Daniel W. Barkley BEYOND THE BELTWAY 7-Fall Journal of Affordable Housing & Community Development Law 11 (Fall, 1997) In light of the Fair Housing Act's declared purpose to provide . for fair housing throughout the United States, it is not far-fetched to assume that the Act seeks to address not only the quantity but also the quality of housing or, to borrow the terms of one court, not only the availability but also the habitability of housing. However, a... 1997
Daniel Barkley BEYOND THE BELTWAY: FAIR HOUSING AND THE FIRST AMENDMENT 6-SPG Journal of Affordable Housing & Community Development Law 169 (Spring, 1997) After the passage of the Fair Housing Amendments Act, a number of housing providers brought lawsuits against third parties, usually neighbors, who opposed and attempted in some cases to interfere with the provision of housing for members of a particular protected class. Typically, a developer or a state agency attempted to buy or develop property... 1997
Paul Holmes Masters CITY OF EDMONDS v. OXFORD HOUSE: GROUP HOMES IN THE FAMILY'S BACKYARD 11 BYU Journal of Public Law 141 (1997) One of the basic building block[s] of communities throughout the United States are districts set aside by local zoning ordinances for residential use by single families. Single-family zones have been protected by the United States Supreme Court for over sixty-nine years. They effectively discriminate against the handicapped by excluding group... 1997
Scott Casher CIVIL RIGHTS--CLOSING A LOOPHOLE IN THE FAIR HOUSING ACT--CITY OF EDMONDS v. OXFORD HOUSE, INC., 115 S. CT. 1776 (1995). 70 Temple Law Review 369 (Spring 1997) A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs. . . . The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion... 1997
Sally R. Weaver CLIENT CONFIDENCES IN DISPUTES BETWEEN IN-HOUSE ATTORNEYS AND THEIR EMPLOYER-CLIENTS: MUCH ADO ABOUT NOTHING -- OR SOMETHING? 30 U.C. Davis Law Review 483 (Winter 1997) Introduction 485 I. A Historical Analysis. 491 A. The Tort of Retaliatory Discharge. 491 B. Employment-Related Claims by In-House Attorneys Against Their Employer-Clients. 492 C. The Right of In-House Attorneys to Sue for Retaliatory Discharge. 493 1. Common Themes in Cases Denying In-House Attorneys the Right to Sue for Retaliatory Discharge. 494... 1997
Meredith Lee Bryant COMBATING SCHOOL RESEGREGATION THROUGH HOUSING: A NEED FOR A RECONCEPTUALIZATION OF AMERICAN DEMOCRACY AND THE RIGHTS IT PROTECTS 13 Harvard Blackletter Law Journal 127 (Spring, 1997) In June of 1995, the Supreme Court delivered its most recent blow to the fulfillment of racial equality in America. In Missouri v. Jenkins, a case involving school desegregation in Kansas City, the Court denied minority children the right to attend integrated schools. The rationale: the minority children's addresses fell within, rather than... 1997
Peter J. Vodola CONNECTICUT'S AFFORDABLE HOUSING APPEALS PROCEDURE LAW IN PRACTICE 29 Connecticut Law Review 1235 (Spring, 1997) In 1995, the Connecticut Supreme Court upheld a lower court decision allowing a local developer to build up to ninety housing units of affordable housing on forty-eight acres in Danbury. The percentage of housing units in Danbury that meet the Affordable Housing Land Use Appeals Procedure Act's statutory definition of affordable housing is 9.79%.... 1997
Jim Chen EMBRYONIC THOUGHTS ON RACIAL IDENTITY AS NEW PROPERTY 68 University of Colorado Law Review 1123 (Fall 1997) Bakke has come of age. In the nineteen years since Justice Lewis Powell proclaimed that diversity clearly is a constitutionally permissible goal for an institution of higher education, Bakke has become a transformative, even religious experience for champions of race-based educational affirmative action. For Michael A. Olivas, the survival of... 1997
J. Mark Powell FAIR HOUSING IN THE UNITED STATES: A LEGAL RESPONSE TO MUNICIPAL INTRANSIGENCE 1997 University of Illinois Law Review 279 (1997) Despite the passage of the Fair Housing Act in 1968, rising housing costs and enduring racism continue to limit the availability of affordable housing to minority families. Commentators agree that thus far both judicial and legislative approaches to the problem have proven ineffective. Legal challenges to discriminatory government action, whether... 1997
Jason Dzubow FEAR-FREE PUBLIC HOUSING?: AN EVALUATION OF HUD'S "ONE STRIKE AND YOU'RE OUT" HOUSING POLICY 6 Temple Political & Civil Rights Law Review 55 (Fall 1996-Spring 1997) Tommy Lee Hogan had already been named in two warrants for assaulting his ex-girlfriend when he walked into a Krystal Kwik restaurant in Milledgeville, Georgia, on March 29, 1996, and shot her in the head. The eighteen-year-old then turned the gun on himself and committed suicide. Less then two weeks after her son's death, Sherry Hogan received an... 1997
Eugene R. Gaetke , Robert G. Schwemm GOVERNMENT LAWYERS AND THEIR PRIVATE "CLIENTS" UNDER THE FAIR HOUSING ACT 65 George Washington Law Review 329 (March, 1997) In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act (FHAA) authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases on behalf of persons aggrieved by housing discrimination.... 1997
Christina Victoria Tusan HOMELESS FAMILIES FROM 1980-1996: CASUALTIES OF DECLINING SUPPORT FOR THE WAR ON POVERTY 70 Southern California Law Review 1141 (May, 1997) I. INTRODUCTION. 1142 II. A PORTRAIT OF HOMELESS FAMILIES: DISPELLING THE MYTHS. 1146 A. Mental Illness. 1148 B. Substance Abuse. 1153 C. Marital Status. 1157 D. History of Work and History of Dependence on Welfare. 1162 E. Criminal Activity. 1165 III. FACTORS CONTRIBUTING TO HOMELESSNESS. 1166 A. Declining Income Levels. 1167 B. Decreases in... 1997
James E. Robertson HOUSES OF THE DEAD: WAREHOUSE PRISONS, PARADIGM CHANGE, AND THE SUPREME COURT 34 Houston Law Review 1003 (Winter 1997) C1-3Table of Contents I. Introduction. 1004 II. The Paradigm Shift. 1008 A. From Corporal Punishment to Warehouse Prisons. 1008 B. The New Penal Regime. 1015 1. Public Access. 1015 2. Injury-Type. 1017 3. Culpability. 1020 III. The Contemporary Warehouse Prison. 1022 A. Warehousing Defined. 1022 B. The Origins of Warehousing. 1026 C. Warehousing As... 1997
Cheryl P. Derricotte POVERTY AND PROPERTY IN THE UNITED STATES: A PRIMER ON THE ECONOMIC IMPACT OF HOUSING DISCRIMINATION AND THE IMPORTANCE OF A U.S. RIGHT TO HOUSING 40 Howard Law Journal 689 (Spring 1997) This essay is dedicated to our collective memory of those who thrived, fought, died and in all too few instances survived, (places like) Rosewood, FL. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and... 1997
Mark Cordes PROPERTY AND THE FIRST AMENDMENT 31 University of Richmond Law Review 1 (January, 1997) The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these... 1997
Marc R. Poirier PROPERTY, ENVIRONMENT, COMMUNITY 12 Journal of Environmental Law & Litigation 43 (1997) Too often I have heard or read set pieces on the topic of property rights and the environment. They seem to come in two flavors. The property rights encomium lauds the institution of private property as the guardian of every other right and the best hope for individual freedom in a world of suspect majoritarian government. The environmental... 1997
Aya Gruber PUBLIC HOUSING IN SINGAPORE: THE USE OF ENDS-BASED REASONING IN THE QUEST FOR A WORKABLE SYSTEM 38 Harvard International Law Journal 236 (Winter, 1997) Singapore's monumental achievements in public housing have astounded supporters and critics alike. Law Professor W.J.M. Ricquier of the National University of Singapore has stated, To say that {Singapore's housing} achievements have been Herculean would scarcely be an exaggeration. Many applaud the Singapore government for transforming a tiny,... 1997
F. Willis Caruso , Mark Brennan PUBLIC HOUSING PRIVATIZATION USING SECTION 8 VOUCHERS AND I.R.C. SECTION 42 LOW-INCOME HOUSING TAX CREDITS IN CONNECTION WITH THE USE OF LEASE TO PURCHASE OPTIONS 16 Saint Louis University Public Law Review 355 (1997) Since the enactment of the Tax Reform Act of 1986, the continued presence of high interest rates, the downsizing of the federal government, especially the Department of Housing and Urban Development (HUD), and the cut back of all but a few of HUD's federal housing programs have made developing affordable housing more difficult in the 1990s. With... 1997
Sigrid Kun RACE HORSES AND INTELLECTUAL PROPERTY RIGHTS: RACING TOWARDS RECOGNITION? 17 QLR 207 (Summer 1997) The champion racehorse Cigar is now in retirement. His sixteen-race unbeaten streak, equaling the modern day record of Citation, is now history. Cigar, however, may become important to the horse racing world, particularly the horse owners, in a quite different manner. Cigar may be forging a path to judicial recognition of intellectual property... 1997
Ian S. Tattenbaum RENEWAL FOR THE 1990S: AN ANALYSIS OF NEW YORK CITY REDEVELOPMENT PROGRAMS IN LIGHT OF TITLE I OF THE HOUSING ACT OF 1949 6 New York University Environmental Law Journal 220 (1997) Introduction. 221 I. Title I and its Historical Foundations. 223 A. Title I. 223 B. The Physical Redevelopment Paradigm. 226 1. The Birth of American Urban Planning. 226 2. Suburbanization and the Obsolescence of Cities. 227 II. Title I in New York City. 228 A. New York State Historical Context. 229 B. Title I Funding in New York City. 230 C.... 1997
Chester Hartman REPORT ON THE AFFORDABLE HOUSING COLLOQUIUM CONFERENCE ON DEVELOPING A RESEARCH AGENDA TO MOVE THE NATION TOWARDS A RIGHT TO DECENT, AFFORDABLE HOUSING HELD AT SETON HALL LAW SCHOOL ON OCTOBER 24, 1997. 27 Seton Hall Law Review 1496a (1997) Following the Affordable Housing Colloquium Conference-- Mount Laurel: What Lessons Have We Learned?, the Colloquium called together housing researchers for a conference to develop a national housing research agenda that would advance the nation to the goal of decent, affordable housing for all. In attendance: Rachel Bratt (Tufts), David Bryson... 1997
Deborah Dubroff SEXUAL HARASSMENT, FAIR HOUSING, AND REMEDIES: EXPANDING STATUTORY REMEDIES INTO A COMMON LAW FRAMEWORK 19 Thomas Jefferson Law Review 215 (Summer 1997) Claire, a single mother, rents an apartment in a building in California from her landlord Stanley who lives in a house next door. She pays Stanley her first month's rent and a deposit ($600 and $500 respectively). Shortly after moving in, Stanley begins a pattern of sexually propositioning Claire who explicitly rebuffs each advance. Stanley leers... 1997
Brian Gardiner SQUATTERS' RIGHTS AND ADVERSE POSSESSION: A SEARCH FOR EQUITABLE APPLICATION OF PROPERTY LAWS 8 Indiana International & Comparative Law Review 119 (1997) Human history has been an endless struggle for control of the earth's surface; and conquest, or the acquisition of property by force, has been one of its more ruthless expedients. With the surge of population from the rural lands to the cities, a new type of conquest has been manifesting itself in the cites of the developing world. Its form is... 1997
Glenn P. Sugameli TAKINGS BILLS THREATEN PRIVATE PROPERTY, PEOPLE, AND THE ENVIRONMENT 8 Fordham Environmental Law Journal 521 (1997) Proponents of takings bills rely on two unfounded claims: that takings bills will protect private property and that such bills track the Constitution's Fifth Amendment clause, nor shall private property be taken for public use, without just compensation. In fact, as this article demonstrates, takings bills would harm property and other rights... 1997
Leif Wenar THE CONCEPT OF PROPERTY AND THE TAKINGS CLAUSE 97 Columbia Law Review 1923 (October, 1997) Leif Wenar examines the impact on takings scholarship of the redefinition of property early in the twentieth century. He argues that the Hohfeldian characterization of property as rights (instead of as tangible things) forced major scholars such as Michelman, Sax, and Epstein into extreme interpretations of the Takings Clause. This extremism is... 1997
Carol Pressman THE HOUSE THAT RUTH BUILT: JUSTICE RUTH BADER GINSBURG, GENDER AND JUSTICE 14 New York Law School Journal of Human Rights 311 (Symposium, 1997) In 1959, Justice Ruth Bader Ginsburg and eleven other female law students graduated from Columbia Law School. Despite graduating first. in her class, she received no offers from law firms. I applied for clerkships to every judge in the southern district, in the eastern district, and again, no one was interested. Finding her first job out of law... 1997
Deborah Zalesne THE INTERSECTION OF SOCIOECONOMIC CLASS AND GENDER IN HOSTILE HOUSING ENVIRONMENT CLAIMS UNDER TITLE VIII: WHO IS THE REASONABLE PERSON? 38 Boston College Law Review 861 (September, 1997) Sexual Harassment, most broadly defined, refers to the unwanted imposition of sexual requirements in the context of a relationship of unequal power. -Catharine A. MacKinnon The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; but the... 1997
Mairi N. Morrison THE KNOWLEDGE/POWER DILEMMA AND THE MYTH OF THE SUPERMOTHER : A CRITIQUE OF THE INNOCENT OWNER DEFENSE IN NARCOTICS FORFEITURE OF THE FAMILY HOME 7 Columbia Journal of Gender and Law 55 (1997) In the projects, somebody can call your mother a one-legged whore who does nasty tricks for men for five dollars and she will be the most important influential person in your childhood. She is the only one a child can depend upon for survival.But aren't all mothers everywhere the control figure in the eyes of a child? Mostly the answer is yes. But... 1997
Corinne Anne Carey THE NEED FOR COMMUNITY-BASED HOUSING DEVELOPMENT IN INTEGRATION EFFORTS 7-Fall Journal of Affordable Housing & Community Development Law 85 (Fall, 1997) The community that seeks to seal itself off from the social crises of our time to live in quiet luxury in the midst of segregate squalor, is violating the most basic standards of morality.. A balanced housing supply, on the other hand, brings with it all the advantages of cultural diversity, and the satisfaction of contributing one's share toward... 1997
W. Dennis Keating THE PARMA HOUSING RACIAL DISCRIMINATION REMEDY REVISITED 45 Cleveland State Law Review 235 (1997) I. Introduction. 235 II. United States v. Parma: The Fair Housing Lawsuit (1973-1980). 237 III. The Original Remedy: 1980-1982. 239 IV. Implementation of the Original Remedy (1982-1996). 241 V. The New Remedy: 1996. 243 VI. Conclusion. 248 1997
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