Christopher S. Elmendorf, Eric Biber, Paavo Monkkonen, Moira O'Neill STATE ADMINISTRATIVE REVIEW OF LOCAL CONSTRAINTS ON HOUSING DEVELOPMENT: IMPROVING THE CALIFORNIA MODEL 63 Arizona Law Review 609 (Fall, 2021) Starting in the 1970s, the West Coast states coalesced around roughly similar responses to the problem of excessive local restrictions on housing supply. Local governments were charged with making plans to accommodate projected population growth, subject to review and approval by a state agency. In California, a city's housing plan must also... 2021
Mitchell E. Feldman STATISTICALLY SPEAKING: RESTRICTIVE CHANGES TO FAIR HOUSING ACT DISPARATE IMPACT LIABILITY 62 Boston College Law Review 1321 (April, 2021) Abstract: Disparate impact liability, a theory for pleading discrimination allegations, has been an important tool in the battle for housing equity. Disparate impact claims, however, have undergone drastic changes since their inception in 1971. Most recently, the Department of Housing and Urban Development issued a final rule amending the pleading... 2021
Larisa Antonisse STRENGTHENING THE RIGHT TO MEDICAID HOME AND COMMUNITY-BASED SERVICES IN THE POST-COVID ERA 121 Columbia Law Review 1801 (October, 2021) The COVID-19 pandemic has laid bare the severe public health danger that institutional and congregate care settings pose to people with disabilities, older adults, and the care professionals who work in those settings. While the populations residing in congregate care settings are naturally more susceptible to the virus, the COVID-19 crisis in... 2021
Florence Wagman Roisman STRUCTURAL RACISM IN HOUSING IN INDIANAPOLIS 18 Indiana Health Law Review 355 (2021) [N]ow arise political extremism, white supremacy, domestic terrorism that we must confront and we will defeat .. We face an attack on our democracy and on truth. A raging virus, growing inequity, the sting of systemic racism, a climate in crisis. Structural racism is a newly popular term but a long-standing problem. It has been defined as the... 2021
A. Mechele Dickerson SYSTEMIC RACISM AND HOUSING 70 Emory Law Journal 1535 (2021) After the Great Depression and World War II, political leaders in this country enacted laws and adopted policies that made it easy for families to buy homes and increase their household wealth. This housing relief was limited to whites, though. Blacks and Latinos have always struggled to buy homes or even find safe and affordable rental housing.... 2021
Mekonnen Firew Ayano TENANTS WITHOUT RIGHTS: SITUATING THE EXPERIENCES OF NEW IMMIGRANTS IN THE U.S. LOW-INCOME HOUSING MARKET 28 Georgetown Journal on Poverty Law and Policy 159 (Winter, 2021) Immigrants who recently arrived in the United States generally are not able to exclusively possess rental properties in the formal market because they lack a steady source of income and credit history. Instead, they rent shared bedrooms, basements, attics, garages, and illegally converted units that violate housing codes and regulations. Their... 2021
Hayley Hahn TERMITES IN THE MASTER'S HOUSE: ABORTION RAP AND FLORYNCE KENNEDY'S CONTRIBUTIONS TO RACIAL AND GENDER JUSTICE 107 Virginia Law Review Online 48 (January, 2021) [N]ever . take any shit from anyone. This attitude guided radical Black feminist Florynce Flo Kennedy's life and advocacy. Contemporaries recognized Kennedy as an outspoken activist for the rights of African Americans, women, sex workers, and members of the LGBT community. In this way, Kennedy united social movements with divergent agendas.... 2021
Ana Santos Rutschman THE COVID-19 VACCINE RACE: INTELLECTUAL PROPERTY, COLLABORATION(S), NATIONALISM AND MISINFORMATION 64 Washington University Journal of Law & Policy 167 (2021) The COVID-19 pandemic has brought a national and global vaccine race. This Article examines the race with respect to contemporary frameworks for biopharmaceutical research and development. Specifically, this Article focuses on the effect of patents, pre-production agreements, public-private partnerships, and vaccine misinformation. This Article... 2021
Katherine Drabiak THE INTERSECTION OF EPIDEMIOLOGY AND LEGAL AUTHORITY: COVID-19 STAY AT HOME ORDERS 18 Rutgers Journal of Law & Public Policy 1 (Spring, 2021) Federal and state government have the power and duty to protect the public from communicable disease. In the U.S., federal and state responses to the global pandemic of SARS-CoV-2/COVID-19 relied heavily on quarantine-like actions designed to slow the spread of SARS-CoV-2. This article summarizes initial epidemiological data on SARS-CoV-2/COVID-19,... 2021
Roger Merino THE LAND OF NATIONS: INDIGENOUS STRUGGLES FOR PROPERTY AND TERRITORY IN INTERNATIONAL LAW 115 AJIL Unbound 129 (2021) Key studies have highlighted how Western law was central to the civilizing mission of colonialism, legitimizing conquest while presenting itself as a colonizer's gift for overcoming barbarism. But law was not just an imposition to dispossess resources and accumulate labor; it was also transformed by the contestations of First Nations and the new... 2021
Sam F. Halabi THE LEGAL STRUCTURE OF COVID-19 NURSING HOME DEATHS 11 Wake Forest Journal of Law and Policy 569 (April, 2021) Although now a priority group for emergency use authorized COVID-19 vaccines, nursing home residents in the U.S. have borne by far the greatest burden of illness and death from the pandemic. Nearly 200,000 nursing home residents have died over the course of the pandemic, approximately forty percent of all U.S. deaths attributable to the virus. It... 2021
Lahny Silva THE TRAP CHRONICLES, VOL. 1: HOW U.S. HOUSING POLICY IMPAIRS CRIMINAL JUSTICE REFORM 80 Maryland Law Review 565 (2021) I. The Frame. 570 II. The War. 572 A. Criminal Policy. 573 1. Legislation. 573 1.1. The Comprehensive Crime Control Act of 1984. 574 1.2. The Anti-Drug Abuse Act of 1986. 576 1.3. The Omnibus Anti-Drug Abuse Act of 1988. 577 2. Repercussions. 580 B. Housing Policy. 587 1. Legislation. 587... 2021
Leah Powers THE UNCERTAIN FUTURE OF THE FAIR HOUSING ACT: HUD'S RECENT CHANGES TO THE DISPARATE IMPACT STANDARD 74 SMU Law Review Forum 29 (February, 2021) In 2013, the Department of Housing and Urban Development (HUD) published its Disparate Impact Final Rule in which it sought to formalize its longstanding interpretation of disparate impact liability under the Fair Housing Act (FHA) by setting forth a three-part burden-shifting framework. HUD subsequently revisited its disparate impact standard... 2021
Ashley M. Gindle THE WORKPLACE POSTER: A SIMPLE MODEL FOR INFORMING RESIDENTIAL TENANTS OF THEIR RIGHTS AND IMPROVING ACCESS TO ADEQUATE HOUSING 30 Journal of Affordable Housing & Community Development Law 305 (2021) For at least the last decade, millions of U.S. renters have lacked access to adequate housing due to poor housing affordability, high eviction rates, and substandard physical housing conditions. However, U.S. tenants possess legal rights that can directly improve the conditions precluding renters' access to adequate housing. When asserted, tenant... 2021
Michelle Y. Ewert THEIR HOME IS NOT THEIR CASTLE: SUBSIDIZED HOUSING'S INTRUSION INTO FAMILY PRIVACY AND DECISIONAL AUTONOMY 99 North Carolina Law Review 869 (May, 2021) The anti-Black racism that has permeated public benefits programs and federal housing policy for over a century persists in subsidized rental housing. Public housing authorities (PHAs) impede the ability of tenants--who are disproportionately Black women--to change household composition as their family situations change. PHAs routinely take... 2021
Olatunde C.A. Johnson TOWARDS A LAW OF INCLUSIVE PLANNING: A RESPONSE TO "FAIR HOUSING FOR A NON-SEXIST CITY" 134 Harvard Law Review Forum 312 (April, 2021) Noah Kazis's important article, Fair Housing for a Non-sexist City, shows how law shapes the contours of neighborhoods and embeds forms of inequality, and how fair housing law can provide a remedy. Kazis surfaces two dimensions of housing that generate inequality and that are sometimes invisible. Kazis highlights the role of planning and design... 2021
Lori Bable TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY 18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) Abstract: This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... 2021
Kamaile A.N. Turc╠ćan U.S. PROPERTY LAW: A REVISED VIEW 45 William and Mary Environmental Law and Policy Review 319 (Winter, 2021) The individual's sole dominion over a parcel of land--to the exclusion of others in the community or the public at large--is a myth, despite the prevalence of this view in conventional U.S. property law. In practice, the rights and obligations in any one parcel of land is a mixture of individual, community, and public interests coexisting in that... 2021
Adam Cohen, Dan Goodman, Ben Meyer, Krystle Okafor, Mark Phillip, Bobby Pidgeon, Kyle Slominkski, Moriah Wilkins UNDER ONE ROOF: BUILDING AN ABOLITIONIST APPROACH TO HOUSING JUSTICE 30 Journal of Affordable Housing & Community Development Law 121 (2021) This essay is based on the premise that, despite recent nationwide protests for racial justice and enhanced attention to the long-standing discrimination in housing finance, policymaking, and planning, housing policy in the United States nevertheless remains technocratic and incrementalist. In response, the authors invite policymakers to look to... 2021
Courtney Veneri WELCOME HOME? AN ANALYSIS OF FEDERAL HOUSING PROGRAMS AND THEIR EFFICACY IN REDUCING HOMELESSNESS AMONG DOMESTIC VIOLENCE SURVIVORS 14 DePaul Journal for Social Justice 1 (Summer, 2021) Housing is arguably the biggest barrier facing survivors of domestic violence who leave their abuser. Many survivors remain in situations highly dangerous to their life and health because they do not have any options for stability if they leave. Although there are federal housing programs that survivors are often eligible for, these programs have... 2021
Eleanor Marie Lawrence Brown WHY BLACK HOMEOWNERS ARE MORE LIKELY TO BE CARIBBEAN AMERICAN THAN AFRICAN AMERICAN IN NEW YORK: A THEORY OF HOW EARLY WEST INDIAN MIGRANTS BROKE RACIAL CARTELS IN HOUSING 61 American Journal of Legal History 3 (March, 2021) Why are the Black brownstone owners and landlords in Harlem and Brooklyn disproportionately West Indian? For students of housing discrimination, Black West Indian Americans have long presented a quandary. West Indian Americans generally own and rent higher quality housing than African Americans. These advantages began long ago. For example, when... 2021
Callen Lowell WORKING 9 TO NON-STOP: THE FAIR HOUSING ACT'S SEXUAL HARASSMENT PROTECTIONS FOR DOMESTIC, AGRICULTURAL, AND OTHER LIVE-IN WORKERS 40 Columbia Journal of Gender and Law 453 (Summer, 2021) Live-in workers, for whom their bosses are typically also their landlords, are often trapped in sexually harassing situations that feel as though they have no practical or legal redress, especially when the worker's harasser can both fire and evict them in one fell swoop. This Note explores the novel possibility of using fair housing law, including... 2021
Robert C. Ellickson ZONING AND THE COST OF HOUSING: EVIDENCE FROM SILICON VALLEY, GREATER NEW HAVEN, AND GREATER AUSTIN 42 Cardozo Law Review 1611 (September, 2021) Municipal zoning, shockingly, may be the most consequential regulatory program in the United States. This Article develops metrics for measuring the extent to which a locality's zoning practices are exclusionary, that is, limit construction of least-cost housing. It applies the metrics to actual zoning ordinances and zoning maps, materials that... 2021
Deborah N. Archer "WHITE MEN'S ROADS THROUGH BLACK MEN'S HOMES": ADVANCING RACIAL EQUITY THROUGH HIGHWAY RECONSTRUCTION 73 Vanderbilt Law Review 1259 (October, 2020) Racial and economic segregation in urban communities is often understood as a natural consequence of poor choices by individuals. In reality, racially and economically segregated cities are the result of many factors, including the nation's interstate highway system. In states around the country, highway construction displaced Black households and... 2020
Steven K. Boydstun A BOOMING CRISIS: HOUSING FOR AMERICA'S ELDERLY 30-FALL Kansas Journal of Law & Public Policy 108 (Fall, 2020) In 2002, the U.S. Congress's Commission on Affordable Housing and Health Facility Needs for Seniors in the twenty-first century (the Commission) sought to explore America's elderly population and their needs in 2002 and into the new century. At that time, 12.4 percent of the U.S. population was sixty-five or older. The Commission estimated by... 2020
Geoffrey R. Stone A FOUR-DECADE PERSPECTIVE ON LIFE INSIDE THE SUPREME COURT: THE CHIEF: THE LIFE AND TURBULENT TIMES OF CHIEF JUSTICE JOHN ROBERTS. BY JOAN BISKUPIC. NEW YORK, N.Y.: BASIC BOOKS. 2019. PP. 421. $32.00. FIRST: SANDRA DAY O'CONNOR. BY EVAN THOMAS. NEW YORK, 133 Harvard Law Review 1010 (January, 2020) Judicial biographies can shed important light on the personal lives, professional careers, intellectual evolution, ideological values, political experience, and judicial interactions and motivations of Supreme Court Justices. In that spirit, First by Evan Thomas and The Chief by Joan Biskupic illuminate in often fascinating ways the lives,... 2020
Bobby Vanecko A HOMES GUARANTEE FOR CHICAGO 25 Public Interest Law Reporter 139 (Spring, 2020) According to the 2019 State of Rental Housing in Cook County Report from the Institute for Housing Studies at DePaul University, 43.3% of people in Cook County rely on the private rental market for housing. About half of those households are rent burdened, meaning that they spend at least 30% of their income on rent. In addition, there are... 2020
Russell Armstrong A SILVER BULLET: COULD DATA LINKING URBAN HEAT ISLANDS TO HOUSING DISCRIMINATION CURTAIL ENVIRONMENTAL RACISM? 20 Sustainable Development Law & Policy 22 (Spring, 2020) [A]ll things share the same breath--the beast, the tree, the man . the air shares its spirit with all the life it supports. Google Chief Seattle and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith's original translation. We also know now that all people,... 2020
Angelica Guevara ABLENESS AS PROPERTY 97 Denver Law Review Forum 1 (June 11, 2020) The article puts forth the need for gatekeepers to address ableness as property, instead of focusing on the ability/disability of an individual. Not addressing such a property interest leads courts and academic institutions to make damaging and varying decisions as seen in two medical school cases. By focusing on the property interest in ableness,... 2020
Karen Tokarz , Samuel Hoff Stragand , Michael Geigerman , Wolf Smith ADDRESSING THE EVICTION CRISIS AND HOUSING INSTABILITY THROUGH MEDIATION 63 Washington University Journal of Law & Policy 243 (2020) Years into the post-2008 economic recovery, the United States still faces a massive eviction crisis. Over one-third of households in the United States are renters and, of those 47.6 million renter households, more than two million, or one in every twenty-five, are at risk of losing their homes through court evictions every year. Current and future... 2020
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