Eric Mogilnicki, Graves Lee, Covington & Burling LLP ACTING DIRECTOR UEJIO DELIVERS REMARKS REGARDING RACIAL HOME OWNERSHIP GAP AND SPECIAL PURPOSE CREDIT PROGRAMS 2021-SEP Business Law Today 3 (September, 2021) On September 1, 2021, CFPB Acting Director Dave Uejio spoke before the National Fair Housing Alliance's Virtual Forum on Special Purpose Credit Programs. In his remarks, he discussed the racial home ownership gap, the importance of access to home ownership in eliminating these disparities, and the effects of the COVID-19 pandemic in exacerbating... 2021
Kenneth S. Klein ASHES TO ASHES: A WAY HOME FOR CLIMATE CHANGE SURVIVORS 63 Arizona Law Review 679 (Fall, 2021) Wow! Yet another big storm heading to Puerto Rico. Will it ever end? -Twitter post of President Donald Trump, August 27, 2019 In 2020, the United States suffered a record number of named storms, a record number of storms causing $1 billion or more in damage, a derecho that destroyed much of Iowa's corn crop, and previously unheard-of levels of... 2021
Stephen R. Miller BALTIMORE AND THE LEGAL HISTORY OF HOUSING SEGREGATION 30 Journal of Affordable Housing & Community Development Law 137 (2021) How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing, 1890-1960 Paige Glotzer Columbia University Press (2020) 320 pages, $30 The Lines Between Us: Two Families and a Quest to Cross Baltimore's Racial Divide Lawrence Lanahan The New Press (2019) 336 pages, $28.99 The Voucher Promise: Section 8 and the Fate of an... 2021
James J. Scherer CHANGING THE RULE THAT CHANGES NOTHING: PROTECTING EVICTED TENANTS BY AMENDING CLEVELAND HOUSING COURT RULE 6.13 69 Cleveland State Law Review 719 (2021) Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one's chances of securing decent and affordable... 2021
Dario Valles, Columbia University CHILL PILLS PANIC: LEGAL CONSTRUCTIONS OF PLAY, RACE, AND THE POLICING OF CARE IN CALIFORNIA'S ADMINISTRATIVE COURTS 44 PoLAR: Political and Legal Anthropology Review 156 (May, 2021) US legal-administrative interpretations of children's play offer critical insight into the production of racial difference and reproduction of economic disparities under the aegis of the postwelfare state. This article analyzes ethnographic observations in an administrative court in Los Angeles and transcripts of childcare license revocation... 2021
Christopher Afgani CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE 68 UCLA Law Review 786 (October, 2021) Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... 2021
Bridget Lavender COERCION, CRIMINALIZATION, AND CHILD 'PROTECTION': HOMELESS INDIVIDUALS' REPRODUCTIVE LIVES 169 University of Pennsylvania Law Review 1607 (April, 2021) The U.S. Supreme Court has long recognized the constitutional importance of reproductive autonomy. However, for the unhoused the guarantees of this right can be seen as fictitious promises. This Comment aims to explore the continuum of limitations on reproductive autonomy faced by homeless individuals, and its implications for reproductive rights... 2021
Abigail S. Rosenfeld CONSIDER THE CAREGIVERS: REIMAGINING LABOR AND IMMIGRATION LAW TO BENEFIT HOME CARE WORKERS AND THEIR CLIENTS 62 Boston College Law Review 315 (January, 2021) Abstract: A looming shortage of over half a million direct care workers within the next decade threatens to leave elderly and disabled individuals without much-needed care. Existing U.S. labor and immigration laws render long-term care work undesirable and providers prone to exploitation. Despite the extension of the Fair Labor Standards Act's... 2021
Prentiss A. Dantzler, Jason D. Rivera, Assistant Professor, Urban Studies Institute, Georgia State University, Email:, Phone: 404-413-0349, Associate Professor, Department of Political Science & Public Administration, SUNY Buffalo State, CONSTRUCTING IDENTITIES OF DESERVEDNESS: PUBLIC HOUSING AND POST-WWII ECONOMIC PLANNING EFFORTS 39 Minnesota Journal of Law & Inequality 443 (Summer, 2021) Depending on its population, the approach and sustained support for public housing has varied over time. This Article discusses how policymakers' initial arguments rested upon constructed identities of deservedness. This Article argues that the perceived social identity of public housing residents was used as an impetus for political support and... 2021
Lily Frances Fontenot COVID-19, HOUSING AND EVICTIONS: A COMPARATIVE CASE STUDY OF HOUSING LAW AND POLICY IN THE UNITED STATES AND ARGENTINA THROUGH AN INTERNATIONAL HUMAN RIGHTS LENS 53 University of Miami Inter-American Law Review 159 (Winter/Spring, 2021) This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country's response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each... 2021
Alice Kaswan CREATING HOME: MULTILEVEL GOVERNANCE STRUCTURES FOR EMERGING CLIMATE MIGRATION 93 Temple Law Review 735 (Summer, 2021) Whether in response to sudden disasters or slow-onset conditions like sea level rise, intolerable heat, or water scarcity, millions, if not billions, of people in the United States and around the world are likely to move in the coming decades. Where will people go? While considerable attention has focused on how communities can adapt to a... 2021
  CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) 134 Harvard Law Review 1268 (January, 2021) Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... 2021
Laura Flint CRIMINALIZING PROPERTY RIGHTS: HOW CRIME-FREE HOUSING ORDINANCES VIOLATE THE FIFTH AMENDMENT 70 Emory Law Journal 1369 (2021) Crime-free housing ordinances allow municipalities to force private landlords to evict tenants who have committed crimes or allowed a guest who has committed a crime into their home, regardless of the tenant's knowledge. These ordinances have proliferated throughout the country since the turn of the century and pose interesting questions about... 2021
Jordan Brewington DISMANTLING THE MASTER'S HOUSE: REPARATIONS ON THE AMERICAN PLANTATION 130 Yale Law Journal 2160 (June, 2021) In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and present-day cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a... 2021
Jeff Kukucka , Kimberley A. Clow , Ashley M. Horodyski , Kelly Deegan , Nina M. Gayleard DO EXONEREES FACE HOUSING DISCRIMINATION? AN EMAIL-BASED FIELD EXPERIMENT AND CONTENT ANALYSIS 27 Psychology, Public Policy, and Law 570 (November, 2021) Two studies examined housing discrimination against exonerees. In Study 1, we sent 1,203 emails inquiring about active apartment listings, each of which ostensibly came from an ex-offender, an exoneree, or a person with no criminal history. Compared to the control condition (51%), both ex-offenders (40%) and exonerees (regardless of whether they... 2021
Andrew T. Hayashi DYNAMIC PROPERTY TAXES AND RACIAL GENTRIFICATION 96 Notre Dame Law Review 1517 (March, 2021) Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with--and may be... 2021
Ryan Davey, Insa Lee Koch, Cardiff University, London School of Economics EVERYDAY AUTHORITARIANISM: CLASS AND COERCION ON HOUSING ESTATES IN NEOLIBERAL BRITAIN 44 PoLAR: Political and Legal Anthropology Review 43 (May, 2021) In Britain, especially in the 2010s, neoliberal reform involved an extension of legal coercion into the domestic and community lives of marginalized citizens. On two postindustrial housing estates in Britain, working-class residents experience this everyday authoritarianism in areas that the liberal state typically constructs as private and... 2021
Robert G. Schwemm FAIR HOUSING AND THE CAUSATION STANDARD AFTER COMCAST 66 Villanova Law Review 63 (2021) The Supreme Court last term held in the Comcast case that but-for causation must be shown by plaintiffs under the 1866 Civil Rights Act's § 1981 and also announced that this standard is the default position presumed to govern all other federal civil rights statutes. This Article deals with how Comcast's but-for presumption applies to fair housing... 2021
James Jennings FAIR HOUSING AND ZONING AS ANTI-GENTRIFICATION: THE CASE OF BOSTON, MASSACHUSETTS 30 Journal of Affordable Housing & Community Development Law 93 (2021) The Fair Housing law protects individuals and groups based on race, color, religion, sex, familial status, national origin, or having a disability. In addition to the federal protected classes, Massachusetts Anti-Discrimination Law, Massachusetts General Laws, ch.151B, prohibits discrimination against the following protected classes: sexual... 2021
Noah M. Kazis FAIR HOUSING FOR A NON-SEXIST CITY 134 Harvard Law Review 1683 (March, 2021) C1-3CONTENTS L1-2Introduction . L31684 I. Sex and Fair Housing: The State of the Law. 1692 A. The Fair Housing Framework. 1692 B. Sex as a Protected Class: The Limits of Current Enforcement. 1697 C. Proof of Concept: Domestic Violence and Chronic Nuisance Ordinances. 1703 1. Chronic Nuisance Ordinances. 1703 2. The Application of Chronic Nuisance... 2021
Winnie F. Taylor FINTECH AND RACE-BASED INEQUALITY IN THE HOME MORTGAGE AND AUTO FINANCING MARKETS 33 Loyola Consumer Law Review 366 (2021) The racial gap in wealth in the United States is astonishing. A 2019 survey found that the typical White family has eight times the wealth of the typical African American family and five times the wealth of the typical Hispanic family. Unfortunately, discrimination in the home mortgage market and the lending industry has contributed greatly to the... 2021
Robert Costello FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON 36-SUM Criminal Justice 39 (Summer, 2021) NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... 2021
Lauren Peterson GOVERNING THE UNKNOWN: HOW THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN SPACE WILL SHAPE THE NEXT GREAT ERA OF EXPLORATION, EXPLOITATION, AND INVENTION 18 Northwestern Journal of Technology & Intellectual Property 335 (May, 2021) Introduction. 336 I. Off to the Races. 337 II. U.N. Action for Space. 340 III. What the Development of Maritime & Aviation Law Can Teach Us. 343 IV. Parallels in the Development of Space Law. 347 V. A Few of the Problems Facing Intellectual Property Law in Space. 350 VI. The Next Great Race. 351 Conclusion. 352 The urge to explore has propelled... 2021
Caitlin Henderson HEIRS PROPERTY IN GEORGIA: COMMON ISSUES, CURRENT STATE OF THE LAW, AND FURTHER SOLUTIONS 55 Georgia Law Review 875 (Winter, 2021) In Georgia, real property passes through an intestate estate in the form of heirs property. Under this system, heirs share ownership of the property as tenants in common. This form of ownership poses several obstacles to realizing the land's full potential and, in certain circumstances, courts will partition the property in forced sales or will... 2021
Rachel D. Godsil, Sarah E. Waldeck HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY 98 Denver Law Review 523 (Spring, 2021) Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... 2021
Jennifer C. Nash HOME IS WHERE THE BIRTH IS: RACE, RISK, AND LABOR DURING COVID-19 32 Yale Journal of Law & Feminism 103 (2021) On April 28, 2020, Dr. W. Spencer McClelland--an obstetrician at New York City's Lenox Hill Hospital--published an editorial in The New York Times that announced, If you planned on delivering in a New York City hospital, don't change your plans. McClelland's plea was a response to an outpouring of news reports focused on pregnant people... 2021
Candace L. Castillo HOUSE BILL 3: AN IOU TEXAS PUBLIC SCHOOLS AND COMMUNITIES OF COLOR CANNOT AFFORD 23 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2021) Introduction. 58 I. History of Texas School Finance. 61 A. Edgewood ISD v. Kirby. 62 B. Morath v. Texas Taxpayer (Edgewood VII). 65 C. The Failings of Texas's School Finance System. 67 II. The Basic Mechanics of School Finance. 68 III. HB 3. 70 A. Inequitable Tax Compression. 71 B. Changes to the Recapture Program. 74 C. HB 3 Lacks a Sustainable... 2021
Maria Massimo HOUSING AS A RIGHT IN THE UNITED STATES: MITIGATING THE AFFORDABLE HOUSING CRISIS USING AN INTERNATIONAL HUMAN RIGHTS LAW APPROACH 62 Boston College Law Review 273 (January, 2021) Abstract: Throughout its history, the United States has perpetuated a double standard in regard to international human rights by urging other nations to protect and promote these rights, while simultaneously forgoing international human rights treaties in favor of its own Constitution and domestic human rights laws. Notably, the United States does... 2021
Cayla Keenan HOUSING LAW--NOT OVER THIS THRESHOLD: THE CRISIS OF CONTINUED HOUSING DISCRIMINATION AGAINST QUEER AMERICANS--SMITH v. AVANTI, 249 F. SUPP. 3D 1194 (D. COLO. 2017) 26 Suffolk Journal of Trial and Appellate Advocacy 157 (2020-2021) As of 2019, there are no federal laws that protect against housing discrimination for LGBTQIA+ (queer) Americans. Protections against discrimination on the basis of sex were added to the Fair Housing Act in 1974, however, there are still no federal legal protections that prevent housing discrimination against queer people. In many of these... 2021
Sophia A. Studer HOW JUDICIAL APPLICATION OF CDA § 230 AND FHA § 3604 HAVE CREATED SAFE HAVENS FOR ONLINE HOUSING DISCRIMINATION 28 Richmond Journal of Law and Technology 378 (Winter 2021) This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer... 2021
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