Kevin Christopher Newsom SETTING INCORPORATIONISM STRAIGHT: A REINTERPRETATION OF THE SLAUGHTER-HOUSE CASES 109 Yale Law Journal 643 (January, 2000) I. INTRODUCTION. 645 II. THE Slaughter-House Cases: THE CONVENTIONAL WISDOM. 650 A. The Facts. 651 B. Justice Miller's Majority Opinion. 651 C. The Dissents. 656 III. THE Slaughter-House Cases: A SECOND LOOK. 658 A. The Butchers' Claims and the Dissenters' Response: A Radical View of the Fourteenth Amendment. 658 B. Justice Miller's Majority... 2000
Brian F. Fitzgerald SEVENTH ANNUAL TENZER LECTURE 1999 SOFTWARE AS DISCOURSE: THE POWER OF INTELLECTUAL PROPERTY IN DIGITAL ARCHITECTURE 18 Cardozo Arts and Entertainment Law Journal 337 (2000) As software increasingly facilitates our living, we are drawn more and more to conceptualize software as discourse. While this may sound trite, it is a fundamental point to appreciate. One of the most significant intellectual developments of the latter part of the twentieth century has been the poststructuralist writing of thinkers like Foucault,... 2000
Nicole A. Forkenbrock Lindemyer SEXUAL HARASSMENT ON THE SECOND SHIFT:THE MISFIT APPLICATION OF TITLE VII EMPLOYMENT STANDARDS TO TITLE VIII HOUSING CASES 18 Law & Inequality: A Journal of Theory and Practice 351 (Summer 2000) [F]or the embattled/there is no place/that cannot be/home/nor is. Audre Lorde Yet another strand of sexual harassment is infecting women's lives and has begun to be treated in our courts: sexual harassment in the home. In increasing numbers, women are being forced to endure demands for sex from those who provide their housing, and to live in... 2000
F. Michael Higginbotham SOLDIERS FOR JUSTICE: THE ROLE OF THE TUSKEGEE AIRMEN IN THE DESEGREGATION OF THE AMERICAN ARMED FORCES 8 William & Mary Bill of Rights Journal 273 (February, 2000) Often noted for their heroic prowess as pilots in World War II, the Tuskegee Airmen served just as nobly fighting racial segregation within the Army. Considered exemplary in its integration today, the armed forces were a testing ground for integration in the middle of the twentieth century. Black officers and enlisted men, putting themselves in... 2000
Roberta F. Mann THE (NOT SO) LITTLE HOUSE ON THE PRAIRIE: THE HIDDEN COSTS OF THE HOME MORTGAGE INTEREST DEDUCTION 32 Arizona State Law Journal 1347 (Winter, 2000) I. L2-4,T4Introduction 1348 II. L2-4,T4Why Does the Tax Law Subsidize Home Ownership? 1351 A. L3-4,T4Historical Background of the Home Mortgage Interest Deduction 1351 B. L3-4,T4The Cost of the Home Mortgage Interest Deduction 1353 C. L3-4,T4Should the Federal Government Encourage Home Ownership? 1354 III. L2-4,T4Is the Home Mortgage Interest... 2000
Anthi Helleni Poulos THE 1954 HAGUE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT: AN HISTORIC ANALYSIS 28 International Journal of Legal Information 1 (Spring, 2000) L1-5Introduction I. L2-5History and Development of the Status of Cultural Property in Armed Conflict A. L3-5The Ancients to 18 Century 1. L4-5The Greeks and Romans 2. L4-5The Crusades and the 30 Years' War 3. L4-5Conquest of the Americas 4. L4-5The Thirty Years' War B. L3-5Early History to the Modern (18 and 19th Centuries) 1. L4-5French Revolution... 2000
Donald Aquinas Lancaster, Jr. THE ALCHEMY AND LEGACY OF THE UNITED STATES OF AMERICA'S SANCTION OF SLAVERY AND SEGREGATION: A PROPERTY LAW AND EQUITABLE REMEDY ANALYSIS OF AFRICAN AMERICAN REPARATIONS 43 Howard Law Journal 171 (Winter 2000) In the early to mid-1800s in Randolph County, Alabama, a brother and sister are slaves. Ruben, date of birth unknown, and Maryann, born in 1850, are the ancestors to generations of the Lancaster clan. Ruben, with wife Lydia, would sire one child, Henry Lancaster, on the eve of emancipation. Henry would beget 19 children with his wife Charlotte... 2000
Latisha R. Brown THE MCKINNEY ACT: REVAMPING PROGRAMS DESIGNED TO ASSIST THE MENTALLY ILL HOMELESS 33 Columbia Journal of Law and Social Problems 235 (Spring, 2000) Benjamin Draper rides the subway all day. Dressed neatly and cleanly, he scribbles on a legal pad, creating pages of intricate doodles and repeated words and patterns. Underground he feels safe; above ground, he wears a bicycle helmet to protect his thoughts from interfering radio waves. He always carries his medication with him, but won't take... 2000
Cathy Lesser Mansfield THE ROAD TO SUBPRIME "HEL" WAS PAVED WITH GOOD CONGRESSIONAL INTENTIONS: USURY DEREGULATION AND THE SUBPRIME HOME EQUITY MARKET 51 South Carolina Law Review 473 (Spring 2000) I. Introduction. 475 II. A Historical Perspective: Early Federal Interest Rate and Mortgage Rate Regulation. 476 A. The National Bank Act. 476 B. The Federal Home Loan Bank Act. 477 C. The Home Owners' Loan Act of 1933. 478 D. Federal Housing Administration Insured Loans (FHA Loans) and Veterans' Administration Insured Loans (VA Loans). 480 III.... 2000
Mary Christina Wood THE TRIBAL PROPERTY RIGHT TO WILDLIFE CAPITAL (PART I): APPLYING PRINCIPLES OF SOVEREIGNTY TO PROTECT IMPERILED WILDLIFE POPULATIONS 37 Idaho Law Review 1 (2000) As the salmon in the Columbia River Basin struggle to survive against powerful human forces driving the species to extinction, the treaty tribes of the Basin face an unprecedented crisis. For over 10,000 years the tribes have relied on the fish for subsistence, economic, and cultural needs. But over the past several decades, tribal harvest has... 2000
Heather K. Aeschleman THE WHITE WORLD OF NURSING HOMES: THE MYRIAD BARRIERS TO ACCESS FACING TODAY'S ELDERLY MINORITIES 8 Elder Law Journal 367 (2000) In this note, Ms. Aeschleman explores the cultural, social, and economic barriers faced by elderly minorities in need of nursing home care. Ms. Aeschleman argues that minority elders face greater economic barriers to nursing home access than Whites because of factors such as lower average incomes and a lack of access to and assistance with... 2000
Charles E. Daye WHITHER "FAIR" HOUSING: MEDITATIONS ON WRONG PARADIGMS, AMBIVALENT ANSWERS, AND A LEGISLATIVE PROPOSAL 3 Washington University Journal of Law and Policy 241 (2000) I. L2-4,T4The Occasion for this Essay 242 II. L2-4,T4Fair Housing: The Search for an Analytical Paradigm 243 A. L3-4,T4The Problem of Deciding What the Problem Is 244 B. L3-4,T4Contexts Matter When Trying to Figure Out What the Question Is 250 C. L3-4,T4The Policy Question Coffey, Starrett City, and Arlington Heights Have in Common: What is... 2000
Katia Brener BELLE TERRE AND SINGLE-FAMILY HOME ORDINANCES: JUDICIAL PERCEPTIONS OF LOCAL GOVERNMENT AND THE PRESUMPTION OF VALIDITY 74 New York University Law Review 447 (May, 1999) Zoning ordinances began as a way for cities to control the negative externalities associated with urban land uses, as well as a means of protecting property values. By separating residential districts from factories and retail areas, early city planners hoped to stabilize neighborhoods and preserve the value of the homes in a given residential... 1999
Terry A.C. Gray DE-CONCENTRATING POVERTY AND PROMOTING MIXED-INCOME COMMUNITIES IN PUBLIC HOUSING: THE QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 11 Stanford Law and Policy Review 173 (Winter, 1999) Those concerned about ensuring decent, affordable housing for the least well off members of our society must also be concerned with the dramatic changes in the georacial demographics of poverty. In the context of rising housing costs, declining real wages, job shortages, and the shift from a manufacturing to a service-based economy, racially-biased... 1999
Brian Hale DISCRIMINATION IN HOUSING: THE EFFECTS OF EMOTIONAL DISTRESS AND ITS REMEDIES 23 Law & Psychology Review 167 (Spring, 1999) Fearful of their safety, a black couple is very anxious to move into a community outside of the inner city. After years of hard work and saving money, the couple achieves their goal and is about to realize their dream. With much excitement and anxiety, they contact a real estate or leasing agent. Surprisingly, the couple quickly finds themselves... 1999
Derrick Bell GETTING BEYOND A PROPERTY IN RACE 1 Washington University Journal of Law and Policy 27 (1999) The following essay is based on a presentation given by Professor Derrick Bell on 18 March 1999. I am honored to be here, but I would be far happier were I sitting out there with you listening to the person originally invited to give this lecture. The Honorable A. Leon Higginbotham quite literally gave his life last December in the struggle in... 1999
Richard Delgado ; & Jean Stefancic HOME-GROWN RACISM: COLORADO'S HISTORIC EMBRACE--AND DENIAL--OF EQUAL OPPORTUNITY IN HIGHER EDUCATION 70 University of Colorado Law Review 703 (Summer 1999) Introduction. 704 I. Race Conscious Programs in Higher Education. 710 II. Colorado History: The Early Period. 715 III. The Klan Period. 722 The Klan and Denver's Black Minority. 732 IV. The Denver Commission: Documenting--and Entrenching--Racism During the Postwar Years. 737 A. Social Workers and Unity Councils: Elites and Well-Wishers Enter the... 1999
Gregory D. Squires , Sally O'Connor, Michael Grover, James Walrath HOUSING AFFORDABILITY IN THE MILWAUKEE METROPOLITAN AREA: A MATTER OF INCOME, RACE AND POLICY 9-FALL Journal of Affordable Housing & Community Development Law 34 (Fall, 1999) The cost of housing is going to affect the county's business development. Eventually, companies will choose to expand where their workers can afford to live.--richard Belling, Vice President for Mortgage Lending, Grafton State Bank If you people can't afford to live in our town, then you'll just have to leave.--bill Haines, Mayor, Mount Laurel, New... 1999
Kim Johnson-Spratt HOUSING DISCRIMINATION AND SOURCE OF INCOME: A TENANT'S LOSING BATTLE 32 Indiana Law Review 457 (1999) Many believe that housing discrimination is a past wrong that is now corrected by the Fair Housing Act of 1968. Nothing could be further from the truth. Housing discrimination against the poor is still permissible in many realms under current law. The poor in this country often cannot obtain adequate housing and can be forced to move their families... 1999
McKen V. Carrington JUAN WILLIAMS, THURGOOD MARSHALL--AMERICAN REVOLUTIONARY, (RANDOM HOUSE XXXX) 27 Southern University Law Review 81 (Fall, 1999) With profound depth and superb story telling, Juan Williams has set forth the immense contributions of Thurgood Marshall, not only to American law, but also to American politics and society. Williams makes a good case for elevating the stature of Thurgood Marshall beyond that of his contemporaries - Martin Luther King and Malcolm X - due to the... 1999
Kathleen M. O'Connor MARITAL PROPERTY REFORM IN MASSACHUSETTS: A CHOICE FOR THE NEW MILLENNIUM 34 New England Law Review 261 (Fall, 1999) Resolved, That the laws of property, as affecting married parties, demand a thorough revisal, so that all rights may be equal between them;--that the wife may have, during life, an equal control over the property gained by their mutual toil and sacrifices, be heir to her husband precisely to the extent that he is heir to her, and entitled, at her... 1999
KATHLEEN C. ENGEL MOVING UP THE RESIDENTIAL HIERARCHY: A NEW REMEDY FOR AN OLD INJURY ARISING FROM HOUSING DISCRIMINATION 77 Washington University Law Quarterly 1153 (1999) Marilyn wanted to move out of the dangerous Chicago neighborhood in which she lived. She found an apartment in a suburb, Berwyn, that suited her needs in terms of location, price, and size. When the landlord refused to deal with her or rent her the apartment, Marilyn became discouraged and decided to save money, buy a house, and avoid encountering... 1999
Moira J. Kinnally NOT IN MY BACKYARD: THE DISABLED'S QUEST FOR RIGHTS IN LOCAL ZONING DISPUTES UNDER THE FAIR HOUSING, THE REHABILITATION, AND THE AMERICANS WITH DISABILITIES ACTS 33 Valparaiso University Law Review 581 (Spring, 1999) The biggest obstacle for people with disabilities [is] not so much what God hath wrought, but rather what man has imposed by custom and law. While laws that affect the disabled have progressed from isolation to empowerment, vague areas exist that result in litigation and, ultimately, a step back in the disabled's journey toward independence. One of... 1999
Jason R. Jenkins NOT NECESSARILY THE BEST SEAT IN THE HOUSE: A COMMENT ON THE ASSUMPTION OF RISK BY SPECTATORS AT MAJOR AUTO RACING EVENTS 35 Tulsa Law Journal 163 (Fall, 1999) Gentlemen, start your engines! These timeless words, recognized as the most famous in all of motor sports, unmistakably signify that a race is about to begin. Fans numbering in the millions, at race tracks and in living rooms across the land, rise excitedly to their feet in anticipation of the green flag. Race fans are passionate people. At no... 1999
Charles L. Nier, III PERPETUATION OF SEGREGATION: TOWARD A NEW HISTORICAL AND LEGAL INTERPRETATION OF REDLINING UNDER THE FAIR HOUSING ACT 32 John Marshall Law Review 617 (Spring 1999) In his classic The Souls of Black Folk, W.E.B. Du Bois commented: To be a poor man is hard, but to be a poor race in a land of dollars is the very bottom of hardships. His statement is increasingly becoming a prophecy as the income and wealth gaps between blacks and whites continue to increase despite the economic prosperity in the United States.... 1999
Reviewed by Peter T. Wendel PROPERTY, 4TH EDITION. BY JESSE DUKEMINIER AND JAMES E. KRIER. NEW YORK, NEW YORK: ASPEN PUBLISHERS, INC., 1998. PP. XIII, 1247. 22 Seattle University Law Review 1031 (Spring 1999) Typically, book reviews are written about books recently published. An economist would argue that the function of a book review is to provide the market with additional information to help the consumer make a more informed choice on whether to buy the book. To the extent that is the function of a book review, this review of Dukeminier & Krier's... 1999
Reviewed by Andrew P. Morriss PROPERTY, 4TH EDITION. BY JESSE DUKEMINIER AND JAMES E. KRIER. NEW YORK, NEW YORK: ASPEN PUBLISHERS, INC., 1998. PP. XIII, 1247. 22 Seattle University Law Review 997 (Spring 1999) Professors Dukeminier and Krier's property casebook is reputed to be the market leader in Property casebooks; I have heard estimates that it has as much as a fifty percent market share. This position is well-deserved--the casebook is thorough, comprehensive, well-written, error free, and, a significant feature for new teachers, has the best... 1999
Chester Hartman RACIAL EQUITY IN HOUSING 21 University of Arkansas at Little Rock Law Review 809 (Summer, 1999) Housing is an extraordinarily pervasive issue with respect to racial patterns and racism. America's neighborhoods are still enormously segregated by race, and there are few stable integrated areas. Such patterns of segregation-which at the extreme have been characterized by sociologists Douglas Massey and Nancy Denton as hypersegregation, using a... 1999
James D. Walsh REACHING MRS. MURPHY: A CALL FOR REPEAL OF THE MRS. MURPHY EXEMPTION TO THE FAIR HOUSING ACT 34 Harvard Civil Rights-Civil Liberties Law Review 605 (Summer, 1999) The Fair Housing Act (FHA) boldly declares that [i]t is the policy of the United States to provide fair housing throughout the United States. To that end, ยง 3604 of the FHA prohibits discrimination on any basis in the sale, rental, or negotiation of housing. The FHA's coverage, however, is not complete. Section 3603(b)(2), the so-called Mrs.... 1999
Arti Kaur Rai REGULATING SCIENTIFIC RESEARCH: INTELLECTUAL PROPERTY RIGHTS AND THE NORMS OF SCIENCE 94 Northwestern University Law Review 77 (Fall 1999) Among legal scholars, a debate is currently raging about the proper scope of intellectual property rights in non-commercial-or basic -scientific research. The debate focuses on basic research in molecular biology, the foundational science of the large and dynamic biotechnology industry. The issue of intellectual property rights in scientific... 1999
48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65