| Author | Title | Citation | Summary | Year |
| Frank S. Alexander |
THE HOUSING OF AMERICA'S FAMILIES: CONTROL, EXCLUSION, AND PRIVILEGE |
54 Emory Law Journal 1231 (Summer 2005) |
In recent years, and especially in the latest round of state, local, and national political campaigns, three topics seem to be at the top of our cultural agenda: families, housing, and religion. Families are a consistent topic of conversation: the advancement of family values, the preservation of the autonomy and sanctity of the family, and the... |
2005 |
| Jim Fuerst, Jane Sims |
THE MISGUIDED EFFORT TO "REFORM" PUBLIC HOUSING IN AMERICA |
14-SUM Journal of Affordable Housing & Community Development Law 285 (Summer, 2005) |
Many have unfairly put the label failure on America's public housing program without understanding its past or its possibilities. Cities across the country, from Baltimore to San Francisco and from Chicago to New Orleans, are tearing down public housing at an astonishing rate. Yet a look at the successes of places like New York City, London, and... |
2005 |
| Rosanne Altshuler , Harry Grubert |
THE THREE PARTIES IN THE RACE TO THE BOTTOM: HOST GOVERNMENTS, HOME GOVERNMENTS AND MULTINATIONAL COMPANIES |
7 Florida Tax Review 153 (2005) |
Most studies of tax competition and the race to the bottom focus on potential host countries competing for mobile capital, neglecting the role of corporate tax planning and of home governments that facilitate this planning. This neglect in part reflects the narrow view frequently taken of the policy instruments that countries have available in tax... |
2005 |
| Tim Grasser |
TITLE V OF THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT: LOCAL COMMUNITIES OFTEN BLINDED BY THE RIGHT |
83 Washington University Law Quarterly 1905 (2005) |
Over the course of a year, approximately 3.5 million people, 1.35 million of them children, are likely to experience homelessness across the United States. After staying on the sidelines for years, the federal government finally took legislative action and laid the foundation for eradicating and ameliorating the effects of the crisis of... |
2005 |
| John A. Lynch, Jr. |
TRAVEL EXPENSE DEDUCTIONS UNDER I.R.C. ยง 162(A)(2)--WHAT PART OF "HOME" DON'T YOU UNDERSTAND? |
57 Baylor Law Review 705 (Fall 2005) |
I. Introduction--The Problem. 706 II. Development of the Tax Home Concept. 711 A. The 1921 Statute. 711 B. Early Judicial Construction of the Travel Expense Deduction Provision. 713 C. The Supreme Court Steps Around the Fray. 726 D. IRS Rulings and Lower Court Decisions Embracing the Tax Home Doctrine. 742 III. Applications of the Tax Home... |
2005 |
| Henry Korman |
UNDERWRITING FOR FAIR HOUSING? ACHIEVING CIVIL RIGHTS GOALS IN AFFORDABLE HOUSING PROGRAMS |
14-SUM Journal of Affordable Housing & Community Development Law 292 (Summer, 2005) |
For more than thirty-five years, all public housing development in Chicago has been subject to the oversight of a federal district court in order to enforce a consent decree designed to reverse intentionally perpetuated racial segregation in public housing authority (PHA) tenant assignment and siting policies. In decisions spanning 2003, 2004,... |
2005 |
| Angela Onwuachi-Willig |
USING THE MASTER'S "TOOL" TO DISMANTLE HIS HOUSE: WHY JUSTICE CLARENCE THOMAS MAKES THE CASE FOR AFFIRMATIVE ACTION |
47 Arizona Law Review 113 (Spring 2005) |
Justice Clarence Thomas, the second black man to sit on the Supreme Court, is famous, or rather infamous, for his opposition to affirmative action. His strongest critics condemn him for attacking the very preferences that helped him reach the Supreme Court. None, however, have considered how Thomas's life itself may be used as a justification for... |
2005 |
| Eric K. Yamamoto |
WHITE (HOUSE) LIES: WHY THE PUBLIC MUST COMPEL THE COURTS TO HOLD THE PRESIDENT ACCOUNTABLE FOR NATIONAL SECURITY ABUSES |
68-SPG Law and Contemporary Problems 285 (Spring 2005) |
History teaches us how easily the spectre of a threat to national security may be used to justify a wide variety of repressive government actions. A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise... |
2005 |
| Dana V. Kaplan |
WOMEN OF THE WEST: THE EVOLUTION OF MARITAL PROPERTY LAWS IN THE SOUTHWESTERN UNITED STATES AND THEIR EFFECT ON MEXICAN-AMERICAN WOMEN |
26 Women's Rights Law Reporter 139 (Spring-Summer 2005) |
Colonialism and conquest are inevitably tied to clashes of culture and law. It was no different when the United States defeated Mexico in 1848 and captured what has become the American Southwest. The role women played in this clash of societies must be considered in the context of the swiftly changing legal status of women in the eastern United... |
2005 |
| James Boyle |
A MANIFESTO ON WIPO AND THE FUTURE OF INTELLECTUAL PROPERTY |
2004 Duke Law & Technology Review 9 (September 8, 2004) |
In this Manifesto, Professor Boyle claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them. Intellectual property laws are the legal sinews of the information age; they affect everything from the availability and price of AIDS drugs, to the patterns of... |
2004 |
| Beverly Balos |
A MAN'S HOME IS HIS CASTLE: HOW THE LAW SHELTERS DOMESTIC VIOLENCE AND SEXUAL HARASSMENT |
23 Saint Louis University Public Law Review 77 (2004) |
Violence against women is a pervasive problem in the United States. Historically, however, society did not take violence against women seriously. The law trivialized the abusive behaviors that led to harm against women. For example, until relatively recently there was not a legally recognized term for what is now labeled sexual harassment. It is... |
2004 |
| Laurie R. Kaufman |
A MATTER OF ENFORCEMENT: THE FIFTH CIRCUIT CONSIDERS THE ISSUANCE OF PUNITIVE DAMAGES UNDER THE FAIR HOUSING ACT IN LINCOLN V. CASE |
78 Tulane Law Review 1377 (March, 2004) |
Lisa Lincoln and Don Weaver, a biracial couple, sought to rent a new apartment in New Orleans, Louisiana, in November 1999. The couple responded to a newspaper advertisement in the New Orleans Times-Picayune. Walter Case, the owner and landlord of a fourplex, had placed the advertisement and invited potential tenants to see the property on November... |
2004 |
| Amy Leigh Wilson |
A UNIFYING ANTHEM OR PATH TO DEGRADATION?: THE JAZZ INFLUENCE IN AMERICAN PROPERTY LAW |
55 Alabama Law Review 425 (Winter, 2004) |
Jazz in early twentieth century America provides a crystallized image of the turmoil, rebellion, search for identity, and countervailing efforts to maintain traditional values that defined this period. In studying the origins and spread of jazz music, one comes to understand the African American fight for equality, the search of American youth for... |
2004 |
| John J. Delaney, AICP |
ADDRESSING THE WORKFORCE HOUSING CRISIS IN MARYLAND AND THROUGHOUT THE NATION: FUTURE HOUSING SUPPLY AND DEMAND ANALYSIS FOR THE GREATER WASHINGTON AREA |
33 University of Baltimore Law Review 153 (Spring 2004) |
I. Introduction. 155 II. Maryland's Affordable Housing Crisis. 157 III. The George Mason University Analysis. 160 IV. Maryland's Housing Crisis Is Statewide. 162 A. Anne Arundel County. 163 B. Baltimore County. 163 C. Carroll County. 163 D. Cecil and Talbot Counties. 164 E. Frederick County. 164 F. Harford County. 165 G. Howard County. 165 H.... |
2004 |
| Joseph C. Fetterman |
AFFIRMATIVE ACTION HIRING OBLIGATIONS: IS IT TIME FOR A RACE-NEUTRAL POLICY OR A RACE TO THE COURT HOUSE? |
33 Public Contract Law Journal 781 (Summer, 2004) |
I. L2-5,T5Introduction 782 II. L2-5,T5Discussion of Adarand 785 A. L3-5,T5Facts 785 B. L3-5,T5Supreme Court's Ruling 786 III. L2-5,T5Extension of Adarand in Lower Federal Courts to All Government Racially Based Programs and Decisions 787 A. L3-5,T5Significant Cases Post-Adarand 787 1. L4-5,T5Higher Education 787. 2. L4-5,T5Military Personnel 789.... |
2004 |
| Sagit Leviner |
AFFORDABLE HOUSING AND THE ROLE OF THE LOW INCOME HOUSING TAX CREDIT PROGRAM: A CONTEMPORARY ASSESSMENT |
57 Tax Lawyer 869 (Summer, 2004) |
A home is certainly more than a shelter. A home is the nexus of an individual and his family's life. It is the haven from which one goes forth to seek his fortune and to which he retreats from daily strife. Good housing is not a guarantor of good citizenship, success in life, or economic achievement. Yet good housing has valuable social and... |
2004 |
| |
AFFORDABLE HOUSING MAY FULFILL THE PROMISE OF BROWN v. BOARD OF EDUCATION |
13-SUM Journal of Affordable Housing & Community Development Law 427 (Summer, 2004) |
Half a century after the landmark Brown v. Board of Education of Topeka, the problem of segregation in many public school systems has become even more intractable than it was thirty years ago. That's according to Wade Henderson, keynote speaker at the Forum's 13th Annual Conference on Housing and Community Development Law, held May 20-21, 2004, in... |
2004 |
| Lauren Breen, Louise Howells, Susan R. Jones, Deborah S. Kenn |
AN ANNOTATED BIBLIOGRAPHY OF AFFORDABLE HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT LAW |
13-SPG Journal of Affordable Housing & Community Development Law 334 (Spring, 2004) |
In 1998, Professors Susan Jones and Deborah Kenn co-authored the first annotated bibliography for the Journal of Affordable Housing and Community Development Law. All four authors of this new bibliography are legal educators and have been recent co-chairs of the Legal Educators' Practice Division of the ABA Forum on Affordable Housing and Community... |
2004 |
| Lee Harris |
'ASSESSING' DISCRIMINATION: THE INFLUENCE OF RACE IN RESIDENTIAL PROPERTY TAX ASSESSMENTS |
20 Journal of Land Use & Environmental Law 1 (Fall, 2004) |
C1-3Table of Contents I. Introduction. 2 II. Methodology. 5 A. Method. 6 B. Data Source. 10 III. Findings. 12 A. General Evidence of Racial Disparity in Property Tax Assessments. 13 B. Residential Type. 17 C. Tenure. 20 D. Sales Price. 23 E. Assessments. 28 F. Regression Analysis. 30 G. Potential Criticisms. 32 IV. Probable Explanations. 33 A.... |
2004 |
| Barbara L. Bernier |
ASSIMILATION OR LIBERATION: POST-MODERN AMERICAN WOMEN - SPEECH AND PROPERTY LAW |
9 Roger Williams University Law Review 521 (Spring 2004) |
what men dub tattle gossip women's talk is really revolutionary activity and would be taken seriously by men (and many women too) if men were doing the talking women's talk is women together probing the privatized pain isolation exclusion trivialization if situations were reversed men would react with identical symptoms to what women feel in their... |
2004 |
| Wade Henderson, Judith A. Browne |
BUILDING HOUSING AND COMMUNITIES FIFTY YEARS AFTER BROWN v. BOARD OF EDUCATION |
13-SUM Journal of Affordable Housing & Community Development Law 437 (Summer, 2004) |
Recently I was in Topeka, Kansas, to mark the fiftieth anniversary of Brown v. Board of Education. It was a day for this country to celebrate, reflect, and recommit itself to the promise of Brown, a decision that was clearly a watershed event in American history. For decades prior to the U.S. Supreme Court's decision in that case, this country had... |
2004 |
| Michael A. Carrier |
CABINING INTELLECTUAL PROPERTY THROUGH A PROPERTY PARADIGM |
54 Duke Law Journal 1 (October, 2004) |
One of the most revolutionary legal changes in the past generation has been the propertization of intellectual property (IP). The duration and scope of rights expand without limit, and courts and companies treat IP as absolute property, bereft of any restraints. But astonishingly, scholars have not yet recognized that propertization also can lead... |
2004 |
| Tim Iglesias |
CLARIFYING THE FEDERAL FAIR HOUSING ACT'S EXEMPTION FOR REASONABLE OCCUPANCY RESTRICTIONS |
31 Fordham Urban Law Journal 1211 (October, 2004) |
This article argues that a deceptively simple exemption to the 1988 Fair Housing Act Amendments (FHAA) for reasonable governmental occupancy standards has been misinterpreted by numerous courts, particularly by the Sixth Circuit in Affordable Housing Advocates v. City of Richmond Heights. This misinterpretation undercuts the protection from... |
2004 |
| Thomas A. Brown |
DEMOCRATIZING THE AMERICAN DREAM: THE ROLE OF A REGIONAL HOUSING LEGISLATURE IN THE PRODUCTION OF AFFORDABLE HOUSING |
37 University of Michigan Journal of Law Reform 599 (Winter 2004) |
Economic, ethnic and racial residential segregation are ubiquitous across United States metropolitan regions. As a result, the majority of affordable housing is located in central cities or inner-ring suburbs, generally in areas of highly concentrated poverty. Outer suburbs are often exempt from providing significant housing for the economically... |
2004 |
| Jo Anne P. Stubblefield |
DRAFTING RECREATIONAL COVENANTS FOR CLUB COMMUNITIES |
20 No. 2 Practical Real Estate Lawyer 7 (March 1, 2004) |
There are a number of critical issues to consider before establishing a bundling arrangement, including: What are the developer's goals and exit strategy? Does bundling makes sense in the target market? What is the best mechanism for creating the membership obligation? What are the rights and obligations of members? Failure to give adequate... |
2004 |
| |
ENFORCING THE PUBLIC FORUM DOCTRINE ON PRIVATE PROPERTY: FIRST UNITARIAN CHURCH OF SALT LAKE CITY V. SALT LAKE CITY CORPORATION |
41 San Diego Law Review 447 (February-March 2004) |
I. Introduction. 448 II. The Controversy. 449 III. The District Court's Ruling. 451 A. The Public Forum Claim. 451 B. The Establishment Clause Claim. 453 C. The Equal Protection Claim. 455 D. The Ruling. 456 IV. The Tenth Circuit's Reversal. 456 V. The Ramifications of the Tenth Circuit's Ruling. 457 A. Easements as Public Fora. 457 B. Types of... |
2004 |
| Kristin Henning |
ERODING CONFIDENTIALITY IN DELINQUENCY PROCEEDINGS: SHOULD SCHOOLS AND PUBLIC HOUSING AUTHORITIES BE NOTIFIED? |
79 New York University Law Review 520 (May, 2004) |
While scholars have engaged in considerable debate about the continued viability of confidentiality in delinquency proceedings, much of that debate has focused on the media's First Amendment right to access those proceedings. Now, with crime prevention at the forefront of many political agendas, policymakers are reframing the confidentiality debate... |
2004 |
| Laura J. Bach |
FOR GOD OR GRADES? STATES IMPOSING FEWER REQUIREMENTS ON RELIGIOUS HOME SCHOOLERS AND THE RELIGION CLAUSES OF THE FIRST AMENDMENT |
38 Valparaiso University Law Review 1337 (Summer, 2004) |
The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high... |
2004 |
| Robert G. Schwemm, Michael Allen |
FOR THE REST OF THEIR LIVES: SENIORS AND THE FAIR HOUSING ACT |
90 Iowa Law Review 121 (October, 2004) |
Introduction. 124 I. The Growing Senior Population and Their Housing Options. 126 A. Demographics of America's Senior Population. 126 1. The Current Senior Population and the Baby Boom Projections. 126 2. The Senior Population and FHA-Relevant Divisions. 127 B. Housing Choices for Older Persons. 131 1. Distinguishing Characteristics of Older... |
2004 |
| Brian R. Rosenau |
GIMME SHELTER : DOES THE FAIR HOUSING AMENDMENTS ACT OF 1988 REQUIRE ACCOMMODATIONS FOR THE FINANCIAL CIRCUMSTANCES OF THE DISABLED? |
46 William and Mary Law Review 787 (November, 2004) |
In 1968, Congress enacted what is popularly called the Fair Housing Act as title VIII of the Civil Rights Act of 1968. The purpose of this portion of the Civil Rights Act was to end discriminatory housing practices across the United States. It undertook this endeavor by making it illegal to discriminate, in housing contexts, on the basis of race... |
2004 |