Peter W. Salsich, Jr. A DECENT HOME FOR EVERY AMERICAN: CAN THE 1949 GOAL BE MET? 71 North Carolina Law Review 1619 (June, 1993) If one were looking for an image to dramatize the severity of the contemporary housing crisis in America, two stories in the Sunday, November 22, 1992 edition of the New York Times would be strong contenders. The Metro section reported that a state supreme court justice in Manhattan ordered four New York City officials to spend the night on the... 1993
Chester Hartman A UNIVERSAL SOLUTION TO THE MINORITY HOUSING PROBLEM 71 North Carolina Law Review 1557 (June, 1993) Although health care, welfare reform, and the economy have captured the lion's share of attention at the outset of the Clinton era, housing ought to be an equally critical issue. But it is not. Relatively little was said about housing during the 1992 election campaign, and it is noteworthy that Mandate for Change, the intellectual-political... 1993
James J. Hartnett AFFORDABLE HOUSING, EXCLUSIONARY ZONING, AND AMERICAN APARTHEID: USING TITLE VIII TO FOSTER STATEWIDE RACIAL INTEGRATION 68 New York University Law Review 89 (April, 1993) The devastating riots in Los Angeles in 1992 caused America to focus, at least temporarily, on the intractable problems of the urban ghetto. Many of these problems, such as pervasive crime, widespread drug abuse, teenage pregnancy, and structural unemployment, have been much discussed, and various solutions have been proposed. However, a major... 1993
Jeremy Rabkin AT THE PRESIDENT'S SIDE: THE ROLE OF THE WHITE HOUSE COUNSEL IN CONSTITUTIONAL POLICY 56-AUT Law and Contemporary Problems 63 (Autumn, 1993) Whatever else it achieved in its first months in office, the Clinton Administration made U.S. citizens more aware of the White House Counsel's Office. The Counsel's Office was at the center of the brief uproar that arose when the press discovered that presidential aides had manipulated the FBI to put White House patronage maneuvers (replacing... 1993
James E. Rosenbaum , Nancy Fishman , Alison Brett , Patricia Meaden CAN THE KERNER COMMISSION'S HOUSING STRATEGY IMPROVE EMPLOYMENT, EDUCATION, AND SOCIAL INTEGRATION FOR LOW-INCOME BLACKS? 71 North Carolina Law Review 1519 (June, 1993) The Kerner Commission placed a heavy emphasis on racial integration, calling it the only course which explicitly seeks to achieve a single nation rather than accepting the present movement toward a dual society. And, as the introductory Essay to this Symposium indicates, only in the housing area did the Commission prescribe solutions tailored to... 1993
Daniel M. Warner CAVEAT SPIRITUS: A JURISPRUDENTIAL REFLECTION UPON THE LAW OF HAUNTED HOUSES AND GHOSTS 28 Valparaiso University Law Review 207 (Fall, 1993) A decade ago, a California state court gave judicial countenance to the concept that real estate burdened by a bloody past (the site of a multiple murder) might be psychologically impacted, i.e., that its value might diminish due to non-physical, non-scientificeven irrationalperceptions by the buyer that the property was tainted. This court... 1993
Kathleen Marie Quinn CONNECTICUT v. MOONEY AND EXPECTATION OF PRIVACY: THE DOUBLE EDGED SWORD OF ADVOCACY FOR THE HOMELESS 13 Boston College Third World Law Journal 87 (Winter, 1993) We have reached that point in our society's evolution where, in order to extend Fourth Amendment protection to the homeless to be free from unreasonable searches and seizures of their personal property, we must also recognize our society's acceptance of the existence and conditions of homelessness. In granting an expectation of privacy to a... 1993
Teryl Smith Eisenberg CONNECTICUT v. MOONEY: CAN A HOMELESS PERSON FIND PRIVACY UNDER A BRIDGE? 13 Pace Law Review 229 (Winter, 1993) The great end, for which men entered into society, was to secure their property. To achieve this purpose, the framers of the United States Constitution enacted the Fourth Amendment, which includes a search and seizure clause and a warrant clause: The right of the people to be secure in their persons, houses, papers, and effects, against... 1993
Michele Timmons , Judy Grant , Teri Popp , Heidi Westby COUNTY HOME RULE COMES TO MINNESOTA 19 William Mitchell Law Review 811 (1993) I. Introduction . 813 II. The Concept of County Home Rule . 815 A. Traditional County Government . 815 B. The Concept of Home Rule . 816 1. What is a Home Rule Charter? . 816 2. County Home Rule . 817 C. Advantages of Home Rule . 818 D. Disadvantages of Home Rule . 820 E. Home Rule in Minnesota . 821 1. Constitutional Authority . 821 2. Ramsey... 1993
John P. Dellera COUNTY POWERS IN ASSISTED HOUSING PROGRAMS: THE CONSTITUTIONAL LIMITS IN NEW YORK 20 Fordham Urban Law Journal 109 (Winter, 1993) For some seventy years, and through at least as many programs, governments at the federal, state or local level have contributed to the cost of housing the poor in New York State. Programs have developed slowly, and often with much controversy, from the first modest steps that tried to encourage private investment in low cost housing to current... 1993
Ivan C. Smith DISCRIMINATORY USE OF MODELS IN HOUSING ADVERTISEMENT: THE ORDINARY BLACK READER STANDARD 54 Ohio State Law Journal 1521 (1993) A quarter century after the passage of the Fair Housing Act of 1968 (Title VIII of the Civil Rights Act of 1968), the American landscape remains marked by racial segregation. Housing remains perhaps the most segregated aspect of American life. The Fair Housing Act (FHA) was intended to promote open, integrated residential housing patterns and to... 1993
Michael H. Schill DISTRESSED PUBLIC HOUSING: WHERE DO WE GO FROM HERE? 60 University of Chicago Law Review 497 (Spring, 1993) Public housing increasingly commands public attention. Scarcely a day goes by without reports in the media about the physical, managerial, and social problems that plague some publicly-owned housing developments. Accounts of appalling apartment conditions, corrupt administrators, and innocent bystanders killed by gang warfare are commonplace.... 1993
Lillian Gelberg, M.D., M.S.P.H. FEDERAL AID TO THE HOMELESS 12 National Black Law Journal 163 (Winter, 1993) Although the government has incorporated various efforts to aid the homeless, these attempts have been ineffective in solving the overall problem. Homelessness continues to reach crisis proportions in the United States. Homelessness has hit the Black population particularly hard; in many cities across the United States at least 40%, and as many as... 1993
Robert Cornish FROM MT. LAUREL TO MONTGOMERY: THE CREATION OF AFFORDABLE HOUSING IN ALABAMA 23 Cumberland Law Review 197 (1992/1993) The Supreme Court of New Jersey's decisions in Southern Burlington County N.A.A.C.P. v. Township of Mount Laurel, which created a municipality's obligation to provide the opportunity for a fair share of construction of low and moderate income housing through nonexclusionary zoning, have long been a topic of debate among both scholars and the... 1993
Thomas Weathers GAY CIVIL RIGHTS: ARE HOMESEXUALS ADEQUATELY PROTECTED FROM DISCRIMINATION IN HOUSING AND EMPLOYMENT? 24 Pacific Law Journal 541 (January, 1993) Injustice must be rooted out by strong, persistent and determined actionMartin Luther King, Jr. Society's condemnation of homosexuality has taken many forms; most notably, conspicuous discrimination based solely on one's sexual orientation. Homosexuals have long suffered the indignity of discrimination by both government and private society. Even... 1993
Catherine M. Valerio Barrad GENETIC INFORMATION AND PROPERTY THEORY 87 Northwestern University Law Review 1037 (Spring, 1993) Once again, science has rushed impatiently forward where its plodding brethren of ethics and law have feared to tread. Technological improvements and increasing government commitment of research funds have made possible rapid advances in biotechnology and genetic science. Recent efforts to decode and fathom the mysteries of the human genome have... 1993
Reginald C. Govan HONORABLE COMPROMISES AND THE MORAL HIGH GROUND: THE CONFLICT BETWEEN THE RHETORIC AND THE CONTENT OF THE CIVIL RIGHTS ACT OF 1991 46 Rutgers Law Review 1 (Fall, 1993) I. Introduction II. Political History of Federal Civil Rights Legislation During the 1980s A. Strengthening Enforcement Mechanisms and Restoration of Original Intent B. Reticence to Address Equal Employment Issues C. Nomination Battles III. Civil Rights Decisions During the 1988-89 Term of the Supreme Court A. The June 1989 Decisions B.... 1993
Claudia J. Reed HOUSING LAW-UNITED STATES v. COLUMBUS COUNTRY CLUB: HOW "RELIGIOUS" DOES AN ORGANIZATION HAVE TO BE TO QUALIFY FOR THE FAIR HOUSING ACT'S RELIGIOUS ORGANIZATION EXEMPTION? 15 Western New England Law Review 61 (1993) In 1968, Congress passed the Fair Housing Act (the Act) as part of the Civil Rights Act of 1968. The Act's purpose was to assure every American a full opportunity to obtain housing for himself and his family free from any discrimination on account of race, color, religion, or national origin. The Act prohibits discrimination by owners of rental... 1993
Florence Wagman Roisman IMPROVING GOVERNMENT-ASSISTED HOUSING PROGRAMS 1 Georgetown Journal on Fighting Poverty 49 (1993) As part of the Clinton administration's anti-poverty initiatives, the repair of government-owned and-assisted housing should be a top priority. This will create desperately needed jobs, often in areas with the greatest unemployment, and will protect and enhance the enormous investment of tax dollars the government already has put into such housing.... 1993
Christopher C. Ehrman INTEGRATION VERSUS ANTIDISCRIMINATION: WHICH POLICY SHOULD PREVAIL WHEN APPLYING THE FAIR HOUSING ACT? 24 Memphis State University Law Review 33 (Fall, 1993) Americans live in a society marked by racial segregation now more than any time in history. Often, those rare neighborhoods that appear integrated are merely fluctuating from one racial identity to another. This separation between races exists even though Congress passed the Civil Rights Act, the Voting Rights Act, and the Fair Housing Act of 1968... 1993
Janet E. Stearns , Doreen Fundiller-Zweig IRS TAX EXEMPTIONS AND AFFORDABLE HOUSING: OLD STANDARDS FOR NEW TIMES 2-WTR Journal of Affordable Housing & Community Development Law 10 (Winter, 1993) For more than twenty years, the Internal Revenue Service has recognized the provision of low- and moderate-income housing as a charitable activity, and has granted section 501(c)(3) tax exemptions to qualifying organizations. Over this period of time, many new models of affordable housing have been established. The large public housing projects in... 1993
Beth D. Jarrett & Wes Daniels LAW AND THE HOMELESS: AN ANNOTATED BIBLIOGRAPHY 85 Law Library Journal 463 (Summer, 1993) Ms. Jarrett and Professor Daniels present an annotated classified listing of secondary legal literature on homelessness in the United States. Sources of current awareness information are included. Introduction. 464 I. General Perspectives on Homelessness. 466 A. Background and Statistical Information. 466 1. Women. 474 2. Children and Youth. 475 3.... 1993
Leland B. Ware NEW WEAPONS FOR AN OLD BATTLE: THE ENFORCEMENT PROVISIONS OF THE 1988 AMENDMENTS TO THE FAIR HOUSING ACT 7 Administrative Law Journal of The American University 59 (Spring, 1993) Introduction 60 I. The Origins of Racially Segregated Housing. 64 II. The Fair Housing Act of 1968. 68 A. The Legislative History of the 1968 Act. 69 B. The Enforcement Mechanism of the Fair Housing Act of 1968. 75 1. Administrative Proceedings. 76 2. Referrals to State and Local Agencies. 76 3. Civil Actions in District Court. 77 C. Enforcement... 1993
Jennifer M. English PROPERTY 24 Pacific Law Journal 983 (January, 1993) Civil Code ยงยง 1363, 1366.1 (amended). SB 1750 (Mello); 1992 Stat. Ch. 1332 Under existing law, recorded restrictions on the use or enjoyment of common interest developments are enforceable as equitable servitudes. Chapter 1332 requires the board of directors of a common interest development association to notify all members of the association of... 1993
Stephen J. Schnably PROPERTY AND PRAGMATISM: A CRITIQUE OF RADIN'S THEORY OF PROPERTY AND PERSONHOOD 45 Stanford Law Review 347 (January, 1993) I. Introduction. 347 II. Radin's Theory of Property and Personhood. 354 III. Personhood as an Arena of Power and Resistance. 361 A. The Appeal to Consensus. 362 1. The nonexistence of consensus. 363 2. The impossibility of bracketing consensus. 371 3. The first heuristic. 375 B. Commodification as Absolute Power. 379 1. The tendency toward stasis.... 1993
Jessica Heslop , Joel Roberto PROPERTY RIGHTS IN THE UNIFIED GERMANY: A CONSTITUTIONAL, COMPARATIVE, AND INTERNATIONAL LEGAL ANALYSIS 11 Boston University International Law Journal 243 (Fall, 1993) C1-3Table of Contents I. Introduction. 244 II. Constitutional Protection for Property Under German Law from 1849 to 1933. 245 III. A New Property Regime in the Former East Germany. 248 A. The Joint Declaration. 248 B. The Treuhandgesetz and the Treuhandanstalt. 251 C. The Unification Treaty. 254 D. Laws Governing the Restitution Issue. 257 1. The... 1993
John A. Miller RATIONALIZING INJUSTICE: THE SUPREME COURT AND THE PROPERTY TAX 22 Hofstra Law Review 79 (Fall 1993) (T)he conduct of government is the testing ground of social ethics and civilized living. Don't tax you, don't tax me, Tax that fellow behind the tree. I. Introduction . 80 II. Three Aspects of the Question Addressed . 83 A. The Property Tax in Theory and in Practice . 83 B. Proposition 13 . 89 C. The Equal Protection Clause and the Rational Basis... 1993
James J. Dodd-o , Martin A. Toth THE EMPEROR'S NEW CLOTHES: A SURVEY OF SIGNIFICANT COURT DECISIONS INTERPRETING PENNSYLVANIA'S SOVEREIGN IMMUNITY ACT AND ITS WAIVERS 32 Duquesne Law Review 1 (Fall, 1993) Prior to 1978, the Commonwealth of Pennsylvania (Commonwealth), its agencies and employees were immune from suits except for those instances in which the General Assembly, pursuant to article I, section 11 of the Pennsylvania Constitution had waived the immunity bar. The Pennsylvania Supreme Court succinctly stated that immunity is the... 1993
Cindy Lee Soper THE FAIR HOUSING ACT AMENDMENTS OF 1988: NEW ZONING RULES FOR GROUP HOMES FOR THE HANDICAPPED 37 Saint Louis University Law Journal 1033 (Summer, 1993) TITLE VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act (FHA), was enacted to prohibit housing discrimination based on race, color, religion, national origin, or sex. Twenty years later, Congress enacted the Fair Housing Amendments Act of 1988 (FHAA), which extended the same protection to the handicapped. Despite the... 1993
Sharon N. Humble THE FEDERAL GOVERNMENT'S MACHIAVELLIAN IMPEDIMENT OF THE STATES' COLLECTION OF PROPERTY TAXES THROUGH THE FDIC'S REGULATION OF FAILED FINANCIAL INSTITUTIONS: DOES THE END JUSTIFY THE LIENS? 25 Saint Mary's Law Journal 493 (1993) I. Introduction. 493 II. Legal Background. 499 A. Federalism and the States' Power to Tax. 499 B. FIRREA: A Means to an End. 507 III. Analysis of the Problem. 513 A. Overcoming the Fallacies of the FDIC's Arguments. 513 1. Tax Liens Are Not a Tax on the FDIC. 513 2. Tax Liens Attach Prior to FDIC Receivership, and It Is the Tax Liens, Not the... 1993
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