Robert C. Mueller DONAHUE v. FAIR EMPLOYMENT AND HOUSING COMMISSION: A FREE EXERCISE DEFENSE TO MARITAL STATUS DISCRIMINATION? 74 Boston University Law Review 145 (January, 1994) On November 27, 1991, the California Court of Appeal for the Second District decided the case of Donahue v. Fair Employment and Housing Commission. The court held that even though the California Fair Employment and Housing Act (FEHA) forbids discrimination on the basis of marital status, a landlord could refuse to rent an apartment to an unmarried... 1994
Robert L. Schonfeld , Seth P. Stein FIGHTING MUNICIPAL "TAG-TEAM": THE FEDERAL FAIR HOUSING AMENDMENTS ACT AND ITS USE IN OBTAINING ACCESS TO HOUSING FOR PERSONS WITH DISABILITIES 21 Fordham Urban Law Journal 299 (Winter 1994) Following urban unrest in the 1960s, Congress enacted the Fair Housing Act as Title VIII of the Civil Rights Act of 1968 to prohibit housing discrimination against individuals based upon race, color, religion, or national origin. Recognizing a similar need to combat housing discrimination against persons with disabilities, Congress amended the Fair... 1994
James B. Hughes, Jr. FUTURE ADVANCE MORTGAGES: PRESERVING THE BENEFITS AND BURDENS OF THE BARGAIN 29 Wake Forest Law Review 1101 (Winter 1994) In this article, Professor Hughes analyzes the current rules governing priority conflicts between mortgagees holding future advance mortgages and intervening lienholders. He begins by tracing the background of the diverse American rules, paying distinct attention to their roots in English common law. Arguing that little sound policy exists for... 1994
Aram Kouyoumdjian HEALTH AND WELFARE; HOUSING DISCRIMINATION 25 Pacific Law Journal 721 (January, 1994) Under existing law, the California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing on the basis of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. Chapter 1277 further disallows discrimination through public or private land use regulations, such as restrictive... 1994
Reva B. Siegel HOME AS WORK: THE FIRST WOMAN'S RIGHTS CLAIMS CONCERNING WIVES' HOUSEHOLD LABOR, 1850-1880 103 Yale Law Journal 1073 (March, 1994) Introduction I. Genesis of a Rights Discourse A. The Law of Marital Property in the Antebellum Era B. Women's Household Labor in the Antebellum Era C. Ideological Sources of Joint Property Advocacy 1. Utopian Communitarianism 2. Abolitionism and Political Antislavery 3. The Roots of Woman's Rights in Separate Spheres Ideology II. Joint Property... 1994
C. Jeanne Bassett HOUSE BILL 591: FLORIDA COMPENSATES ROSEWOOD VICTIMS AND THEIR FAMILIES FOR A SEVENTY-ONE-YEAR-OLD INJURY 22 Florida State University Law Review 503 (Fall, 1994) I. Introduction II. What is a Claim Bill? III. Background on Rosewood IV. The Controversy V. Legislative History A. Failed Bills B. A Study Is Commissioned C. A New Claim Bill Is Filed; A Special Master Hearing Is Conducted D. House Bill 591 Moves Through House and Senate E. Governor Chiles Signs VI. Conclusion On May 4, 1994, Governor Chiles... 1994
Glenn W. Falk HOUSING DISCRIMINATION LAW 14 QLR 593 (Winter 1994) The United States Court of Appeals for the Second Circuit has frequently been the locus of significant developments in the field of housing discrimination law. In major cases of the last decade, such as Huntington , Yonkers , and Starrett City , the Second Circuit has issued influential decisions concerning claims against governmental and private... 1994
Philip D. Tegeler HOUSING SEGREGATION AND LOCAL DISCRETION 3 Journal of Law & Policy 209 (1994) The severe inequities that characterize American metropolitan systems of education, housing and employment are closely related to the geographic concentration of low-income families in inner city neighborhoods. A high degree of racial isolation also frequently accompanies poverty concentration in urban schools and neighborhoods. This physical... 1994
Martin J. O'Hara IS IT A CRIME TO LIVE IN PUBLIC HOUSING? A PROPOSAL TO THE ILLINOIS GENERAL ASSEMBLY TO AMEND THE AUTOMATIC TRANSFER STATUTE 27 John Marshall Law Review 855 (Spring 1994) Prior to 1989, the juvenile court would automatically transfer juveniles charged with selling drugs on or near any school property from the jurisdiction of the juvenile courts to that of the adult criminal court system. In 1989, the Illinois legislature expanded the safe school zone protection area to include public housing. The legislature took... 1994
Cynthia L. Estlund LABOR, PROPERTY, AND SOVEREIGNTY AFTER LECHMERE 46 Stanford Law Review 305 (January, 1994) In 1992, the Supreme Court held in Lechmere, Inc. v. NLRB that an employer may lawfully prohibit union organizers from soliciting on private property unless the organizers faced unique obstacles to communication by other means. Cynthia L. Estlund argues that Lechmere represents an overbroad conception of property owners' right to exclude, by... 1994
Karla A. Francken LEAD-BASED PAINT POISONING LIABILITY: WISCONSIN REALTORS, RESIDENTIAL PROPERTY SELLERS, AND LANDLORDS BEWARE 77 Marquette Law Review 550 (Spring, 1994) Lead has been used almost universally throughout civilizations, dating back to at least 3500 B.C. It has been smelted in Southwest Asia and Europe since 2500 B.C., and artifacts containing the metal have been found during excavations of the city of Troy, which was destroyed in approximately 1200 B.C. Lead also was used in the structure of the... 1994
G. Andrew Barger LOST IN CYBERSPACE: INVENTORS, COMPUTER PIRACY AND "PRINTED PUBLICATIONS" UNDER SECTION 102(B) OF THE PATENT ACT 71 University of Detroit Mercy Law Review 353 (Winter 1994) The year was 1952. Harry S. Truman was in the White House, the Yankees beat the Brooklyn Dodgers in the World Series and General Motors introduced its first air conditioning option to a receptive American public. The year 1952 also marked another significant event. It was the year Congress enacted the current Patent Act. This period in American... 1994
Antonia M. De Meo MORE EFFECTIVE PROTECTION FOR NATIVE AMERICAN CULTURAL PROPERTY THROUGH REGULATION OF EXPORT 19 American Indian Law Review 1 (1994) Brothers, -- You see this vast country before us, which the Great Spirit gave to our fathers and us; you see the buffalo and deer that now are our support. -- Brothers, you see these little ones, our wives and children, who are looking to us for food and raiment; and you now see the foe before you, that they have grown insolent and bold; that all... 1994
Julia Patterson Forrester MORTGAGING THE AMERICAN DREAM: A CRITICAL EVALUATION OF THE FEDERAL GOVERNMENT'S PROMOTION OF HOME EQUITY FINANCING 69 Tulane Law Review 373 (December, 1994) A. Recent Growth of Home Equity Financing B. Risks of Home Equity Financing C. Predatory Lending D. The Fresh Start Policy of Bankruptcy A. Federal Support of the Mortgage Market B. Tax Law C. Federal Preemption of State Law D. Bankruptcy Law E. Promotion of Home Ownership as a Worthwhile Goal A. Tax Law 1. Description and Legislative History 2.... 1994
Patricia M. Hanrahan NO HOME? NO VOTE 21-WTR Human Rights 8 (Winter, 1994) When I lost my home, I lost my right to vote. This lament is frequently heard by advocates working among the thousands of Americans living in our nation's homeless communities. Nonetheless, only 13 states have policies protecting homeless peoples' right to register and vote and only Illinois has enacted a homeless voter registration statute. On... 1994
Martha A. Lees PRESERVING PROPERTY VALUES? PRESERVING PROPER HOMES? PRESERVING PRIVILEGE?: THE PRE- EUCLID DEBATE OVER ZONING FOR EXCLUSIVELY PRIVATE RESIDENTIAL AREAS, 1916-1926 56 University of Pittsburgh Law Review 367 (Winter 1994) I. Introduction. 368 II. Historical and Legal Background. 370 A.The Genesis of Exclusively Private Residential Zoning. 370 B.The Class-Segregating Effect of Exclusively Private Residential Zoning. 375 III. Motivations Driving the Criticism of Exclusively Private Residential Zoning and Zoning Proponents' Responses. 380 A.The Criticism. 380 1.The... 1994
Stephen B. Kinnaird PUBLIC HOUSING: ABANDON HOPE, BUT NOT PRIVATIZATION 103 Yale Law Journal 961 (January, 1994) Jack Kemp has a deft populist touch. As Secretary of the Department of Housing and Urban Development (HUD) during the Bush Administration, Kemp took a dry economic theory, privatization, and recast it as the centerpiece of a radical new low-income housing policy. Borrowing the rhetoric of the war on poverty and empowerment from the Left, Kemp... 1994
Paul B. Fischer RACIAL AND LOCATIONAL PATTERNS OF SUBSIDIZED HOUSING IN THE CHICAGO SUBURBS 1 Georgetown Journal on Fighting Poverty 384 (1994) The 1992 Los Angeles riots reminded us once again of the destructive consequences of the severe class and racial isolation that characterizes metropolitan America. Most low-income blacks and Hispanics are confined to inner-city neighborhoods with declining job opportunities and fiscally starved public services, while higher income groups flee to... 1994
David Friedman STANDARDS AS INTELLECTUAL PROPERTY: AN ECONOMIC APPROACH 19 University of Dayton Law Review 1109 (Spring 1994) The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries . . . . Over the past two decades, courts have tried to define the protection provided by copyright law to computer programs. One issue often... 1994
Jack Macmullan THE CONSTITUTIONALITY OF STATE HOME SCHOOLING STATUTES 39 Villanova Law Review 1309 (1994) Home schooling is the education of children in the home as opposed to education in an institutional setting away from the home. Estimates of the number of families nationwide educating their children at home range as high as one million. Typically, the teachers in home schools are the parents themselves. While there are a variety of reasons why... 1994
Barbara Sard THE MASSACHUSETTS EXPERIENCE WITH TARGETED TENANT-BASED RENTAL ASSISTANCE FOR THE HOMELESS: LESSONS ON HOUSING POLICY FOR SOCIALLY DISFAVORED GROUPS, PART II 1 Georgetown Journal on Fighting Poverty 182 (1994) Part I of this series demonstrated that tenant-based rental assistance enables members of socially disfavored groups to succeed in renting decent, permanent, affordable housing if housing locator services are provided. Part II examines the process of how rental assistance applicants obtain the various forms of housing subsidies. It concludes that... 1994
Barbara Sard THE MASSACHUSETTS EXPERIENCE WITH TARGETED TENANT-BASED RENTAL ASSISTANCE FOR THE HOMELESS: LESSONS ON HOUSING POLICY FOR SOCIALLY DISFAVORED GROUPS, PART II 1 Georgetown Journal on Fighting Poverty 182 (1994) Part I of this series demonstrated that tenant-based rental assistance enables members of socially disfavored groups to succeed in renting decent, permanent, affordable housing if housing locator services are provided. Part II examines the process of how rental assistance applicants obtain the various forms of housing subsidies. It concludes that... 1994
Barbara Sard THE MASSACHUSETTS EXPERIENCE WITH TARGETED TENANT-BASED RENTAL ASSISTANCE FOR THE HOMELESS: LESSONS ON HOUSING POLICY FOR SOCIALLY DISFAVORED GROUPS, PART III 1 Georgetown Journal on Fighting Poverty 216 (1994) Part III of this series attempts to place in a larger context the benefits of tenant-based rental assistance identified in the first two parts of the series. To do this, Part III examines the success of tenant-based rental assistance programs in meeting a range of housing policy goals. It explores the possibilities for using tenant-based rental... 1994
Bryan Beier THE PERILS OF ANALOGICAL REASONING: JOSEPH WILLIAM SINGER, PROPERTY AND SOVEREIGNTY AND PROPERTY 1 George Mason University Law Review 33 (Spring, 1994) [I]t is characteristic of reasoning by analogy, as I understand it here, that lawyers are not able to explain the basis for these beliefs in much depth or detail, or with full specification of the theory that accounts for those beliefs. Reasoning by analogy is one of the most common and most useful means of thinking about problems. Instinctively... 1994
Ross R. Hartog THE PSYCHOLOGICAL IMPACT OF AIDS ON REAL PROPERTY AND A REAL ESTATE BROKER'S DUTY TO DISCLOSE 36 Arizona Law Review 757 (1994) To date, the Arizona State Legislature has failed to enact a statute detailing a real estate broker's duty to disclose a property seller's AIDS status. Nationally, real estate brokers have the fiduciary duty to disclose to potential buyers all material facts affecting the value of property made available for sale. There is little question that a... 1994
Shelby D. Green THE PUBLIC HOUSING TENANCY: VARIATIONS ON THE COMMON LAW THAT GIVE SECURITY OF TENURE AND CONTROL 43 Catholic University Law Review 681 (Spring 1994) The purpose of the United States Housing Act is to promote the general welfare of the Nation by employing its funds and credit . . . to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of lower income. After nearly sixty years, and despite the employment of a wide... 1994
Elizabeth B. Bowling VIEWING METROPOLITAN HOUSING AUTHORITIES AS PARTIES TO BE JOINED, IF FEASIBLE, IN FAIR HOUSING SUITS: WILL MINNESOTA BREAK "A GREAT SILENCE?" 78 Minnesota Law Review 733 (February, 1994) Racial segregation persists in publicly funded housing despite judicial and regulatory mandates to integrate. Federal and state constitutions and statutes require the over 3,000 public housing agencies (PHA's) operating across the country to correct racial segregation in publicly funded housing. Nevertheless, two continuing forms of racial... 1994
Johnny Parker WHEN JOHNNY CAME MARCHING HOME AGAIN: A CRITICAL REVIEW OF CONTEMPORARY EQUAL PROTECTION INTERPRETATION 37 Howard Law Journal 393 (Spring, 1994) To be a negro in America and to be relatively aware is to be in a constant state of rage. Dr. Martin Luther King An important tenet of early western political theory was the idea of equality among men. This idea was not incorporated into the original Constitution; consequently, a large segment of American society was perceived as neither equal in... 1994
Victoria A. Roberts WITH A HANDSHAKE AND A SMILE: THE FIGHT TO ELIMINATE HOUSING DISCRIMINATION 73 Michigan Bar Journal 276 (March, 1994) One of the earliest and most significant reported Michigan cases on housing discrimination is one in which African-American attorneys figured prominently. In Sipes v McGhee, the Sipes family sued to restrain Mr. and Mrs. McGhee from living in their home, which was located in an all-white neighborhood in Detroit. The restrictive deed covenant which... 1994
Henry G. Cisneros WITH LIBERTY AND JUSTICE FOR ALL: HOW AMERICA CAN PROVIDE FAIR HOUSING FOR ALL ITS PEOPLE 1 Hispanic Law Journal 53 (1994) C1-4TABLE OF CONTENTS L1-4 I. L2-3,T3Introduction 54. L1-4 II. L2-3,T3The Challenges We Face 56. L1-4 III. L2-3,T3The Fair Housing Executive Order 59. L1-4 IV. L2-3,T3What HUD is Doing 62. A. Eliminating Housing Discrimination. 64 B. Maximizing Residential Choice. 65 C. HUD's Themes of Choice and Transitions. 67 L1-4 V. L2-3,T3Conclusion: Faith in... 1994
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