| Author | Title | Citation | Summary | Year |
| Theresa Keeley |
AN IMPLIED WARRANTY OF FREEDOM FROM SEXUAL HARASSMENT: THE SOLUTION FOR HARASSED TENANTS WHERE THE FAIR HOUSING ACT HAS FAILED |
38 University of Michigan Journal of Law Reform 397 (Winter 2005) |
Although sexual harassment in the workplace is recognized as a problem, sexual harassment in housing has largely been ignored. When confronting sexual harassment in housing, courts have borrowed standards for sexual harassment in the workplace. Criticism of this practice exists; however, this Article examines the real source of the problem:... |
2005 |
| Erik B. Bluemel , Perry Chen , Cary Hirschstein |
ASSESSING THE IMPACTS OF NEW YORK CITY'S LEAD PAINT LEGISLATION (LOCAL LAW 1 OF 2004) ON THE HOUSING MARKET |
13 New York University Environmental Law Journal 197 (2005) |
I. Introduction. 199 II. Lead Poisoning in New York City. 204 A. Historical Incidence and Trends. 204 B. Demographic Analysis. 206 C. Spatial Analysis: Housing Age, Type, and Quality. 206 III. Lead Poisoning Legislation Affecting New York City Affordable Housing Developers, Owners, and Managers. 214 A. Applicable Federal Legislation. 214 B.... |
2005 |
| Mitchell F. Crusto |
BLACKNESS AS PROPERTY: SEX, RACE, STATUS, AND WEALTH |
1 Stanford Journal of Civil Rights & Civil Liberties 51 (April, 2005) |
Using Critical Race Theory and legal history, this Article searches the roots of Justice Sandra Day O'Connor's rationale in Grutter v. Bollinger. It critically views Grutter as an anti-affirmative action case, contrary to popular belief, and uses Professor's Derrick Bell's interest-convergence principle to explain the law's regulation of... |
2005 |
| Carol Necole Brown |
CASTING LOTS: THE ILLUSION OF JUSTICE AND ACCOUNTABILITY IN PROPERTY ALLOCATION |
53 Buffalo Law Review 65 (Winter 2005) |
I. Introduction. 66 II. An Early Case of Casting Lots: A Retrospective on The Antelope Case. 74 III. An Analysis of Casting Lots and The Antelope Case. 88 A. Understanding First- and Second-Order Decisions. 91 B. Understanding The Antelope as Impacted by First- and Second-Order Decisions. 95 IV. Achieving Distributive Justice. 99 A. Distributive... |
2005 |
| A. Mechele Dickerson |
CAUGHT IN THE TRAP: PRICING RACIAL HOUSING PREFERENCES |
103 Michigan Law Review 1273 (May, 2005) |
The Two-Income Trap: Why Middle-Class Mothers & Fathers Are Going Broke (With Surprising Solutions That Will Change Our Children's Futures). By Elizabeth Warren & Amelia Warren Tyagi. New York: Basic Books. 2004. Pp. xv, 255. $26.00. In The Two-Income Trap, Harvard Law School Professor Elizabeth Warren and business consultant Amelia Warren Tyagi... |
2005 |
| Paul Boudreaux |
EMINENT DOMAIN, PROPERTY RIGHTS, AND THE SOLUTION OF REPRESENTATION REINFORCEMENT |
83 Denver University Law Review 1 (2005) |
Courts at both the federal and state level are busy remaking the law of eminent domain. Property rights advocates argue that courts should scrutinize more closely government's ability to take property with plans to transfer it to private developers. But asking courts to second-guess the wisdom of governmental policy decisions cannot be a workable... |
2005 |
| Martha Marie Eastman |
ENSURE JUSTICE IN NURSING HOME CASES |
41-OCT Trial 62 (October, 2005) |
Cases of nursing home abuse abound, and juries often hold these facilities and their parent corporations accountable. Earlier this year, a North Carolina jury ordered a nursing home to pay compensatory damages for the death of an Alzheimer's patient who had been trapped in a freezer. In 2004, a Mississippi jury told a nursing home to pay... |
2005 |
| Stephanie Edelstein |
FAIR HOUSING PROTECTIONS FOR FRAIL SENIORS |
38-AUG Maryland Bar Journal 12 (July/August, 2005) |
James Lee, 68, lives on the first floor of an older garden apartment. He broke his hip recently and now spends much of his time in a wheelchair, which he is having difficulty maneuvering around the apartment. Mr. Lee hears from a friend that the landlord is supposed to modify the apartment to make it accessible, but when he inquires, his landlord... |
2005 |
| Eamonn K. Bakewell |
FORECLOSURE OF A DREAM: THE IMPACT OF THE COUNCIL ON AFFORDABLE HOUSING'S NEW REGULATIONS ON THE CONSTITUTIONAL DUTY TO PROVIDE AFFORDABLE HOUSING IN NEW JERSEY |
2 Rutgers Journal of Law & Urban Policy 310 (2005) |
Zoning laws can be used to unjustly restrict the poor from moving into adequate housing surrounded by adequate space. This note considers the tension between the constitutional duty in New Jersey requiring municipalities to provide low income housing and the means actually used by those municipalities to provide such housing. The New Jersey Supreme... |
2005 |
| Mayra Gómez, Bret Thiele |
HOUSING RIGHTS ARE HUMAN RIGHTS |
32-SUM Human Rights 2 (Summer, 2005) |
The wealthiest country in the world--the United States of America--is home to millions of people who lack adequate housing. Beyond the epidemic of homelessness, which affects an estimated 3.5 million Americans, some 1.35 million of whom are children, millions more live in poor housing conditions that often rival those found in developing countries.... |
2005 |
| Dr. Padraic Kenna |
HOUSING RIGHTS-THE NEW BENCHMARKS FOR HOUSING POLICY IN EUROPE? |
37 Urban Lawyer 87 (Winter, 2005) |
Rights to housing are regularly proposed as the solution to poor housing and homelessness by advocates and campaigning organizations. This approach is viewed as having the critical international acclaim and legal clarity to cut through the Gordian knots of political wrangling, resource deficiencies, programmatic and policy conflicts, and... |
2005 |
| Alfred L. Brophy |
INTEGRATING SPACES: NEW PERSPECTIVES ON RACE IN THE PROPERTY CURRICULUM |
55 Journal of Legal Education 319 (September, 2005) |
Many property classes begin with a statement from William Blackstone about the seemingly absolute rights associated with property: This is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man exercises over the external things of the... |
2005 |
| Kitty Rogers |
INTEGRATING THE CITY OF THE DEAD: THE INTEGRATION OF CEMETERIES AND THE EVOLUTION OF PROPERTY LAW, 1900-1969 |
56 Alabama Law Review 1153 (Summer, 2005) |
On July 3, 1969, an African-American soldier named Bill Terry, Jr., died in Vietnam. Like generations of African-American soldiers before him, stretching back to the American Revolution, Terry died fighting for his country. Because of his honorable Army record, Terry was given the traditional military escort back to his home in Birmingham, Alabama,... |
2005 |
| Carla Dorsey |
IT TAKES A VILLAGE: WHY COMMUNITY ORGANIZING IS MORE EFFECTIVE THAN LITIGATION ALONE AT ENDING DISCRIMINATORY HOUSING CODE ENFORCEMENT |
12 Georgetown Journal on Poverty Law and Policy 437 (Fall, 2005) |
Gentrification: though it is difficult to define this much-maligned and much-celebrated process of neighborhood renewal, it almost always involves the displacement of earlier, usually poorer, residents. To be fair, gentrification certainly has its benefits, particularly in cities such as Detroit, Michigan, where little resident displacement has... |
2005 |
| Florence Wagman Roisman |
KEEPING THE PROMISE: ENDING RACIAL DISCRIMINATION AND SEGREGATION IN FEDERALLY FINANCED HOUSING |
48 Howard Law Journal 913 (Spring 2005) |
This Article considers a paradox: although Title VI of the 1964 Civil Rights Act and related legal standards prohibit racial discrimination in federally assisted housing programs, pervasive racial discrimination and segregation still characterize those programs in 2005. Part I shows the establishment of strong legal standards, and Part II... |
2005 |
| Arthur M. Wolfson |
LOST IN THE RUBBLE: HOW THE DESTRUCTION OF PUBLIC HOUSING FAILS TO ACCOUNT FOR THE LOSS OF COMMUNITY |
9 Chapman Law Review 51 (Fall, 2005) |
Verna Berryman left her home in Chicago's Cabrini-Green public housing complex in 1998. Her building was demolished as part of a celebrated plan to move the city's public housing residents to private housing. Armed with a voucher to cap her rent, Berryman and her son spent the next four years in four different apartments, encountering arson,... |
2005 |
| Robert C. Christopherson |
MISSING THE FOREST FOR THE TREES: THE ILLUSORY HALF-POLICY OF SENIOR CITIZEN PROPERTY TAX RELIEF |
13 Elder Law Journal 195 (2005) |
Senior citizen tax relief programs are often hailed by politicians as a solution to the economic woes faced by many elderly homeowners. But the reality behind the political spin suggests that these programs are imperfect in both their conception and execution. In this note, Mr. Christopherson examines the demand that has yielded these programs and... |
2005 |
| Florence Wagman Roisman |
NATIONAL INGRATITUDE: THE EGREGIOUS DEFICIENCIES OF THE UNITED STATES' HOUSING PROGRAMS FOR VETERANS AND THE "PUBLIC SCANDAL" OF VETERANS' HOMELESSNESS |
38 Indiana Law Review 103 (2005) |
The government should provide against the possibility that any [person] . . . who honorably wore the Federal uniform shall become the inmate of an almshouse, or dependent upon private charity. . . . [I]t would be a public scandal to do less for those whose valorous service preserved the government. I have the obligation as the commander in... |
2005 |
| Corinne A. Carey |
NO SECOND CHANCE: PEOPLE WITH CRIMINAL RECORDS DENIED ACCESS TO PUBLIC HOUSING |
36 University of Toledo Law Review 545 (Spring 2005) |
You deserve a chance, no matter what you did.... It's done and over with, it's in the past. I'm tryin' to do the right thing; I deserve a chance. Even if I was the worst criminal, I deserve a chance. Everybody deserves a chance. -- P.C., a forty-one-year-old African American mother denied housing because of a single arrest four years prior to her... |
2005 |
| Abraham Bell, Gideon Parchomovsky |
OF PROPERTY AND FEDERALISM |
115 Yale Law Journal 72 (October 1, 2005) |
ABSTRACT. This Essay proposes a mechanism for expanding competition in state property law, while sketching out the limitations necessary to protect third parties. The fact that property law is produced by the states creates a unique opportunity for experimentation with such property and property-related topics as same-sex marriages, community... |
2005 |
| Peter Judson Richards |
PROPERTY AND EPIKEIA: THEORY, LIFE AND PRACTICE IN THE WESTERN CHRISTIAN TRADITION |
82 University of Detroit Mercy Law Review 599 (Summer 2005) |
[E]very feature of modern disintegration is a flight [from the center of things] toward periphery. It is expressible, also, as a movement from unity to individualism. In proportion as man approaches the outer rim, he becomes lost in details, and the more he is preoccupied with details, the less he can understand them. Exploration of the sources of... |
2005 |
| Eduardo M. Peñalver |
PROPERTY AS ENTRANCE |
91 Virginia Law Review 1889 (December, 2005) |
Introduction. 1890 I. Property as Exit. 1895 A. Strong and Weak Exit. 1895 B. Freedom as the Absence of Coercion. 1896 C. The Individual as Self-Sufficient. 1898 D. Community as Voluntary. 1900 E. Doctrinal Influence of Property as Exit. 1902 1. The Right to Exclude. 1902 2. Takings Law. 1905 II. Two Critiques of Property as Exit. 1907 A. The... |
2005 |
| Alice M. Noble-Allgire |
PROPERTY SCHOLARS TAKE UP EMINENT DOMAIN |
19-APR Probate and Property 11 (March/April, 2005) |
In Poletown Neighborhood Council v. City of Detroit, 304 N.W.2d 455 (Mich. 1981), the Supreme Court of Michigan sparked a national debate on the breadth of the government's power to condemn private property for a public use. In an abrupt about-face, however, the court recently overruled Poletown, adopting a much more restrictive view of the... |
2005 |
| Philip Tegeler |
RACE AND HOUSING RIGHTS IN THE UNITED STATES: THE VIEW FROM BALTIMORE |
32-SUM Human Rights 4 (Summer, 2005) |
The debate over the right to housing in the United States remains inseparable from our conflicts over the role of race in shaping metropolitan areas. Almost forty years ago, in March 1968, the Kerner Commission identified the ghetto as a driving force in American racial inequality, separating low-income families of color from the mainstream of... |
2005 |
| Myron Orfield |
RACIAL INTEGRATION AND COMMUNITY REVITALIZATION: APPLYING THE FAIR HOUSING ACT TO THE LOW INCOME HOUSING TAX CREDIT |
58 Vanderbilt Law Review 1747 (November 1, 2005) |
I. Introduction. 1749 II. The Regional Problem of Segregation and Concentrated Poverty. 1754 A. Housing Discrimination and Concentrated Poverty. 1754 B. Resegregation and Racial Change. 1757 C. Harms of Residential Segregation and Concentrated Poverty. 1759 D. Benefits of Racial and Socioeconomic Integration. 1761 III. History and Interpretation of... |
2005 |
| Nicole F. Munro, Jean L. Noonan, R. Elizabeth Topoluk |
RECENT DEVELOPMENTS IN FAIR LENDING AND THE ECOA: A LOOK AT HOUSING FINANCE AND MOTOR VEHICLE DEALER PARTICIPATION |
60 Business Lawyer 627 (February, 2005) |
First enacted in 1974 to outlaw credit discrimination based on sex and marital status, the Equal Credit Opportunity Act (ECOA) has evolved into a complex statute and regulation imposing numerous responsibilities on creditors. At its heart, the ECOA is a civil rights statute. Primarily, it prohibits discrimination by creditors against credit... |
2005 |
| Professor Otto J. Hetzel |
REMEDIATION TECHNIQUES FOR RACIAL HOUSING DISCRIMINATION--AN INTRODUCTION TO THE SYMPOSIUM |
51 Wayne Law Review 1461 (Winter 2005) |
In March 2005, Wayne State University Law School sponsored a symposium on the topic of remediation efforts to ameliorate the effects of housing discrimination. A number of presentations were provided and several resulted in the papers included in this symposium issue. The symposium initially focused on four recent matters involving instances of... |
2005 |
| Will Parker |
STILL AFRAID OF "NEGRO DOMINATION?": WHY COUNTY HOME RULE LIMITATIONS IN THE ALABAMA CONSTITUTION OF 1901 ARE UNCONSTITUTIONAL |
57 Alabama Law Review 545 (Winter 2005) |
I. Constitutional Obstacles to Home Rule for Counties. 547 A. Dillon's Rule. 548 B. Provisions in the Alabama Constitution of 1901. 549 II. Equal Protection Clause Challenges to Facially Race-Neutral Statutes. 551 III. The Racial Aspect of Home Rule. 554 A. The 1875 Convention and Constitution. 554 B. The Interim Years, 1875-1901. 556 C. The 1901... |
2005 |
| Michael P. Seng |
THE FAIR HOUSING ACT AND RELIGIOUS FREEDOM |
11 Texas Journal on Civil Liberties & Civil Rights 1 (Fall 2005) |
Whenever a state or federal law touches upon the subject of religion there is the possibility of conflict with the First Amendment. The First Amendment to the United States Constitution prohibits the government from establishing religion and from interfering with the free exercise of religion. Both the Fair Housing Act and the 1996 Welfare Reform... |
2005 |
| Joseph M. Kolar , Jonathan D. Jerison |
THE HOME MORTGAGE DISCLOSURE ACT: ITS HISTORY, EVOLUTION, AND LIMITATIONS |
59 Consumer Finance Law Quarterly Report 189 (Fall, 2005) |
This article analyzes the history and effects of the Home Mortgage Disclosure Act (HMDA). It focuses on the general purposes of HMDA and the evolution and expansion of those purposes over time. Finally, it discusses the limitations of the HMDA data in determining whether discrimination has occurred. The history of HMDA since it was enacted in 1975... |
2005 |