Cheryl I. Harris FINDING SOJOURNER'S TRUTH: RACE, GENDER, AND THE INSTITUTION OF PROPERTY 18 Cardozo Law Review 309 (November, 1996) I want to say a few words about this matter. I am for a woman's rights. I have as much muscle as any man and can do as much work as any man. I have plowed and reaped and husked and chopped and mowed, and can any man do more than that? I have heard much about the sexes being equal; I can carry as much as any man, and can eat as much too, if I can... 1996
Cecil J. Hunt, II GUESTS IN ANOTHER'S HOUSE: AN ANALYSIS OF RACIALLY DISPARATE BAR PERFORMANCE 23 Florida State University Law Review 721 (Winter, 1996) I. INTRODUCTION. 722 II. THE ABSENCE OF DATA. 726 A. State Practices. 726 B. State Studies. 728 C. Law School Admission Council Bar Study. 729 III. JUDICIAL CHALLENGES TO THE BAR EXAMINATION ON THE BASIS OF UNLAWFUL RACIAL DISCRIMINATION. 733 A. The Judicial Record. 733 1. Tyler v. Vickery. 734 2. Parrish v. Board of Commissioners of the Alabama... 1996
Michael P. Seng HATE SPEECH AND ENFORCEMENT OF THE FAIR HOUSING LAWS 29 John Marshall Law Review 409 (Winter 1996) Aggressive enforcement of the fair housing laws need not be at the expense of the First Amendment. The Fair Housing Act (the Act) broadly prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin and disability. Specifically, the Act makes it unlawful to coerce, intimidate, threaten or interfere... 1996
Julian Bond HISTORICAL PERSPECTIVES ON FAIR HOUSING 29 John Marshall Law Review 315 (Winter 1996) Last year and the first months of 1995 have been filled with observances which mark anniversaries of important events that have occurred in our nation's history. From these events, many quintessential American stories have developed -- stories lived and told by people who believe in a tomorrow. On June 8, 1944, fifty years ago last summer, my... 1996
Jason Dzubow HUD SHUTS THE DOOR: RESTRICTIONS ON HOUSING ASSISTANCE TO NONCITIZENS 2 Hispanic Law Journal 47 (1996) I. Introduction. 48 II. The History of the Proposed Regulation. 50 III. The Current Proposed Regulation. 54 A. Restrictions on Assistance to Noncitizens. 55 B. The Impact of the Proposed Regulation. 59 IV. Legal Challenges to the Proposed Regulation. 65 A. Challenges to the System of Proration. 65 B. Challenges to the Regulation's Definition of... 1996
Robert Hochstein JEWISH PROPERTY RESTITUTION IN THE CZECH REPUBLIC 19 Boston College International and Comparative Law Review 423 (Summer, 1996) The restitution of expropriated property has often been used to redress wrongs committed by prior regimes. Restitution of Jewish property was an integral part of the Federal Republic of Germany's (FRG) settlement talks with Israel after the fall of the Third Reich. Similarly, in the aftermath of communism, many Eastern European countries have made... 1996
Nicholas L. White KEEPING CURRENT - PROPERTY 10-APR Probate and Property 29 (March/April, 1996) Keeping Current--Property 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. BANKRUPTCY: Discharge does not bar foreclosure. While debtor's personal liability on a mortgage note is discharged, the mortgage lien is... 1996
Peter Halewood LAW'S BODIES: DISEMBODIMENT AND THE STRUCTURE OF LIBERAL PROPERTY RIGHTS 81 Iowa Law Review 1331 (July 1, 1996) I. Introduction: Personhood, Property Rights, and Commodification of the Body. 1332 II. Problems Confronting Liberal Legal Theories of Personhood and Property Rights. 1342 A. Liberal Legalism and the Body. 1342 B. Liberal Legal Formalism and Normativity. 1346 III. Origins of Liberal Legalism's Commitment to the Disembodied Self: Kant on the... 1996
David Abraham LIBERTY WITHOUT EQUALITY: THE PROPERTY-RIGHTS CONNECTION IN A "NEGATIVE CITIZENSHIP" REGIME 21 Law and Social Inquiry 1 (Winter, 1996) Why, in comparison with other liberal capitalist democracies, is the social welfare state so poorly anchored in American law and public discourse? Surely American political and social history have contributed much to the weakness of our social state. But law, too, has played a significant material, as well as ideological, role and has provided... 1996
John A. Powell LIVING AND LEARNING: LINKING HOUSING AND EDUCATION 80 Minnesota Law Review 749 (April, 1996) As courts struggle with how to remedy racial segregation in America's public schools, confusion persists over who bears ultimate responsibility for the harm of segregation, or even what constitutes harm in the context of segregation. Justice Thurgood Marshall, in his dissent from the Supreme Court's decision in Milliken v. Bradley, broadly... 1996
Michael H. Schill LOCAL ENFORCEMENT OF LAWS PROHIBITING DISCRIMINATION IN HOUSING: THE NEW YORK CITY HUMAN RIGHTS COMMISSION 23 Fordham Urban Law Journal 991 (Summer 1996) The year 1995 marks the fortieth anniversary of the New York City Human Rights Commission. Founded in 1955 by Mayor Fiorello LaGuardia, the Commission began its life primarily dedicated to promoting open housing for New York's racial and ethnic minorities. Two years after it was created, the Commission took on an important role in enforcing the... 1996
Sarah Rigdon Bensinger MAXIMIZING DAMAGES FOR FAIR HOUSING ORGANIZATIONS UNDER THE FAIR HOUSING ACT 5-SPG Journal of Affordable Housing & Community Development Law 227 (Spring, 1996) Despite the efforts of lawmakers over the past thirty years, discrimination in housing still pervades the United States. Today, litigation against those who discriminate remains one of the most effective tools for promoting equal housing opportunity for all. To ensure such equal opportunity, Congress enacted the Fair Housing Act of 1968 (FHA) to... 1996
Robert Hornstein MEAN THINGS HAPPENING IN THIS LAND : DEFENDING THIRD PARTY CRIMINAL ACTIVITY PUBLIC HOUSING EVICTIONS 23 Southern University Law Review 257 (Spring 1996) The greatest of our evils and the worst of our crimes is poverty. In 1989, United States Department of Housing and Urban Development (hereinafter HUD) Secretary Jack Kemp declared: I am determined that federal taxpayers will not be required to subsidize the rent of drug dealers and users or violent criminals. The year before--which was the year... 1996
Joseph William Singer NO RIGHT TO EXCLUDE: PUBLIC ACCOMMODATIONS AND PRIVATE PROPERTY 90 Northwestern University Law Review 1283 (Summer 1996) I. The Puzzling Gap in Public Accommodations Law. 1286 A. Why Retail Stores May Not Be Public Accommodations. 1286 B. What is Surprising About the Common-Law Rule. 1291 C. Outline of the Argument. 1298 II. The Hidden History of The Duty to Serve. 1303 A. The Antebellum Period and Preclassical Legal Thought. 1303 1. The Scope of Public... 1996
Deborah Kenn ONE NATION'S DREAM, ANOTHER'S REALITY: HOUSING JUSTICE IN SWEDEN 22 Brooklyn Journal of International Law 63 (1996) A country where everyone lives in decent housing which costs less than 25% of their income? A country where everyone has the choice between rental housing, cooperative housing, and single-family housing? A country where lack of individual financial resources does not relegate one to living in central city slums? A dream world? No. Affordable,... 1996
Jeremy Adelman PROPERTY RULES OR THE RULE OF PROPERTY? CAROL ROSE ON THE HISTORY, THEORY, AND RHETORIC OF OWNERSHIP 21 Law and Social Inquiry 1041 (Fall, 1996) The past 15 years have witnessed a dramatic shift in balance between public and private power. Newt Gingrich's revival of the traditional skein of American contractualism and efforts to blend it with an apocalyptic technological determinism is more than a legislative turn. It culminates a battle over the role of law in economic development. The... 1996
Louis Kaplow, Steven Shavell PROPERTY RULES VERSUS LIABILITY RULES: AN ECONOMIC ANALYSIS 109 Harvard Law Review 713 (February, 1996) C1-3TABLE OF CONTENTS PAGE I. Introduction. 715 II. Harmful Externalities. 723 A. Parties Do Not Bargain with Each Other. 724 1. State's Information Is Perfect. 724 2. State's Information Is Imperfect. 725 3. Concerns About the Use of Liability Rules When the State's Information Is Imperfect. 728 (a) The Possibility That Difficulty in Estimating... 1996
Margaret A. Burnham PROPERTY, PARENTHOOD, AND PEONAGE: REFLECTIONS ON THE RETURN TO STATUS QUO ANTEBELLUM 18 Cardozo Law Review 433 (November, 1996) Cheryl Harris demonstrates how intertwining racial and gender boundaries, whose shadows are long, longstanding, and ominous, were initially constructed around the legal principle of human chattel as personal property. She insightfully argues that slavery inextricably linked the concepts of race and property in the American legal imagination; that... 1996
Justin D. Cummins RECASTING FAIR SHARE: TOWARD EFFECTIVE HOUSING LAW AND PRINCIPLED SOCIAL POLICY 14 Law & Inequality: A Journal of Theory and Practice 339 (June, 1996) Introduction 340 I. The Context and Consequences of Current Legal and Policy Failure 341 A. The Significance of Housing: The Close Nexus with Critical Institutions 342 B. The History of Housing Patterns: Free-Market Choice for Some 351 C. The Ramifications of a Racialized Housing Market: Regional Decline 358 D. The Aftermath of the Fair Housing... 1996
Joan Williams RECOVERING THE FULL COMPLEXITY OF OUR TRADITIONS: NEW DEVELOPMENTS IN PROPERTY THEORY 46 Journal of Legal Education 596 (December, 1996) Common sense is not what the mind cleared of cant spontaneously apprehends; it is what the mind filled with presuppositions ... concludes. Any essay on theory must begin by remembering that legal education is plagued not only by too little theory but by too little focus on practice. I remember my distress as a student when I completed a full-year... 1996
Michael Kent Curtis RESURRECTING THE PRIVILEGES OR IMMUNITIES CLAUSE AND REVISING THE SLAUGHTER–HOUSE CASES WITHOUT EXHUMING LOCHNER: INDIVIDUAL RIGHTS AND THE FOURTEENTH AMENDMENT 38 Boston College Law Review 1 (December, 1996) The decision in the SlaughterHouse Cases liquidated the Privileges or Immunities Clause of the Fourteenth Amendment. The Clause has never been resurrected. On the larger question of national protection for civil liberties, the decision no longer means what it says because much of the damage done by SlaughterHouse has been corrected under the Due... 1996
Michelle Adams SEPARATE AND [UN]EQUAL: HOUSING CHOICE, MOBILITY, AND EQUALIZATION IN THE FEDERALLY SUBSIDIZED HOUSING PROGRAM 71 Tulane Law Review 413 (December, 1996) The history of racial discrimination and inequality in the federally subsidized housing program is extensive and well-documented. For a number of years, commentators have sought to identify types of systemic housing discrimination and determine appropriate remedies for it. Advocates of two commonly discussed methods of remediation--spatial equality... 1996
Stewart M. Wiener SUBSTANTIVE DUE PROCESS IN THE TWILIGHT ZONE: PROTECTING PROPERTY INTERESTS FROM ARBITRARY LAND USE DECISIONS 69 Temple Law Review 1467 (Winter 1996) Government is no more wise, compassionate, or understanding when it regulates the economic marketplace than when it censors expression. In zoning matters . . . [c]onsiderations fundamental to the purpose of land-use regulation are swept away as the authorities succumb to their own desires and fears as well as [the desires] of those who exert most... 1996
Rosemarie Maldonado , Robert D. Rose THE APPLICATION OF CIVIL RIGHTS LAWS TO HOUSING COOPERATIVES: ARE CO-OPS BASTIONS OF DISCRIMINATORY EXCLUSION OR SELF-SELECTING MODELS OF COMMUNITY-BASED LIVING? 23 Fordham Urban Law Journal 1245 (Summer 1996) New York City has the largest market for cooperative apartments in the nation. The popularity of cooperatives is due, at least in part, to their self-governing aspect, which is effectuated by a board of directors. Self-governance enables tenant-shareholders to carefully maintain and control their living environment including who gains admission to... 1996
Mary Caroline Lee THE CONFLICT BETWEEN "FAIR HOUSING" AND FREE SPEECH 4 William & Mary Bill of Rights Journal 1223 (Summer 1996) Under the Fair Housing Act and its 1988 amendments, the Department of Housing and Urban Development has the power to investigate alleged discrimination in public housing. The targets of these investigations are often neighborhood organizations and community groups voicing their opposition to the placement of public housing in their neighborhoods.... 1996
Scott A. Johnson THE CONFLICT BETWEEN RELIGIOUS EXERCISE AND EFFORTS TO ERADICATE HOUSING DISCRIMINATION AGAINST NONTRADITIONAL COUPLES: SHOULD FREE EXERCISE PROTECT LANDLORD BIAS? 53 Washington and Lee Law Review 351 (1996) Traditional religious beliefs have increasingly come under fire in today's society, in part due to the widening gulf that exists between the morals and ideals of traditional religions and the views of modern secular society. The rise of the religious right in the political arena has brought about a rhetoric derogatory of all who place religion as... 1996
Lorne Sossin THE CRIMINALIZATION AND ADMINISTRATION OF THE HOMELESS: NOTES ON THE POSSIBILITIES AND LIMITS OF BUREAUCRATIC ENGAGEMENT 22 New York University Review of Law and Social Change 623 (1996) Introduction. 624 I. The Homeless. 634 A. A Diverse Community. 634 B. Causes of Homelessness. 637 C. The Changing Nature of the Public's Response to Homelessness. 638 II. The Legal Regime of Homelessness. 640 A. Criminalizing Homelessness. 640 1. Anti-Panhandling Laws. 640 2. The Fall of Vagrancy and Loitering Laws and the Rise of Other Forms of... 1996
Corina R. Caplan THE DECLINE AND RECENT REVIVAL OF ABSOLUTE VICARIOUS LIABILITY UNDER THE FAIR HOUSING ACT 48 Rutgers Law Review 581 (Winter 1996) Congress enacted the Fair Housing Act (FHA or Act) in 1968 to provide, within constitutional limitations, for fair housing throughout the United States. This ambitious law codified the right to equal opportunity in obtaining various types of real estate-related services, and promised to induce widespread improvements in America's segregated... 1996
Jim Morales THE EMERGENCE OF FAIR HOUSING PROTECTIONS AGAINST ARBITRARY OCCUPANCY STANDARDS 9 La Raza Law Journal 103 (1996) Historically, young families in this country, particularly those with low incomes, have maximized the use of space in their homes when they have children. A recent article in The New York Times provides an example from the biography of Senator Bob Dole: Mr. Dole grew up on the north side of Russell, quite literally the wrong side of the tracks, in... 1996
Peter Engel THE READING ROOM: FAIRER HOUSING: PROPOSALS FOR IMPROVING THE FAIR HOUSING ACT 5-WTR Journal of Affordable Housing & Community Development Law 114 (Winter, 1996) The Fair Housing Act (FHA) was passed in 1968 with the intent to eliminate segregation and discrimination in housing. Believing that it had failed in some respects to achieve this goal, Congress passed the Fair Housing Amendments Act of 1988 on the twentieth anniversary of the FHA. Many commentators continue to believe that the FHA has failed to... 1996
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