AuthorTitleCitationSummaryYear
Kristen L. Aggeler CROSSING THE CLASS AND COLOR LINES: FROM PUBLIC HOUSING TO WHITE SUBURBIA 33 Urban Lawyer 209 (Winter, 2001) Leonard S. Rubinowitz and James E. Rosenbaum The University of Chicago Press; 2000; 214 pages; ISBN 0-226-73089-1; hardback. In 1966, a decades-long struggle began to eliminate systematic and illegal segregation in Chicago's public housing program. In their book entitled Crossing the Class and Color Lines: From Public Housing to White Suburbia,... 2001
Dean Barclay DEAD HANDS AND STATE ACTORS: THE RACIALLY DISCRIMINATORY CHARITABLE TRUST IN HERMITAGE METHODIST HOMES 7 Washington and Lee Race and Ethnic Ancestry Law Journal 85 (Spring, 2001) Prejudices . . . , like odorous bodies, have a double existence both solid and subtle-solid as pyramids, subtle as the twentieth echo of an echo, or as the memory of hyacinths which once scented the darkness . . . Mr. Casaubon had taken a cruelly effective means of hindering her: even with indignation against him in her heart, any act that seemed... 2001
Robert G. Schwemm DISCRIMINATORY HOUSING STATEMENTS AND § 3604(C): A NEW LOOK AT THE FAIR HOUSING ACT'S MOST INTRIGUING PROVISION 29 Fordham Urban Law Journal 187 (October, 2001) Introduction. 189 I. The Role of § 3604(c) within the Fair Housing Act. 194 A. Overview of the Fair Housing Act. 194 B. The Legislative History of § 3604(c) and Its Applicability to Exempt Housing. 197 1. Background and General Observations. 197 2. The Evolution of the FHA's Substantive Coverage. 200 3. Source and Evolution of § 3604(c) Language.... 2001
David A. Thomas FIXING UP FAIR HOUSING LAWS: ARE WE READY FOR REFORM? 53 South Carolina Law Review 7 (Fall 2001) I fear that the Senate is on the verge of voting to sacrifice upon the altar of politics one of the most precious rights of all Americans-their freedom to control the use and disposition of their privately owned property. Senator Sam J. Ervin, Jr. I. Introduction. 8 A. Foundational Weakness in the Federal Fair Housing Act. 8 B. Organization of... 2001
Cynthia A. Samuel , Katherine S. Spaht FIXING WHAT'S BROKE: AMENDING ERISA TO ALLOW COMMUNITY PROPERTY TO APPLY UPON THE DEATH OF A PARTICIPANT'S SPOUSE 35 Family Law Quarterly 425 (Fall, 2001) In Boggs v. Boggs, the participant husband was married to his first wife when he began working for a company whose retirement plan was covered by the Employee Retirement Income Security Act (ERISA). Thirty years later, the first wife died prior to the husband's retirement. Her will left her husband one-third of her estate in full ownership and a... 2001
Julian J. Moore HOME SWEET HOME: EXAMINING THE (MIS)APPLICATION OF THE ANTI- CONTACT RULE TO HOUSING DISCRIMINATION TESTERS 25 Journal of the Legal Profession 75 (2001) Jeremy and Sharon Bullock are two wealthy attorneys who thought they had found the apartment of their dreams. The African-American couple had been searching for over a year for the dwelling that met all of their needs. One day at work, Sharon's colleague, Lisa Thomas, notified her that she knew of a wonderful co-op on the East Side of Manhattan... 2001
Justin D. Cummins HOUSING MATTERS: WHY OUR COMMUNITIES MUST HAVE AFFORDABLE HOUSING 28 William Mitchell Law Review 197 (2001) I. Introduction. 198 II. The Crisis Facing Our Communities. 199 A. The Impact of the Affordable Housing Shortage. 199 B. A Substantial Cause of the Housing Crisis. 200 1. Violations of State Law by the Met Council. 205 2. Violations of State Law by Cities. 208 III. The Myths And Facts About Affordable Housing. 211 A. Affordable Housing and... 2001
Bonnie L. Koneski-White INCREASING AFFORDABLE HOUSING AND REGIONAL HOUSING OPPORTUNITY IN NEW ENGLAND: PERSPECTIVES ON THE OCCASION OF THE THIRTIETH ANNIVERSARY OF THE MASSACHUSETTS COMPREHENSIVE PERMIT LAW: A SELECTED BIBLIOGRAPHY 22 Western New England Law Review 431 (2001) This Bibliography covers the relevant state materials, e.g., statutes, regulations, cases, articles, chapters in books, books, and reports for states that were discussed during the Housing Conference. Additionally, the general section lists articles, books, reports, etc. that present an in-depth discussion of affordable housing. Although the... 2001
Kenneth H. Bobroff INDIAN LAW IN PROPERTY: JOHNSON V. M'INTOSH AND BEYOND 37 Tulsa Law Review 521 (Winter 2001) First-year law students are most likely to encounter Indian law in their Property class. Indeed, one of the foundational Indian law cases, Johnson v. M'Intosh, is at the root of title for most real property in the United States. A good number of Property casebooks include this 178 year-old decision, often as the first case of the semester. Indian... 2001
J. W. Fedderke , , R. H. J. de Kadt , J. M. Luiz INDICATORS OF POLITICAL LIBERTY, PROPERTY RIGHTS AND POLITICAL INSTABILITY IN SOUTH AFRICA: 1935-97 21 International Review of Law & Economics 103 (March, 2001) This paper is concerned to characterize the nature of certain political institutions and conditions in South Africa from the 1930s to the mid-1990s. It does so by means of a number of indexes for political freedom, political instability, the degree of political fractionation, property rights and the quality of the institutions customarily used to... 2001
Deborah Kenn INSTITUTIONALIZED, LEGAL RACISM: HOUSING SEGREGATION AND BEYOND 11 Boston University Public Interest Law Journal 35 (Fall, 2001) About a year ago, a friend and I went in to a diner for breakfast. It wasn't very crowded; maybe four tables were occupied. We sat close to a table where four African Americans were seated. My friend and I are both Caucasian. The waitress, also white, came over and asked if we wanted coffee. On her way back from getting us coffee, a heated exchange... 2001
Susan Scafidi INTELLECTUAL PROPERTY AND CULTURAL PRODUCTS 81 Boston University Law Review 793 (October, 2001) Introduction. 793 I. Social Dynamics of Ownership at Common Law. 796 A. Defining Property. 796 B. Concurrent Ownership of Property. 797 II. Ownership of Intellectual Property Rights. 799 A. Defining the Boundaries of Intellectual Property. 799 1. The Heightened Role of Law. 800 2. Theories of Intellectual Property Protection. 803 B. Concurrent... 2001
Rebecca Tsosie LAND, CULTURE, AND COMMUNITY: REFLECTIONS ON NATIVE SOVEREIGNTY AND PROPERTY IN AMERICA 34 Indiana Law Review 1291 (2001) God created this Indian country and it was like He spread out a big blanket. He put the Indians on it. They were created here in this country, truly and honestly, and that was the time this river started to run. Then God created fish in this river and put deer in these mountains and made laws through which has come the increase of fish and game.... 2001
Jonathan L. Entin LEARNING FROM YONKERS: ON RACE, CLASS, HOUSING, AND COURTS 44 Howard Law Journal 375 (Spring 2001) Lisa Belkin. Show Me a Hero: A Tale of Murder, Suicide, Race, and Redemption. Boston: Little, Brown and Co. 1999. xvi + 331 pp. Massive Resistance. The term evokes memories of Little Rock (where federal troops were required for nine African American teenagers to enter the previously all-white Central High School pursuant to a federal court order),... 2001
Christian Brooks POLITICAL BLUFF AND BLUSTER: SIX YEARS LATER, A COMMENT ON THE TEXAS PRIVATE REAL PROPERTY RIGHTS PRESERVATION ACT 33 Texas Tech Law Review 59 (2001) In 1995, the Texas Legislature enacted the Private Real Property Rights Preservation Act (the Act). Considered by many to be the strongest state takings law in the nation, the Act was enacted in response to the growing property rights movement in Texas. The property rights movement in Texas, as in the rest of the country, gained popularity... 2001
Berta Esperanza Hernandez-Truyol , Shelbi D. Day PROPERTY, WEALTH, INEQUALITY AND HUMAN RIGHTS: A FORMULA FOR REFORM 34 Indiana Law Review 1213 (2001) [A]ll men are created equal . . . endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. Disparities in wealth between blacks and whites are not a product of haphazard events, inborn traits, isolated incidents or solely contemporary individual accomplishments. Rather, wealth... 2001
Timothy J. Moran PUNITIVE DAMAGES IN FAIR HOUSING LITIGATION: ENDING UNWISE RESTRICTIONS ON A NECESSARY REMEDY 36 Harvard Civil Rights-Civil Liberties Law Review 279 (Summer, 2001) In January 1996, Gene Lewis, an African American resident of Lake Charles, Louisiana, answered a newspaper advertisement for the rental of a one-bedroom apartment. When Mr. Lewis went to view the apartment, however, the owner refused to accept his deposit, saying, I just don't rent to you people. When Mr. Lewis asked the owner what he meant, he... 2001
Derrick Bell RACISM: A MAJOR SOURCE OF PROPERTY AND WEALTH INEQUALITY IN AMERICA 34 Indiana Law Review 1261 (2001) Consider this film script: RURAL TOWN GAS STATION-DEEP SOUTH IN THE MID-1960s. It is dusk, the end of a hot summer day. A half-dozen or so working class, white, good ole' boys are grouped around a bench in front of a run-down, two-pump gas station. An outdoor phone is attached to the wall. A faded sign over the station garage reads: Moultree's... 2001
Eric J. Gouvin RURAL LOW-INCOME HOUSING AND MASSACHUSETTS CHAPTER 40B: A PERSPECTIVE FROM THE ZONING BOARD OF APPEALS 23 Western New England Law Review 3 (2001) The Massachusetts Low and Moderate Income Housing Act (Act) was enacted in 1969 to promote the construction of low-income housing in restrictively zoned Massachusetts communities. It seeks to achieve its goal by providing a builder's remedy which, in effect, overrides local zoning ordinances. The local Zoning Board of Appeals (ZBA), in deciding... 2001
Polly W. Blakemore SHORT OF MONEY OR SHORTCHANGED?: REASONABLE ACCOMMODATIONS IN RENTAL RULES AND POLICIES FOR DISABLED INDIVIDUALS RECEIVING FINANCIAL ASSISTANCE 39 Brandeis Law Journal 449 (Winter Issue 2000-2001) Richard Salute and Marie Kravette are both disabled individuals who receive Social Security disability benefits. Unable to work because of his disabilities since 1982, Richard suffers from chronic asthma, dextroscoliosis of the back, ulcerative colitis, and depression, among other ailments. Marie's disabilities include degenerative rheumatoid... 2001
Justin W. Ristau SHOULD PUNITIVE DAMAGES BE RECOVERABLE ABSENT A FINDING OF ACTUAL DAMAGES UNDER THE FEDERAL FAIR HOUSING ACT? LOUISIANA ACORN FAIR HOUSING V. LEBLANC, 211 F.3D 298 (5TH CIR. 2000) 70 University of Cincinnati Law Review 343 (Fall, 2001) In Louisiana ACORN Fair Housing v. LeBlanc, the Fifth Circuit, in a matter of first impression, addressed whether a plaintiff suing under the Fair Housing Act (FHA) may receive punitive damages absent compensatory or nominal damages. The Fifth Circuit's decision in LeBlanc limited the enforcement system of the FHA and threatened the vitality of the... 2001
Dash T. Douglas STANDING ON SHAKY GROUND: STANDING UNDER THE FAIR HOUSING ACT 34 Akron Law Review 613 (2001) Standing jurisprudence has undergone a substantial evolution in recent decades. The Supreme Court was particularly active during the 1970s in addressing standing issues in housing discrimination cases. In 1982, the Supreme Court revisited standing, but has been deathly silent ever since. This void has left the development of standing jurisprudence... 2001
Hirad Abtahi THE PROTECTION OF CULTURAL PROPERTY IN TIMES OF ARMED CONFLICT: THE PRACTICE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA 14 Harvard Human Rights Journal 1 (Spring, 2001) Destruction constitutes an inherent component of armed conflict. No war has been fought without damaging private or public property at least collaterally. In numerous conflicts, however, belligerents have tried to obtain psychological advantage by directly attacking the enemy's cultural property without the justification of military necessity. Such... 2001
Nancy A. Denton THE ROLE OF RESIDENTIAL SEGREGATION IN PROMOTING AND MAINTAINING INEQUALITY IN WEALTH AND PROPERTY 34 Indiana Law Review 1199 (2001) Most people desire wealth and property. Individuals and families acquire wealth and property via three routes: they accumulate them through their earnings or other work, what they have accumulated appreciates over time, or they inherit wealth or property from their families. Many benefit from all three of these routes to the ownership of property... 2001
Barclay Thomas Johnson THE SEVEREST JUSTICE IS NOT THE BEST POLICY: THE ONE-STRIKE POLICY IN PUBLIC HOUSING 10-SPG Journal of Affordable Housing & Community Development Law 234 (Spring, 2001) The severest justice may not always be the best policy Abraham Lincoln. This article examines the one-strike interpretation of 42 U.S.C. § 1437 (1)(6), which governs evictions from public housing for alleged criminal activity. The one-strike policy refers to the practice of imposing strict liability on public housing tenants and evicting them... 2001
SUSAN BENNETT "THE POSSIBILITY OF A BELOVED PLACE': RESIDENTS AND PLACEMAKING IN PUBLIC HOUSING COMMUNITIES 19 Saint Louis University Public Law Review 259 (2000) What we need to live well, to dwell, is to trust in the possibility of a beloved place and our own significant part in the making of such places. Between 1825 and 1829, a Dutch immigrant landholder sold off fifty parcels of farmland lodged between what are now 89 and 82 streets on the north and south, and the Great Lawn of Central Park and Central... 2000
Johanna M. Lundgren A WEAKENED ENFORCEMENT POWER: THE FIFTH CIRCUIT LIMITS PUNITIVE DAMAGES UNDER THE FAIR HOUSING ACT IN LOUISIANA ACORN FAIR HOUSING V. LEBLANC 46 Loyola Law Review 1325 (Winter 2000) On January 2, 1996, Gene Lewis, an African-American male, responded to an advertisement for an efficiency apartment in Lake Charles, Louisiana. Lewis phoned the landlord and owner of the building, Danny LeBlanc, who agreed to hold the apartment for Lewis if he paid a $100 deposit. Immediately after the phone conversation with LeBlanc, Lewis went to... 2000
PETER W. SALSICH, JR. AFFORDABLE HOUSING: CAN NIMBYISM BE TRANSFORMED INTO OKIMBYISM? 19 Saint Louis University Public Law Review 453 (2000) As the record setting expansion of the United States economy moves into the new millennium, there is overwhelming evidence, which confirms that millions of American families have serious difficulty obtaining both decent and affordable housing. This is particularly true for families whose income is below the national median income of approximately... 2000
Dan Nnamdi Mbulu, CPA AFFORDABLE HOUSING: HOW EFFECTIVE ARE EXISTING FEDERAL LAWS IN ADDRESSING THE HOUSING NEEDS OF LOWER INCOME FAMILIES? 8 American University Journal of Gender, Social Policy and the Law 387 (2000) I. Introduction. 389 II. Background. 390 III. Analysis of Affordable Housing Programs. 392 A. Public Housing. 392 1. The Relationship Between Public Housing, Women, and Family. 394 2. The Inability of HUD Regulations and PHAs to Meet Family Needs. 394 3. Poor Housing Quality Resulting From Insufficient Funds. 395 a. Age of Projects. 396 b. Low Rent... 2000
Berta Esperanza Hernández-Truyol , Shelbi D. Day AFTERWORD - STRAIGHTNESS AS PROPERTY: BACK TO THE FUTURE - LAW AND STATUS IN THE 21ST CENTURY 12 University of Florida Journal of Law and Public Policy 71 (Fall, 2000) As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status whether it be nationality, culture,... 2000
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