American population age, developers will undoubtedly seek to take advantage of this substantial demographic to create age-restricted communities to suit boomers' desires and needs. These... 2009
James M. Lammendola , Michael A. Valenza PRACTICING FAIR HOUSING PRINCIPLES IN SOUTHEASTERN PENNSYLVANIA BEFORE THE 1968 FAIR HOUSING ACT: MARGARET H. COLLINS AND SUBURBAN FAIR HOUSING, INC. 11 Atlantic Law Journal 107 (2009) On August 28, 1963 in the West African country of Ghana, author, activist and National Association for the Advancement of Colored People (NAACP) co-founder W.E.B. DuBois, born the year the Fourteenth Amendment was ratified, died. In Washington, D.C, Dr Martin Luther King unleashed his I Have a Dream speech. That same day in the Philadelphia... 2009
Alfred L. Brophy PROPERTY AND PROGRESS: ANTEBELLUM LANDSCAPE ART AND PROPERTY LAW 40 McGeorge Law Review 603 (2009) Landscape art in the Antebellum Era (the period before the American Civil War, 1861-1865), often depicts the role of humans on the landscape. Humans appear as hunters, settlers, and travelers, and human structures appear as well, from rude paths, cabins, mills, bridges, and canals to railroads and telegraph wires. Those images parallel cases,... 2009
Nestor M. Davidson PROPERTY AND RELATIVE STATUS 107 Michigan Law Review 757 (March, 2009) Property does many things--it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the... 2009
Richard Marsico, Jane Yoo RACIAL DISPARITIES IN SUBPRIME HOME MORTGAGE LENDING IN NEW YORK CITY: MEANING AND IMPLICATIONS 53 New York Law School Law Review 1011 (2008/2009) The recent turmoil in the financial markets related to rising default rates on subprime home purchase loans should not obscure the fact that study after study has shown African-Americans, Latinos, and residents of predominantly minority neighborhoods receive a disproportionately high percentage of subprime home purchase loans. Not only do... 2009
David S. Bogen REBUILDING THE SLAUGHTER-HOUSE: THE CASES' SUPPORT FOR CIVIL RIGHTS 42 Akron Law Review 1129 (2009) The Slaughter-House Cases have a bad reputation for good reason. Justice Miller's narrow reading of the Privileges or Immunities Clause was used to prevent the federal government from adequately protecting African-Americans after the Civil War. Further, his opinion for the Court significantly delayed the application of the Bill of Rights to the... 2009
Elizabeth K. Julian RECENT ADVOCACY RELATED TO THE LOW INCOME HOUSING TAX CREDIT AND FAIR HOUSING 18-WTR Journal of Affordable Housing & Community Development Law 185 (Winter, 2009) We have long recognized that government can and should act to ensure that all people have a decent place to live. And we know that place means not only the housing structure but where it is located. The Low Income Housing Tax Credit (LIHTC) program is the latest in a line of programs through which we have chosen to address this worthy goal.... 2009
Marci A. Reddick , Danielle B. Tucker RECENT DEVELOPMENTS IN INDIANA REAL PROPERTY LAW 42 Indiana Law Review 1187 (2009) With the unstable state of the real estate market and the global economy, an inordinate number of residential and commercial properties are being acquired via foreclosure. A case before the Indiana Court of Appeals in spring 2008 illustrates some of the problems that arise in purchasing distressed real estate and provides practitioners a review of... 2009
John A. Powell REFLECTIONS ON THE PAST, LOOKING TO THE FUTURE: THE FAIR HOUSING ACT AT 40 18-WTR Journal of Affordable Housing & Community Development Law 145 (Winter, 2009) Every ten years, dutiful law review editors across the nation call upon commentators and scholars to reflect upon the state of housing in the United States. Among all of the commemorative scholarship in the area of civil rights, perhaps none can be as somber or dispiriting as the state of fair housing. Although, and perhaps because, housing was... 2009
Natasha M. Trifun RESIDENTIAL SEGREGATION AFTER THE FAIR HOUSING ACT 36-FALL Human Rights 14 (Fall, 2009) The year 2008 marked the fortieth anniversary of the passage of the Fair Housing Act (FHA), yet housing discrimination and related socioeconomic problems persist. The formal barriers to residential integration have been lifted, but many African Americans still face limited housing choices, and live in poor neighborhoods that lack the... 2009
Adam J. Levitin RESOLVING THE FORECLOSURE CRISIS: MODIFICATION OF MORTGAGES IN BANKRUPTCY 2009 Wisconsin Law Review 565 (2009) This Article empirically tests the economic assumption underlying the policy against bankruptcy modification of home-mortgage debt--that protecting lenders from losses in bankruptcy encourages them to lend more and at lower rates, and thus encourages homeownership. The data show that the assumption is mistaken; permitting modification would have... 2009
Nicole Schmidt SAN FRANCISCO PUBLIC HOUSING AS AN AVENUE FOR EMPOWERMENT: THE CASE FOR SPIRITED COMPLIANCE WITH TENANT PARTICIPATION REQUIREMENTS 6 Hastings Race and Poverty Law Journal 333 (Summer 2009) Public housing developments, better known as the projects, are infamous for high rates of crime and squalid conditions. A conversation with any public housing tenant will reveal a plethora of deficiencies in the administration of housing developments. Citing problems from lack of communication and responsiveness to substandard and even unsanitary... 2009
William Josephson SENATE ELECTION OF THE VICE PRESIDENT AND HOUSE OF REPRESENTATIVES ELECTION OF THE PRESIDENT 11 University of Pennsylvania Journal of Constitutional Law 597 (February, 2009) C1-3Table of Contents I. Introduction. 598 A. The Twelfth Amendment Procedures. 599 B. Presidential and Vice Presidential Terms. 609 C. Outline of Article. 612 II. Senate Vice Presidential Election. 613 A. Two Highest Numbers on the List. 613 B. By When Must the Senate Vote?. 614 C. Absent Senators. 618 D. Cloture. 618 E. The Vice President as... 2009
Eric S. Tars SEPARATE & UNEQUAL IN THE SAME CLASSROOM: HOMELESS STUDENTS IN AMERICA'S PUBLIC SCHOOLS 14 Public Interest Law Reporter 267 (Summer 2009) Over one million children experience homelessness in America every year, and with the growing foreclosure crisis, another two million children will likely experience homelessness in the next year. Homeless children face many of the same problems as poor and racial minority children across the country, indeed poor and minority families are... 2009
Lisa T. Alexander STAKEHOLDER PARTICIPATION IN NEW GOVERNANCE: LESSONS FROM CHICAGO'S PUBLIC HOUSING REFORM EXPERIMENT 16 Georgetown Journal on Poverty Law and Policy 117 (Winter, 2009) The efficacy of the public-private partnership as a tool for social reform is the subject of continued scholarly and public debate. New governance theory, an increasingly popular form of jurisprudence, constructs an optimistic vision of stakeholder collaboration in public-private partnerships that justifies the use of the public-private partnership... 2009
Raymond H. Brescia SUBPRIME COMMUNITIES: REVERSE REDLINING, THE FAIR HOUSING ACT AND EMERGING ISSUES IN LITIGATION REGARDING THE SUBPRIME MORTGAGE CRISIS 2 Albany Government Law Review 164 (2009) I. The Subprime Mortgage Crisis and Local Communities. 168 A. The Impact. 168 B. Key Elements of the Subprime Crisis that Brought About these Impacts. 170 C. The Discriminatory Roots of the Subprime Mortgage Crisis. 172 II: A Municipal Lawsuit Under the Fair Housing Act to Remedy the Impacts of the Subprime Mortgage Crisis: Mayor and City Council... 2009
G. Michael Payton, J.D. , Matthew D. Miko, J.D. SUBSTANTIAL EQUIVALENCY AND THE FUTURE OF FAIR HOUSING IN OHIO 57 Cleveland State Law Review 257 (2009) I. Introduction. 257 II. The Meaning and Importance of Substantial Equivalency. 258 III. Recent Developments in Ohio's Fair Housing Law. 259 A. A Landlord's Liability for Tenant on Tenant Harassment. 261 B. Preventative Relief and Retrofitting Inaccessible Housing. 261 C. Standing of Fair Housing Organizations. 263 D. Issuance of Subpoenas During... 2009
Aaron O'Toole, Benita Jones TENANT PURCHASE LAWS AS A TOOL FOR AFFORDABLE HOUSING PRESERVATION: THE D.C. EXPERIENCE 18-SUM Journal of Affordable Housing & Community Development Law 367 (Summer, 2009) I. Introduction. 368 II. Legislative Purpose and Statutory Overview. 368 A. Legislative History and Purpose of the Act. 369 B. Statutory Overview: Opportunity to Purchase and Offer of Sale. 370 C. TOPA Timeline for Tenants to Exercise Rights. 372 1. Registration. 372 2. Negotiation. 372 3. Settlement. 373 D. Related Tenant Protections. 374 III.... 2009
Gregory S. Alexander THE COMPLEX CORE OF PROPERTY 94 Cornell Law Review 1063 (May, 2009) In this Reply, I respond to critiques of my article, The Social-Obligation Norm in American Property Law, by Professors Henry Smith, Eric Claeys, and Jedediah Purdy. Professor Henry Smith's critique is grounded in his basic rule-utilitarian point that the right to exclusion must be understood as the core of ownership, a point that he has... 2009
Hannibal Travis THE CULTURAL AND INTELLECTUAL PROPERTY INTERESTS OF THE INDIGENOUS PEOPLES OF TURKEY AND IRAQ 15 Texas Wesleyan Law Review 415 (Spring 2009) I. Defining Indigenous Peoples and Their Property Interests under International Law. 422 II. The Destruction of Indigenous Peoples' Cultural and Intellectual Property in Turkey and Iraq. 432 A. The Assyrians of Anatolia and Mesopotamia. 432 B. The Greeks of Anatolia and Cyprus. 451 C. The Jews of Anatolia and Mesopotamia. 461 D. The Mandaeans and... 2009
Benjamin Harney THE ECONOMICS OF EXCLUSIONARY ZONING AND AFFORDABLE HOUSING 38 Stetson Law Review 459 (Winter 2009) The President of the United States created a Commission to study local zoning regulations and their impact on housing costs. After two years of intense research, the Commission submitted its much-anticipated report to the President. The 504-page report concluded: Zoning affects land values in a number of ways. First, by protecting development... 2009
Ngai Pindell THE FAIR HOUSING ACT AT FORTY: PREDATORY LENDING AND THE CITY AS PLAINTIFF 18-WTR Journal of Affordable Housing & Community Development Law 169 (Winter, 2009) I. Introduction. 169 II. The FHA's role in Combating Discriminatory Lending Practices. 170 III. The Elusive Nature of Predatory and Subprime Lending. 171 IV. The FHA's Traditional Application to Discriminatory Lending and Redlining. 172 V. The Current Battleground: Applying the FHA to Cases of Reverse Redlining. 173 VI. The Next Phase? The City as... 2009
Kevin M. Wilemon THE FAIR HOUSING ACT, THE COMMUNICATIONS DECENCY ACT, AND THE RIGHT OF ROOMMATE SEEKERS TO DISCRIMINATE ONLINE 29 Washington University Journal of Law and Policy 375 (2009) Risking overstatement only slightly, the Internet represents a brave new world of free speech. When the 90th Congress passed Title VIII of the Civil Rights Act of 1968, it could not predict all of the contexts in which the Fair Housing Act (FHA) would be applied. Just as the 90th Congress could not have envisioned the FHA's application to... 2009
John A. Powell , Jason Reece THE FUTURE OF FAIR HOUSING AND FAIR CREDIT: FROM CRISIS TO OPPORTUNITY 57 Cleveland State Law Review 209 (2009) I. Introduction. 210 II. From the Inner City to Wall Street and Beyond: The Credit Crisis and Global Systems of Marginalization. 213 A. Securitization, Deregulation, and the Credit Crisis. 213 B. Global Systems of Marginalization and an Advocacy Response. 218 III. The Racial Footprint of the Credit Crisis. 219 A. Race and the Credit Crisis: What... 2009
Robert M. Zinman, Novica Petrovski THE HOME MORTGAGE AND CHAPTER 13: AN ESSAY ON UNINTENDED CONSEQUENCES 17 American Bankruptcy Institute Law Review 133 (Spring, 2009) Assume a bank holds a $400,000 loan secured by a mortgage on Bertha Borrower's home (her principal residence). The value of Bertha's home has fallen to $200,000. Bertha is in default under the mortgage and the mortgagee notifies her that it intends to foreclose. In response, Bertha files a voluntary petition for chapter 13 relief which stays any... 2009
Katherine Evans THE ICE STORM IN U.S. HOMES: AN URGENT CALL FOR POLICY CHANGE 33 New York University Review of Law and Social Change 561 (2009) Since its creation in 2003, the Bureau of Immigration and Customs Enforcement (ICE) has used increasingly aggressive tactics to enforce U.S. immigration law. One of ICE's most prominent enforcement initiatives is its practice of raiding the homes of immigrants. Accounts of home raids from victims all over the country reveal a pattern of practice... 2009
John Obee THE IMPORTANCE OF TESTING EVIDENCE IN HOUSING DISCRIMINATION SALES TRANSACTIONS: TWO CASE STUDIES 41 Urban Lawyer 309 (Spring, 2009) In the forty years since the adoption of the federal Fair Housing Act, fair housing centers and civil rights attorneys have primarily used one key means of developing evidence of unlawful housing discrimination, i.e., testing. In the landmark United States Supreme Court case, Havens Realty Corp. v. Coleman, the Court determined that testers are an... 2009
Michael Diamond THE MEANING AND NATURE OF PROPERTY: HOMEOWNERSHIP AND SHARED EQUITY IN THE CONTEXT OF POVERTY 29 Saint Louis University Public Law Review 85 (2009) Property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. Blackstone's famous statement, derived from Lockean principals, has come to exemplify the currently popular, largely unquestioned, view of property in American... 2009
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