AuthorTitleCitationSummaryYear
Padraic Kenna GLOBALIZATION AND HOUSING RIGHTS 15 Indiana Journal of Global Legal Studies 397 (Summer, 2008) This article seeks to explore the relationship between the growing phenomenon of globalization and the field of housing rights. I begin with a general description of globalization, and move on to discuss its effect on homelessness, and on housing systems across the world. I examine the role of global corporations; the globalization of housing... 2008
Janet M. Bollinger HOMEOWNERS' ASSOCIATIONS AND THE USE OF PROPERTY PLANNING TOOLS: WHEN DOES THE RIGHT TO EXCLUDE GO TOO FAR? 81 Temple Law Review 269 (Spring 2008) A homeowners' association (HOA) governs a growing number of suburban American communities. Oftentimes, the presence of an HOA as a mechanism of private government is beneficial to community members and is a main incentive for why homeowners choose what property to purchase. Because of their broad decision-making powers and judicial discretion,... 2008
Diane J. Klein , Charles Doskow HOUSINGDISCRIMINATION.COM?: THE NINTH CIRCUIT (MOSTLY) PUTS OUT THE WELCOME MAT FOR FAIR HOUSING ACT SUITS AGAINST ROOMMATE-MATCHING WEBSITES 38 Golden Gate University Law Review 329 (Spring 2008) Introduction. 331 I. When Is It Lawful To Discriminate, But Not To Advertise That You Do? When You're Looking For A Roommate [§ 3604(c) of the Fair Housing Act]. 334 A. Section 3604(c) turns publishers of real estate advertising into low-cost educators in the broader effort to teach Americans about the substantive non-discrimination provisions of... 2008
Risa E. Kaufman HUMAN RIGHTS IN THE UNITED STATES: RECLAIMING THE HISTORY AND ENSURING THE FUTURE 40 Columbia Human Rights Law Review 149 (Fall 2008) Providing a powerful arsenal of crosscutting strategies and honoring the interdependence and indivisibility of economic, social, cultural, civil, and political rights, a human rights paradigm has the potential to revolutionize and reframe social justice advocacy in the United States. Indeed, domestic lawyers are increasingly adopting human rights... 2008
Kai Bartolomeo IMMIGRATION AND THE CONSTITUTIONALITY OF LOCAL SELF HELP: ESCONDIDO'S UNDOCUMENTED IMMIGRANT RENTAL BAN 17 Southern California Review of Law & Social Justice 855 (Summer 2008) And they had hoped to find a home, and they found only hatred. -John Steinbeck The City of Escondido sits about eighteen miles east of the California coast, just north of the heart of San Diego County. Once the home of ranches, farms and citrus groves, Escondido now has all the benefits of city living. In the words of City promoters, Escondido... 2008
Jo Carrillo IN TRANSLATION FOR THE LATINO MARKET TODAY: ACKNOWLEDGING THE RIGHTS OF CONSUMERS IN A MULTILINGUAL HOUSING MARKET 11 Harvard Latino Law Review 1 (Spring 2008) The Federal Truth in Lending Act (TILA) requires lenders to disclose the full cost of credit to borrowers. In the case of linguistic minorities, California law goes one step further. Under California Civil Code section 1632, lenders are required to provide unexecuted translations of loan documents to consumers whose language of proficiency is... 2008
Angela Gilmore INCORPORATING ISSUES OF SEXUAL ORIENTATION INTO A FIRST YEAR PROPERTY LAW COURSE: RELEVANCE AND RESPONSIBILITY 32 Nova Law Review 595 (Summer, 2008) I. Introduction. 595 II. Intersection of Property Law and Sexual Orientation. 598 A. The Law of Leaseholds. 599 B. Concurrent Ownership Interests. 600 C. Land Use Controls. 601 III. Preparation for Including Sexual Orientation Issues in the Property Law Course. 603 A. Considerations. 603 B. One Professor's Approach. 606 IV. Importance of Including... 2008
Michael J. Madison INTELLECTUAL PROPERTY AND AMERICANA, OR WHY IP GETS THE BLUES 18 Fordham Intellectual Property, Media and Entertainment Law Journal 677 (Spring 2008) This Essay examines briefly some cultural models of the twentieth century for insights applicable to business models of the twenty-first century. It does so in light of an early proposition of the law and economics of intellectual property law. Intellectual property lawyers got fascinated by business models around the time that two emerging... 2008
K.J. Greene INTELLECTUAL PROPERTY AT THE INTERSECTION OF RACE AND GENDER: LADY SINGS THE BLUES 16 American University Journal of Gender, Social Policy and the Law 365 (2008) I. The Emergence of Race in Legal Analysis. 367 A. Intellectual Property, Innovation and African-Americans. 368 B. Blacks and Copyright Law. 370 C. Blacks and Trademark Law. 374 II. The Emerging Feminist Critique of Intellecual Property. 378 A. African-American Women and IP. 380 III. Traditional Knowledge/Indigenous Peoples and Intellectual... 2008
Rigel C. Oliveri IS ACQUISITION EVERYTHING? PROTECTING THE RIGHTS OF OCCUPANTS UNDER THE FAIR HOUSING ACT 43 Harvard Civil Rights-Civil Liberties Law Review 1 (Winter, 2008) By now, most people are aware that the nation's fair housing laws prohibit discriminatory refusals to sell or rent housing to a person because of race or another protected characteristic. Most would probably also assume that the law prohibits discriminatory treatment or harassment of individuals once they move into such housing. Indeed, the federal... 2008
Katherine Brinson JUSTIFYING DISCRIMINATION: HOW THE NINTH CIRCUIT CIRCUMVENTED THE INTENT OF THE FAIR HOUSING ACT 38 Golden Gate University Law Review 489 (Spring 2008) Imagine a facility that provides shelter and care for people who are homeless, indigent or otherwise down on their luck. The owners and staff of the organization that manages this facility want to ensure that they are providing, as much as is possible, the necessary services for a community's needy population, but doing so has become increasingly... 2008
Kaitlin A. Bridges JUSTIFYING FACIAL DISCRIMINATION BY GOVERNMENT DEFENDANTS UNDER THE FAIR HOUSING ACT: WHICH STANDARD TO APPLY? 73 Missouri Law Review 177 (Winter, 2008) Since its inception, the Fair Housing Act has played a vital role in the exposure and reduction of housing discrimination. Victims of housing discrimination can use several theories to establish a prima facie case under the Fair Housing Act, one of which is the facial discrimination theory, which applies when a law or policy discriminates against... 2008
  KEEPING CURRENT-PROPERTY 22-FEB Probate and Property 15 (January/February, 2008) Keeping CurrentProperty offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. COMMUNITY ASSOCIATIONS: Homeowners association may limit residents' right to freedom of expression through reasonable time, place, and manner restrictions. Dissident... 2008
Margery Austin Turner LIMITS ON HOUSING AND NEIGHBORHOOD CHOICE: DISCRIMINATION AND SEGREGATION IN U.S. HOUSING MARKETS 41 Indiana Law Review 797 (2008) When Congress passed the Fair Housing Act in 1968, America's neighborhoods were starkly segregated by race, and black families were routinely-and explicitly-denied homes and apartments in white neighborhoods. In the four decades since, we have made significant progress in combating housing discrimination, and the racial landscape of our cities and... 2008
Florence Wagman Roisman LIVING TOGETHER: ENDING RACIAL DISCRIMINATION AND SEGREGATION IN HOUSING 41 Indiana Law Review 507 (2008) There is no such thing as the State And no one exists alone; Hunger allows no choice To the citizen or the police; We must love one another or die. W.H. Auden This year marks the fortieth anniversary of three major events with respect to residential racial discrimination and segregation in the United States: the enactment of the comprehensive... 2008
J.C. O'Brien LOOSE STANDARDS, TIGHT LIPS: WHY EASY ACCESS TO CLIENT DATA CAN UNDERMINE HOMELESS MANAGEMENT INFORMATION SYSTEMS 35 Fordham Urban Law Journal 673 (April, 2008) Although homelessness emerged as a widespread and widely recognized social problem nearly three decades ago, researchers, politicians, and homeless service providers nationwide still lack a reliable source of data on the size and demographics of the homeless population. The Department of Housing and Urban Development (HUD) has undertaken the... 2008
Malcolm A. Meyer LOUISIANA HEIRSHIP PROPERTY 55 Louisiana Bar Journal 328 (February/March, 2008) Five hundred years ago, Hernando de Soto (the explorer) trekked through what would later be the southeastern United States seeking to uncover secrets of wealth. He never found what he sought. In the last 20 years, Hernando de Soto (the Peruvian economist) traveled through the world seeking to discover the secrets of capital growth. Prof. de Soto... 2008
Jason Gubi LOW INCOME HOUSING: HOPE VI AND THE SOCIAL BUY PROGRAM 10 Thomas M. Cooley Journal of Practical and Clinical Law 417 (2008) Shelter ranks among the most basic of Maslow's hierarchy of needs. Therefore, it is universally recognized that one needs some sort of housing to survive. In industrialized nations, the cost of housing can be prohibitive, especially, for the unemployed or underemployed. In Part Two of this article, I will compare a housing assistance program in the... 2008
Shirley Darby Howell MAKING WOMEN HOMELESS AND KEEPING THEM HOMELESS DOMESTIC VIOLENCE, FLAWED INTERPRETATIONS OF 42 U.S.C. §1437D(L)(6), SEXUAL HARASSMENT IN PUBLIC HOUSING, AND MUNICIPAL VIOLATIONS OF THE EIGHTH AMENDMENT 65 Guild Practitioner 77 (Summer, 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
Maneesh Sharma MONEY AS PROPERTY: THE EFFECTS OF DOCTRINAL MISALLOCATION ON CAMPAIGN FINANCE REFORM 41 University of Michigan Journal of Law Reform 715 (Spring 2008) By applying First Amendment jurisprudence to campaign finance measures, this Note argues that the Supreme Court has misallocated campaign finance within its doctrinal scheme. This doctrinal misallocation has stymied the ability of legislatures to enact effective reforms to reduce the role of money in politics. This Note argues that money in the... 2008
Daphna Lewinsohn-Zamir MORE IS NOT ALWAYS BETTER THAN LESS: AN EXPLORATION IN PROPERTY LAW 92 Minnesota Law Review 634 (February, 2008) I. The Argument for Wide Ownership Discretion and Its Puzzling Refutations. 639 A. The Basic Argument, Its Appeal, and Its Underlying Premise. 639 B. Rejections of the More Is Better than Less Argument. 643 1. Nontransfer Versus Conditioned Transfer. 643 a. Donative Transfers. 644 b. Restraints on Alienation by Tenant. 648 2. Use Versus Nonuse.... 2008
Eric Weslander MURKY "DEVELOPMENT": HOW THE NINTH CIRCUIT EXPOSED AMBIGUITY WITHIN THE COMMUNICATIONS DECENCY ACT, AND WHY INTERNET PUBLISHERS SHOULD WORRY [FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY V. ROOMMATES.COM, LLC, 521 F.3D 1157 (9TH CIR. 2008)] 48 Washburn Law Journal 267 (Fall 2008) In January 2008, an anonymous message posted on the website JuicyCampus.com asked other users of the site to name the sluttiest girl in the University of California-Irvine sorority system. The posting generated a swift and steady stream of feedback. Many posts included the full names of female students and provided detailed descriptions of each... 2008
Todd Donnelly Batson NO VACANCY: WHY IMMIGRANT HOUSING ORDINANCES VIOLATE FHA AND SECTION 1981 74 Brooklyn Law Review 131 (Fall, 2008) Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! The United States has always faced immigration challenges. After the Pilgrims established the first U.S. colony in New England, an ensuing... 2008
Leonard S. Rubinowitz , Kathryn Shelton NON-VIOLENT DIRECT ACTION AND THE LEGISLATIVE PROCESS: THE CHICAGO FREEDOM MOVEMENT AND THE FEDERAL FAIR HOUSING ACT 41 Indiana Law Review 663 (2008) If out of [the Chicago Freedom Movement] came a fair housing bill, just as we got a public accommodations bill out of Birmingham and a right to vote out of Selma, the Chicago movement was a success, and a documented success. Jesse Jackson Fresh from the success of the 1965 Selma, Alabama, voting rights campaign and the passage of the landmark... 2008
Steven Plitt , Daniel Maldonado PROHIBITING DE FACTO INSURANCE REDLINING: WILL HURRICANE KATRINA DRAW A DISCRIMINATORY REDLINE IN THE GULF COAST SANDS PROHIBITING ACCESS TO HOME OWNERSHIP? 14 Washington and Lee Journal of Civil Rights and Social Justice 199 (Spring, 2008) C1-3Table of Contents I. An Overview of Federal Regulatory Authority Prohibiting Discriminatory Redlining. 205 A. History of Civil Rights Legislation Relevant to Redlining. 205 B. Federal Regulation of Mortgage Redlining. 209 1. The Fair Housing Act and Redlining. 209 2. Other Federal Acts Prohibiting Redlining. 213 A. Federal Regulation of... 2008
Keith H. Hirokawa PROPERTY PIECES IN COMPENSATION STATUTES: LAW'S EULOGY FOROREGON'S MEASURE 37 38 Environmental Law 1111 (Fall 2008) Compensation statutes (such as Oregon's Measure 37) attempt to elevate the importance of private property by insulating property value from any negative effects that land use regulations may have, typically by awarding compensation where property owners are required to suffer limitations in theirland use choices. Although the efforts of... 2008
Ezra Rosser PROTECTING NON-INDIANS FROM HARM? THE PROPERTY CONSEQUENCES OF INDIANS 87 Oregon Law Review 175 (2008) For the term following the confirmation of Justice Alito and Chief Justice Roberts, the Supreme Court did not grant certiorari on any Indian law case for perhaps the first time since 1960. With the Native American Rights Fund and other pan-Indian organizations actively pursuing an avoid-the-Court strategy, necessitated by the Court's hostility... 2008
David E. Ewan, Mark Ladd RACE TO THE (VIRTUAL) COURTHOUSE: HOW STANDARDS DRIVE ELECTRONIC RECORDING OF REAL PROPERTY DOCUMENTS 22-FEB Probate and Property 8 (January/February, 2008) In 2006, $2.51 trillion in new mortgage loans were originated in the United States. Almost all of these mortgages were recorded in the land records of one of approximately 3,600 counties, cities, or other municipalities, using a land records system that dates back to the 17th century, which largely relies on accepting paper documents for... 2008
Shubha Ghosh RACE-SPECIFIC PATENTS, COMMERCIALIZATION, AND INTELLECTUAL PROPERTY POLICY 56 Buffalo Law Review 409 (May, 2008) Patent reform is at the forefront of current academic and policy debates. Bad press on the quality of issued patents, litigation disruptive to competition and business, and the perceived impact of a seemingly broken system on innovation have each--and in combination--driven the movement to fix the patent system. This Article addresses the... 2008
Kristen A. Carpenter REAL PROPERTY AND PEOPLEHOOD 27 Stanford Environmental Law Journal 313 (June, 2008) This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that... 2008
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