John D. Echeverria THE POLITICS OF PROPERTY RIGHTS 50 Oklahoma Law Review 351 (Fall, 1997) Until about five years ago, the courts had essentially exclusive, rather sleepy dominion over the property rights issue. Today, legislation addressing the issue has been debated repeatedly in Congress and in almost every state legislature. Several state ballot contests have been fought over property rights. And property rights have become a... 1997
Brian E. Davis THE STATE GIVETH AND THE COURT TAKETH AWAY: PRESERVING THE MUNICIPALITY'S ABILITY TO ZONE FOR GROUP HOMES UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 59 University of Pittsburgh Law Review 193 (Fall 1997) The regulation of land use through local zoning and building codes is a matter of local concern. Nearly every state has surrendered, in whole or in part, that incident of its sovereignty to the local municipality. Indeed, zoning is one of the most basic functions performed by local governments. However, numerous courts have begun to erode the... 1997
Patrick Field, Jennifer Gilbert, Michael Wheeler TRADING THE POOR: INTERMUNICIPAL HOUSING NEGOTIATION IN NEW JERSEY 2 Harvard Negotiation Law Review 1 (Spring 1997) In 1993 the township of Wayne, New Jersey, agreed to pay more than eight million dollars to escape a state mandate that required it to provide nearly 500 units of affordable housing. This payment was not an illegal bribe to a highly placed state official; rather, it was a statutorily authorized deal with Paterson, a nearby city, which agreed to... 1997
Janet Ellen Stearns VOLUNTARY BONDS: THE IMPACT OF HABITAT II ON U.S. HOUSING POLICY 16 Saint Louis University Public Law Review 419 (1997) Here in Istanbul, independent, sovereign nations have come together in pursuit of a common goal: a world in which all people have access to decent and affordable housing; a world with neighborhoods that are free of street crime and assaults on personal safety; a world in which all people have access to the educational opportunities necessary to... 1997
Peter W. Salsich, Jr. WELFARE REFORM: IS SELF SUFFICIENCY FEASIBLE WITHOUT AFFORDABLE HOUSING? 2 Michigan Law and Policy Review 43 (1997) Two presidential actions during the height of the 1996 election campaign dramatized the inevitable link between federal housing and welfare policies. Both involved the approval of major domestic legislation, but as Jason DeParle of The New York Times Magazine observed, one action was attended to with presidential flair, the other was hardly... 1997
Robert C. McConkey III "CAMPING ORDINANCES" AND THE HOMELESS: CONSTITUTIONAL AND MORAL ISSUES RAISED BY ORDINANCES PROHIBITING SLEEPING IN PUBLIC AREAS 26 Cumberland Law Review 633 (1995-1996) In October 1992, after several years of conflict with its homeless population, the city of Santa Ana, California enacted an ordinance banning camping and the storage of personal property on public streets and other public grounds. The ordinance defines camping broadly as to pitch or occupy camp facilities; to live temporarily in a camp facility... 1996
William D. Green "CRITICAL MASS IS FIFTEEN COLORED'S!" DE FACTO & DE JURE POLICIES OF RACIAL ISOLATION IN ST. PAUL'S SCHOOLS AND HOUSING PATTERNS DURING THE 19TH CENTURY, AND BEYOND 17 Hamline Journal of Public Law and Policy 299 (Spring, 1996) For ten years, during the period when America was embroiled in the Civil War, St. Paulthe capital of one of the most liberal states in the Unionpersistently embarked on a policy that segregated black children from white children. It was a policy that reflected the times when northern blacks lived a paradoxical existence of being tolerated by... 1996
Keith Aoki (INTELLECTUAL) PROPERTY AND SOVEREIGNTY: NOTES TOWARD A CULTURAL GEOGRAPHY OF AUTHORSHIP 48 Stanford Law Review 1293 (May, 1996) Keith Aoki discusses the challenge that the rise of digital information technology poses to traditional legal conceptions of property. He chronicles the evolution of the idea of property and its relationship to sovereignty in Anglo-American law. In contrast to developments in other areas of property law, the legal characterization and... 1996
Alicia Alvarez A CALL FOR FAIRNESS: THE HISTORICAL AND CONTINUING EXCLUSION OF LATINOS FROM PUBLIC HOUSING IN CHICAGO 9 La Raza Law Journal 155 (1996) This article will discuss the problems faced by the Latino population of the City of Chicago (City) in accessing public and subsidized housing programs administered by the Chicago Housing Authority and the United States Department of Housing and Urban Development. Latinos have historically been excluded from these programs in Chicago. This... 1996
Thomas D. Russell A NEW IMAGE OF THE SLAVE AUCTION: AN EMPIRICAL LOOK AT THE ROLE OF LAW IN SLAVE SALES AND A CONCEPTUAL REEVALUATION OF SLAVE PROPERTY 18 Cardozo Law Review 473 (November, 1996) The slave auction is among the most powerful images in the history of the United States. Depictions of slave auctions vary, but of the recurring compositional elements, the most fearful and moving is the separation by sale of a young child from his or her mother. The slave auction image starkly represents the inhumanity of American slavery, the... 1996
Kenneth B. Clark BEYOND BROWN v. BOARD OF EDUCATION: HOUSING AND EDUCATION IN THE YEAR 2000 80 Minnesota Law Review 745 (April, 1996) The Supreme Court's 1954 decision in Brown v. Board of Education spawned a collective hope and dream for an end to racial segregation in American public schools. I joined in the optimism. I spoke and wrote buoyantly, confident in our future. At the time, I believed there would be positive changes within a decade or more. I thought that I, and the... 1996
Andrea Panjwani BEYOND THE BELTWAY: AFFIRMATIVE ACTION IN THE HOUSING CONTEXT 5-WTR Journal of Affordable Housing & Community Development Law 109 (Winter, 1996) There has been much discussion and debate about the constitutionality and efficacy of affirmative action in the contexts of education, employment, voting, and federal contracts. There is also a lower-profile controversy concerning affirmative action efforts in housing. Affirmative action efforts in housing include attempts by housing providers to... 1996
Gabriel J. Chin , Denise C. Morgan BREAKING INTO THE ACADEMY: THE 1996-97 MICHIGAN JOURNAL OF RACE & LAW GUIDE FOR ASPIRING LAW PROFESSORS 1 Michigan Journal of Race and Law 551 (Summer 1996) I was not very far into my law school experience when I realized that my professors had the best job in town--it took me quite a bit longer to discover that I, too, could get in on the deal. Do not misunderstand me: being a law professor is not easy. In fact, to be done correctly, the job requires a tremendous amount of intellectual energy and... 1996
Berta Esperanza Hernandez-Truyol BUILDING BRIDGES: BRINGING INTERNATIONAL HUMAN RIGHTS HOME 9 La Raza Law Journal 69 (Spring, 1996) This commentary on Building Bridges was prepared in connection with a panel presentation addressing the same theme by Latina/o law professors during the 1995 Hispanic National Bar Association's annual meeting in San Juan, Puerto Rico. It urges that we globalize our domestic legal practice by integrating international human rights norms as a means... 1996
Michelle R.K. Todus CITY OF EDMONDS V. OXFORD HOUSE, INC.: OPENING DOORS TO HOUSING FOR HANDICAPPED PERSONS 26 Golden Gate University Law Review 737 (Spring, 1996) In City of Edmonds v. Oxford House, Inc., the United States Supreme Court held that the Fair Housing Act's (hereinafter the FHA) broad exemption for local maximum occupancy restrictions did not apply to the City's single family zoning restrictions. Although the City's ordinance did not qualify for exemption from the FHA, the Supreme Court held... 1996
David Franklin CIVIL RIGHTS vs. CIVIL LIBERTIES? THE LEGALITY OF STATE COURT LAWSUITS UNDER THE FAIR HOUSING ACT 63 University of Chicago Law Review 1607 (Fall, 1996) Consider the following scenario: An individual contracts to purchase a house in a single-family neighborhood, intending to use the property as a group home for mentally handicapped teenagers. Local residents are concerned about the impact these newcomers will have on their neighborhood. The residents file a lawsuit in state court, seeking to enjoin... 1996
Stephen J. Zralek CIVIL RIGHTS-42 U.S.C. ยง 1982-EXPANDING PROTECTION TO INCLUDE NON-OWNER USERS OF PROPERTY UNITED STATES v. BROWN, 49 F. 3D 1162 (6TH CIR. 1995). 63 Tennessee Law Review 471 (Winter, 1996) On June 9, 1990, Jonathan David Brown met with fellow white supremacists Damion Patton and Leonard William Armstrong in Nashville. The next morning, at approximately 1:00 a.m., the three men rode along West End Avenue in Nashville as Armstrong fired several bullets into a synagogue. Later that morning, Patton was arrested. On June 11, 1990, Patton... 1996
Jack Vanhoorelbeke CIVIL RIGHTS--ZONING AND PLANNING--ZONING PROVISIONS THAT GOVERN AREAS ZONED FOR SINGLE-FAMILY DWELLINGS, DEFINING FAMILY AS PERSONS RELATED BY GENETICS, ADOPTION, MARRIAGE OR A GROUP OF FIVE OR FEWER UNRELATED PERSONS, DESCRIBE THOSE WHICH MAY COMPOSE A 74 University of Detroit Mercy Law Review 135 (Fall 1996) Oxford House operated a group home in Edmonds, Washington, and housed ten to twelve adults recovering from alcoholism and drug addiction in a neighborhood zoned as single-family residential. The City of Edmonds issued criminal citations to the owner and one resident of the group home. Oxford House was charged with violating the City's zoning code... 1996
Rebecca A. Wistner COHABITATION, FORNICATION AND THE FREE EXERCISE OF RELIGION: LANDLO RDS SEEKING RELIGIOUS EXEMPTION FROM FAIR HOUSING LAWS 46 Case Western Reserve Law Review 1071 (Summer 1996) Suppose that two individuals contact a landlord and tell her they are seeking rental housing. Upon learning that the couple is not married, the landlord refuses to rent an apartment to them, indicating that cohabitation is against her religion. The state fair housing law prohibits discrimination in housing on the basis of marital status, so the... 1996
Allen H. Sanders DAMAGING INDIAN TREATY FISHERIES: A VIOLATION OF TRIBAL PROPERTY RIGHTS? 17 Public Land & Resources Law Review 153 (1996) In seven decisions spanning over seventy years, the United States Supreme Court has upheld the unique value and solemn import of Indian treaty fishing rights. Uncertainty remains, however, over whether non-Indians may diminish or even destroy, with impunity, the fish that tribes have a treaty-secured right of taking. One case, pending in the Ninth... 1996
Jeanne L. Schroeder DEATH AND TRANSFIGURATION: THE MYTH THAT THE U.C.C. KILLED "PROPERTY" 69 Temple Law Review 1281 (Winter 1996) I. The Bundle of Sticks. 1282 A. The Myth of the Disaggregation of Property. 1282 B. The Gates of Horn and Ivory. 1284 C. Article 2 As Text. 1291 1. Evidence for the Disaggregation of Property. 1291 2. Article 2's Clandestine Affair with Title'. 1292 II. The Wit and Wisdom of Karl Llewellyn. 1294 A. Differentiating Property from Contract. 1295 B.... 1996
Mark A. Malaspina DEMANDING THE BEST: HOW TO RESTRUCTURE THE SECTION 8 HOUSEHOLD-BASED RENTAL ASSISTANCE PROGRAM 14 Yale Law and Policy Review 287 (1996) [The Section 8 household-based subsidy program] is a big and very effective program. It has virtually no downside except that it costs money to authorize more vouchers. . . . We don't have any problem getting landlords to accept Section 8 vouchers anywhere because they are guaranteed to be paid by the federal government. --Henry G. Cisneros,... 1996
Charles E. Connerly , Marc Smith DEVELOPING A FAIR SHARE HOUSING POLICY FOR FLORIDA 12 Journal of Land Use & Environmental Law 63 (Fall, 1996) I. Introduction. 63 II. The Need for Fair Share Housing in Florida. 67 III. Florida as a Test Case for Fair Share Housing. 68 IV. Fair Share Housing Practice Outside of Florida. 72 A. The Federal Government and Fair Share Housing. 73 B. California Housing Element Requirements for Fair Share Housing. 78 C. New Jersey Fair Housing Law. 80 D.... 1996
Kimberly E. O'Leary DIALOGUE, PERSPECTIVE AND POINT OF VIEW AS LAWYERING METHOD: A NEW APPROACH TO EVALUATING ANTI-CRIME MEASURES IN SUBSIDIZED HOUSING 49 Washington University Journal of Urban and Contemporary Law 133 (Summer 1996) During the past decade, this country's subsidized housing residents have seen incidents of violent crime increase dramatically in their communities. Across the country, local law enforcement and housing authorities have joined together to develop a variety of anti-crime measures. At the federal level, the Department of Housing and Urban Development... 1996
Kevin J. Zanner DISPERSION REQUIREMENTS FOR THE SITING OF GROUP HOMES: RECONCILING NEW YORK'S PADAVAN LAW WITH THE FAIR HOUSING AMENDMENTS ACT OF 1988 44 Buffalo Law Review 249 (Winter 1996) Under such a regulation, it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. The deinstitutionalization of individuals with mental and physical handicaps through the use of residential group home... 1996
Kristopher E. Ahrend EFFECT, OR NO EFFECT: A COMPARISON OF PRIMA FACIE STANDARDS APPLIED IN "DISPARATE IMPACT" CASES BROUGHT UNDER THE FAIR HOUSING ACT (TITLE VIII) 2 Race and Ethnic Ancestry Law Digest 64 (Spring, 1996) L1-4Table of Contents L1-4 I. L2-4Introduction L1-4 II. L2-4An Analysis of the Prima Facie Standards Applied to Disparate Impact Claims Brought Under the Fair Housing Act (FHA) A. L3-4The Split as Noted Within the Ninth Circuit B. L3-4The Effect-Only Standard 1. United States v. City of Black Jack 2. Resident Advisory Board v. Rizzo C. L3-4The... 1996
Marc R. Poirier ENVIRONMENTAL JUSTICE AND THE BEACH ACCESS MOVEMENTS OF THE 1970S IN CONNECTICUT AND NEW JERSEY: STORIES OF PROPERTY AND CIVIL RIGHTS 28 Connecticut Law Review 719 (Spring, 1996) I. Introduction II. Setting the Stage: Some Theoretical Predicates Concerning Beach Access and the Rhetoric of Law and Social Movements A. Property and Civil Rights Frameworks for Beach Access Narratives 1. The Property Approach 2. The Civil Rights Approach B. The Uses of Counternarrative C. The Importance of Studying the Interplay of Stories III.... 1996
Judith E. Koons FAIR HOUSING AND COMMUNITY EMPOWERMENT: WHERE THE ROOF MEETS REDEMPTION 4 Georgetown Journal on Fighting Poverty 75 (Fall, 1996) Litigation as a Tool and Site of Empowerment in Preserving a Historic African-American Community from Municipal Destruction I. Introduction. 77 A. Miss Olivia's Dream. 77 B. The Struggle for Civil Rights. 78 1. From Canaan to Cocoa. 78 2. The Enduring Problem of the Color-Line. 79 3. Law as Tool and Terrain of Spiritual Change. 79 C. Overview of... 1996
Ilene J. Jacobs FARMWORKER HOUSING IN CALIFORNIA 9 La Raza Law Journal 177 (1996) It is always a little humbling to be asked to talk about farm worker housing, since I doubt that as a farm worker housing advocate I have the courage or the fortitude to face the conditions that farm workers face. I can only speak about being a farm worker housing advocate. I was reminded recently that conditions for farm workers have not changed... 1996
Paula Beck FIGHTING SECTION 8 DISCRIMINATION: THE FAIR HOUSING ACT'S NEW FRONTIER 31 Harvard Civil Rights-Civil Liberties Law Review 155 (Winter, 1996) After showing a six-bedroom house in a middle-class, primarily white Somerville, Massachusetts neighborhood to a Section 8 subsidized family of eight, a landlord expresses concern that the house is not large enough. He proceeds to show them a house that he thinks will be more acceptable. This house, however, is in a primarily African American... 1996
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