| Author | Title | Citation | Summary | Year |
| Louis Kaplow, Steven Shavell |
PROPERTY RULES VERSUS LIABILITY RULES: AN ECONOMIC ANALYSIS |
109 Harvard Law Review 713 (February, 1996) |
C1-3TABLE OF CONTENTS PAGE I. Introduction. 715 II. Harmful Externalities. 723 A. Parties Do Not Bargain with Each Other. 724 1. State's Information Is Perfect. 724 2. State's Information Is Imperfect. 725 3. Concerns About the Use of Liability Rules When the State's Information Is Imperfect. 728 (a) The Possibility That Difficulty in Estimating... |
1996 |
| Margaret A. Burnham |
PROPERTY, PARENTHOOD, AND PEONAGE: REFLECTIONS ON THE RETURN TO STATUS QUO ANTEBELLUM |
18 Cardozo Law Review 433 (November, 1996) |
Cheryl Harris demonstrates how intertwining racial and gender boundaries, whose shadows are long, longstanding, and ominous, were initially constructed around the legal principle of human chattel as personal property. She insightfully argues that slavery inextricably linked the concepts of race and property in the American legal imagination; that... |
1996 |
| Justin D. Cummins |
RECASTING FAIR SHARE: TOWARD EFFECTIVE HOUSING LAW AND PRINCIPLED SOCIAL POLICY |
14 Law & Inequality: A Journal of Theory and Practice 339 (June, 1996) |
Introduction 340 I. The Context and Consequences of Current Legal and Policy Failure 341 A. The Significance of Housing: The Close Nexus with Critical Institutions 342 B. The History of Housing Patterns: Free-Market Choice for Some 351 C. The Ramifications of a Racialized Housing Market: Regional Decline 358 D. The Aftermath of the Fair Housing... |
1996 |
| Joan Williams |
RECOVERING THE FULL COMPLEXITY OF OUR TRADITIONS: NEW DEVELOPMENTS IN PROPERTY THEORY |
46 Journal of Legal Education 596 (December, 1996) |
Common sense is not what the mind cleared of cant spontaneously apprehends; it is what the mind filled with presuppositions ... concludes. Any essay on theory must begin by remembering that legal education is plagued not only by too little theory but by too little focus on practice. I remember my distress as a student when I completed a full-year... |
1996 |
| Michael Kent Curtis |
RESURRECTING THE PRIVILEGES OR IMMUNITIES CLAUSE AND REVISING THE SLAUGHTER–HOUSE CASES WITHOUT EXHUMING LOCHNER: INDIVIDUAL RIGHTS AND THE FOURTEENTH AMENDMENT |
38 Boston College Law Review 1 (December, 1996) |
The decision in the SlaughterHouse Cases liquidated the Privileges or Immunities Clause of the Fourteenth Amendment. The Clause has never been resurrected. On the larger question of national protection for civil liberties, the decision no longer means what it says because much of the damage done by SlaughterHouse has been corrected under the Due... |
1996 |
| Michelle Adams |
SEPARATE AND [UN]EQUAL: HOUSING CHOICE, MOBILITY, AND EQUALIZATION IN THE FEDERALLY SUBSIDIZED HOUSING PROGRAM |
71 Tulane Law Review 413 (December, 1996) |
The history of racial discrimination and inequality in the federally subsidized housing program is extensive and well-documented. For a number of years, commentators have sought to identify types of systemic housing discrimination and determine appropriate remedies for it. Advocates of two commonly discussed methods of remediation--spatial equality... |
1996 |
| Stewart M. Wiener |
SUBSTANTIVE DUE PROCESS IN THE TWILIGHT ZONE: PROTECTING PROPERTY INTERESTS FROM ARBITRARY LAND USE DECISIONS |
69 Temple Law Review 1467 (Winter 1996) |
Government is no more wise, compassionate, or understanding when it regulates the economic marketplace than when it censors expression. In zoning matters . . . [c]onsiderations fundamental to the purpose of land-use regulation are swept away as the authorities succumb to their own desires and fears as well as [the desires] of those who exert most... |
1996 |
| Rosemarie Maldonado , Robert D. Rose |
THE APPLICATION OF CIVIL RIGHTS LAWS TO HOUSING COOPERATIVES: ARE CO-OPS BASTIONS OF DISCRIMINATORY EXCLUSION OR SELF-SELECTING MODELS OF COMMUNITY-BASED LIVING? |
23 Fordham Urban Law Journal 1245 (Summer 1996) |
New York City has the largest market for cooperative apartments in the nation. The popularity of cooperatives is due, at least in part, to their self-governing aspect, which is effectuated by a board of directors. Self-governance enables tenant-shareholders to carefully maintain and control their living environment including who gains admission to... |
1996 |
| Mary Caroline Lee |
THE CONFLICT BETWEEN "FAIR HOUSING" AND FREE SPEECH |
4 William & Mary Bill of Rights Journal 1223 (Summer 1996) |
Under the Fair Housing Act and its 1988 amendments, the Department of Housing and Urban Development has the power to investigate alleged discrimination in public housing. The targets of these investigations are often neighborhood organizations and community groups voicing their opposition to the placement of public housing in their neighborhoods.... |
1996 |
| Scott A. Johnson |
THE CONFLICT BETWEEN RELIGIOUS EXERCISE AND EFFORTS TO ERADICATE HOUSING DISCRIMINATION AGAINST NONTRADITIONAL COUPLES: SHOULD FREE EXERCISE PROTECT LANDLORD BIAS? |
53 Washington and Lee Law Review 351 (1996) |
Traditional religious beliefs have increasingly come under fire in today's society, in part due to the widening gulf that exists between the morals and ideals of traditional religions and the views of modern secular society. The rise of the religious right in the political arena has brought about a rhetoric derogatory of all who place religion as... |
1996 |
| Lorne Sossin |
THE CRIMINALIZATION AND ADMINISTRATION OF THE HOMELESS: NOTES ON THE POSSIBILITIES AND LIMITS OF BUREAUCRATIC ENGAGEMENT |
22 New York University Review of Law and Social Change 623 (1996) |
Introduction. 624 I. The Homeless. 634 A. A Diverse Community. 634 B. Causes of Homelessness. 637 C. The Changing Nature of the Public's Response to Homelessness. 638 II. The Legal Regime of Homelessness. 640 A. Criminalizing Homelessness. 640 1. Anti-Panhandling Laws. 640 2. The Fall of Vagrancy and Loitering Laws and the Rise of Other Forms of... |
1996 |
| Corina R. Caplan |
THE DECLINE AND RECENT REVIVAL OF ABSOLUTE VICARIOUS LIABILITY UNDER THE FAIR HOUSING ACT |
48 Rutgers Law Review 581 (Winter 1996) |
Congress enacted the Fair Housing Act (FHA or Act) in 1968 to provide, within constitutional limitations, for fair housing throughout the United States. This ambitious law codified the right to equal opportunity in obtaining various types of real estate-related services, and promised to induce widespread improvements in America's segregated... |
1996 |
| Jim Morales |
THE EMERGENCE OF FAIR HOUSING PROTECTIONS AGAINST ARBITRARY OCCUPANCY STANDARDS |
9 La Raza Law Journal 103 (1996) |
Historically, young families in this country, particularly those with low incomes, have maximized the use of space in their homes when they have children. A recent article in The New York Times provides an example from the biography of Senator Bob Dole: Mr. Dole grew up on the north side of Russell, quite literally the wrong side of the tracks, in... |
1996 |
| Peter Engel |
THE READING ROOM: FAIRER HOUSING: PROPOSALS FOR IMPROVING THE FAIR HOUSING ACT |
5-WTR Journal of Affordable Housing & Community Development Law 114 (Winter, 1996) |
The Fair Housing Act (FHA) was passed in 1968 with the intent to eliminate segregation and discrimination in housing. Believing that it had failed in some respects to achieve this goal, Congress passed the Fair Housing Amendments Act of 1988 on the twentieth anniversary of the FHA. Many commentators continue to believe that the FHA has failed to... |
1996 |
| 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 |
| 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 |