AuthorTitleCitationSummaryYear
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
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
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
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