Richard H. Sander HOUSING SEGREGATION AND HOUSING INTEGRATION: THE DIVERGING PATHS OF URBAN AMERICA 52 University of Miami Law Review 977 (July, 1998) Abstract. 977 I. Introduction. 978 II. Some Preliminary Issues. 981 A. The Measurement of Segregation. 981 B. The Formation of the Ghetto. 982 C. The Role of Income Differences. 983 III. A Theory of Segregation. 984 A. Five Components. 984 1. discrimination as an economic cost. 984 2. the diversity of racial preferences. 986 3. the mechanism of... 1998
Nicholas L. White KEEPING CURRENT PROPERTY 12-DEC Probate and Property 30 (November/December, 1998) Keeping CurrentProperty offers a look at selected recent cases, rulings and regulations, literature and legislation. The editors of Probate & Property welcome any suggestions and contributions from readers. ยท BANKRUPTCY: Chapter 13; tenants by the entirety. When a debtor and his nondebtor wife were found jointly liable for a secured debt, their... 1998
Michelle Adams KNOWING YOUR PLACE: THEORIZING SEXUAL HARASSMENT AT HOME 40 Arizona Law Review 17 (Spring 1998) The word home signifies a fundamental presumption in American culture: that an individual can preserve this one place--and no other--as private, secure, and inviolable. Sexual harassment in the home represents an invasion of this quintessentially private space. Sexual harassment at home raises different issues from sexual harassment at work, both... 1998
David G. Savage LAND OF OPPORTUNITY 84-OCT ABA Journal 34 (October, 1998) The Rehnquist Court over its 12 years has championed two causes with impressive consistency. The first is federalism, including the notion that elected city and state officials, not federal judges, should be entrusted with making the hard choices of government. When pressed, the Court has regularly deferred to decisions made by these officials and... 1998
Nicholas Blomley LANDSCAPES OF PROPERTY 32 Law and Society Review 567 (1998) If we want to explore the social dimensions of property, we need to think of it not only historically but also geographically, entailing both practices in and representations of social space. The concept of landscape is a useful bridging device here, given its double meaning as both a material space and as a particular way of seeing space.... 1998
Florence Wagman Roisman MANDATES UNSATISFIED: THE LOW INCOME HOUSING TAX CREDIT PROGRAM AND THE CIVIL RIGHTS LAWS 52 University of Miami Law Review 1011 (July, 1998) I. Introduction. 1011 II. The Low Income Housing Tax Credit Program. 1013 III. The Civil Rights Laws and the LIHTC Program. 1022 A. The Caselaw's Explication of the Duty Affirmatively to Further Title VIII. 1026 B. The Regulations' Explication of the Duty Affirmatively to Further Title VIII. 1029 IV. The Treasury's Obligations Under Title VIII... 1998
Edward A. Zelinsky METROPOLITANISM, PROGRESSIVISM, AND RACE 98 Columbia Law Review 665 (April, 1998) Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land... 1998
Frank H. Wu NEW PARADIGMS OF CIVIL RIGHTS: A REVIEW ESSAY 66 George Washington Law Review 698 (March, 1998) Can we become one America? In another era, the question might have been rhetorical. In our age, it sounds more like a plea than an inquiry. In a commencement address delivered at the University of California at San Diego on June 14, 1997, President William Jefferson Clinton asked, [C]an we become one America in the 21st Century? In his remarks,... 1998
Terry W. Frazier PROTECTING ECOLOGICAL INTEGRITY WITHIN THE BALANCING FUNCTION OF PROPERTY LAW 28 Environmental Law 53 (Spring 1998) Restraints on the uses of property due to environmental controls have greatly proliferated in the latter half of the twentieth century. With the rise of the environmental movement and an increased concern with the ecological health of the planet, many perceive these restraints to be wholly reasonable. However, a backlash to environmental controls... 1998
Michael J. Davis , Karen L. Gaus PROTECTING GROUP HOMES FOR THE NON-HANDICAPPED: ZONING IN THE POST-EDMONDS ERA 46 University of Kansas Law Review 777 (May, 1998) Few land use issues have drawn more recent attention from both courts and legislatures than those concerning zoning and group homes. At the heart of the problem lie the obvious cross-purposes of family zoning ordinances intended to maintain neighborhood tranquility and stability on the one hand, and the variety of statutes aimed at protecting... 1998
Michael Selmi PUBLIC VS. PRIVATE ENFORCEMENT OF CIVIL RIGHTS: THE CASE OF HOUSING AND EMPLOYMENT 45 UCLA Law Review 1401 (June, 1998) Introduction. 1402 I. Enforcement of the Fair Housing Act. 1405 A. The Government's Efforts. 1405 1. The Complaint Filing Process. 1406 2. The Administrative Process. 1411 3. Proceeding to Judgment: Choice of Forum. 1415 B. Government Efforts Compared to the Private Bar. 1416 C. Pattern and Practice Cases. 1422 1. Home Mortgage Discrimination. 1423... 1998
Margalynne Armstrong RACE AND PROPERTY VALUES IN ENTRENCHED SEGREGATION 52 University of Miami Law Review 1051 (July, 1998) I. Introduction. 1051 II. Prevailing Perceptions. 1053 III. The Convergence of Illogic and Reality. 1059 IV. Property Value and Anti-Discrimination Law. 1061 V. Conclusion. 1063 1998
John O. Calmore RACE/ISM LOST AND FOUND: THE FAIR HOUSING ACT AT THIRTY 52 University of Miami Law Review 1067 (July, 1998) I. Introduction. 1068 II. Racism in the 1990s: Its Changing but Central Significance. 1073 A. Polarized Conceptions of Racism: Expansive-Impersonal vs. Restrictive-Personal. 1073 B. The Reactionary Approach to Racism: Reductio Ad Absurdum . 1080 III. Racism's Reincorporation of Prejudice, Stereotype, and Rational Discrimination. 1087 A. The... 1998
Stephen A. Denburg RECLAIMING THEIR PAST: A SURVEY OF JEWISH EFFORTS TO RESTITUTE EUROPEAN PROPERTY 18 Boston College Third World Law Journal 233 (Spring, 1998) The current Swiss banking scandal has shed light on the fact that many European countries have not fully revealed the extent of, or have failed to compensate Jews for, the numerous assets and property holdings that were confiscated during the Nazi era. While the Swiss banks moved quickly to establish humanitarian funds and restitute Jewish assets,... 1998
James W. Ely, Jr. REFLECTIONS ON BUCHANAN V. WARLEY, PROPERTY RIGHTS, AND RACE 51 Vanderbilt Law Review 953 (May 1, 1998) I. Introduction. 953 II. Analysis of Klarman and Bernstein Articles. 954 A. Klarman. 954 B. Bernstein. 960 III. The Place of Property Rights in the Polity. 963 A. Property and Liberty. 963 B. Substantive Due Process. 966 1998
Veronica L. Spicer SEGREGATION IN FEDERALLY SUBSIDIZED LOW-INCOME HOUSING IN THE UNITED STATES, MODIBO COULIBALY, RODNEY D. GREEN, AND DAVID M. JAMES; TABLES, TABLE OF CONTENTS, APPENDIX, INDEX; 153 PAGES; HARDBACK. 30 Urban Lawyer 1106 (Fall, 1998) Segregation in Federally Subsidized Low-Income Housing in the United States provides in-depth, statistical analysis proving the dirty secret of income and race segregation in public housing. The myth of public housing, its role as a social safety net for the deserving poor, is exposed. The authors show the goal of public housing projects has... 1998
Jane M. Gaines THE ABSURDITY OF PROPERTY IN THE PERSON 10 Yale Journal of Law & the Humanities 537 (Summer 1998) I had some reticence about doing a talk about legal culture because my work had moved so far away from it in recent years. In the process of rethinking a book that was published in 1991, however, I was surprised to discover some carry-over issues, as most scholars must find when they undertake this exercise. But my new area of interest seemed to be... 1998
Peter E. Mahoney THE END(S) OF DISPARATE IMPACT: DOCTRINAL RECONSTRUCTION, FAIR HOUSING AND LENDING LAW, AND THE ANTIDISCRIMINATION PRINCIPLE 47 Emory Law Journal 409 (Spring 1998) Introduction: The Crisis of Disparate Impact Theory and the Muddle of Fair Housing and Lending Law. 411 I. Deconstructing the Disparate Impact Standard in Fair Housing Law: An Archaeological Study. 421 A. The Disparate Impact Standard in Employment Discrimination Cases Under Title VII. 421 1. Elements of the Title VII Employment Discrimination... 1998
Barbara Spillman Schweiger THE PATH OF E-LAW: LIBERTY, PROPERTY, AND DEMOCRACY FROM THE COLONIES TO THE REPUBLIC OF CYBERIA 24 Rutgers Computer and Technology Law Journal 223 (1998) One century ago, Oliver Wendell Holmes, Jr., then an Associate Justice of the Supreme Judicial Court of Massachusetts, announced to the legal community that [w]e are only at the beginning of a philosophical reaction, and of a reconsideration of the worth of doctrines which for the most part still are taken for granted without any deliberate,... 1998
Joan Williams THE RHETORIC OF PROPERTY 83 Iowa Law Review 277 (January 1, 1998) Introduction. 278 I. The Intuitive Image of Property. 280 A. The Intuitive Image of Absoluteness. 280 B. Who Holds the Intuitive Image of Property?. 283 C. Of Foxes, Chimney Sweeps, and Other Pressing Legal Issues: How Contemporary Casebooks Meld Absolutist Rhetoric with the Political Theory of Possessive Individualism. 284 D. Reading Feudal... 1998
Susan B. Eisner THERE'S NO PLACE LIKE HOME: HOUSING DISCRIMINATION AGAINST DISABLED PERSONS AND THE CONCEPT OF REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 14 New York Law School Journal of Human Rights 435 (WINTER 1998) Congress enacted Title VIII of the Civil Rights Act of 1968, often referred to as the Fair Housing Act (FHA), to prohibit housing discrimination on the basis of national origin, religion, race or color. In 1974, the FHA was amended to prohibit discrimination based on sex. Significantly, neither version of the law contained any prohibition of... 1998
Phyliss Craig-Taylor TO BE FREE: LIBERTY, CITIZENSHIP, PROPERTY, AND RACE 14 Harvard BlackLetter Law Journal 45 (Spring, 1998) Voltaire once described history as a pack of tricks that the present plays on the past. He failed to mention that the people of the past have their own dissembling pranks. The most troublesome for historians is the tendency to change without notice the meaning of words. Whole new concepts can take shape behind an unvarying set of terms. Nothing is... 1998
Maya Grosz TO HAVE AND TO HOLD: PROPERTY AND STATE REGULATION OF SEXUALITY AND MARRIAGE 24 New York University Review of Law and Social Change 235 (1998) In the 1967 decision Loving v. Virginia, the Supreme Court ended centuries of state prohibition of interracial sexual relationships. In Loving, the Court admitted that anti-miscegenation laws, which criminalized interracial sexual contacts and marriage, had contributed to the systemic subordination of people of color. In order to regulate marriage... 1998
Robin S. Golden TOWARD A MODEL OF COMMUNITY REPRESENTATION FOR LEGAL ASSISTANCE LAWYERING: EXAMINING THE ROLE OF LEGAL ASSISTANCE AGENCIES IN DRUG-RELATED EVICTIONS FROM PUBLIC HOUSING 17 Yale Law and Policy Review 527 (1998) Conflict over drug-related evictions of tenants from public housing projects is a thin strand in the tangled web of issues facing America's urban poor. It is a microcosm, however, of a larger dynamic that is the setting for this paper: the struggle between individual rights and community responsibility and the implications of that struggle for... 1998
Thomas G. Kelch TOWARD A NON-PROPERTY STATUS FOR ANIMALS 6 New York University Environmental Law Journal 531 (1998) In his thoughts, Herman spoke a eulogy for the mouse who had shared a portion of her life with him and who, because of him, had left this earth. What do they know--all these scholars, all these philosophers, all the leaders of the world--about such as you? They have convinced themselves that man, the worst transgressor of all the species, is the... 1998
Jane L. Scarborough WHAT IF THE BUTCHERS IN THE SLAUGHTER-HOUSE CASES HAD WON?: AN EXERCISE IN "COUNTERFACTUAL" DOCTRINE 50 Maine Law Review 211 (1998) The spirit of liberty is the spirit which is not too sure that it is right. In thinking about my contribution to this conference with the rather daunting task of exploring Law, Feminism & the 21st Century, I found myself reflecting upon the state of the law, or more particularly, constitutional law. As we prepare to end one century and begin... 1998
Wes Daniels "DERELICTS," RECURRING MISFORTUNE, ECONOMIC HARD TIMES AND LIFESTYLE CHOICES: JUDICIAL IMAGES OF HOMELESS LITIGANTS AND IMPLICATIONS FOR LEGAL ADVOCATES 45 Buffalo Law Review 687 (Fall 1997) Introduction Whether portrayed as derelicts, as victims of misfortune, or as people burdened by structural forces beyond their control, the image of homeless people as reflected in most court opinions is one of weakness, helplessness and despair. Such portrayals may seem necessary to legal advocates and decision-makers who want to find a way to... 1997
Kevin L. Hopkins A GOSPEL OF LAW 30 John Marshall Law Review 1039 (Summer 1997) Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997
W. David Koeninger A ROOM OF ONE'S OWN AND FIVE HUNDRED POUNDS BECOMES A PIECE OF PAPER AND "GET A JOB": EVALUATING CHANGES IN PUBLIC HOUSING POLICY FROM A FEMINIST PERSPECTIVE 16 Saint Louis University Public Law Review 445 (1997) When Dantrell Davis, a seven-year-old boy, was shot and killed by a gang member while walking to elementary school in October 1992, the Chicago public housing development called Cabrini-Green became known to the entire country. The incident received such attention because it provided the public with a neat reminder of everything that was wrong with... 1997
Brent E. Simmons AFFIRMATIVE ACTION: THE LEGISLATIVE DEBATE IN THE MICHIGAN HOUSE OF REPRESENTATIVES 14 Thomas M. Cooley Law Review 267 (1997) On November 5, 1996, California voters approved Proposition 209-the so-called California Civil Rights Initiative-by a 54% to 46% margin. Proposition 209 amends Article 1, Section 31(a) of the California Constitution to provide: The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of... 1997
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