John Witte, Jr. TAX EXEMPTION OF CHURCH PROPERTY: HISTORICAL ANOMALY OR VALID CONSTITUTIONAL PRACTICE? 64 Southern California Law Review 363 (January, 1991) Let an untaxed Gospel be preached, in an untaxed churchhouse, from an untaxed pulpit; let the emblem of a crucified, but risen Christ be administered from an untaxed altar, and, as the spire points Heavenward, . . . let it stand forever untaxed. It is easier to admire the motives for such exemption than to justify it by any sound argument. The... 1991
Richard B. Simring THE IMPACT OF FEDERAL ANTIDISCRIMINATION LAWS ON HOUSING FOR PEOPLE WITH MENTAL DISABILITIES 59 George Washington Law Review 413 (January, 1991) A major obstacle confronting individuals with mental disabilities is discrimination in housing. Congress has taken steps on two occasions to address this problem. Congress first enacted section 504 of the Rehabilitation Act of 1973. More recently Congress passed the Fair Housing Amendments Act of 1988 (FHAA), which amended Title VIII of the Civil... 1991
Mark A. Inciong THE LOST TRUST: NATIVE HAWAIIAN BENEFICIARIES UNDER THE HAWAIIAN HOMES COMMISSION ACT 8 Arizona Journal of International & Comparative Law 171 (1991) The United States Congress passed the Hawaiian Homes Commission Act (HHCA), 1920 on July 9, 1921, and declared its intention to assist in the rehabilitation of the Native Hawaiian race. The HHCA set aside 194,300 acres of land as Hawaiian home lands and proposed to lease homestead plots to Native Hawaiians to assist them with the rehabilitation... 1991
Daryl Marc Shapiro WILL AN INCREASED MINIMUM WAGE HELP THE HOMELESS? 45 University of Miami Law Review 651 (November/January, 1990/1991) I. Introduction. 651 II. Background on the Minimum Wage. 655 III. Demographics. 660 A. Minimum Wage Earners. 660 B. The Homeless. 663 1. general characteristics. 663 2. employment characteristics. 664 IV. Economic Analysis of the Minimum Wage and Employment: A Theoretical Approach. 666 A. A Model with Complete Coverage. 666 B. A Model with... 1991
David W. Price CAUSATION OF PUBLIC HOUSING SEGREGATION: HUD AUTHORIZATION OF APPLICANT CHOICE IN TENANT SELECTION AND ASSIGNMENT PLANS 10 Boston College Third World Law Journal 121 (Winter, 1990) I. Introduction II. Public Housing Segregation, Tenant Selection Plans and Applicant Choice A. Desegregation Litigation and Tenant Selection and Assignment Plans B. A Brief History of Federal Tenant Selection and Assignment Policy C. The Non-Litigation of Applicant Choice and Causation of Public Housing Segregation III. Plaintiffs' Theories of... 1990
Richard C. Cahn DETERMINING A STANDARD FOR HOUSING DISCRIMINATION UNDER TITLE VIII 7 Touro Law Review 193 (Fall, 1990) When the complaint was filed in 1981, it appeared that Huntington Branch, NAACP v. Town of Huntington would become a case of enormous importance that would finally determine whether the appropriate test in cases brought under the Fair Housing Act (Title VIII) was discriminatory intent or discriminatory effect. If the intent test were to be... 1990
John M. Payne FAIR HOUSING FOR THE 1990S: THE FAIR HOUSING AMENDMENTS ACT AND THE WARD'S COVE CASE 18 Real Estate Law Journal 307 (Spring, 1990) Until 1988, the federal Fair Housing Act covered five classes of persons, those discriminated against on the basis of race, color, religion, sex, or national origin. As to these classes, it was (and remains) illegal to refuse to rent or sell, to discriminate in terms or conditions of rental or sale, to advertise discriminatory preferences, to... 1990
Craig Anthony (Tony) Arnold IGNORING THE RURAL UNDERCLASS: THE BIASES OF FEDERAL HOUSING POLICY 2 Stanford Law and Policy Review 191 (Spring, 1990) Amid the backroads and small towns of the United States, outside of public view and the consciousness of this urban-oriented society, live the rural poor. They constitute one of the most ignored elements of the U.S. population. We do not see them; we do not understand their problems; and we are not as threatened by their poverty as we are by the... 1990
Martha Mahoney LAW AND RACIAL GEOGRAPHY: PUBLIC HOUSING AND THE ECONOMY IN NEW ORLEANS 42 Stanford Law Review 1251 (May, 1990) Public housing in America began as a short-term income redistributive measure only to become a long-term income redistributive program. The short-term vision did not encompass the projected life of the buildings themselves, which were sturdy in the early projects, but rather, the projected length of residence of the tenants. At the inception of... 1990
Ankur J. Goel MAINTAINING INTEGRATION AGAINST MINORITY INTERESTS: AN ANTI-SUBJUGATION THEORY FOR EQUALITY IN HOUSING 22 Urban Lawyer 369 (Summer, 1990) A housing development limits the number of black residents for the benign purpose of preserving integration. A suburb instructs realtors to try to lure whites so as to maintain the suburb's integrated character. A housing authority tries to induce all applicants to accept apartments in buildings in which their race is underrepresented. A city seeks... 1990
Cori Leonard Ford MARTIN, "A BAN ON 'ADULT ONLY' COMMUNITIES AND MUCH MORE: THE FAIR HOUSING AMENDMENTS ACT OF 1988," 3 PROB. & PROP. 27-30 (1989). AMERICAN BAR ASSOCIATION, SECTION OF REAL PROPERTY, PROBATE & TRUST LAW, 750 N. LAKE SHORE DRIVE, CHICAGO, ILL. 60611 19 Real Estate Law Journal 175 (Fall, 1990) Discrimination in housing on the basis of handicap or familial status became illegal on March 12, 1989, when the federal Fair Housing Amendments Act of 1988 (the Act) went into effect. This article is intended to give the real estate lawyer a point from which to begin researching the many questions that will arise under this new law. The article... 1990
Daniel J. Losito NEW YORK'S IMPLIED MERCHANT WARRANTY FOR THE SALE OF NEW HOMES: A REASONABLE EXTENSION TO REACH INITIAL OWNERS? 1990 Columbia Business Law Review 373 (1990) The application of the implied warranty of merchantability from the law of sales to the sale of new homes represents an abandonment of the ancient doctrine of caveat emptor, and affords greater protection to homebuyers making perhaps the largest investment of their lives. However, as with every full abandonment of old law, myriad new issues have... 1990
Michael H. Schill PRIVATIZING FEDERAL LOW INCOME HOUSING ASSISTANCE: THE CASE OF PUBLIC HOUSING 75 Cornell Law Review 878 (May,1990) In recent years, due to budgetary constraints and two conservative presidential administrations, the White House and Congress have increasingly debated whether the public sector has grown too large and unwieldy. Frequently, the context for these debates is the issue of privatization.' Presidents, legislators, and academics have advocated that... 1990
Carol M. Rose PROPERTY RIGHTS, REGULATORY REGIMES AND THE NEW TAKINGS JURISPRUDENCE-- AN EVOLUTIONARY APPROACH 57 Tennessee Law Review 577 (Summer, 1990) The year 1991 will mark the sixty-fifth birthday of one of the Supreme Court's watershed tests of regulatory authority over landed property. That test, which is set forth in Village of Euclid v. Ambler Realty Co., established the legitimacy of local zoning. At the outset, Euclid was something of a cliffhanger; the Court's majority was convinced... 1990
Minna J. Kotkin THE FAIR HOUSING AMENDMENTS ACT OF 1988: NEW STRATEGIES FOR NEW PROCEDURES 17 New York University Review of Law and Social Change 755 (1989/1990) L1-2Introduction 755 I. The Initial Choice: Agency Proceedings or Federal Court. 758 A. Federal Court Actions. 758 B. Administrative Proceedings. 762 C. Considerations in the Choice of Forum. 765 II. The Administrative Process: A Closer Look. 768 A. The Reasonable Cause Determination. 768 B. The Election Procedure'. 774 C. The Choice of... 1990
Philip G. Schrag THE FUTURE OF DISTRICT OF COLUMBIA HOME RULE 39 Catholic University Law Review 311 (Winter, 1990) For proponents of greater home rule for the District of Columbia, the situation has gone from bad to worse. From 1961 to 1978, the District's more than 600,000 residents gained both a greater role in national governance and greater opportunities for self-governance with respect to local matters. But over the last twelve years, the goal of equal... 1990
Mary Moers Wenig THE MARITAL PROPERTY LAW OF CONNECTICUT: PAST, PRESENT AND FUTURE 1990 Wisconsin Law Review 807 (1990) C1-3Table of Contents I. Introduction. 808 II. The Forks in the Road'-The Choice Not TakenEN. 810 A. The Middle Ages. 811 B. Equity and the Married Women's Property Acts. 816 C. Statehood and Adoption of Community Property. 818 D. The Tax Reduction Bandwagon. 821 E. The Divorce Revolution. 824 F. Equal Protection, Equal Rights and Wisconsin's... 1990
Louis Michael Seidman THE PRECONDITIONS FOR HOME RULE 39 Catholic University Law Review 373 (Winter, 1990) Events too recent to require detailed recounting illustrate once again some ancient if forgotten truths: Real sovereignty is indivisible, irrevocable, and unconditional. Home rule on good behavior is a contradiction of terms. A people who holds the power of self-determination only so long as what it determines meets the approval of a superior... 1990
Michael J. Gerhardt THE RIPPLE EFFECTS OF SLAUGHTER-HOUSE: A CRITIQUE OF A NEGATIVE RIGHTS VIEW OF THE CONSTITUTION 43 Vanderbilt Law Review 409 (March, 1990) Upon seeing Niagara Falls for the first time, Oscar Wilde reportedly remarked that it would be more impressive if it flowed the other way.' I have a similar reaction to a series of narrow Supreme Court interpretations of the fourteenth amendment, beginning with the Slaughter-House Cases, decided in 1872, and extending to the 1989 decisions in... 1990
John R. Nolon TOWARD A HOUSING IMPERATIVE AND OTHER REFLECTIONS ON BALANCED GROWTH AND DEVELOPMENT 7 Pace Environmental Law Review 319 (Spring, 1990) A. Is There a Right to Housing? For a time it was fashionable among housing advocates to claim that all persons of whatever income had a fundamental right to decent housing. In 1974, Congress reaffirmed the national housing goal of realizing a decent home for every American family, but a constitutional right to be housed, running to each citizen of... 1990
Steven B. Epstein B. RACE-BASED PEREMPTORIES NO LONGER PERMITTED IN CIVIL TRIALS: JACKSON v. HOUSING AUTHORITY OF HIGH POINT 67 North Carolina Law Review 1262 (September, 1989) In Jackson v. Housing Authority of High Point the North Carolina Supreme Court held that an attorney may not exercise a peremptory challenge to strike a prospective civil juror on the basis of the juror's race. This ruling is likely to change fundamentally the process of jury selection in North Carolina. This Note traces the development of... 1989
Jack M. Beermann , Joseph William Singer BASELINE QUESTIONS IN LEGAL REASONING: THE EXAMPLE OF PROPERTY IN JOBS 23 Georgia Law Review 911 (Summer, 1989) The liberal views of Robert Montgomery, professor of economics at the University of Texas, made him unpopular with the Texas legislature. When he was asked if he favored private property, Montgomery replied, I doso strongly that I want everyone in Texas to have some. John Kenneth Galbraith For ultimately, the most profound determinants of our... 1989
Michael P. Seng DISCRIMINATION AGAINST FAMILIES WITH CHILDREN AND HANDICAPPED PERSONS UNDER THE 1988 AMENDMENTS TO THE FAIR HOUSING ACT. 22 John Marshall Law Review 541 (Spring, 1989) The 1988 Amendments to the Fair Housing Act extend protection to families with children and to handicapped persons. Although these groups had been given some limited protection under the United States Constitution and under federal law when the discrimination involved publicly owned or financed housing or certain exclusionary zoning practices, no... 1989
Keith Aoki FAIR HOUSING AMENDMENTS ACT OF 1988 24 Harvard Civil Rights-Civil Liberties Law Review 249 (Winter, 1989) Twenty years have passed since Title VIII of the Civil Richts Act of 1968 (Title VIII) was enacted to prohibit housing discrimination based on race, color, religion, national origin, or sex. Two factors, however, have limited Title VIII's effectiveness: coverage which was too narrow to attack persistent and subtle patterns of housing market... 1989
Richard F. Bellman, Richard C. Cahn HOUSING DISCRIMINATION 6 Touro Law Review 137 (Fall, 1989) Judge Leon Lazer: The next portion of the program deals with the Huntington housing discrimination case, which will impact on suburban communities throughout the state. Since the property involved is in Huntington, the case has particular import for this geographic area. Our two speakers, Richard Cahn and Richard Bellman, are the lawyers who... 1989
Julius Menacker, Ed.D. PUBLIC HOUSING POLICY AND SCHOOL SEGREGATION 50 West's Education Law Reporter 925 (1989) Since the 1954 U.S. Supreme Court decision in Brown v. Board of Topeka, school desegregation efforts have been characterized by legal challenges to public school board policies. The earlier cases exposed official segregative intent on the part of southern and border state school boards. When the legal arena moved on to metropolitan and northern... 1989
Michael C. Blumm PUBLIC PROPERTY AND THE DEMOCRATIZATION OF WESTERN WATER LAW: A MODERN VIEW OF THE PUBLIC TRUST DOCTRINE 19 Environmental Law 573 (Spring, 1989) Professor Blumm traces the evolution of the modern public trust doctrine in the West. He claims the doctrine is best understood by focusing on the remedies courts prescribe for trust violations. Although he sees four distinct categories of remedies in the case law, he asserts that they all possess the unifying theme of promoting public access to... 1989
Dale J. Lois RACIAL INTEGRATION IN URBAN PUBLIC HOUSING: THE METHOD IS LEGAL, THE TIME HAS COME 34 New York Law School Law Review 349 (1989) In 1984, the United States Attorney General (the government) sued Starrett City, the nation's most populous housing development, under Title VIII of the Civil Rights Act of 1968. The government charged that Starrett City's practice of renting apartments under a racial quota system violated sections 804(a), (b), (c), and (d) of that Act. The... 1989
Ankur Goel RESTRICTING MINORITY OCCUPANCY TO MAINTAIN HOUSING INTEGRATION -- UNITED STATES v. STARRETT CITY ASSOCIATES 840 F.2D 1096 (2D CIR. 1988), CERT. DENIED 109 S. CT. 376 (1988) 24 Harvard Civil Rights-Civil Liberties Law Review 561 (Spring, 1989) In its recent decision in United States v. Starrett City Associates, the United States Court of Appeals for the Second Circuit struck down a housing development's effort to preserve integration through a quota system which limited the number of minority residents. In reaching this result, the court simultaneously rejected the contention that the... 1989
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