Author | Title | Citation | Summary | Year |
A. Mechele Dickerson |
THE MYTH OF HOME OWNERSHIP AND WHY HOME OWNERSHIP IS NOT ALWAYS A GOOD THING |
84 Indiana Law Journal 189 (Winter, 2009) |
Home ownership is viewed as key to achieving the American Dream and is now an essential element of the American cultural norm of what it means to be a success. The metastasizing mortgage crisis suggests, however, that our home ownership policies are out-dated, misguided, and largely ignore the actual market realities many potential homeowners now... |
2009 |
James Robert Breymaier |
THE NEED TO PRIORITIZE THE AFFIRMATIVE FURTHERING OF FAIR HOUSING: A CASE STATEMENT |
57 Cleveland State Law Review 245 (2009) |
I. Introduction. 245 II. Affirmative Furthering Is Necessary for Metropolitan Structural Change. 248 III. Racial Attitudes Toward Integration. 250 IV. Affirmative Furthering, Integration, and Structural Change. 252 V. Proactive Models of Intentional Integration and Affirmative Furthering. 253 |
2009 |
Gregory S. Alexander |
THE SOCIAL-OBLIGATION NORM IN AMERICAN PROPERTY LAW |
94 Cornell Law Review 745 (May, 2009) |
This Article seeks to provide in property legal theory an alternative to law-and-economics theory, the dominant mode of theorizing about property in contemporary legal scholarship. I call this alternative the social-obligation theory. I argue that American property law, both on the private and public sides, includes a social-obligation norm, but... |
2009 |
Bernadette Atuahene |
THINGS FALL APART: THE ILLEGITIMACY OF PROPERTY RIGHTS IN THE CONTEXT OF PAST PROPERTY THEFT |
51 Arizona Law Review 829 (Winter 2009) |
Past property theft is often a volatile political issue that has threatened to destabilize many nascent democracies. How does a transitional state avoid present-day property-related disobedience when a significant number of people believe that the current property distribution is illegitimate because of past property theft? To explore this... |
2009 |
Stephanie Hunter McMahon |
TO SAVE STATE RESIDENTS: STATES' USE OF COMMUNITY PROPERTY FOR FEDERAL TAX REDUCTION, 1939-1947 |
27 Law and History Review 585 (Fall, 2009) |
In 1939, at the end of almost two decades of statewide want and despair, Oklahoma adopted the community property system to save state residents on their federal income tax. Between 1939 and 1947, Oklahoma and four other states openly and unabashedly exploited the Supreme Court's creation of what amounted to a tax loophole for the nation's... |
2009 |
Gregory D. Squires |
URBAN DEVELOPMENT AND UNEQUAL ACCESS TO HOUSING FINANCE SERVICES |
53 New York Law School Law Review 255 (2008/2009) |
Dramatic changes have taken place in the nation's mortgage lending markets in recent years. Passage of the Community Reinvestment Act (CRA) in 1977, enforcement of the federal Fair Housing Act (FHA), and compliance with a range of local, state, and national fair lending rules have increased access to credit for many households and communities... |
2009 |
Melissa A. Cohen |
VINDICATING THE MATRIARCH: A FAIR HOUSING ACT CHALLENGE TO FEDERAL NO-FAULT EVICTIONS FROM PUBLIC HOUSING |
16 Michigan Journal of Gender & Law 299 (2009) |
I. Introduction 300 II. The Law 301 III. Criticisms of the Rucker Decision 303 IV. Some Proposed Strategies to Challenge or Reform the Federal No-Fault Eviction Policy 306 V. Sex Discrimination as a New Angle of Attack 308 VI. Disparate Impact Claims Under the Fair Housing Act 310 VII. The Arlington Heights Analysis 312 A. Arlington... |
2009 |
Evan Forrest Anderson |
VOUCHING FOR LANDLORDS: WITHDRAWING FROM THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM AND RESULTING DISPARATE IMPACT CLAIMS --GRAOCH ASSOCIATES #33, L.P. V. LOUISVILLE/JEFFERSON COUNTY METRO HUMAN RELATIONS COMMISSION, 508 F.3D 366 (6TH CIR. 2007) |
78 University of Cincinnati Law Review 371 (Fall 2009) |
The poverty and social isolation of minority groups in central cities is the single most serious problem of the American city today. It must be attacked with urgency, with a greater commitment of resources than has heretofore been the case, and with programs designed especially for this purpose. -- Daniel Patrick Moynihan More than 2.1 million... |
2009 |
Scott N. Gilbert |
YOU CAN MOVE IN BUT YOU CAN'T STAY: TO PROTECT OCCUPANCY RIGHTS AFTER HALPRIN, THE FAIR HOUSING ACT NEEDS TO BE AMENDED TO PROHIBIT POST-ACQUISITION DISCRIMINATION |
42 John Marshall Law Review 751 (Spring 2009) |
The Blochs are Jewish, and their religious beliefs require them to display a religious symbol called a mezuzah on the outer doorframe of their residence, which they did for over thirty years without conflict. When the Blochs' condominium board reinterpreted an existing rule to prohibit display of the mezuzah, their longstanding practice now clashed... |
2009 |
Lauren E. Burke |
"ONE STRIKE" EVICTIONS IN PUBLIC HOUSING AND THE DISPARATE IMPACT ON BLACK PUBLIC HOUSING TENANTS IN WASHINGTON, D.C. |
52 Howard Law Journal 167 (Fall 2008) |
The Fourteenth Amendment of the United States Constitution provides that No State shall . . . deprive any person of life, liberty or property, without due process of law . . . This clause is commonly referred to as the Due Process Clause because in order to limit or eliminate a person's enjoyment of the constitutional guarantees of life, liberty... |
2008 |
Lisa T. Alexander |
A SOCIOLEGAL HISTORY OF PUBLIC HOUSING REFORM IN CHICAGO |
17-WTR Journal of Affordable Housing & Community Development Law 155 (Fall, 2007/Winter, 2008) |
Waiting for Gautreaux: A Story of Segregation, Housing, and the Black Ghetto By Alexander Polikoff Northwestern University Press (2006) 422 pages Black on the Block: The Politics of Race and Class in the City By Mary Pattillo University of Chicago Press (2007) 388 pages As the Housing Opportunities for People Everywhere (HOPE VI) program enters its... |
2008 |
John K. Pierre , Gail S. Stephenson |
AFTER KATRINA: A CRITICAL LOOK AT FEMA'S FAILURE TO PROVIDE HOUSING FOR VICTIMS OF NATURAL DISASTERS |
68 Louisiana Law Review 443 (Winter, 2008) |
On August 29, 2005, Hurricane Katrina, the costliest and one of the five deadliest hurricanes ever to strike the United States, struck the northern Gulf Coast region, making initial landfall in Louisiana, before moving across Mississippi and into Alabama. Hundreds of thousands of people, many of them low-to-moderate-income residents, were forced... |
2008 |
Bradford J. Sayler |
AMPLIFYING ILLEGALITY: USING THE EXCEPTION TO CDA IMMUNITY CARVED OUT BY FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY V. ROOMMATES.COM TO COMBAT ABUSIVE EDITING TACTICS |
16 George Mason Law Review 203 (Fall, 2008) |
The Internet age has introduced a variety of new ways for private citizens to express themselves. Historically, Average Joe has sat on the sidelines of the world and passively absorbed the word as spread by the few active players. Today, Joe can spread his own message across the globe at the click of a mouse. With nothing more than a computer and... |
2008 |
Joseph Sant |
ASIAN AMERICANS AND SEATTLE'S OPEN HOUSING MOVEMENT |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 167 (2008) |
The civil rights struggle for fair housing legislation at the national level was accompanied by calls at the state and local levels throughout the country to enact ordinances banning discrimination in housing. In Seattle, the effort to formally ban discrimination in housing spanned a decade, beginning with the ill-fated 1957 state fair housing law... |
2008 |
Andrew D. Appleby |
BALL BUSTERS: HOW THE IRS SHOULD TAX RECORD-SETTING BASEBALLS AND OTHER FOUND PROPERTY UNDER THE TREASURE TROVE REGULATION |
33 Vermont Law Review 43 (Fall, 2008) |
Currently, a vital debate has the country split in two-a debate that tears at the very fabric of America's tradition and culture: how should the IRS tax the catcher of a record-setting baseball? This question has raised the ire of Congress, confounded the IRS, and riled up tax geeks across the country. There are two prevalent conflicting views on... |
2008 |
Cynthia Soohoo , Suzanne Stolz |
BRINGING THEORIES OF HUMAN RIGHTS CHANGE HOME |
77 Fordham Law Review 459 (November, 2008) |
A recent poll conducted by The Opportunity Agenda indicates that most Americans identify with human rights as a value and think that human rights violations are occurring in the United States. Eighty-one percent of Americans polled agreed that we should strive to uphold human rights in the United States because there are people being denied their... |
2008 |
Robert G. Schwemm |
COX, HALPRIN, AND DISCRIMINATORY MUNICIPAL SERVICES UNDER THE FAIR HOUSING ACT |
41 Indiana Law Review 717 (2008) |
When the Federal Fair Housing Act (FHA) was passed forty years ago, its proponents saw it as a way of breaking the bonds of race-based ghettos and, with them, the limits on blacks' access to equal opportunity in education, suburban jobs, and all other aspects of the American dream. The goal of the FHA was not merely to end housing discrimination... |
2008 |
Jo Carrillo |
DANGEROUS LOANS: CONSUMER CHALLENGES TO ADJUSTABLE RATE MORTGAGES |
5 Berkeley Business Law Journal 1 (Spring 2008) |
ABSTRACT: As recently as the first quarter of 2007, home ownership rates were up across the board, including in low-income, fixed-income, and minority communities. By the fourth quarter of 2007, sales volume had flattened, housing prices had peaked or dropped, interest rates for consumers were uncertain, and mortgage lenders had tightened access to... |
2008 |
Edward Imperatore |
DISCRIMINATORY CONDEMNATIONS AND THE FAIR HOUSING ACT |
96 Georgetown Law Journal 1027 (March, 2008) |
C1-3Table of Contents L1-2Introduction . L31027 I. The History of Blight in the Context of Eminent Domain. 1030 a. the origins of blight and its relationship to takings jurisprudence. 1030 b. blight as a subjective and malleable concept. 1033 c. policy considerations concerning eminent domain. 1034 II. Proposed Solutions Are Inadequate. 1035 a.... |
2008 |
Tali Schaefer |
DISPOSABLE MOTHERS: PAID IN-HOME CARETAKING AND THE REGULATION OF PARENTHOOD |
19 Yale Journal of Law & Feminism 305 (2008) |
ABSTRACT: Recent custody decisions in the United States have treated paid in-home caretakers as substitutes for parents who are either unavailable or unable to care for their children. They have created a legal category of nanny that detaches primary caretaking from the caretaker and attributes care provided by in-home caretakers to paying... |
2008 |
Shirley Darby Howell |
DOMESTIC VIOLENCE, FLAWED INTERPRETATIONS OF 42 U.S.C. § 1437(D)(L)(6), SEXUAL HARASSMENT IN PUBLIC HOUSING, AND MUNICIPAL VIOLATIONS OF THE EIGHTH AMENDMENT: MAKING WOMEN HOMELESS AND KEEPING THEM HOMELESS |
13 Jones Law Review 1 (Fall, 2008) |
Homeless women accompanied by at least one child comprise the fastest growing segment of America's homeless population. This article examines the great poverty that has befallen so many women in America, focusing specifically upon the links between domestic violence, the Department of Housing and Urban Development v. Rucker decision interpreting 42... |
2008 |
Judith Browne-Dianis, Anita Sinha |
EXILING THE POOR: THE CLASH OF REDEVELOPMENT AND FAIR HOUSING IN POST-KATRINA NEW ORLEANS |
51 Howard Law Journal 481 (Spring 2008) |
Katrina was a tragedy, but its aftermath presents the most exciting urban opportunity since San Francisco in 1906. Pioneers, please apply. Hurricane Katrina caused a crisis of a magnitude never before seen on U.S. soil. With thousands dead and hundreds of thousands displaced, policymakers swiftly presented the tragedy as an opportunity for New... |
2008 |
Elizabeth K. Julian |
FAIR HOUSING AND COMMUNITY DEVELOPMENT: TIME TO COME TOGETHER |
41 Indiana Law Review 555 (2008) |
Forty years ago, shortly before the passage of the Fair Housing Act, the National Advisory Commission on Civil Disorders, more generally known as the Kerner Commission, famously declared that the country was moving toward two societies, one black, one white-separate and unequal. The Commission urged, among other things, the enactment of a... |
2008 |
Chris A. Kolosov |
FAIR HOUSING LAWS AND THE CONSTITUTIONAL RIGHTS OF ROOMMATE SEEKERS |
4 Modern American 3 (Fall, 2008) |
Imagine a biracial, heterosexual, female Buddhist, new to Los Angeles and looking for a place to live. Short of money, she notes the following roommate-wanted ads: 1. We are three Christian females . We have weekly bible studies and bi-weekly times of fellowship. 2. The person applying for the room MUST be a BLACK GAY MALE. 3. This is a Christian... |
2008 |
Creola Johnson |
FIGHT BLIGHT: CITIES SUE TO HOLD LENDERS RESPONSIBLE FOR THE RISE IN FORECLOSURES AND ABANDONED PROPERTIES |
2008 Utah Law Review 1169 (2008) |
I. Introduction. 1170 II. Rising Foreclosures, Abandoned Homes, and Blight on Surrounding Neighborhoods. 1173 A. Predatory Subprime Loans Are the Cause of Increased Foreclosures and Abandonments. 1174 B. The True Pecuniary and Social Costs of Abandoned Blighted Properties. 1180 III. Current Legal Responses to Combat the Rising Tide of Foreclosures... |
2008 |
Clifton R. Gruhn |
FILLING GAPS LEFT BY CONGRESS OR VIOLATING FEDERAL RIGHTS: AN ANALYSIS OF LOCAL ORDINANCES RESTRICTING UNDOCUMENTED IMMIGRANTS' ACCESS TO HOUSING |
39 University of Miami Inter-American Law Review 529 (Spring/Summer 2008) |
I. Introduction. 529 II. The Local Ordinances Appear to Affect Immigrants' Rights Under the Fair Housing Act. 535 III. How Local Ordinances Affect Immigrants' Rights Under 42 U.S.C. § 1981, 42 U.S.C. § 1982, and 42 U.S.C. § 1983. 544 A. 42 U.S.C. § 1981. 544 B. 42 U.S.C. § 1982. 546 C. 42 U.S.C. § 1983. 547 IV. Local Ordinances Appear to Affect... |
2008 |
Jessica Reingold Katz |
FINDING FAULT: IMPLICATIONS OF IMPORTING THE TITLE VII STANDARD FOR VICARIOUS PUNITIVE LIABILITY TO THE FAIR HOUSING ACT |
29 Cardozo Law Review 2749 (May, 2008) |
The Smiths, an African-American couple, respond by phone to an advertisement in the local newspaper for an apartment building in a predominantly white neighborhood. The building owner informs the Smiths that there is an apartment available for rent and that one of the rental agents he has employed will be happy to show them the apartment. The... |
2008 |
Michael Aleo, Pablo Svirsky |
FORECLOSURE FALLOUT: THE BANKING INDUSTRY'S ATTACK ON DISPARATE IMPACT RACE DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY ACT |
18 Boston University Public Interest Law Journal 1 (Fall 2008) |
The foreclosure crisis that plagues the United States disproportionately affects minority borrowers. African American and Latino borrowers with incomes and credit scores similar to those of white borrowers receive far less favorable loans, commonly referred to as subprime loans, and are often charged exorbitant fees that lenders tend not to charge... |
2008 |
John P. Relman |
FORECLOSURES, INTEGRATION, AND THE FUTURE OF THE FAIR HOUSING ACT |
41 Indiana Law Review 629 (2008) |
In their seminal work, American Apartheid, Douglas Massey and Nancy Denton compellingly chronicle the way in which residential spatial segregation in America's cities has contributed to the growth of an African-American underclass that threatens to make urban poverty and racial injustice a permanent fixture of American society. Central to their... |
2008 |
Melinda A. Mueller |
GENDER DIFFERENCES IN THE 2006 HOUSE ELECTIONS: THE EFFECT OF GENDER ON CAMPAIGN MESSAGES ABOUT THE IRAQ WAR |
31 Thomas Jefferson Law Review 53 (Fall 2008) |
The 2006 Congressional midterm elections had all the earmarks of a traditional midterm election--low presidential popularity, an unpopular war, and a majority party tarnished by scandal. A record number of women candidates retained or won their election race, including ten women who joined the U.S. House of Representatives. The 2006 elections offer... |
2008 |