Joanne Choi ADMINISTRATIVE-TURNED-CRIMINAL SEARCHES: THE FRAGMENTED PRIVACY RIGHTS OF OCCUPANTS IN CONDEMNED HOUSING 25 Berkeley Journal of Criminal Law 25 (Fall, 2020) Introduction. 25 I. The Gap in the Current Debate. 32 A. The Housing Crises: Affordability and Vacancy. 33 B. The Fourth Amendment and the Criminalization of Homelessness. 37 C. Post-Kelo Eminent Domain. 41 II. The Unreasonable Reasonable-Expectation-of-Privacy Test in the Context of Condemned Homes. 43 A. Different Homes Have Different Privacy... 2020
Thomas E. Walls AFFORDABLE HOUSING: PLENTY OF DEMAND, BUT NO SUPPLY TO BE FOUND 24 North Carolina Banking Institute 417 (March, 2020) Over the past decade, access to affordable housing has become an increasingly important issue for those individuals lower on the socioeconomic spectrum. The 2008 financial crisis and ensuing recession led to significant reductions in construction of new housing, especially housing suitable for low- and moderate-income households. As a result,... 2020
Virginia Foggo , John Villasenor ALGORITHMS, HOUSING DISCRIMINATION, AND THE NEW DISPARATE IMPACT RULE 22 Columbia Science and Technology Law Review 1 (Fall, 2020) In the coming years, algorithms--often but not always powered by artificial intelligence--will experience increasing adoption in relation to home loan approvals, real estate marketing and sales, and zoning decisions. While algorithms offer many potential advantages, they also bring the risk of perpetuating or even amplifying longstanding patterns... 2020
Lorena Rodriguez ALL DATA IS NOT CREDIT DATA: CLOSING THE GAP BETWEEN THE FAIR HOUSING ACT AND ALGORITHMIC DECISIONMAKING IN THE LENDING INDUSTRY 120 Columbia Law Review 1843 (November, 2020) In June 2015, the Supreme Court decided Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. and held that disparate impact claims are cognizable under the Fair Housing Act. Four years later, in August 2019, the Department of Housing and Urban Development published a proposed rule purporting to align the agency's... 2020
Maysa Hassan Daoud AMERICA'S CONTINUED FAIR HOUSING CRISIS AND THE IGNORED SOLUTION: THE AFFIRMATIVELY FURTHERING FAIR HOUSING RULE 64 Saint Louis University Law Journal 685 (Summer, 2020) When the United States Department of Housing and Urban Development (HUD) seized control of the public housing authority in Wellston, Missouri in 1996, it was one of Missouri's poorest cities. The authority was mismanaged and financially unstable, and dilapidated buildings lined the streets of the City. HUD's primary goal was to stabilize the... 2020
Taylor Farr AN AF(FUR)MATIVE DEFENSE: USING INTELLECTUAL PROPERTY AS A DEFENSE TO EMPLOYMENT DISCRIMINATION IN MASCOT HIRING 72 Arkansas Law Review 815 (2020) Until a character becomes a personality, it cannot be believed. Without personality, the character may do funny or interesting things, but unless people are able to identify themselves with the character, its actions seem unreal. And without personality, a story cannot ring true to the audience. Walt Disney Mascots are different animals. They... 2020
Jill Robbie , Elsabé van der Sijde ASSEMBLING A SUSTAINABLE SYSTEM: EXPLORING THE SYSTEMIC CONSTITUTIONAL APPROACH TO PROPERTY IN THE CONTEXT OF SUSTAINABILITY 66 Loyola Law Review 553 (Summer, 2020) Property is an institution which can lead to the concentration of resource and power in the hands of too few people. The regulation of property rights can respond to this by aiming to limit the potentially negative effects the exercise of property rights can have on people and the environment. The issue of the extent to which property should be... 2020
Yxta Maya Murray BLIGHTS OUT AND PROPERTY RIGHTS IN NEW ORLEANS POST-KATRINA 68 Buffalo Law Review 1 (January, 2020) In 2018's Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment's Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers'... 2020
Councilor Lydia M. Edwards BOSTON'S WAY FORWARD ON HOUSING 64-WTR Boston Bar Journal 15 (Winter, 2020) Boston's economy is thriving. Why then are so many residents of the City and Commonwealth struggling to find and afford housing, remain in the communities they love, become homeowners and build wealth? A shortage of housing that serves the needs of all economic classes and family structures is certainly part of the problem. But simply building... 2020
Brendan Williams BURNING DOWN THE HOUSE? BEN CARSON AND U.S. HOUSING POLICY 49 Southwestern Law Review 122 (2020) With Ben Carson wanting to hit his mother on head with a hammer, stab a friend and Pyramids built for grain storage--don't people get it? Donald Trump, 2015. The U.S. Department of Housing and Urban Development (HUD) was established as a Cabinet agency by law in 1965, shortly after passage of the Housing and Urban Development Act of 1965. The... 2020
Austin Plier CHALLENGING CONGRESS'S SINGLE-MEMBER DISTRICT MANDATE FOR U.S. HOUSE ELECTIONS ON POLITICAL ASSOCIATION GROUNDS 61 William and Mary Law Review 1719 (May, 2020) C1-2Table of Contents Introduction. 1720 I. Congress's Mandate: Good Intentions and Unintended Consequences. 1722 A. An Extension of the Voting Rights Act. 1722 B. Paving the Road to Political Dysfunction. 1724 II. An Analytical Framework for Evaluating Burdens on Voters' Political Association Rights. 1727 A. Developing a Standard. 1728 B.... 2020
Allison N. Kruschke CHALLENGING LAND CONTRACTING ON THE BASIS OF DISPARATE IMPACT AFTER TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT, INC.: A VIABLE OPTION OR A DEAD END? 2020 Michigan State Law Review 547 (2020) C1-2Table of Contents Introduction. 548 I. Land Contracts and Their History in the United States. 556 A. The Nature and Governance of Land Contracts. 557 B. The Predatory Nature of Land Contracts Versus Traditional Mortgages. 560 1. Land Contracts and Their Differences from Mortgages. 560 2. The Conditions of Homes Sold Via Land Contract and Unjust... 2020
Blaine G. Saito COLLABORATIVE GOVERNANCE AND THE LOW-INCOME HOUSING TAX CREDIT 39 Virginia Tax Review 451 (Spring, 2020) The Low-Income Housing Tax Credit (LIHTC) is the largest federal program focused on increasing the supply of affordable housing. The credit is designed as a collaboration among the federal government, states, localities, developers, and investors. But it is not meeting its goals. Budget hawks have noted that costs have increased while units have... 2020
David Schleicher CONSTITUTIONAL LAW FOR NIMBYS: A REVIEW OF "PRINCIPLES OF HOME RULE FOR THE 21 CENTURY" BY THE NATIONAL LEAGUE OF CITIES 81 Ohio State Law Journal 883 (2020) Model laws play an extremely important role in the history of home rule for local governments in the United States. So it is of no small moment that the National League of Cities (NLC) proposed a new Model Constitutional Home Rule Article (the Model Article) last February. Unfortunately, the Model Article is severely flawed. Rather than... 2020
Chandler Nicholle Spinks CONTEMPORARY HOUSING DISCRIMINATION: FACEBOOK, TARGETED ADVERTISING, AND THE FAIR HOUSING ACT 57 Houston Law Review 925 (Symposium, 2020) Recent developments in advertising technology have raised concerns about discrimination and disproportionate harm to vulnerable groups. This Comment focuses on discrimination in online housing advertisements and argues that the law, as it currently stands, is ill-equipped to address twenty-first century housing discrimination. I explore... 2020
Lua Kamál Yuille CORPORATIONS, PROPERTY, & PERSONHOOD 97 Denver Law Review 557 (Spring, 2020) One image of the corporation, the dominant business enterprise, animates the fields of corporate law and corporate governance both discursively and practically: the corporation is an institution that exists to facilitate the pursuit of a reasonably simple objective--to build wealth (i.e., profits). The dominant view is narrower still: the... 2020
Gregory N. Mandel , Kristina R. Olson , Anne A. Fast DEBUNKING INTELLECTUAL PROPERTY MYTHS: CROSS-CULTURAL EXPERIMENTS ON PERCEPTIONS OF PROPERTY 2020 Brigham Young University Law Review 219 (2020) For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump's current trade war with China. Despite substantial geopolitical debate over differences between American and Chinese attitudes... 2020
Kelli L. Dickerson, Jennifer Lavoie, Jodi A. Quas, University of California, Irvine, The University of Edinburgh, University of California, Irvine DO LAYPERSONS CONFLATE POVERTY AND NEGLECT? 44 Law and Human Behavior 311 (August, 2020) Objective: Child neglect is often initially identified via adults who come into contact with children and report their suspicions to the authorities. Little is known about what behaviors laypersons view as constituting neglect and hence worth reporting. We examined laypersons' perceptions of neglect and poverty, particularly how these factors... 2020
Victoria Finkle, Olivia Grob-Lipkis, Andrea Lau, Jorge Andres Soto, Morgan Williams ENSURING FAIR HOUSING DURING THE COVID-19 PANDEMIC 29 Journal of Affordable Housing & Community Development Law 179 (2020) I. Structural Racism and Lessons from Past Crises. 181 II. Wealth Loss and Displacement Threaten Communities of Color in a Myriad of Ways. 184 A. Health Effects of Unequal Housing. 186 B. Housing Discrimination in the Pandemic. 187 III. The Trump Administration's Dangerous Policies. 189 A. Disparate Impact. 189 B. Affirmatively Furthering Fair... 2020
Emily A. Vernon EXCLUSIONARY ADVERTISING? THE CASE FOR CAUTIOUS ENFORCEMENT OF 42 USC § 3604(C) AGAINST MINORITY-LANGUAGE HOUSING ADVERTISEMENTS 87 University of Chicago Law Review 223 (January, 2020) Section 804(c) of the Fair Housing Act (FHA), codified at 42 USC § 3604(c), prohibits advertisements that indicate[ ] any preference on the basis of race, national origin, and other protected categories. The text of the FHA, however, is ambiguous regarding its applicability to the language in which housing advertisements appear, raising the... 2020
Sara Zeimer EXCLUSIONARY ZONING, SCHOOL SEGREGATION, AND HOUSING SEGREGATION: AN INVESTIGATION INTO A MODERN DESEGREGATION CASE AND SOLUTIONS TO HOUSING SEGREGATION 48 Hastings Constitutional Law Quarterly 205 (Fall, 2020) The Constitution of the United States makes broad claims about equality, yet this nation is far from achieving its idealistic goals. This country was founded as a segregated society; it treated anyone who was not white as an outsider, not entitled to the same privileges as white men. Even after the Civil War concluded and slavery was outlawed,... 2020
Megan C. Berry, Richard L. Wiener, University of Nebraska-Lincoln EXOFFENDER HOUSING STIGMA AND DISCRIMINATION 26 Psychology, Public Policy, and Law 213 (May, 2020) Despite the importance of stable housing for successful reentry, criminal history reduces the willingness of housing authorities to rent to applicants (Evans & Porter, 2015; Evans, Blount-Hill, & Cubellis, 2019; Furst & Evans, 2017). In seeking to understand the systemic nature of housing discrimination, we documented the stereotypes that 445... 2020
Jacob Parker Black FACEBOOK AND THE FUTURE OF FAIR HOUSING ONLINE 72 Oklahoma Law Review 711 (Spring, 2020) Facebook, the behemoth social media company founded in 2004, is no stranger to criticism in pursuit of its mission to give people the power to build community and bring the world closer together. Facebook's critics have variously attacked its stance on privacy, retention of member information, and its role in proliferating false news, among a... 2020
Nadiyah Humber , James Matthews FAIR HOUSING ENFORCEMENT IN THE AGE OF DIGITAL ADVERTISING: A CLOSER LOOK AT FACEBOOK'S MARKETING ALGORITHMS 64-WTR Boston Bar Journal 38 (Winter, 2020) The increasing use of social media platforms to advertise rental opportunities creates new challenges for fair housing enforcement. The Fair Housing Act, 42 U.S.C. §§ 3601-19 (FHA) makes it unlawful to discriminate in the sale or rental of housing on the basis of race, color, religion, sex, familial status, national origin, and disability... 2020
Jonathan L. Entin FAIR HOUSING PAST, PRESENT, AND FUTURE: PERSPECTIVES ON MOVING TOWARD INTEGRATION 70 Case Western Reserve Law Review 659 (Spring, 2020) People of color have long faced discrimination in the housing market. In many instances, African Americans encountered violent opposition when they tried to move into previously all-white communities. More commonly, various public policies and private practices promoted residential segregation. For example, zoning ordinances sought to maintain... 2020
Heather R. Abraham FAIR HOUSING'S THIRD ACT: AMERICAN TRAGEDY OR TRIUMPH? 39 Yale Law and Policy Review 1 (Fall, 2020) Fifty-two years ago, Congress enacted a one-of-a-kind civil rights directive. It requires every federal agency--and state and local grantees by extension--to take affirmative steps to undo segregation. In 2020, this overlooked Fair Housing Act provision--the affirmatively furthering fair housing or AFFH mandate--had heightened relevance.... 2020
McKayla Stokes FAMILIES BELONG TOGETHER: THE PATH TO FAMILY SANCTITY IN PUBLIC HOUSING 15 Northwestern Journal of Law & Social Policy 224 (Winter, 2020) In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples' marital equality. The Court's unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause... 2020
Beth A. Colgan, Nicholas M. McLean FINANCIAL HARDSHIP AND THE EXCESSIVE FINES CLAUSE: ASSESSING THE SEVERITY OF PROPERTY FORFEITURES AFTER TIMBS 129 Yale Law Journal Forum 430 (January 3, 2020) abstract. In the wake of the Supreme Court's decision in Timbs v. Indiana-- which held that the Fourteenth Amendment incorporates against the states the Eighth Amendment's ban on the imposition of excessive fines--it is likely that state and lower federal courts around the nation will be called upon to further develop Excessive Fines Clause... 2020
Jenna Raden FRAGMENTING LOCAL GOVERNANCE AND FRACTURING AMERICA'S SUBURBS: AN ANALYSIS OF MUNICIPAL INCORPORATIONS AND SEGREGATIVE EFFECT LIABILITY UNDER THE FAIR HOUSING ACT 94 Tulane Law Review 365 (January, 2020) I. Introduction. 366 II. A Brief History of Municipal Incorporations. 371 III. Municipal Incorporations Today. 373 A. Atlanta's Cityhood Movement. 373 B. St. George, Louisiana, Incorporation. 376 1. First Incorporation Attempt. 378 2. Second Incorporation Attempt. 381 IV. Municipal Incorporation Under the Fair Housing Act. 383 A. The Making and... 2020
Elizabeth J. Mueller, Heather K. Way, Jake Wegmann FREEFALL: WHY OUR HOUSING SAFETY NET IS FAILING THE LOWEST-INCOME RENTERS DURING COVID-19 29 Journal of Affordable Housing & Community Development Law 257 (2020) I. Introduction. 257 II. The Trends Behind the U.S. Housing Shortage for Extremely Low-Income Renters. 259 A. Declining Federal Support for Housing. 259 B. Increased Reliance on Private Producers, Linked to Private Investors. 262 C. Inadequate Commitment to the Needs of the Poorest Renters. 264 III. Moving Forward. 266 IV. Conclusion. 269 2020
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