John R. Nolon SHATTERING THE MYTH OF MUNICIPAL IMPOTENCE: THE AUTHORITY OF LOCAL GOVERNMENT TO CREATE AFFORDABLE HOUSING 17 Fordham Urban Law Journal 383 (November/December, 1989) The lack of affordable housing is the focus of the debate over balanced growth in most developing communities. A recent report issued by the New York State Governor's Housing Task Force put it succinctly: [t]he people of New York State face a housing crisis. This lack of affordable housing not only frustrates the underlying purpose of local land... 1989
James W. Martin THE FAIR HOUSING AMENDMENTS ACT OF 1988 3-OCT Probate and Property 27 (September/October, 1989) 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. Because of certain exemptions in the law, lawyers throughout the country will be asked by their clients whether their adult-only communities may continue to admit... 1989
Robert A. Bilott THE FAIR HOUSING AMENDMENTS ACT OF 1988: A PROMISING FIRST STEP TOWARD THE ELIMINATION OF FAMILIAL HOMELESSNESS? 50 Ohio State Law Journal 1275 (1989) The increasing number of horror stories concerning families who are forced to live in their cars, in tents, or on the streets because of inadequate housing has helped to focus the attention of the popular media and the legal community on the problem of homelessness among American families. Yet, despite widespread recognition and analysis of the... 1989
James A. Kushner THE FAIR HOUSING AMENDMENTS ACT OF 1988: THE SECOND GENERATION OF FAIR HOUSING 42 Vanderbilt Law Review 1049 (May, 1989) I. INTRODUCTION. 1050 II. HOUSING DISCRIMINATION. 1052 III. HOUSING SEGREGATION. 1061 IV. PRE-1988 PRIVATE FAIR HOUSING ENFORCEMENT. 1068 A. Administrative Conciliation. 1068 B. Judicial Action. 1070 1. Standing. 1070 2. Proof of Violations. 1073 3. Damages. 1076 4. Injunctive Relief. 1079 5. Attorney's Fees. 1079 V. PRE-1988 FEDERAL ENFORCEMENT... 1989
Mark B. Schorr THE FEDERAL FAIR HOUSING AMENDMENTS ACT OF 1988. . . 63-OCT Florida Bar Journal 11 (October, 1989) The Federal Fair Housing Amendments Act of 1988 became effective on March 12, 1989. The Act both extends the protections of the Fair Housing Act to prohibit discrimination against handicapped persons and families with children, and adds an effective method of enforcement which was lacking in the original Fair Housing Act of 1968. This article will... 1989
Christopher A. Seeger THE FIXED-PRICE PREEMPTIVE RIGHT IN THE COMMUNITY LAND TRUST LEASE: A VALID RESPONSE TO THE HOUSING CRISIS OR AN INVALID RESTRAINT ON ALIENATION? 11 Cardozo Law Review 471 (December, 1989) Housing for low income people is in steady decline. Today, families constitute a large segment of the homeless population. The national housing crisis is characterized by a serious shortage in high quality, affordable housing, increased competition for what little housing is available, and high rents. Federal and state governments have not... 1989
Lisa J. Laplace THE LEGALITY OF INTEGRATION MAINTENANCE QUOTAS: FAIR HOUSING OR FORCED HOUSING 55 Brooklyn Law Review 197 (Spring, 1989) You can't hold a man down without staying down with him. Attributed to Booker Taliaferro Washington Achieving meaningful equality in the distribution of American housing is a pernicious issue. Few social problems carry as much portent for our nation's future. During the floor debates on the Fair Housing Act of 1968 (Act), Senator Mondale addressed... 1989
Mary A. Fiorino ADVERTISING FOR APARTHEID: THE USE OF ALL WHITE MODELS IN MARKETING REAL ESTATE AS A VIOLATION OF THE FAIR HOUSING ACT 56 University of Cincinnati Law Review 1429 (1988) The Fair Housing Act of 1968 was enacted almost impulsively by Congress in order to remedy the pattern of residential apartheid which had developed throughout the nation. The law proscribed discrimination in perhaps the most sensitive area of civil rights legislationthe sale and rental of real estate. Over objections of coercion, violation of... 1988
Stanley P. Stocker-Edwards BLACK HOUSING 1860-1980: THE DEVELOPMENT, PERPETUATION, AND ATTEMPTS TO ERADICATE THE DUAL HOUSING MARKET IN AMERICA 5 Harvard BlackLetter Journal 50 (April 1, 1988) In 1968 Congress passed Title VIII of the Civil Rights Act of 1968 known as of the Fair Housing Act. Hailed as the most forceful federal weapon against discrimination in housing, Title VIII and Jones v. Alfred H. Mayer Co., decided the same year, promised to eliminate discrimination in the housing market that had existed for most of the century.... 1988
Clifford W. Schulz , Gregory S. Weber CHANGING JUDICIAL ATTITUDES TOWARDS PROPERTY RIGHTS IN CALIFORNIA WATER RESOURCES: FROM VESTED RIGHTS TO UTILITARIAN REALLOCATION 19 Pacific Law Journal 1031 (July, 1988) I. Introduction. 1032 II. The Nature of Property Interests. 1033 III. Common Law and Civil Law Sources for Private Property Interests in California Waters. 1037 A. Roman and Civil Law Sources. 1038 B. Common Law Development of Property in Water. 1040 C. Early Cases From the Eastern United States. 1044 IV. Traditional Judicial Attitudes in... 1988
D. Smith DISCRIMINATORY HOUSING PRACTICES: ESTABLISH FAIR HOUSING PROGRAM AND COMPLAINT PROCESS 5 Georgia State University Law Review 194 (Fall, 1988) Code Sections: O.C.G.A. ยงยง 8-3-200 to -208 (amended), 8-3-209 to -215 (new) Bill Number: HB 430 Act Number: 1246 Summary: The Act supercedes previous laws addressing discrimination in the selling, leasing, and financing of housing and establishes new provisions prohibiting housing discrimination. The new provisions are substantially equivalent to... 1988
Marvin Krislov ENSURING TENANT CONSULTATION BEFORE PUBLIC HOUSING IS DEMOLISHED OR SOLD 97 Yale Law Journal 1745 (July, 1988) More than four million Americans live in federally funded public housing. Hundreds of thousands of others are waiting for apartments. These low-income families face an ever-growing shortage of affordable housing due to insufficient construction of public housing, demolition and sale of existing units, and tight supply in the private sector. When... 1988
Dorn Bishop FAIR HOUSING AND THE CONSTTITUTIONALITY OF GOVERNMENTAL MEASURES AFFECTING COMMUNITY ETHICITY 55 University of Chicago Law Review 1229 (Fall, 1988) In response to a continuing exodus of blacks from urban settings, a number of traditionally white suburbs have sought, using one device or another, to limit black entry into their communities. These measures affecting community ethnicity (MACEs) can assume a wide variety of forms, ranging in degree from direct ceiling quotas on black population, to... 1988
Richard H. Sander INDIVIDUAL RIGHTS AND DEMOGRAPHIC REALITIES: THE PROBLEM OF FAIR HOUSING 82 Northwestern University Law Review 874 (Spring, 1988) Forty years ago, in his classic work An American Dilemma, the Swedish scholar Gunnar Myrdal sought to explain the paradox of nearly universal discrimination against blacks in the United Statesa nation generally committed to the highest ideals of democracy, freedom, and opportunity. Myrdal decided that a vicious cycle had arisen in America, in... 1988
Robert G. Schwemm PRIVATE ENFORCEMENT AND THE FAIR HOUSING ACT 6 Yale Law and Policy Review 375 (1988) The first section of the Fair Housing Act declares that i t is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. If the United States has been officially committed to providing for fair housing for the past 20 years, why is segregated housing still the prevailing norm... 1988
Marc A. Kushner THE LEGALITY OF RACE-CONSCIOUS ACCESS QUOTAS UNDER THE FAIR HOUSING ACT OF 1968 9 Cardozo Law Review 1053 (February, 1988) Nearly twenty years after the passage of the Fair Housing Act of 1968 (Fair Housing Act or title VIII of the Civil Rights Act of 1968), [h] ousing has been called the last major frontier in civil rights' and the area of least success. The persistence of housing discrimination in an era of declining federal enforcement of fair housing laws... 1988
Joseph William Singer THE RELIANCE INTEREST IN PROPERTY 40 Stanford Law Review 611 (February, 1988) C1-3TABLE OF CONTENTS I. THE PLANT CLOSING PROBLEM. 614 A. The Setting. 614 B. Can Relationships Create Property Rights?. 618 C. Comments on Methodology. 623 1. Normative argument. 623 2. Social vision. 627 3. Common law development. 628 4. Political economy. 631 II. SOCIAL VISION: RELIANCE ON RELATIONSHIPS. 632 A. The Free Market Model. 633 B.... 1988
Lieutenant Commander E. Roy Hawkens COMMENT: GRIFFEN V. GRIFFISS AIR FORCE BASE: QUALIFIED IMMUNITY AND THE COMMANDER'S LIABILITY FOR OPEN HOUSES ON MILITARY BASES 117 Military Law Review 279 (Summer, 1987) An open house on a military base is an activity through which a base commander promotes favorable relations between his military base and the local community. During the open house, the general public is invited to visit the base to gain a better understanding of military life generally and the base mission specifically. Air Force base commanders... 1987
Ira C. Lupu HOME EDUCATION, RELIGIOUS LIBERTY, AND THE SEPARATION OF POWERS 67 Boston University Law Review 971 (November, 1987) We have recently witnessed much religious controversy, constitutional and otherwise. One of the battlegrounds on which recent struggles have been fought is both familiar and familial. Many deeply religious parents have asserted, in a variety of settings, a constitutional right to educate their children exclusively at home. States have responded to... 1987
Regina Cahan HOME IS NO HAVEN: AN ANALYSIS OF SEXUAL HARASSMENT IN HOUSING 1987 Wisconsin Law Review 1061 (1987) Sexual harassment has appeared in a new context: housing. Or, perhaps, sexual harassment always infested the housing sphere but has only recently been acknowledged. In either event, society must recognize and confront sexual harassment in housing. This Comment demonstrates that sexual harassment in housing is a societal ill which needs to be... 1987
Donna Mascari HOMELESS FAMILIES: DO THEY HAVE A RIGHT TO INTEGRITY? 35 UCLA Law Review 159 (October, 1987) I. Homelessness in the United States. 162 A. A Growing Social Problem. 162 B. Causes. 168 1. Unemployment. 169 2. Welfare Policies. 170 3. Housing Policies. 171 C. Judicial Responses. 174 II. Homeless Families in the United States. 179 A. The Unique Problems Facing Homeless Families. 179 B. The United States Constitution Protects a Family's Desire... 1987
John T. Sanders JUSTICE AND THE INITIAL ACQUISITION OF PROPERTY 10 Harvard Journal of Law & Public Policy 367 (Spring, 1987) Any political theory, any economic theory, any ethical theory--perhaps any theory whatsoever that deals with human behavior, whether individual or social--is likely to have something to say about property. Theories may be more or less explicit on this score, and it is, of course, quite possible for theories to ignore the issue of property for... 1987
Herman Schwartz PROPERTY RIGHTS AND THE CONSTITUTION: WILL THE UGLY DUCKLING BECOME A SWAN? 37 American University Law Review 9 (Fall, 1987) C1-3TABLE OF CONTENTS Introduction. 9 I. The Historical Argument. 14 A. John Locke and the Constitution. 14 1. Locke's influence. 14 2. Locke's own views. 16 II. Contemporary Thought and Practice. 19 A. Contemporary thought. 19 B. Contemporary practice. 21 C. The protection property has gotten. 26 III. The Future. 30 Conclusion. 39 1987
Charles McC. Mathias, Jr. THE FAIR HOUSING AMENDMENTS ACT 15 Real Estate Law Journal 353 (Spring, 1987) In 1980, the U.S. Department of Housing and Urban Development estimated that 2 million instances of racial discrimination occur in the housing market each year. That does not begin to count the additional instances of discrimination against the disabled and against families with children. Discrimination in housing is with us today as much as ever.... 1987
Richard P. Eckman , Andrew T. Semmelman A LOOK AT HOME EQUITY LOANS: SOME PROBLEMS AND SOLUTIONS 41 Business Lawyer 1079 (May, 1986) A line of credit secured by the equity in a person's home has become an attractive and increasingly popular way to lend money to consumer borrowers. Offered by banks, savings and loan associations, finance companies, and brokerage firms (referred to collectively as lenders' or creditors'), these so-called home equity loans usually are priced at a... 1986
Christopher P. McCormack BUSINESS NECESSITY IN TITLE VIII: IMPORTING AN EMPLOYMENT DISCRIMINATION DOCTRINE INTO THE FAIR HOUSING ACT 54 Fordham Law Review 563 (March, 1986) During the 1960's, Congress enacted two analogous statutes to remedy discrimination in areas of pervasive significance. The first, Title VII of the 1964 Civil Rights Act, was addressed to discrimination in employment. It was followed four years later by the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, a comparable prohibition of... 1986
Inez Smith Reid LAW, POLITICS AND THE HOMELESS 89 West Virginia Law Review 115 (Fall, 1986) The plight of the homeless is one of the most vexing social problems confronting policy makers in this country. So pervasive is this problem that it touched the 1984 presidential election, and prompted the incumbent president to make a promise concerning the establishment of a model facility for the homeless in Washington, D.C., a promise that... 1986
John Pray STATE v. SEREBIN: CAUSATION AND THE CRIMINAL LIABILITY OF NURSING HOME ADMINISTRATORS 1986 Wisconsin Law Review 339 (1986) Causation is an element in most criminal cases, yet it rarely is a disputed issue. In State v. Serebin, the Wisconsin Supreme Court discussed the issue of causation as applied to the case of a nursing home administrator who had been convicted of neglect of residents and homicide by reckless conduct. The neglect conviction was based on the... 1986
Deborah Kemp THE 1968 FAIR HOUSING ACT: HAVE ITS GOALS BEEN ACCOMPLISHED? 14 Real Estate Law Journal 327 (Spring, 1986) Two separate legislative acts are employed to promote fair housing by the federal government. First, the Civil Rights Act of 1866 states, [A]ll citizens of the United States shall have the same right in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property.... 1986
Frederic S. Schwartz THE FAIR HOUSING ACT AND 'DISCRIMINATORY EFFECT': A NEW PRESPECTIVE 11 Nova Law Review 71 (Fall, 1986) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, prohibits discrimination in housing. The Act provides that it shall be unlawful: To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race,... 1986
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