Carl F. Horowitz PITFALLS OF HOUSING REDISTRIBUTION 143 University of Pennsylvania Law Review 1379 (May, 1995) Advocates of metropolitan-wide income and racial egalitarianism have been taking some hits lately. For once, the political juggernaut to reduce income and racial differences across community lines is running into detours instead of creating them. For example, late last summer a joint Senate and House Conference Committee overseeing spending by the... 1995
Robert L. Sweeney , Patricia Hart Nessler REAL PROPERTY 46 Syracuse Law Review 799 (1995) C1-3Contents I. Landlord-Tenant. 799 II. Titles. 819 III. Mortgages and Liens. 821 IV. Vendor-Purchaser. 828 V. Doctrine of Accession. 838 1995
Laura M. Padilla REFLECTIONS ON INCLUSIONARY HOUSING AND A RENEWED LOOK AT ITS VIABILITY 23 Hofstra Law Review 539 (Spring, 1995) A. The Affordable Housing Crisis B. Responses to the Crisis C. A Specific Response to the Crisis: Inclusionary Housing D. The Proposed MIHO A. Takings 1. General History of Takings Jurisprudence 2. Do Inclusionary Housing Provisions Constitute Takings? 3. Rent Control B. Fourteenth Amendment Challenges 1. Due Process a. Procedural Due Process b.... 1995
Charles Hellman SECURE IN THEIR HOUSES? FOURTH AMENDMENT RIGHTS AT PUBLIC HOUSING PROJECTS 40 New York Law School Law Review 189 (1995) History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure. At a public housing project in Chicago, several gang members carrying guns step outside an apartment building and open fire on a car as it passes by. A twenty-seven year old mother of four riding inside the car is... 1995
Edward Allen SIX YEARS AFTER PASSAGE OF THE FAIR HOUSING AMENDMENTS ACT: DISCRIMINATION AGAINST FAMILIES WITH CHILDREN 9 Administrative Law Journal of The American University 297 (Summer, 1995) Introduction 298 I. Discrimination Against Families With Children. 300 A. The Law Before The FHAA. 305 B. The FHAA. 307 C. HUD's Administrative Bottleneck. 309 II. The Emerging Law. 310 A. Housing for Older Persons Exemption. 311 B. Occupancy Limits. 319 C. Refusals to Rent, Purchase and Evictions Based on Family Status. 327 D. Denial Based On... 1995
Peter M. Stein SMITH V. FAIR EMPLOYMENT AND HOUSING COMMISSION: DOES THE RIGHT TO EXCLUDE, COMBINED WITH RELIGIOUS FREEDOM, PRESENT A "HYBRID SITUATION" UNDER EMPLOYMENT DIVISION V. SMITH? 4 George Mason Law Review 141 (Fall 1995) Introduction. 143 I. Background. 145 A. Federal and State Law. 145 B. Older Cases Involving Religious Landlords. 146 C. Religious Free Exercise Prior to 1990 Under the Federal Constitution. 150 D. Religious Free Exercise Under State Constitutions. 153 E. Employment Division v. Smith. 155 F. The Religious Freedom Restoration Act of 1993 (RFRA).... 1995
Peter W. Salsich, Jr. SOLUTIONS TO THE AFFORDABLE HOUSING CRISIS: PERSPECTIVES ON PRIVATIZATION 28 John Marshall Law Review 263 (Winter 1995) The Republican landslide in the 1994 elections has reinvigorated efforts to cut back on Federal spending for a wide range of social welfare programs, including housing. President Clinton added his voice to the call for less government with a proposal for financing a middle class tax cut by trimming twenty- four billion dollars in federal domestic... 1995
Michael E. Rosman STANDING ALONE: STANDING UNDER THE FAIR HOUSING ACT 60 Missouri Law Review 547 (Summer 1995) In 1980, one of the leading authorities on housing law noted that the Supreme Court had been especially active in the 1970's in addressing standing problems in cases with allegations of housing discrimination; indeed, he wrote that standing problems in fair housing cases seem to have grown out of all proportion to their proper place in this... 1995
Isabelle R. Gunning STORIES FROM HOME: TALES FROM THE INTERSECTION OF RACE, GENDER AND SEXUAL ORIENTATION 5 Southern California Review of Law and Women's Studies 143 (Fall 1995) I am very pleased to be a part of this Conference, and especially to be part of a panel that explicitly marks the fact that talking about being a lesbian -- like talking about being a woman -- must be about intersectionality. Most of you are already familiar with the recent debates within feminist thought and jurisprudence concerning gender... 1995
Andrea Panjwani TESTERS, FAIR-HOUSING ORGANIZATIONS FIGHT BIAS USING THE FAIR HOUSING ACT 4-WTR Journal of Affordable Housing & Community Development Law 15 (Fall/Winter, 1994/1995) A 1989 HUD survey of 25 metropolitan areas revealed widespread discrimination in the sale and rental of housing and found the problems greatest in three cities - Miami, Cincinnati and Dayton. In these highest incidence cities, for example, more than 60 percent of African-Americans suffered discrimination when trying to rent. Fortunately, the U.S.... 1995
Andrea Panjwani THE CONSOLIDATED PLANNING PROCESS: WHEN A CITY ENACTS A PLAN THAT VIOLATES THE FAIR HOUSING ACT, WHAT THEN? 5 Journal of Affordable Housing & Community Development Law 15 (Fall, 1995) The United States Department of Housing and Urban Development requires cities that are eligible to receive federal grants to submit a Consolidated Plan to HUD. The Consolidated Plan contains the goals and one-year action plan for all community planning and development programs funded by the Community Development Block Grant (CDBG) program, as well... 1995
Terry W. Frazier THE GREEN ALTERNATIVE TO CLASSICAL LIBERAL PROPERTY THEORY 20 Vermont Law Review 299 (Winter, 1995) To every student of history, government, economics, or sociology it is a commonplace that law ... molds, while it fixes and preserves, society .... As for the property law, to say that social life creates it is a very great understatement of the intimacy of their relation. A biological mutualism, indeed an intimacy greater than that term strictly... 1995
Maureen E. Markey THE PRICE OF LANDLORD'S "FREE" EXERCISE OF RELIGION: TENANT'S RIGHT TO DISCRIMINATION-FREE HOUSING AND PRIVACY 22 Fordham Urban Law Journal 699 (Spring, 1995) Introduction. 701 I. History of the Free Exercise Exemption in the United States Supreme Court. 703 A. Reynolds and the Belief/Conduct Distinction. 704 B. Sherbert and the Compelling State Interest Standard. 708 1. Belief Must Be Religion-Based and Sincerely Held. 703 2. State Interest Must Be Compelling. 716 3. Regulation Must Burden Religious... 1995
David Theo Goldberg THE PRISON-HOUSE OF MODERN LAW 29 Law and Society Review 541 (1995) A critical relation to law and its domain may assume a variety of forms. Two contesting stances nevertheless stand out. The first concerns a critique of or about the law, a critical account of the ways in which law articulates power, of the force of law, of law's empire. The second concerns critique through the law, a critical analysis of the ways... 1995
Reginald Leamon Robinson THE RACIAL LIMITS OF THE FAIR HOUSING ACT: THE INTERSECTION OF DOMINANT WHITE IMAGES, THE VIOLENCE OF NEIGHBORHOOD PURITY, AND THE MASTER NARRATIVE OF BLACK INFERIORITY 37 William and Mary Law Review 69 (Fall, 1995) I. INTRODUCTION. 71 II. THE FAIR HOUSING ACT: EXTANT HOUSING SEGREGATION AND RACIAL LIMITATIONS. 87 A. The Relationship Between Housing Segregation and the Master Narrative of Black Inferiority: A Brief Overview. 87 B. Fair Housing Act, Racial Limits, and Extant Housing Segregation. 96 1. The Fair Housing Act and the Amendments of 1988. 96 2.... 1995
Michael H. Schill , Susan M. Wachter THE SPATIAL BIAS OF FEDERAL HOUSING LAW AND POLICY: CONCENTRATED POVERTY IN URBAN AMERICA 143 University of Pennsylvania Law Review 1285 (May, 1995) Problems associated with poverty are not new to American cities. Nevertheless, in recent years a consensus has developed that increasing concentrations of very poor, predominantly minority households in inner-city communities have generated especially severe social pathologies ranging from persistent unemployment and welfare dependency to crime and... 1995
Susan Bennett THE THREAT OF THE WANDERING POOR: WELFARE PAROCHIALISM AND ITS IMPACT ON THE USE OF HOUSING MOBILITY AS AN ANTI-POVERTY STRATEGY 22 Fordham Urban Law Journal 1207 (Summer 1995) At best, income and housing programs for poor people run on parallel tracks. Although reformers of the Progressive era saw bad housing and urban poverty as fatally meshed, the nationalized housing goals and nationalized income policy developed during the New Deal shared little except their status as responses to the economic catastrophe of the... 1995
Philip D. Tegeler , Michael L. Hanley , Judith Liben TRANSFORMING SECTION 8: USING FEDERAL HOUSING SUBSIDIES TO PROMOTE INDIVIDUAL HOUSING CHOICE AND DESEGREGATION 30 Harvard Civil Rights-Civil Liberties Law Review 451 (Summer, 1995) Ms. Griffin wants to move from her poor city neighborhood to the nearby suburbs. She is an African American single mother of two young children whose annual income from her job at a restaurant is less than $10,000. She cannot find a better-paying job near her home because her city has lost much of its manufacturing and other employment... 1995
Laurie C. Malkin TROUBLES AT THE DOORSTEP: THE FAIR HOUSING AMENDMENTS ACT OF 1988 AND GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS 144 University of Pennsylvania Law Review 759 (December, 1995) The streets are quiet and tree-lined. The homes, comfortable and well-maintained, are encircled by green lawns and separated either by picket fences or by driveways accommodating parked station wagons. Children play a game of tag at one end of the block, while mothers talk over their morning coffee at the other. The American Dream -- to live in a... 1995
Ginny Kim UNCONSTITUTIONAL CONDITIONS: IS THE FOURTH AMENDMENT FOR SALE IN PUBLIC HOUSING? 33 American Criminal Law Review 165 (Fall, 1995) Seething accounts of crime-ridden, dilapidated public housing developments make good newspaper fodder; however, they also feed the uneasy public's perception that crime in some of America's public housing projects is out of control and must be controlled with drastic measures. The crime situation is indeed serious, in a discrete portion of public... 1995
Arlene S. Kanter A HOME OF ONE'S OWN: THE FAIR HOUSING AMENDMENTS ACT OF 1988 AND HOUSING DISCRIMINATION AGAINST PEOPLE WITH MENTAL DISABILITIES 43 American University Law Review 925 (Spring, 1994) C1-3TABLE OF CONTENTS Introduction 926 I. A Brief History of Housing for People with Mental Disabilities. 928 II. A History of Federal Laws Prohibiting Housing Discrimination Against People with Disabilities. 933 A. Executive Order 11,063. 934 B. Title VIII of the Civil Rights Act of 1968: The Fair Housing Act of 1968. 935 C. Section 1982 of the... 1994
Maureen Armour A NURSING HOME'S GOOD FAITH DUTY "TO" CARE: REDEFINING A FRAGILE RELATIONSHIP USING THE LAW OF CONTRACT 39 Saint Louis University Law Journal 217 (Fall, 1994) I. INTRODUCTION: PUTTING YOURSELF IN THEIR SHOES . 220 II. EXPLORING THE CONTEXT FOR THE CONTRACT OF CARE . 221 A. The Admissions Process and the Contract of Care: The Breakdown of Autonomy . 221 1. The Need for Nursing Home Care . 221 2. The State As the Primary Contractor for Nursing Home Care . 222 3. The Decision to Admit . 224 4. Entering into... 1994
David Blair-Loy A TIME TO PULL DOWN, AND A TIME TO BUILD UP: THE CONSTITUTIONALITY OF REBUILDING ILLEGALLY SEGREGATED PUBLIC HOUSING 88 Northwestern University Law Review 1537 (Summer 1994) The children called home Hornets or, more frequently, the projects or, simply, the jects . . . . Pharaoh called it the graveyard. But they never referred to it by its full name: the Governor Henry Horner Homes. Nothing here, the children would tell you, was as it should be. Between 1960 and 1962, the Chicago Housing Authority (CHA) built... 1994
Stanley S. Herr , Stephen M. B. Pincus A WAY TO GO HOME: SUPPORTIVE HOUSING AND HOUSING ASSISTANCE PREFERENCES FOR THE HOMELESS 23 Stetson Law Review 345 (Spring, 1994) On May 19, 1993, President Clinton signed an Executive Order calling for the development of a federal plan to break the cycle of homelessness and to prevent future homelessness. The plan will recommend ways to redirect federal programs to link housing, social support, and education services. In addition, the Executive Order encouraged creative... 1994
Stanley S. Herr , Stephen M. B. Pincus A WAY TO GO HOME: SUPPORTIVE HOUSING AND HOUSING ASSISTANCE PREFERENCES FOR THE HOMELESS 23 Stetson Law Review 345 (Spring, 1994) On May 19, 1993, President Clinton signed an Executive Order calling for the development of a federal plan to break the cycle of homelessness and to prevent future homelessness. The plan will recommend ways to redirect federal programs to link housing, social support, and education services. In addition, the Executive Order encouraged creative... 1994
Margalynne Armstrong AFRICAN AMERICANS AND PROPERTY OWNERSHIP: CREATING OUR OWN MEANINGS, REDEFINING OUR RELATIONSHIPS 1 African-American Law and Policy Report 79 (Fall 1994) The global issues of the twenty-first century will include resource scarcity and resource allocation. For environmental, political and - dare I say? - ethical reasons, current discrepancies in resource consumption and contamination will continue to be challenged, and solutions cannot much longer be deferred. The debates and resolutions will take... 1994
Robert F. Reilly, Willamette Management Associates ALLOCATION OF REAL ESTATE VALUE BETWEEN REAL PROPERTY INTERESTS AND INTANGIBLE ASSETS 13-MAY American Bankruptcy Institute Journal 20 (May, 1994) In the appraisal of real estate for bankruptcy and reorganization, it is often important to allocate the estimated value between the real property interests in the land and buildings and any associated intangible assets. Real property rights include the bundle of legal rights associated with the subject real estate. Although the real property... 1994
Hon. A. Leon Higginbotham, Jr., Catherine J. Ross AMERICA'S CHILDREN AT RISK: THE RECOMMENDED HOUSING AGENDA 3-WTR Journal of Affordable Housing & Community Development Law 11 (Winter, 1994) This article is excerpted from a broad national agenda for legal action presented in a special ABA Report entitled America's Children At Risk, issued in July 1993 by the ABA Presidential Working Group on the Unmet Legal Needs of Children and Their Families. ... Every child needs a safe and stable place to call home. But poverty and discrimination... 1994
Timothy J. Choppin BREAKING THE EXCLUSIONARY LAND USE REGULATION BARRIER: POLICIES TO PROMOTE AFFORDABLE HOUSING IN THE SUBURBS 82 Georgetown Law Journal 2039 (July, 1994) Vonzetta Edwards sleeps each night with her young daughter on a pull-out bed in her mother's dining room. As a receptionist for a nonprofit agency that provides affordable housing, she helps others get what she herself lacks--a dwelling unit at a rent she can handle on her $15,000-a-year salary. Vonzetta's story is not unique. She is but one of... 1994
Richard L. Aynes CONSTRICTING THE LAW OF FREEDOM: JUSTICE MILLER, THE FOURTEENTH AMENDMENT, AND THE SLAUGHTER-HOUSE CASES 70 Chicago-Kent Law Review 627 (1994) [O]ne of the canons of construction never to be lost sight of is to give effect, if possible, to every word of the written law. Fourteenth Amendment author John A. Bingham Criticism of [the Slaughter-House Cases] has never entirely ceased, nor has it ever received universal assent by members of this Court. Justice William Moody The Slaughter-... 1994
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