Stephanie Hammond Knutson THE RELIGIOUS LANDLORD AND THE CONFLICT BETWEEN FREE EXERCISE RIGHTS AND HOUSING DISCRIMINATION LAWS--WHICH INTEREST PREVAILS? 47 Hastings Law Journal 1669 (July-August, 1996) ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL C1-3Table of Contents I. ONE NATION, UNDER GOD . . .: Protecting Religious Freedoms. 1675 A. The United States Constitution--The First Amendment Religion Clauses. 1675 B. State Constitutions--The Religion Clauses. 1683 II. ONE NATION . . . INDIVISIBLE: Eradicating... 1996
Anna M. Santiago TRENDS IN BLACK AND LATINO SEGREGATION IN THE POST-FAIR HOUSING ERA: IMPLICATIONS FOR HOUSING POLICY 9 La Raza Law Journal 131 (1996) Despite the enactment of fair housing legislation during the 1960s, decades of restrictive access to communities outside of traditional minority neighborhoods have reinforced highly segregated residential patterns within U.S. metropolitan areas. Although levels of Black/Anglo segregation have declined markedly since 1968, Blacks still are highly... 1996
David H. Harris, Jr. USING THE LAW TO BREAK DISCRIMINATORY BARRIERS TO FAIR LENDING FOR HOME OWNERSHIP 22 North Carolina Central Law Journal 101 (1996) Home ownership is the linchpin in the American Dream, the main way families accumulate and hold wealth. Americans borrow against their homes for education, for vacations, for emergencies, for retirement. The family home often forms the bulk of parents' bequests to their children. For most persons, credit is necessary to own a home--or to purchase a... 1996
John V. Picone III WE HAVE MET THE ENEMY AND THEY ARE US: SAVING HUD FROM THEMSELVES AND PROTECTING THE VIABILITY OF THE FAIR HOUSING AMENDMENTS ACT 36 Santa Clara Law Review 1097 (1996) Democracy is the form of government that gives every man the right to be his own oppressor. Once again Berkeley, California is the center of attention involving a dispute about the freedom of speech guaranteed by the First Amendment. Thirty years ago, the young, intellectual elite protested parochial restrictions on speech that were an impediment... 1996
Reginald Leamon Robinson WHITE CULTURAL MATRIX AND THE LANGUAGE OF NONVERBAL ADVERTISING IN HOUSING SEGREGATION: TOWARD AN AGGREGATE THEORY OF LIABILITY 25 Capital University Law Review 101 (1996) Introduction. 103 I. White Cultural Matrix and the Language of Nonverbal Advertising. 118 A. The Text of the White Cultural Matrix: Racism, White Supremacy, and Beyond. 118 B. The Text of the Language of Nonverbal Advertising. 125 1. Advertising and basic motivations. 135 2. Advertising and predicate (or object) thinking. 141 C. Intertextuality of... 1996
Hiroshi Motomura WHOSE ALIEN NATION?: TWO MODELS OF CONSTITUTIONAL IMMIGRATION LAW 94 Michigan Law Review 1927 (May, 1996) Who is an American, and how do we choose new Americans? Immigration law and policy try to answer these questions, and so it is no wonder the immigration debate attracts so much public attention. After all, it represents our public attempt to define ourselves as a community, and to decide what we ask of those who want to join our ranks. The stream... 1996
Jennifer Jolly Ryan A REAL ESTATE PROFESSIONAL'S AND ATTORNEY'S GUIDE TO THE FAIR HOUSING LAW'S RECENT INCLUSION OF FAMILIAL STATUS AS A PROTECTED CLASS 28 Creighton Law Review 1143 (June, 1995) As real estate transactions become increasingly complex and highly regulated, property owners, real estate professionals, and their attorneys who advise them, must become familiar with the vast number of laws that have an effect on real estate transactions. A rapidly growing area of the law deals with discrimination in housing. If fair housing... 1995
Adele M. Azima ANYWHERE BUT HERE: MAY NEIGHBORS PREVENT GROUP HOMES FOR THE MENTALLY DISABLED? 12 Thomas M. Cooley Law Review 225 (1995) Florence Hammonds was worried. It had seemed a good idea to buy the house herself, and convert it into a residence for mentally disabled adults. After all, the house had been listed for nine months, and she had been unable to find a buyer for it. Her own son had struggled to overcome his mental disability, and was now an independent adult, able to... 1995
Carl B. Kress BEYOND NAHRSTEDT: REVIEWING RESTRICTIONS GOVERNING LIFE IN A PROPERTY OWNER ASSOCIATION 42 UCLA Law Review 837 (February, 1995) INTRODUCTION I. CALIFORNIA A. Cases Developing the As Applied Reasonableness Standard in California B. Nahrstedt v. Lakeside Village Condominium Ass'n 1. The Story: Fluffin, Muffin, and Ruffin Come to Dinner 2. Objections to the Court of Appeals Decision in Nahrstedt 3. The California Supreme Court Decision II. OTHER JURISDICTIONS A. Florida:... 1995
Rita M. Neuman CLOSING THE DOOR ON COHABITANTS UNDER WISCONSIN'S OPEN HOUSING LAW 1995 Wisconsin Law Review 965 (1995) In County of Dane v. Norman, the Wisconsin Supreme Court held that a landlord's refusal to rent a duplex to unrelated individuals who wished to live together was not discrimination based on marital status. Therefore, the landlord's actions did not violate a Dane County ordinance that prohibited such discrimination. In this case, a landlord, Dwight... 1995
Julia Clayton Powell DE FACTO DEMOLITION: THE HIDDEN DETERIORATION OF PUBLIC HOUSING 44 Catholic University Law Review 885 (Spring 1995) National perception of public housing is that of a failed system in disarray. Fraught with problems such as gang warfare, drug dealing and related crime, dilapidated buildings, and high concentrations of poverty and unemployment, the most visible and distressed public housing projects convey a negative image that Americans associate with all public... 1995
June Carbone DUKEMINIER AND KRIER AS NARRATIVE: THE STORIES WE TELL IN THE FIRST YEAR PROPERTY COURSE 32 Houston Law Review 723 (Fall 1995) I. Introduction. 723 II. Dukeminier and Krier as Narrative: The Conventional Canon as a Morality Tale in Three Acts. 727 III. Alternative Tales and the Power of Narrative. 736 V. Conclusion. 743 Among those applying a critical perspective, there has been much discussion of the role of narrative. Richard Delgado's plea for narrative is at least in... 1995
Alice L. Brown , Kevin Lyskowski ENVIRONMENTAL JUSTICE AND TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (THE FAIR HOUSING ACT) 14 Virginia Environmental Law Journal 741 (Summer 1995) Litigation challenging environmental inequities in low-income communities and communities of color has relied upon a number of constitutional and statutory provisions. These provisions have included the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, Title VI of the Civil Rights Act of 1964, and various environmental... 1995
Allen Fishbein FAIR HOUSING CONFERENCE: HOME MORTGAGE DISCLOSURE ACT REPORT 28 John Marshall Law Review 343 (Winter 1995) Home Mortgage Disclosure Act (HMDA) data may be useful in attempting to determine a pattern of discrimination within a certain geographic area. While, of course, an attorney must consider a specific individual's case when drafting a complaint, HMDA data should be analyzed in order to determine whether the case should be expanded into a class... 1995
Teresa Coleman Hunter , Gary L. Fischer FAIR HOUSING TESTING -- UNCOVERING DISCRIMINATORY PRACTICES 28 Creighton Law Review 1127 (June, 1995) The 1866 Civil Rights Act prohibits racial discrimination and grants all citizens the same rights to property as white citizens. Title VIII of the 1968 Civil Rights Act, as amended by the Fair Housing Amendments Act of 1988, prohibits discrimination in the availability and negotiations for sale or rental of housing based on race, color, sex,... 1995
Richard D. Marsico FIGHTING POVERTY THROUGH COMMUNITY EMPOWERMENT AND ECONOMIC DEVELOPMENT: THE ROLE OF THE COMMUNITY REINVESTMENT AND HOME MORTGAGE DISCLOSURE ACTS 12 New York Law School Journal of Human Rights 281 (Spring, 1995) The traditional government social welfare programs aimed at poverty may alleviate some of poverty's harshest consequences for needy individuals, but they are not designed to eliminate poverty. On the other hand, two unique federal statutes, the Community Reinvestment Act (CRA) and the Home Mortgage Disclosure Act (HMDA), provide opportunities... 1995
David Kushner FREE EXERCISE, FAIR HOUSING AND MARITAL STATUS -- ALASKAN STYLE 12 Alaska Law Review 335 (December 1, 1995) This Note examines the Alaska Supreme Court's decision in Swanner v. Anchorage Equal Rights Commission that a landlord may not refuse to rent to an unmarried couple even if the landlord claims that doing so would impinge on a sincerely held religious belief that cohabitation is a sin. First, this Note develops a framework for analyzing whether laws... 1995
Ruben Franco FROM WELFARE TO WORK IN NEW YORK CITY PUBLIC HOUSING 22 Fordham Urban Law Journal 1197 (Summer 1995) Poverty in public housing and its attendant myths of social, academic and motivational inferiority, can only be conquered and disproved individually. The personal determination to excel and succeed, however, must be accompanied by social and educational opportunities to do so. For sixty years, the New York City Housing Authority (the Housing... 1995
  GIVING UP THE FIGHT ON FIGHTING WORDS 108 Harvard Law Review 757 (January, 1995) In Beyond the Burning Cross, attorney Edward Cleary discusses the issues surrounding his defense of a minor charged under a St. Paul, Minnesota hate speech ordinance for burning a cross on the lawn of a black family. Cleary chronicles the case from the initial incident through the Supreme Court's nullification of the ordinance and places R.A.V.... 1995
Gary Orfield HOUSING AND THE JUSTIFICATION OF SCHOOL SEGREGATION 143 University of Pennsylvania Law Review 1397 (May, 1995) The intense attack on court-ordered busing rests largely on the public belief that the courts are artificially interfering with normal neighborhoods and communities. A central premise in the early Supreme Court decisions was, however, that the courts were attempting to correct violations with deep roots in both school and housing discrimination.... 1995
Bennet S. Koren , Arthur B. Axelson , Grace Sterrett HOUSING FINANCE: MAJOR DEVELOPMENTS IN 1994 50 Business Lawyer 1061 (May, 1995) The level of legislative and regulatory activity in the housing finance sector in 1994 continued unabated from the prior year. The Department of Housing and Urban Development (HUD) published final rules regarding subordinate lien coverage, escrow accounting procedures and mortgage loan servicing transfer, and issued a proposal for additional... 1995
Jason Dzubow HUD SHUTS THE DOOR: RESTRICTIONS ON HOUSING ASSISTANCE TO NONCITIZENS 9 Georgetown Immigration Law Journal 801 (Fall, 1995) Americans are increasingly frustrated with immigrants, particularly illegal immigrants. This frustration has revealed itself most dramatically in California where voters approved Proposition 187, a law which would ban many types of government benefits, including children's education, to those who are in this country illegally. Law-makers in states... 1995
Peter Sevareid INCREASE IN VALUE OF SEPARATE PROPERTY IN PENNSYLVANIA: A CHANGE IN WHAT WOMEN WANT? 68 Temple Law Review 557 (Summer 1995) Introduction . 557 I. Current Pennsylvania Statutory and Case Law . 558 II. Legislative History in Pennsylvania . 571 A. Willcox and Community Property . 571 B. Preface to Section 401(e)(1): The Legislative History of the UMDA . 578 C. Section 401(e)(1) . 583 III. Prenuptial Agreements . 595 IV. A Note on Tax . 598 V. Psychological Effects of... 1995
Stephen M. Dane INVESTIGATING CLAIMS OF DISCRIMINATION IN HOUSING FINANCE 28 John Marshall Law Review 371 (Winter 1995) For decades, allegations have been made that the mortgage lending industry discriminates against minorities, women, and other protected groups. In the past, public and private efforts to enforce mortgage lending discrimination laws have been minimal. Now, however, private litigation against mortgage lenders is on the rise, and federal, state, and... 1995
Peter Pitegoff LAW SCHOOL INITIATIVES IN HOUSING AND COMMUNITY DEVELOPMENT 4 Boston University Public Interest Law Journal 275 (1995) The beauty of Benedict House - the ornate wooden trim, the elegant dining room, the stained glass windows - tempers the harsh reality for its residents. Fifty of our residents have died, explained a staff member, suggesting an ironic benchmark of progress in this home for people with advanced cases of AIDS and nowhere else to live. So began a... 1995
Roger D. Scott LOOTING: A PROPOSAL TO ENHANCE THE SANCTION FOR AGGRAVATED PROPERTY CRIME 11 Journal of Law & Politics 129 (Winter, 1995) Looting. This word conjures up memories of the televised images of the sack of Los Angeles in April, 1992, after the first verdicts of acquittal in the Rodney King case. The temporal association of this most notorious of all recent looting incidents, with the patent injustice of the verdicts, and the immediate claims from some quarters that the... 1995
C.E. Willoughby NATIVE AMERICAN SOVEREIGNTY TAKES A BACK SEAT TO THE "PIG IN THE PARLOR:" THE REDEFINING OF TRIBAL SOVEREIGNTY IN TRADITIONAL PROPERTY LAW TERMS 19 Southern Illinois University Law Journal 593 (Spring, 1995) As stated by the late scholar of Native American law, Felix S. Cohen, the fight for tribal sovereignty is of central importance to us all: Our interest in Indian self-government today is not the interest of sentimentalists or antiquarians. We have a vital concern with Indian self-government because the Indian is to America what the Jew was to the... 1995
David P. Kasakove NEW YORK STATE ASSOCIATION OF REALTORS, INC. V. SHAFFER : WHEN THE SECOND CIRCUIT CHOOSES BETWEEN FREE SPEECH AND FAIR HOUSING, WHO WINS? 61 Brooklyn Law Review 397 (Summer 1995) Housing discrimination and segregation permeate American society. Despite the passage of the Fair Housing Act in 1968, as well as a plethora of state and local statutes designed to combat discrimination and promote diversity, housing in America largely remains segregated by race. Blacks remain the most segregated among minorities, with a... 1995
Edward J. Walters NO WAY OUT: EIGHTH AMENDMENT PROTECTION FOR DO-OR-DIE ACTS OF THE HOMELESS 62 University of Chicago Law Review 1619 (Fall 1995) The Supreme Court held in its 1962 decision Robinson v California that it was cruel and unusual under the Eighth Amendment to punish people for status crimes--that is, crimes defined by who people are, not what they do. In the decade following that decision, courts used the status crimes doctrine to invalidate statutes that made vagrancy illegal.... 1995
Deborah Kenn PARADISE UNFOUND: THE AMERICAN DREAM OF HOUSING JUSTICE FOR ALL 5 Boston University Public Interest Law Journal 69 (Spring 1995) Justice, justice thou shalt pursue. - Deut. 16:20 A quiet revolution occurs daily in the affordable housing market. This revolutionary experience happens family by family, house by house, street by street, throughout the nation. Slowly, low-income communities take control of the housing within their neighborhoods and change the way people in the... 1995
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