Robert P. Burns BLACKSTONE'S THEORY OF THE "ABSOLUTE" RIGHTS OF PROPERTY 54 University of Cincinnati Law Review 67 (1985) To conservative American lawyers like Nathaniel Chipman, casting a fearful eye in the direction of Jacksonian democracy, Blackstone's Commentaries on the Laws of England represented a reasoned philosophical and legal defense of the common law rights of private property. As against Locke, Blackstone had demonstrated that property was an absolute... 1985
Daniel R. Mandelker COMBATING HOUSING DISCRIMINATION IN THE 1980'S 20 Harvard Civil Rights-Civil Liberties Law Review 537 (Summer, 1985) Racial and other forms of housing discrimination no longer occupy a leading place on the public agenda, but the problem has hardly gone away. As a recent study by the U.S. Department of Housing and Urban Development shows, housing discrimination persists sixteen years after Congress enacted the Fair Housing Act in 1968. Professor Kushner's... 1985
Rodney A. Smolla IN PURSUIT OF RACIAL UTOPIAS: FAIR HOUSING, QUOTAS, AND GOALS IN THE 1980'S 58 Southern California Law Review 947 (May, 1985) In a clever bit of fantasy published in the Yale Law Journal in 1962, Boris Bittker created a mythical town, New Harmony, Illinois, with a mythical law, the checker-board ordinance, enacted as an experiment in race relations. Bittker's New Harmony was incorporated in the early 1960's by a group of public-spirited persons, both black and white,... 1985
John Hugh Gilmore INSURANCE REDLINING & THE FAIR HOUSING ACT: THE LOST OPPORTUNITY OF MACKEY V. NATIONWIDE INSURANCE COMPANIES 34 Catholic University Law Review 563 (Winter, 1985) Redlining has been defined as credit discrimination based upon the characteristics of the neighborhood surrounding the borrower's dwelling. Its effects are both devastating and well-documented. Although the forms of redlining have become more subtle, they have not been eliminated. Indeed, the elimination of discriminatory redlining has been... 1985
Eugene R. Gaetke REFUTING THE 'CLASSIC' PROPERTY CLAUSE THEORY 63 North Carolina Law Review 617 (April, 1985) In a series of cases the Supreme Court has recognized broad, pre-emptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which... 1985
Richard C. Stanley AGE RESTRICTIONS IN HOUSING: THE DENIAL OF THE FAMILY'S RIGHT TO ITS INTEGRITY 19 Harvard Civil Rights-Civil Liberties Law Review 61 (Winter, 1984) Discrimination on the basis of age is such a common part of our lives that few of us give any attention to age restrictions when we encounter them. Age barriers are attached to voting, driving, and purchasing liquor. Age restrictions in these contexts are based on distinctions we generally consider legitimate, despite their intrusiveness on the... 1984
Robert F. Drinan, S.J. UNTYING THE WHITE NOOSE 94 Yale Law Journal 435 (December, 1984) Why haven't the nation's neighborhoods become as racially integrated as its public schools and work places have over the past generation? Would our neighborhoods look different if laws forbidding discrimination in housing were as strict and as vigorously enforced as laws banning discrimination in education and employment? That they would indeed is... 1984
Marjorie Gelb , JoAnne Frankfurt CALIFORNIA'S FAIR EMPLOYMENT AND HOUSING ACT: A VIABLE STATE REMEDY FOR EMPLOYMENT DISCRIMINATION 34 Hastings Law Journal 1055 (May/July, 1983) Fair employment laws, which originated in this country in 1941 when President Franklin D. Roosevelt issued an executive proclamation prohibiting race discrimination in government defense contracts, have increased in scope substantially over the years. The California Fair Employment Practices Act was passed in 1959, and was followed five years later... 1983
Joan M. Youngman DEFINING AND VALUING THE BASE OF THE PROPERTY TAX 58 Washington Law Review 713 (November, 1983) I. L2-4,T2INTRODUCTION. .715 II. L2-4,T2VALUATION OF PROPERTY SUBJECT TO ALONG-TERM LEASE. .718 A. L3-4,T3Contract Versus Fair Market Rent. .718 B. L3-4,T3The Effect of Statutory Language. .721 C. L3-4,T3Reasoning from the Nature and Purposes of the Tax. .725 1. S55Taxing All Interests in Property. .725 2. Horizontal Equity. .727 3. Taxing the... 1983
Robert R. Harding HOUSING DISCRIMINATION AS A BASIS FOR INTERDISTRICT SCHOOL DESEGREGATION REMEDIES 93 Yale Law Journal 340 (December, 1983) The Supreme Court's 1974 decision in Milliken v. Bradley erected formidable barriers to interdistrict school desegregation relief. The Court held that lower courts may not institute interdistrict remedies absent proof of official discrimination in all school districts included in such remedies. It is thus the exclusively white suburbs that are most... 1983
Richard F. Muth REDISTRIBUTION OF INCOME THROUGH REGULATION IN HOUSING 32 Emory Law Journal 691 (Summer, 1983) Housing is not only one of the major components of consumer expenditure, but it is one of the principal targets of regulations affecting both production and consumption. As a result, it is important to consider the impact of legal regulation on housing and its implication for the distribution of well-being among the various members of society.... 1983
Margaret Jane Radin PROPERTY AND PERSONHOOD 34 Stanford Law Review 957 (May, 1982) This article explores the relationship between property and personhood, a relationship that has commonly been both ignored and taken for granted in legal thought. The premise underlying the personhood perspective is that to achieve proper self-development--to be a person--an individual needs some control over resources in the external environment.... 1982
William C. Nussbaum PUBLIC HOUSING: CHOOSING AMONG FAMILIES IN NEED OF HOUSING 77 Northwestern University Law Review 700 (December, 1982) The waiting list for admission to public housing in one American city contains over fifty thousand names. Throughout the country, the number of families seeking public housing vastly exceeds the number of available units. To differentiate among these applicants for low income housing, local housing authorities frequently have used admission... 1982
Ronald Friend SHARED APPRECIATION MORTGAGES 34 Hastings Law Journal 329 (November, 1982) I. The Statutory and Nonstatutory Shared Appreciation Mortgage A. California Statutory Shared Appreciation Mortgages B. Nonstatutory Shared Appreciation Mortgages II. Legal Questions A. Usury 1. General Considerations 2. Contingency Rule 3. Usury Conclusion B. Lien Priorities 1. Priority of Alternative Mortgage Instruments 2. Treatment as Interest... 1982
  2. PROPERTY RIGHTS AND EQUAL PROTECTION 95 Harvard Law Review Association 310 (November, 1981) The Supreme Court has addressed the relevance of discriminatory motive in several racial discrimination cases in the last decade. However, the Court has yet to address the issue in the context of the equal property rights guaranteed by 42 U.S.C. 1982. Last Term, in City of Memphis v. Greene, the Court focused on narrow factual issues and missed an... 1981
Robert G. Schwemm COMPENSATORY DAMAGES IN FEDERAL FAIR HOUSING CASES 16 Harvard Civil Rights-Civil Liberties Law Review 83 (Summer, 1981) The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of... 1981
  WHY JOHNNY CAN'T RENT – AN EXAMINATION OF LAWS PROHIBITING DISCRIMINATION AGAINST FAMILIES IN RENTAL HOUSING 94 Harvard Law Review 1829 (June, 1981) America's rental housing market is failing. In many localities apartments are critically scarce, yet a lethargic construction industry seems unable to ease the shortage. High interest rates and inflation have made investors wary of development opportunities. Consequently, recent construction has consisted mainly of high-rent units, leaving large... 1981
Curtis J. Berger AWAY FROM THE COURT HOUSE AND INTO THE FIELD: THE ODYSSEY OF A SPECIAL MASTER 78 Columbia Law Review 707 (May, 1978) New York City's vast public school system instructs nearly 1.3 million youngsters daily. A byzantine bureaucracy, headed by a Chancellor and a central board, governs this system. Since 1970, some power has been shared with locally elected boards in the thirty-one school districts into which the city is divided. One of these local bodies, Community... 1978
  2. PROPRIETY OF METROPOLITAN ORDERS TO REMEDY DISCRIMINATION IN PUBLIC HOUSING 90 Harvard Law Review 223 (November, 1976) In Hills v. Gautreaux, the Supreme Court unanimously held that a federal court may order a federal housing authority to undertake remedial efforts in a metropolitan area, even when the proven effects of the agency's constitutional violation are limited to the inner city. In so doing, however, the Court reaffirmed the significance of Milliken v.... 1976
Judith R. Blakeway CONSTITUTIONAL LAW 54 Texas Law Review 641 (March, 1976) The Biscayne Bay Yacht Club leased bay bottom land, essential to the maintenance of the private club's docking and mooring facilities, from the City of Miami for an annual rental of one dollar. Plaintiffs, Harry Golden and David Fincher, a Jew and a black respectively, expressed interest in joining the club and requested membership applications.... 1976
  CIVIL RIGHTS - 42 U.S.C. § 1982 - BLACK HOMEBUYERS ARE ENTITLED TO DAMAGES EQUAL TO THE INCREMENTS IN PRICES OF HOMES IN BLACK NEIGHBORHOODS THAT RESULT FROM DUAL HOUSING MARKETS CAUSED BY RACIAL DISCRIMINATION 88 Harvard Law Review 1610 (May, 1975) Clark v. Universal Builders, Inc., 501 F.2d 324 (7th Cir.), cert. denied, 95 S. Ct. 657 (1974). In Jones v. Alfred H. Mayer Co., the Supreme Court held that 42 U.S.C. § 1982, a long-dormant section of the Civil Rights Act of 1866, prohibits private discrimination based on race in the sale or rental of property. Relying on Jones, the United States... 1975
  CIVIL RIGHTS - FAIR HOUSING - PRIVATE LANDLORD'S REQUIREMENT THAT TENANTS HAVE NET WEEKLY INCOME EQUAL TO NINETY PERCENT OF MONTHLY RENT DOES NOT VIOLATE CIVIL RIGHTS LAWS DESPITE DISPROPORTIONATE DISQUALIFICATION OF MINORITIES 88 Harvard Law Review 1631 (May, 1975) Boyd v. Lefrak Organization, 509 F.2d 1110 (2d Cir. 1975). In Boyd v. Lefrak Organization, the United States Court of Appeals for the Second Circuit, reversing the district court, held that a naked statistical argument was insufficient to support a claim of statutorily proscribed racial discrimination in the rental of housing. Lefrak, a private... 1975
  HOUSING COMPLAINT 1974-DEC Army Lawyer 8 (December, 1974) The study that follows is the fifth of several case studies for the Handbook on Race Relations. The Judge Advocate General has tasked TJAGSA to draft this handbook and preview various portions in The Army Lawyer. Additional installments in this series will be following. With the closing of Fort Delmar, Jackson Rigney, a black staff sergeant (E-6),... 1974
Bruce L. Ackerman INTEGRATION FOR SUBSIDIZED HOUSING AND THE QUESTION OF RACIAL OCCUPANCY CONTROLS 26 Stanford Law Review 245 (January, 1974) Court decisions in recent years have directed the Department of Housing and Urban Development (HUD) and local housing authorities to select or approve a substantial number of housing project sites outside areas of racial minority concentration. In part these decisions share the theme that minority families eligible for federally subsidized housing... 1974
Kellis E. Parker, Associate Professor of Law, Columbia University School of Law THE ADMINISTRATION OF PUBLICLY-AIDED HOUSING 74 Columbia Law Review 139 (January, 1974) Open my ears to music; let Me thrill with Spring's first flutes and drums But never let me dare forget The bitter ballads of the slums. President Nixon's moratorium on new commitments of federal funds for housing has given the poor more cause to sing the bitter ballads of the slums. It is now clear that the President would like to terminate the... 1974
  THE LIMITS OF LITIGATION: PUBLIC HOUSING SITE SELECTION AND THE FAILURE OF INJUNCTIVE RELIEF 122 University of Pennsylvania Law Review 1330 (May, 1974) Mr. Justice Holmes once wrote that [h]ousing is a necessary of life, yet for millions of Americans, satisfactory housing has never been anything more than an unfulfilled promise. In partial response to this national failure, and to the exacerbation of that failure since the 1930's, Congress has attempted to provide legislative relief through... 1974
  PROCEDURAL DUE PROCESS IN GOVERNMENT-SUBSIDIZED HOUSING 86 Harvard Law Review 880 (March, 1973) The government as landlord is still the government. That principle, articulated in 1955 in Rudder v. United States, was for many years applied primarily to insure that public housing tenants were not required to sacrifice rights of speech or association in order to retain their apartments. Within the past three years, however, the Supreme Court's... 1973
Ewart Guinier THE CASE FOR BLACK REPARATIONS. BY BORIS I. BITTKER. NEW YORK: RANDOM HOUSE, 1973. PP. 191 (INCLUDING TWO APPENDICES). $7.95 (CLOTH-BOUND), $1.95 (PAPERBACK) 82 Yale Law Journal 1719 (July, 1973) James Forman burst into the Riverside Church in New York City in 1969 and demanded that white churches, Jewish synagogues, and all other racist institutions pay reparations to blacks for the wrongs done by America to slaves and the children of slaves. Boris Bittker heard and listened, and was moved to write this book. The com pleat lawyer, he... 1973
Robert Pozen THE FINANCING OF LOCAL HOUSING AUTHORITIES: A CONTRACT APPROACH FOR PUBLIC CORPORATIONS 82 Yale Law Journal 1208 (May, 1973) The public housing program has been run by Local Housing Authorities (LHA's) since the program began in 1937. When constructing new units LHA's float tax-free bonds, guaranteed and subsidized by the federal government. Ongoing operating costs were, until 1969, generally satisfied by rental revenues without financial assistance from the federal... 1973
  ADMINISTRATIVE LAW--URBAN RENEWAL--HUD HAS AFFIRMATIVE DUTY TO CONSIDER LOW INCOME HOUSING'S IMPACT UPON RACIAL CONCENTRATION 85 Harvard Law Review 870 (February, 1972) In 1958 the United States Department of Housing and Urban Development (HUD) approved an urban renewal plan for the East Poplar area of North Philadelphia under which a portion of the area would be redeveloped primarily with single family owner-occupied homes. By 1966 this original concept had been frustrated for various reasons, and HUD informally... 1972
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