Robert G. Schwemm THE FUTURE OF FAIR HOUSING LITIGATION 26 John Marshall Law Review 745 (Summer, 1993) This article is a revised version of the keynote address I gave at a conference entitled Where is Fair Housing Headed in This Decade? sponsored by The John Marshall Law School in the Fall of 1992. As its title implies, the conference focused on the future of fair housing, and my address dealt with certain developments that I felt were not only... 1993
Barbara Sard THE MASSACHUSETTS EXPERIENCE WITH TARGETED TENANT-BASED RENTAL ASSISTANCE FOR THE HOMELESS: LESSONS ON HOUSING POLICY FOR SOCIALLY DISFAVORED GROUPS, PART I 1 Georgetown Journal on Fighting Poverty 16 (1993) My purpose in writing this article is to share insights gained from the Massachusetts effort, beginning in 1985, to target tenant-based rental assistance to homeless and imminently homeless families and individuals. While conservatives have generally endorsed tenant-based subsidies to the extent that they have endorsed any housing subsidy program,... 1993
Barbara Sard THE MASSACHUSETTS EXPERIENCE WITH TARGETED TENANT-BASED RENTAL ASSISTANCE FOR THE HOMELESS: LESSONS ON HOUSING POLICY FOR SOCIALLY DISFAVORED GROUPS, PART I 1 Georgetown Journal on Fighting Poverty 16 (1993) My purpose in writing this article is to share insights gained from the Massachusetts effort, beginning in 1985, to target tenant-based rental assistance to homeless and imminently homeless families and individuals. While conservatives have generally endorsed tenant-based subsidies to the extent that they have endorsed any housing subsidy program,... 1993
Timothy R. Fulkerson TORTS 24 Pacific Law Journal 1057 (January, 1993) Civil Code § 798.76 (amended); Government Code §§ 12955.1, 12955.2, 12955.3, 12955.4, 12955.5, 12955.6, 12989, 12989.1, 12989.2, 12989.3 (new); §§ 12920, 12927, 12930, 12931, 12935, 12955, 12980, 12981, 12984, 12986, 12987, 12995 (amended). SB 1234 (Calderon); 1992 Stat. Ch. 182 Existing law prohibits discrimination against anyone seeking housing... 1993
George D. Vaubel TOWARD PRINCIPLES OF STATE RESTRAINT UPON THE EXERCISE OF MUNICIPAL POWER IN HOME RULE 22 Stetson Law Review 643 (Spring, 1993) This Article continues a study of state and local relations which includes articles on allocation of governmental power and the superiority of state power, including its application and scope. It will reexamine the severity of state control over matters of predominant state interests. Its objective is to suggest safeguards which would make state... 1993
Cheryl I. Harris WHITENESS AS PROPERTY 106 Harvard Law Review 1709 (June, 1993) Issues regarding race and racial identity as well as questions pertaining to property rights and ownership have been prominent in much public discourse in the United States. In this article, Professor Harris contributes to this discussion by positing that racial identity and property are deeply interrelated concepts. Professor Harris examines how... 1993
Barbara Bennett Woodhouse "WHO OWNS THE CHILD?": MEYER AND PIERCE AND THE CHILD AS PROPERTY 33 William and Mary Law Review 995 (Summer, 1992) I. The Nature of the Project II. Language Laws, Common Schooling, and the Politics of Pluralism A. Language Laws and Common Schooling in Historical Context B. Americanization as a National Progressive Reform Movement C. A Test Case: Metamporphosis from Religious Liberty to Parental Rights III. Universal Common Schooling and the Populist Legacy A.... 1992
Melinda Westbrook CONNECTICUT'S NEW AFFORDABLE HOUSING APPEALS PROCEDURE: ASSAULTING THE PRESUMPTIVE VALIDITY OF LAND USE DECISIONS 66 Connecticut Bar Journal 169 (June, 1992) Connecticut has a serious shortage of affordable housing. Statewide estimates show that among Connecticut's 169 municipalities, 169,000 households are in need of adequate shelter. In the capitol region alone, one state agency has estimated that the affordable housing shortage affects over 32,000 households. The recent downturn in Connecticut's... 1992
Johnnie Scott Jr. ERADICATING DISCRIMINATORY HOUSING PRACTICES: THE ROLE OF DAMAGES AND THE DISCRIMINATORY EFFECTS OF EVIDENTIARY STANDARDS IN FAIR HOUSING LITIGATION 22 New Mexico Law Review 571 (Spring, 1992) The barriers of housing discrimination stifle hope and achievement, and promote rage and despair; they tell the Negro citizen trapped in an urban slum there is no escape, that even were he able to get decent education and a good job, he would still not have the freedom other Americans enjoy to choose where he and his family will live. This... 1992
Valerie Walsh Johnson FAIR HOUSING ACT-RAGIN v. NEW YORK TIMES: IS IT TIME TO END THE USE OF MODELS IN HOUSING ADVERTISEMENTS? 22 Memphis State University Law Review 401 (Winter, 1992) Plaintiffs, black prospective home purchasers and an equal opportunity organization, filed suit against The New York Times Company (the Times) in the United States District Court for the Southern District of New York, alleging that the newspaper's publishing over a period of years of housing advertisements with substantially all white models... 1992
Mark W. Zimmerman OPENING THE DOOR TO RACE-BASED REAL ESTATE MARKETING: SOUTH-SUBURBAN HOUSING CENTER V. GREATER SOUTH SUBURBAN BOARD OF REALTORS 41 DePaul Law Review 1271 (Summer, 1992) Despite Dr. King's emphatic pronouncement over one quarter of a century ago, most communities in the Chicago metropolitan area have not responded in kind; the doors to integrated housing are often closed. Congress enacted the Fair Housing Act of 1968 with the dual purposes of ending discriminatory housing practices and promoting integrated housing.... 1992
Denise Speas REAL PROPERTY SURVEY 69 Denver University Law Review 983 (1992) In 1991, the Tenth Circuit Court of Appeals analyzed a variety of issues within the scope of Real Property law. In the landlord tenant context, the court considered whether the presence of a defaulting tenant was a sufficient measure of damages in a breach of contract claim and whether a commercial tenant could be relieved from complying with a... 1992
Michael R. Tein THE DEVALUATION OF NONWHITE COMMUNITY IN REMEDIES FOR SUBSIDIZED HOUSING DISCRIMINATION 140 University of Pennsylvania Law Review 1463 (April, 1992) This Comment argues that judicial treatment of discrimination in subsidized housing has not accorded proper respect to nonwhite community as a legitimate entity. Unwarranted exercise of judicial restraint, despite a broad mandate from the Supreme Court, combined with the courts' binary understanding of the problem and its solution have resulted in... 1992
Elizabeth Schutz THE FOURTH AMENDMENT RIGHTS OF THE HOMELESS 60 Fordham Law Review 1003 (April, 1992) Calculations of the number of homeless people in the United States range from 250,000 or 350,000 up to 3 or 4 million. While there might be debate regarding the exact number of the homeless population, few would disagree that the homeless problem has reached crisis proportions. During the period from 1988 to 1989 alone, the number of homeless... 1992
Matthew J. Smith THE WAGES OF LIVING IN SIN: DISCRIMINATION IN HOUSING AGAINST UNMARRIED COUPLES 25 U.C. Davis Law Review 1055 (Summer, 1992) Mr. French agrees to rent a house that he owns to a young woman named Susan. Susan pays a security deposit and notifies her current landlord that she will be moving out. Two days later, Mr. French changes his mind. He tells Susan that he will not rent the house to her because she intends to live there with her fiancé, Wesley. Mr. French admits that... 1992
Susan T. Kelly UNCLAIMED BILLIONS: FEDERAL ENCROACHMENT ON STATES' RIGHTS IN ABANDONED PROPERTY 33 Boston College Law Review 1037 (September, 1992) United States residents have abandoned and continue to abandon tangible and intangible property valued at billions of dollars. In 1991, under state unclaimed property laws, the fifty states took custody of over $1.2 billion in unclaimed property assets. Current state unclaimed property legislation, traditionally called escheat, empowers states to... 1992
Mike Davis AFTERWORD-A LOGIC LIKE HELL'S: BEING HOMELESS IN LOS ANGELES 39 UCLA Law Review 325 (December, 1991) A mile north of Los Angeles City Hall, under the shadow of the Elysian Hills, the meandering Arroyo Seco joins the Los Angeles River. Two hundred twenty-two years ago the conquistadors of Alta California, the Portola expedition, rested here, enjoying the hospitality of the Indian village of Yang-na. For the past one hundred years, this site more or... 1991
Margalynne Armstrong DESEGREGATION THROUGH PRIVATE LITIGATION: USING EQUITABLE REMEDIES TO ACHIEVE THE PURPOSES OF THE FAIR HOUSING ACT 64 Temple Law Review 909 (Winter, 1991) In a national housing discrimination study, the Department of Housing and Urban Development (HUD) concluded that African-American homeseekers who visit four real estate agents can expect to encounter discrimination seventy-two percent of the time when attempting to rent and forty-eight percent of the time when seeking to purchase housing. In one... 1991
Thomas W. Simon DOUBLE REVERSE DISCRIMINATION IN HOUSING: CONTEXTUALIZING THE STARRETT CITY CASE 39 Buffalo Law Review 803 (Fall, 1991) Law students learn how to brief cases in terms of facts, issue, decision, and rationale. Take the following housing discrimination case: Facts: About 23,000 residents live in an integrated housing complex called Starrett City, built about twenty years ago on a former landfill on the outskirts of the East New York section of Brooklyn. Starrett City... 1991
Suja A. Thomas EFFORTS TO INTEGRATE HOUSING: THE LEGALITY OF MORTGAGE-INCENTIVE PROGRAMS 66 New York University Law Review 940 (June, 1991) [T]here can be no question about the importance to a community of promoting stable, racially integrated housing. Although the Supreme Court made that statement many years ago, today, housing segregation persists. As a result, many American cities face undesirable consequences, including economic and social losses, segregated schools, and... 1991
Joseph D. Rich ENFORCEMENT OF THE FAIR HOUSING ACT, AS AMENDED, BY THE DEPARTMENT OF JUSTICE 46 Business Lawyer 1335 (May, 1991) When the Fair Housing Act was first passed in 1968, the federal government's enforcement authority was quite limited. The Department of Justice (the Department) was authorized to initiate civil actions in federal court when it determined that any person or group of persons was engaged in a pattern and practice of resistance to the full enjoyment... 1991
Janet E. Stearns FAIR ADVERTISING: RESTRICTIONS UNDER THE FEDERAL FAIR HOUSING ACT 5-OCT Probate and Property 17 (September/October, 1991) How often have you seen an advertisement for a new home showing the model residentsa husband and wife and two children (one boy and one girl, of course)all of whom are white? Such advertisements may constitute violations of the Federal Fair Housing Act (the Act). The Federal Fair Housing Amendments Act of 1988 put additional teeth into fair... 1991
Craig Ulrich HOME MORTGAGE DISCLOSURE ACT DEVELOPMENTS 46 Business Lawyer 1077 (May, 1991) During 1990, the federal bank supervisory agencies took final steps to implement changes to the mortgage loan reporting requirements of the Federal Home Mortgage Disclosure Act of 1975 (HMDA) mandated by the Financial Institution Reform, Recovery, and Enforcement Act of 1989 (FIRREA). HMDA's background and the substance of the changes mandated... 1991
Barbara Sard HOUSING THE HOMELESS THROUGH EXPANDING ACCESS TO EXISTING SUBSIDIZED HOUSING PROGRAMS 36 Villanova Law Review 1113 (November, 1991) This article asserts that homelessness in America today is essentially a product of the lack of affordable housing for very low income people. Macro solutions in the form of increased incomes, an increased number of subsidies for housing and an increased supply of lower cost housing are vital. However, these macro solutions require years of... 1991
Pedro J. Greer, Jr. MEDICAL PROBLEMS OF THE HOMELESS: CONSEQUENCES OF LACK OF SOCIAL POLICY--A LOCAL APPROACH 45 University of Miami Law Review 407 (November 1990/January 1991) I. INTRODUCTION II. DISEASE AMONG THE HOMELESS III. THE CAMILLUS HEALTH CONCERN IV. CONCLUSION The homeless can no longer be stereotyped as the alcoholic, the deinstitutionalized mentally ill individual, or the bag lady. Those stereotypes of the homeless now constitute a shrinking minority. Today there is a whole new streetperson. The minority... 1991
Ruth F. Masters OPENING THE SCHOOLHOUSE GATE TO HOMELESS CHILDREN 1991 University of Chicago Legal Forum 335 (1991) I feel sad when I see other kids going to school and we are not able to go. I don't want to sit there and be dumb when I grow up. I say to myself Please, somebody, let me stay in one school so I can learn and live in a house like normal people do. For children like Erica, loss of a home often means loss of an education. Homeless children face... 1991
Alan E. Brownstein , Stephen M. Hankins PRUNING PRUNEYARD: LIMITING FREE SPEECH RIGHTS UNDER STATE CONSTITUTIONS ON THE PROPERTY OF PRIVATE MEDICAL CLINICS PROVIDING ABORTION SERVICES 24 U.C. Davis Law Review 1073 (Summer, 1991) Introduction I. The Evolution of Pruneyard A. The Short Life of Free Speech Rights on Private Property Under the First Amendment B. Free Speech Rights on Private Property -- The California Precedent 1. Under the First Amendment Umbrella 2. The Shift to State Constitutional Protection: Robins v. Pruneyard Shopping Center C. The Scope of Pruneyard 1.... 1991
Lucie E. White REPRESENTING "THE REAL DEAL" 45 University of Miami Law Review 271 (November 1990/January 1991) I. INTRODUCTION II. PROBING THE REALITIES A. Who Are the Homeless? B. Why Are They Suddenly on the Streets? III. REFLECTING ON THE RHETORIC A. Why Did We Rally Around Homelessness? B. How Well Did the Rhetoric Work? C. What Were Its Costs? 1. A SKEWING OF POLICY 2. ENTRENCHING THE VICTIM FOCUS 3. NUMBING US TO THE PROBLEM D. How Have the Images... 1991
K. Scott Mathews RIGHTS OF THE HOMELESS IN THE 1990s: WHAT ROLE WILL THE COURTS PLAY? 60 UMKC Law Review 343 (Winter, 1991) In recent years, the number of homeless persons in the United States has increased at a staggering level. It has been difficult to obtain an accurate count due to the transitory nature of many homeless individuals. On March 20, 1991, the United States Census Bureau undertook a one night effort to count the homeless. This Street and Shelter Night... 1991
Joseph William Singer SOVEREIGNTY AND PROPERTY 86 Northwestern University Law Review 1 (Fall, 1991) Every part of this earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every clearing, and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man. Chief Seattle, Suquamish Nation (1855) The District Court... 1991
58 59 60 61 62 63 64 65 66 67 68 69 70 71