Rachel D. Godsil, Sarah E. Waldeck HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY 98 Denver Law Review 523 (Spring, 2021) Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... 2021
Jennifer C. Nash HOME IS WHERE THE BIRTH IS: RACE, RISK, AND LABOR DURING COVID-19 32 Yale Journal of Law & Feminism 103 (2021) On April 28, 2020, Dr. W. Spencer McClelland--an obstetrician at New York City's Lenox Hill Hospital--published an editorial in The New York Times that announced, If you planned on delivering in a New York City hospital, don't change your plans. McClelland's plea was a response to an outpouring of news reports focused on pregnant people... 2021
Candace L. Castillo HOUSE BILL 3: AN IOU TEXAS PUBLIC SCHOOLS AND COMMUNITIES OF COLOR CANNOT AFFORD 23 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2021) Introduction. 58 I. History of Texas School Finance. 61 A. Edgewood ISD v. Kirby. 62 B. Morath v. Texas Taxpayer (Edgewood VII). 65 C. The Failings of Texas's School Finance System. 67 II. The Basic Mechanics of School Finance. 68 III. HB 3. 70 A. Inequitable Tax Compression. 71 B. Changes to the Recapture Program. 74 C. HB 3 Lacks a Sustainable... 2021
Maria Massimo HOUSING AS A RIGHT IN THE UNITED STATES: MITIGATING THE AFFORDABLE HOUSING CRISIS USING AN INTERNATIONAL HUMAN RIGHTS LAW APPROACH 62 Boston College Law Review 273 (January, 2021) Abstract: Throughout its history, the United States has perpetuated a double standard in regard to international human rights by urging other nations to protect and promote these rights, while simultaneously forgoing international human rights treaties in favor of its own Constitution and domestic human rights laws. Notably, the United States does... 2021
Cayla Keenan HOUSING LAW--NOT OVER THIS THRESHOLD: THE CRISIS OF CONTINUED HOUSING DISCRIMINATION AGAINST QUEER AMERICANS--SMITH v. AVANTI, 249 F. SUPP. 3D 1194 (D. COLO. 2017) 26 Suffolk Journal of Trial and Appellate Advocacy 157 (2020-2021) As of 2019, there are no federal laws that protect against housing discrimination for LGBTQIA+ (queer) Americans. Protections against discrimination on the basis of sex were added to the Fair Housing Act in 1974, however, there are still no federal legal protections that prevent housing discrimination against queer people. In many of these... 2021
Sophia A. Studer HOW JUDICIAL APPLICATION OF CDA § 230 AND FHA § 3604 HAVE CREATED SAFE HAVENS FOR ONLINE HOUSING DISCRIMINATION 28 Richmond Journal of Law and Technology 378 (Winter 2021) This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer... 2021
Stewart E. Sterk INCENTIVIZING FAIR HOUSING 101 Boston University Law Review 1607 (October, 2021) Restrictive land use regulation has thwarted the upward mobility of many Americans, particularly Americans of color. Local restrictions imposed by affluent municipalities have limited access to safe neighborhoods, better housing, and good schools. Racism and economic self-interest have both played a role in exclusionary practices which have... 2021
  KEEPING CURRENT--PROPERTY 35-APR Probate and Property 20 (March/April, 2021) CONSTRUCTION CONTRACTS: Pay-if-paid term in subcontract that requires surrender of right to timely payment is void. APCO Construction, Inc., the general contractor on a mixed-use development project, entered into a subcontract with Zitting Brothers Construction, Inc. to perform wood framing, sheathing, and shimming work. The subcontract required... 2021
  KEEPING CURRENT--PROPERTY 35-JUN Probate and Property 22 (May/June, 2021) COTENANTS: Creditor may reach insurance proceeds from property held in tenancy by the entirety. Terry and Cathy Phillips owned their marital residence as tenants by the entirety until 2010 when they retitled the property in the names of separate revocable trusts as tenants in common. Cathy's trust held a 99 percent undivided interest in the... 2021
Alex Ellefson LANDLORD BOUNTY HUNTERS: QUI TAM AS AN EFFECTIVE TOOL FOR HOUSING CODE ENFORCEMENT 29 Journal of Law & Policy 460 (2021) Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters' quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing... 2021
Daniel Finnegan LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCES NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS 15 Brooklyn Journal of Corporate, Financial & Commercial Law 467 (Spring, 2021) Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing... 2021
Rebecca Ringler MAKING A HOUSE A HOME: CHALLENGING DISCRIMINATORY UTILITY POLICIES UNDER THE FAIR HOUSING ACT 12 George Washington Journal of Energy & Environmental Law 113 (Summer, 2021) This Note explores the connection between access to utility services and housing, and how the Fair Housing Act can be used to challenge discriminatory utility policies. Specifically, it concludes that because regulation of utility providers varies so much between the states, federal oversight is needed to ensure that consumers are protected from... 2021
Michelle D. Layser , Edward W. De Barbieri , Andrew J. Greenlee , Tracy A. Kaye , Blaine G. Saito MITIGATING HOUSING INSTABILITY DURING A PANDEMIC 99 Oregon Law Review 445 (2021) Introduction. 447 I. Housing Instability During a Pandemic. 451 A. Predicting the Impact of COVID-19 on Housing Instability. 451 B. Policy Response to Housing Instability Varies by Perceived Harm. 455 C. Housing Instability as a Public Health Risk During COVID-19. 457 II. Learning from History: Policy Failures and the Great Recession. 461 A.... 2021
Cameron Roeback NO LOVE LEASED: DETERMINING A LANDLORD'S LIABILITY FOR TENANT-ON-TENANT HARASSMENT UNDER THE FAIR HOUSING ACT 82 University of Pittsburgh Law Review 945 (Summer, 2021) I oughta kill you, you f g n , Raymond Endres shouted at his new apartment neighbor, Donahue Francis. Francis could hardly escape the abuse; it followed him through his apartment complex, sometimes to his very door. The Suffolk County Police Hate Crimes Unit investigated the matter and informed the apartment owner, Kings Park Manor Inc. (KPM).... 2021
Nina A. Kohn NURSING HOMES, COVID-19, AND THE CONSEQUENCES OF REGULATORY FAILURE 110 Georgetown Law Journal Online 1 (Spring, 2021) This essay explores the COVID-19 crisis in America's nursing homes and its lessons for the future of long-term care. It challenges narratives portraying nursing homes as the unfortunate victims of COVID-19 by showing how the crisis is the foreseeable result of regulatory gaps and failures that have long enabled nursing homes to engage in systemic... 2021
H. Timothy Lovelace, Jr. OF PROTEST AND PROPERTY: AN ESSAY IN PURSUIT OF JUSTICE FOR BREONNA TAYLOR 116 Northwestern University Law Review Online 23 (May 13, 2021) Abstract--In March 2020, Louisville police officers fatally shot Breonna Taylor in her apartment while executing a no-knock warrant. There was great outrage over the killing of the innocent woman, and Kentucky Attorney General Daniel Cameron led an investigation of the officer-involved shooting. Activists protested in Louisville after Taylor's... 2021
Tracy A. Kaye OGDEN COMMONS CASE STUDY: A COMPARATIVE LOOK AT THE LOW-INCOME HOUSING TAX CREDIT AND OPPORTUNITY ZONE TAX INCENTIVE PROGRAMS 48 Fordham Urban Law Journal 1067 (October, 2021) Introduction. 1068 I. The Ogden Commons Project. 1072 A. North Lawndale Neighborhood, Chicago. 1072 B. OZ Census Tract 8433. 1075 II. Financing of the Ogden Commons Project. 1080 A. Qualified Opportunity Funds. 1080 B. Low-Income Housing Tax Credit Program. 1084 III. Comparison of the LIHTC Program with the Opportunity Zone Tax Incentive. 1090 A.... 2021
Jamie H. Wood OPPORTUNITY GAP: A SURVEY OF STATE SOURCE-OF-INCOME PROTECTION LAWS AND HOW THEY ADDRESS THE CHALLENGES FACING THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM 55 University of Richmond Law Review 691 (Winter, 2021) In 1968, the United States Congress enacted the Fair Housing Act (FHA) with the stated purpose of prevent[ing] segregation and discrimination in housing, including in the sale or rental of housing .. The FHA prohibits landlords from refusing to rent to members of certain protected classes, including race, color, national origin, sex, religion,... 2021
Marika Dias PARADOX AND POSSIBILITY: MOVEMENT LAWYERING DURING THE COVID-19 HOUSING CRISIS 24 CUNY Law Review 173 (Summer, 2021) Introduction. 173 I. The Housing Movement Rising. 177 II. Really? You Want to Evict People During a Pandemic? Keeping the Eviction Mills Closed. 182 III. Cancel Rent--A Time for Bold Demands. 191 IV. Not One Cent on the Rent: A Mass Rent Strike. 200 V. Closing out--Building our power to Fight and Win. 207 2021
Mary Crossley PRISONS, NURSING HOMES, AND MEDICAID: A COVID-19 CASE STUDY IN HEALTH INJUSTICE 30 Annals of Health Law and Life Sciences 101 (Summer, 2021) As the coronavirus closed down the United States economy in March 2020, it did not take long for predictions to emerge claiming that COVID-19 would disproportionately affect Black communities. Only weeks into the shutdown, Dr. Uché Blackstock, a health equity expert, began sounding the alarm, stating in an interview [w]hen it hits the fan, we're... 2021
Molly Rockett PRIVATE PROPERTY MANAGERS, UNCHECKED: THE FAILURES OF FEDERAL COMPLIANCE OVERSIGHT IN PROJECT-BASED SECTION 8 HOUSING 134 Harvard Law Review Forum 286 (March 20, 2021) Federally subsidized housing should be the foundation upon which much of our social safety net is built. It is supposed to be a core component of our public response to the intertwined crises of poverty and homelessness, funded by taxpayer dollars and executed by our public servants in the Department of Housing and Urban Development (HUD), as well... 2021
Xuan-Thao Nguyen PROMOTING CORPORATE IRRESPONSIBILITY? DELAWARE AS THE INTELLECTUAL PROPERTY HOLDING STATE 46 Journal of Corporation Law 717 (Spring, 2021) I. Introduction. 718 II. Catching Delaware's Attention: The Rise of Intellectual Property Corporate Assets. 722 A. Patent and Copyright Assets in the 1980s. 722 B. The Rise in Consumption and Trademarks as Corporate Assets. 729 III. Legislation to Lure Intellectual Property Assets to Be Held in Delaware. 733 A. The Tax Avoidance Scheme of 1984. 733... 2021
Michael C. Pollack , Lior Jacob Strahilevitz PROPERTY LAW FOR THE AGES 63 William and Mary Law Review 561 (November, 2021) Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for... 2021
Cameron M. Baskett , Christopher G. Bradley PROPERTY TAX PRIVATEERS 41 Virginia Tax Review 89 (Fall, 2021) Many states permit local governments to sell third parties the right to collect overdue property taxes, together with interest and fees. We call these third-party investors property tax privateers, because they are empowered to pursue claims that are essentially the state's, in search of a sizable bounty. Privateers are often anonymous LLCs with... 2021
Andrew T. Hayashi , Richard M. Hynes PROTECTIONIST PROPERTY TAXES 106 Iowa Law Review 1091 (March, 2021) ABSTRACT: National restrictions on trade and immigration are the most salient illustrations of the current protectionist moment, but cities have played their part too, taxing foreign investors in local real estate and imposing second or vacant home taxes that indirectly burden foreign investment. We call these taxes protectionist property taxes.... 2021
Eleanor Brown, June Carbone RACE, PROPERTY, AND CITIZENSHIP 116 Northwestern University Law Review Online 120 (July 24, 2021) Abstract--The racial wealth gap is stunning. The net worth of an average White family is nearly ten times greater than that of an African-American family. A 2017 Prosperity Now report finds that for African-Americans, today's economy is an extractive one; if existing trends continue, the median African-American family will have a net worth of zero... 2021
John Bliss REBELLIOUS LAWYERS FOR FAIR HOUSING: THE LOST SCIENTIFIC MODEL OF THE EARLY NAACP 2021 Wisconsin Law Review 1433 (2021) Historically rooted patterns of racial segregation in housing remain a significant contributor to racial inequities in health, intergenerational wealth, and life chances more generally. This Article uncovers a powerful but long-forgotten model for rebellious lawyers in the struggle for fair housing. I draw this model from archival research on the... 2021
  REMARKS BY CHAIRMAN ROBERT C. "BOBBY" SCOTT (VA-03) 39 Minnesota Journal of Law & Inequality 5 (Winter, 2021) 2020 Summit for Civil Rights | University of Minnesota Law School, Georgetown University Law Center Friday, July 31, 2020 | 10:10 AM CDT Thank you, Dean Treanor, for your very kind introduction. I want to thank the University of Minnesota Law School, Workers' Rights Institute, Building One America, NAACP, and all the organizations that helped... 2021
Michael P. Seng RESTORATIVE JUSTICE: A MODEL FOR CONCILIATING FAIR HOUSING DISPUTES 21 Journal of Law in Society 63 (Winter, 2021) Abstract. 63 Introduction. 64 I. The challenge posed by housing discrimination and the task of removing the effects of segregation. 66 II. The Fair Housing Act Has Broad Remedial Powers. 72 III. Conciliation as a preferred means of resolving fair housing disputes. 78 IV. Restorative justice as a means of conciliating disputes under the Fair Housing... 2021
Rigel C. Oliveri SEXUAL ORIENTATION AND GENDER IDENTITY DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT AFTER BOSTOCK v. CLAYTON COUNTY 69 University of Kansas Law Review 409 (March, 2021) On June 15, 2020, the Supreme Court handed down a landmark decision in Bostock v. Clayton County, Georgia, ruling by a vote of 6-3 that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from discrimination. The majority held that the statute's prohibition against discrimination in employment because of .... 2021
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