Arthur Earl Bonfield PUBLIC PARTICIPATION IN FEDERAL RULEMAKING RELATING TO PUBLIC PROPERTY, LOANS, GRANTS, BENEFITS, OR CONTRACTS 118 University of Pennsylvania Law Review 540 (February, 1970) In 1941 the Attorney General's Committee on Administrative Procedure concluded that the rulemaking processes of federal agencies should be adapted to giving adequate opportunity to all persons affected to present their views, the facts within their knowledge, and the dangers and benefits of alternative courses. The Committee realized that the... 1970
Norman D. Peel, Garth E. Pickett, Stephen T. Buehl RACIAL DISCRIMINATION IN PUBLIC HOUSING SITE SELECTION 23 Stanford Law Review 63 (November, 1970) During the past year, two federal district courts and a state appellate court have examined the problem of racial discrimination in the selection of sites for public housing, and each has found that the selections in question were made in a discriminatory manner. The racial integration of public housing has been as slow a process as that of private... 1970
Irving H. Welfeld A NEW FRAMEWORK FOR FEDERAL HOUSING AIDS 69 Columbia Law Review 1355 (December, 1969) The issue that Congress faces when it considers housing legislation is not whether, but how the government should provide assistance in order to assure decent housing for all families. The premise that the government has a duty to see that all its citizens are adequately housed is now accepted. As Senator Taft, an outstanding spokesman of... 1969
Garey B. Spradley CONSTITUTIONAL LAW 47 Texas Law Review 1454 (November, 1969) When an Akron, Ohio real estate agent refused to show appellant any listed houses because she was a Negro, appellant sought to invoke a fair housing ordinance enacted in 1964 by the City Council. The city informed her that the ordinance had been repealed by a city charter amendment that rendered fair housing ordinances ineffective until approved by... 1969
  CONSTITUTIONAL LAW -- EQUAL PROTECTION OF THE LAWS -- PROPOSED RESOLUTION BARRING CITY COUNCIL FROM ENACTING ANY OPEN HOUSING LEGISLATION IS UNCONSTITUTIONAL AND MUNICIPAL REFERENDUM MAY BE ENJOINED. -- OTEY V. COMMON COUNCIL, 281 F. SUPP. 264 (E.D. WIS. 82 Harvard Law Review 1550 (May, 1969) Plaintiff, a black resident of Milwaukee, brought a class action against the City's Common Council seeking to enjoin a municipal referendum on a proposed resolution. The resolution, which would have barred the Common Council from enacting any law in any manner restricting the right of owners of real estate to sell, lease or rent private property,... 1969
  EQUAL PROTECTION AND PROPERTY QUALIFICATIONS FOR ELECTIVE OFFICE 118 University of Pennsylvania Law Review 129 (November, 1969) Approximately fifty miles west of Detroit lies the sleepy little town of Plymouth, Michigan, whose population is about 9,000. The citizens of Plymouth have proclaimed it The City of Homes, because eighty to eighty-five per cent of the dwelling units there are privately owned houses. Peter D. Schweitzer lived in one of the remaining fifteen to... 1969
Lawrence M. Friedman , James E. Krier A NEW LEASE ON LIFE: SECTION 23 HOUSING AND THE POOR 116 University of Pennsylvania Law Review 611 (February, 1968) American efforts in public housing began in earnest during the 1930's; in the early years there were high hopes for the program's success. Since the end of the Second World War, however, the program has been unpopular with Congress, and has suffered from bad publicity, a bad public image and a constant lack of funds and imagination. Governmental... 1968
  A PROPOSAL TO END THE RACE TO THE COURT HOUSE IN APPEALS FROM FEDERAL ADMINISTRATIVE ORDERS 68 Columbia Law Review 166 (January, 1968) One morning in 1961, the National Labor Relations Board called a news conference to announce a decision in an unfair labor practice case of unusual interest. As the decision was announced, the two opposing parties stood poised to commence proceedings for an appeal. Within five minutes of the decision, the attorney for the company telephoned the... 1968
  GOVERNMENT PROGRAMS TO ENCOURAGE PRIVATE INVESTMENT IN LOW-INCOME HOUSING 81 Harvard Law Review 1295 (April, 1968) The continued failure of private industry and government to eliminate inadequate housing in the United States demonstrates the need for new concepts in national housing policy. Within metropolitan areas almost one-sixth of all families and over two-fifths of nonwhite families live in housing classified as substandard, deteriorating, or... 1968
  OPEN HOUSING AND THE CIVIL RIGHTS ACT OF 1866 82 Harvard Law Review 95 (November, 1968) In Jones v. Alfred H. Mayer Co., the Court examined a little-used section of the Civil Rights Act of 1866 and found it to contain a prohibition of private discrimination in the sale or rental of property. The petitioner, a Negro, had alleged that respondents refused to sell him a home in a St. Louis suburb solely on account of his race. He invoked,... 1968
Marilyn J. Melkonian , Peter A. Whitman THE OAKLAND LEASED HOUSING PROGRAM 20 Stanford Law Review 538 (February, 1968) The leased housing program was enacted by the Congress in August 1966. It was the first major innovation in the operation of public housing programs in 30 years. The emphasis in the leasing program was placed on utilization of existing private housing rather than construction of new public housing projects. The federal leasing program was a... 1968
  THE POWER OF A HOUSE OF CONGRESS TO JUDGE THE QUALIFICATIONS OF ITS MEMBERS 81 Harvard Law Review 673 (January 1, 1968) On March 1, 1967, the House of Representatives voted to exclude from the Ninetieth Congress Adam Clayton Powell, Jr., who had for the twelfth consecutive time been returned to Congress by the voters of the Eighteenth Congressional District of New York. Powell's exclusion was evidently based in large part on the findings of the reporting committee... 1968
Robert Ellickson GOVERNMENT HOUSING ASSISTANCE TO THE POOR 76 Yale Law Journal 508 (January, 1967) Low-income families are usually understood to have a special claim to government housing assistance. When Congress offers a housing benefit to the rest of the population, the subsidy is disguised as a low-interest loan, mortgage insurance, or the sale of land at less than fair market value. Only units that serve the poor receive direct, cash... 1967
Patrick J. Rohan COOPERATIVE HOUSING: AN APPRAISAL OF RESIDENTIAL CONTROLS AND ENFORCEMENT PROCEDURES 18 Stanford Law Review 1323 (June, 1966) In the era following World War II, many observers viewed cooperative housing as the ultimate source of shelter for practically every income group. Disenchantment set in, however, as overly optimistic projections failed to materialize and lawsuits against sponsors (grounded in exorbitant profits, mismanagement, or worse) became commonplace. More... 1966
  ENFORCEMENT OF MUNICIPAL HOUSING CODES 78 Harvard Law Review 801 (February, 1965) Many factors contribute to the development of slums. When signs of blight or impending racial or economic change appear, financial institutions, anticipating a potential drop in market value, become reluctant to invest in an area. Responsible individuals are deterred from purchasing buildings, and present owners may be unable to finance... 1965
  DUE PROCESS OF LAW – IN GENERAL – FAIR HOUSING ACT IS CONSTITUTIONAL BUT COMMISSION'S POWER TO ISSUE "APPROPRIATE" ORDERS IS TOO BROAD. – COLORADO ANTI-DISCRIMINATION COMM'N V. CASE (COLO. 1962) 77 Harvard Law Review 553 (January, 1964) In common with ten other states, Colorado prohibits racial discrimination in the sale or rental of housing, whether privately or publicly financed. Acting under this legislation the Colorado Anti-Discrimination Commission found that J. L. Case, a realtor, had refused to sell a home to Mr. and Mrs. Rhone, who had made a bona fide offer and tendered... 1964
Laurence D. Pearl , Benjamin B. Terner SURVEY: FAIR HOUSING LAWS-DESIGN FOR EQUAL OPPORTUNITY 16 Stanford Law Review 849 (July, 1964) Now, albeit almost two centuries after the Declaration of Independence, and a century after the Fourteenth Amendment, the responsible political force of our national and state government is laboring to make these inspiring words mean what they say and is joined in this effort by our major religious groups and great numbers of private citizens who... 1964
  "SUITABLE HOME" TESTS UNDER SOCIAL SECURITY: A FUNCTIONAL APPROACH TO EQUAL PROTECTION 70 Yale Law Journal 1192 (June, 1961) Legislative proposals now being considered by Congress to overrule a recent decision by the Secretary of Health, Education and Welfare to withhold federal funds from states imposing certain eligibility requirements upon the receipt of benefits under the Social Security Act may compel reexamination of the scope and meaning of the equal protection... 1961
  BENIGN QUOTAS: A PLAN FOR INTEGRATED PRIVATE HOUSING 70 Yale Law Journal 126 (November, 1960) Progress Development Corporation was organized to construct and sell racially integrated single occupancy housing in Deerfield, Illinois, an all white upper middleclass suburb of Chicago. In April, 1959, and at subsequent dates, Progress acquired twenty-two acres of land on which it intended to erect fifty-one homes. Because Negroes comprised... 1960
William W. Van Alstyne DISCRIMINATION IN STATE UNIVERSITY HOUSING PROGRAMS-POLICY AND CONSTITUTIONAL CONSIDERATION 13 Stanford Law Review 60 (December, 1960) In nearly all major state universities today, substantial numbers of students are obliged to live off-campus in private apartments or rooming houses. Rather than cast these students into unfamiliar neighborhoods to find suitable accommodations by chance, most of these universities maintain some facility which refers students to landlords who have... 1960
  BUILDER OF FHA HOUSING HELD BARRED FROM DISCRIMINATING AGAINST PURCHASERS ON BASIS OF RACE: POSSIBLE SOURCES OF FEDERAL PROHIBITION AND BASES FOR CAUSE OF ACTION 59 Columbia Law Review 782 (May, 1959) The federal mortgage insurance system, part of the national program to combat the housing shortage, offers mortgage insurance to lenders who finance the purchase of housing, provided the housing and the mortgage comply with certain statutory and administrative requirements. The system benefits three groups in particular: the mortgagees, the... 1959
  RACIAL DISCRIMINATION IN HOUSING 107 University of Pennsylvania Law Review 515 (February, 1959) Among the problems fostered by racial discrimination in the United States is that of inadequate housing available to members of minority groups. General housing shortages are intensified for minority group members because of special restrictions on the market in which they can buy or rent. These restrictions are both economic and social. The... 1959
  VALIDITY OF MUNICIPAL LAW BARRING DISCRIMINATION IN PRIVATE HOUSING 58 Columbia Law Review 728 (May, 1958) On December 5, 1957, the City Council of New York enacted a bill, commonly known as the Sharkey-Brown-Isaacs Law, prohibiting discrimination in privately owned housing within the city. This act represents the first attempt by the state or city to regulate discriminatory practices in housing which has enjoyed no public assistance by way of loan,... 1958
  MUNICIPAL HOUSING CODES 69 Harvard Law Review 1115 (April, 1956) It is generally recognized that the surest permanent solution to the problem of the worst slums is clearance of the blighted area followed by a program of urban redevelopment according to a comprehensive plan. However, since slum clearance is extremely expensive and politically difficult to achieve, cities have also relied upon enforcement of... 1956
Quintin Johnstone POLITICS, PLANNING, AND THE PUBLIC INTEREST: THE CASE OF PUBLIC HOUSING IN CHICAGO. BY MARTIN MEYERSON AND EDWARD C. BANFIELD. GLEN-COE, ILLINOIS: THE FREE PRESS, 1955. PP. 353. $5.00 65 Yale Law Journal 755 (April, 1956) It is common knowledge that racial segregation is not restricted to the South. Every major industrial city in the North has a separate all-Negro community characterized by high population density, a very heavy percentage of slum dwellings, and steady expansion into whatever contiguous areas it can penetrate. The Northern pattern of segregation is... 1956
  APPLICATION OF THE SHERMAN ACT TO HOUSING SEGREGATION 63 Yale Law Journal 1124 (June, 1954) Discriminatory practices by private parties have compelled the Negro to compete for a home on unequal terms with the white. He is faced with substantial restrictions in both the financing and selling phases of housing. Although purely private actions do not violate any civil liberties guaranty, their economic effects may bring them within the... 1954
  PREJUDICE AND PROPERTY, U.S. DEPARTMENT OF JUSTICE (BRIEF AGAINST RACIAL COVENANTS SUBMITTED TO THE U.S. SUPREME COURT BY TOM C. CLARK AND PHILIP B. PERLMAN, PUBLIC AFFAIRS PRESS, 1948) 57 Yale Law Journal 1162 (April, 1948) The Supreme Court has decided unanimously that the enforcement of racial restrictive covenants is unconstitutional. The Justice Department's brief in this litigation has been reprinted in book form with a four page introduction by Wesley McCune, relegation of the footnotes to the back pages and a slight change in the order of presentation. Its... 1948
Isaac N. Groner , David M. Helfeld RACE DISCRIMINATION IN HOUSING 57 Yale Law Journal 426 (January, 1948) The Report of the President's Committee on Civil Rights has once again called public attention to the discrepancy between American aspiration and accomplishment in race relations. Housing clearly illustrates the national failure to treat individuals on the basis of individual merit rather than racial myth. In the construction of the twelve million... 1948
Shirley Adelson THE SEVEN MUTHS OF HOUSING. BY NATHAN STRAUS. NEW YORK: ALFRED A. KNOPF, 1944. PP. XVI, 314. $2.75 53 Yale Law Journal 593 (June, 1944) So low is the degree of public acceptance of subsidized housing for low income families in this country that a contemporary book which for the most part simply restates the case for public housing can be appropriately characterized as important. Such a book would be an anachronism in any modern European nation; here it is timely. The public housing... 1944
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