Jeff Clare BECAUSE HOUSING IS WHAT? FUNDAMENTAL. CALIFORNIA'S RHNA SYSTEM AS A TOOL FOR EQUITABLE HOUSING GROWTH 46 Ecology Law Quarterly 373 (2019) In 2017 and 2018 the California Legislature passed two packages of bills aiming to address the state's massive housing shortage. The bills focus on the state's housing element law and Regional Housing Needs Assessment (RHNA) system. These two mechanisms were created to require cities to plan for their long-term housing growth and to ensure cities... 2019
Barak Atiram BETWEEN RACIALLY RESTRICTIVE COVENANTS AND INDIAN BEAVER HUNTING: THE METATHEORY OF PROPERTY RIGHTS 24 Texas Journal on Civil Liberties & Civil Rights 223 (Spring, 2019) Scholarly writings about collective actions for the production of non-excludable goods, especially in the field of law and economics, look at coordination of class members as a potential failure--a collective-action problem. Economics professor Harold Demsetz's famous article Toward a Theory of Property Rights belongs to this tradition of writing.... 2019
Christopher S. Elmendorf BEYOND THE DOUBLE VETO: HOUSING PLANS AS PREEMPTIVE INTERGOVERNMENTAL COMPACTS 71 Hastings Law Journal 79 (December, 2019) The problem of local-government barriers to housing supply is finally enjoying its moment in the sun. For decades, the states did little to remedy this problem and arguably they made it worse. But spurred by a rising Yes in My Backyard (YIMBY) movement, state legislatures are now trying to make local governments plan for more housing, allow greater... 2019
Jane Kim BLACK REPARATIONS FOR TWENTIETH CENTURY FEDERAL HOUSING DISCRIMINATION: THE CONSTRUCTION OF WHITE WEALTH AND THE EFFECTS OF DENIED BLACK HOMEOWNERSHIP 29 Boston University Public Interest Law Journal 135 (Winter 2019) Introduction. 135 I. Twentieth Century Federal Housing Discrimination in America: The Government's Construction of White Property and White Wealth. 138 A. The Federal Construction of Neighborhood and Property Ratings: Racist Redlining is Born. 140 B. Racial Exclusion from Government-Subsidized and Government-Insured Loans, Investment, and... 2019
David D. Troutt CITIES, FAIR HOUSING, AND GENTRIFICATION: A PROPOSAL IN PROGRESSIVE FEDERALISM 40 Cardozo Law Review 1177 (February, 2019) C1-2Table of Contents Introduction. 1177 I. Analysis: The Three Interests Protected by Fair Housing and the Duty to AFFH. 1182 A. The Rationale. 1182 B. The Three Supporting Statutory Interests. 1186 C. Trade-Offs in Going Local: Protected Class Limitations and Lack of Intersectionality. 1191 II. Proposal: An Urban AFFH Regime with Four... 2019
Megan Haberle , Philip Tegeler COORDINATED ACTION ON SCHOOL AND HOUSING INTEGRATION: THE ROLE OF STATE GOVERNMENT 53 University of Richmond Law Review 949 (March, 2019) In this essay, we assess the prospects for more coordinated government efforts to address housing and school segregation at the federal, state and local level. We conclude that multiple barriers to concerted action at the federal and local level, particularly to addressing racial and economic segregation across local boundaries, suggest a more... 2019
Molly F. Spakowski CRAFTED FROM WHOLE CLOTH: REVERSE STASH-HOUSE STINGS AND THE SENTENCING FACTOR MANIPULATION CLAIM 67 Buffalo Law Review 451 (April, 2019) Kenneth Flowers is currently serving a mandatory minimum sentence of 120 months imprisonment stemming from a conviction of conspiracy to possess with intent to distribute five or more kilograms of cocaine. While the ten-year prison sentence is very real, the five-kilograms of cocaine is not, and never was. Mr. Flowers was caught-up in one of the... 2019
Caroline V. Green DELIMIT, DEMARCATE, AND TITLE: SOVEREIGNTY AND PROPERTY RIGHTS OF NATIVE PEOPLES IN THE AMERICAS 28 Tulane Journal of International and Comparative Law 101 (Winter 2019) I. Introduction. 101 II. International Case Law and Indigenous Property Rights in the Americas. 102 III. International Human Rights Instruments Address Indigenous Property and Sovereignty. 109 IV. United States Federal Law and Native American Property Rights. 116 A. History. 116 B. Case Study: Carpenter v. Murphy. 118 V. A Strategy for Native... 2019
Moira O'Neill , Giulia Gualco-Nelson , Eric Biber DEVELOPING POLICY FROM THE GROUND UP: EXAMINING ENTITLEMENT IN THE BAY AREA TO INFORM CALIFORNIA'S HOUSING POLICY DEBATES 25 Hastings Environmental Law Journal 1 (Winter, 2019) Introduction. 5 Part I: Background. 7 A. Navigating the law applicable to entitlement processes in California. 7 1. Local law governing infill development. 8 2. Environmental review under the California Environmental Quality Act. 12 a. Local governments often determine CEQA's applicability. 12 b. The disclosure requirements under CEQA. 14 c. The... 2019
by Steven D. Schwinn , The John Marshall Law School, Chicago, IL Did the Virginia General Assembly Violate the Equal Protection Clause in Redrawing 11 Contested House Districts After the 2010 Census? 46 No. 6 Preview of United States Supreme Court Cases 4 (March 18, 2019) In 2011, after the 2010 census, Virginia set out to redraw its state legislative districts. In drawing the new House districts, the legislature relied on traditional, race-neutral districting criteria; the one-person-one-vote rule; and a 55-percent target for the black voting age population in each district, in order to comply with the Voting... 2019
Etienne C. Toussaint DISMANTLING THE MASTER'S HOUSE: TOWARD A JUSTICE-BASED THEORY OF COMMUNITY ECONOMIC DEVELOPMENT 53 University of Michigan Journal of Law Reform 337 (Winter 2019) Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED,... 2019
Christopher Serkin DIVERGENCE IN LAND USE REGULATIONS AND PROPERTY RIGHTS 92 Southern California Law Review 1055 (May, 2019) For the past century, property rights--and in particular development rights-- have been circumscribed and largely defined by comprehensive local land use regulations. As any student of land use knows, zoning across the country shares a common DNA. Despite their local character, zoning limits on development rights in almost every American... 2019
LaToya Baldwin Clark EDUCATION AS PROPERTY 105 Virginia Law Review 397 (April, 2019) Introduction. 397 I. How to Steal An Education: A Web of Law and Policy. 403 II. Education as Property. 408 A. Education as Transferable. 410 B. Education for Exclusive Enjoyment. 413 C. Education and the Right to Exclude. 416 III. Propertizing Education. 421 Conclusion. 424 2019
Elizabeth Beatty, Abbey Hawthorne EMPOWERED: BRINGING ENERGY EFFICIENCY INTO LOW-INCOME HOMES 5 One J: Oil and Gas, Natural Resources, and Energy Journal 341 (September, 2019) During a January 2018 cold spell, temperatures fell below zero degrees Fahrenheit across much of the Northeastern United States. For Howard Jerome, an eighty-three-year-old Vermont resident who relied on social security and pension payments to make ends meet, the frigid air in his home stung his nose and his pocketbook. Jerome had received $400... 2019
Michelle Adams, Derek W. Black EQUALITY OF OPPORTUNITY AND THE SCHOOLHOUSE GATE, THE SCHOOLHOUSE GATE: PUBLIC EDUCATION, THE SUPREME COURT, AND THE BATTLE FOR THE AMERICAN MIND BY JUSTIN DRIVER PENGUIN RANDOM HOUSE, 2018 128 Yale Law Journal 2302 (June, 2019) Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that... 2019
Sam Burgess EXPLORING LAND VALUE TAXATION AS A MEANS OF MITIGATING GREATER BOSTON'S HOUSING AFFORDABILITY CRISIS 39 Review of Banking and Financial Law 549 (Fall, 2019) Like many coastal American metropolitan areas flush with high-paying jobs characteristic of twenty-first century innovation economies, Greater Boston is grappling with skyrocketing housing costs and a shortage of affordable housing stock. Although the Commonwealth of Massachusetts and City of Boston have implemented a panoply of initiatives to... 2019
Kody Glazer FAIR HOUSING ACT AT 50: CHALLENGING THE DISPARATE IMPACT OF PREDICTIVE ANALYTICS 46 Florida State University Law Review 457 (Winter, 2019) The year 2018 marked the 50th Anniversary of the enactment of the Fair Housing Act. Although there have been mixed reviews on the success of the Act in reaching its goals of eradicating discrimination from the housing market and of affirmatively furthering fair housing, one thing remains clear-the Act must evolve and react to changing technologies... 2019
Sara Pratt FAIR HOUSING ACT AT FIFTY 53 University of Richmond Law Review 1021 (March, 2019) I am a Virginian by birth; I grew up in Lynchburg, Virginia. You may be asking yourself how a civil rights advocate grew up in Lynchburg, Virginia. Living in Virginia provided formative experiences for me that brought me to a fair housing-oriented life, and career. I started out learning about civil rights in a Presbyterian youth camp, on the... 2019
David L. Callies, Derek B. Simon FAIR HOUSING AND DISCRIMINATION AFTER INCLUSIVE COMMUNITIES 33-JUN Probate and Property 43 (May/June, 2019) Some of the most effective means of combating housing discrimination are statutes prohibiting discrimination against certain protected minority classes. The federal Fair Housing Act (FHA) represents a model for such statutory prohibitions. The FHA prohibits discrimination by both public (e.g., state and local government agencies) and private (e.g.,... 2019
Stephen M. Dane FAIR HOUSING POLICY UNDER THE TRUMP ADMINISTRATION 44 Human Rights 18 (2019) Congress passed the federal Fair Housing Act with broad bipartisan support in 1968, one week after the assassination of Dr. Martin Luther King Jr. As originally enacted, the Fair Housing Act prohibited discrimination on the basis of race, color, national origin, sex, and religion. Congress also obligated the U.S. Department of Housing and Urban... 2019
Emily Ponder Williams FAIR HOUSING'S DRUG PROBLEM: COMBATTING THE RACIALIZED IMPACT OF DRUG-BASED HOUSING EXCLUSIONS ALONGSIDE DRUG LAW REFORM 54 Harvard Civil Rights-Civil Liberties Law Review 769 (Summer, 2019) Five years after her release from incarceration and a decade after her last and only conviction for the sale of a controlled substance, Veronica Martinez was deemed too dangerous for admission as a New York City Housing Authority tenant. Martinez was considered dangerous, despite her showing that the conviction arose from a coercive, abusive... 2019
Olivia Li FROM HOUSING TO HEALTH: IMAGINING ANTIDISCRIMINATION PROVISIONS FOR MENTHOL CIGARETTE MARKETING 9 Columbia Journal of Race and Law 369 (2019) Smoking has been decreasing steadily over the past several decades, but advertisers still target some populations for cigarette consumption. Currently, almost nine out of ten African American smokers smoke mentholated cigarettes compared to only one in four White Americans. This disparity in use came about through decades of targeted marketing... 2019
John Whitlow GENTRIFICATION AND COUNTERMOVEMENT: THE RIGHT TO COUNSEL AND NEW YORK CITY'S AFFORDABLE HOUSING CRISIS 46 Fordham Urban Law Journal 1081 (October, 2019) Introduction. 1082 I. Contextualizing New York City's Affordable Housing Crisis. 1087 A. The Housing Crisis and Housing Court. 1089 B. The Neoliberalization of New York City. 1094 C. From Neoliberalization to Gentrification. 1100 D. Market-Based Approaches to Affordable Housing. 1104 II. The Right to Counsel and Critiques of Legal Rights. 1111 A.... 2019
Abraham Gutman , Katie Moran-McCabe , Scott Burris HEALTH, HOUSING, AND THE LAW 11 Northeastern University Law Review 251 (Spring, 2019) I. Introduction. 253 II. A Goal of Health Equity in Housing. 255 A. Safe Housing Without any Hazards. 257 B. Housing Affordability and Instability. 259 C. Healthy Neighborhoods. 263 III. Legal Levers for Health Equity in Housing. 266 IV. The Many Things We Do Not Know About the Impact of Basic Housing Laws. 277 A. Domain 1: Increasing the Supply of... 2019
Hokulani McKeague HOKULANI MCKEAGUE v. DEPARTMENT OF HAWAIIAN HOME LANDS: A CASE FOR THE UNCONSTITUTIONALITY OF BLOOD QUANTUM 42 University of Hawaii Law Review 204 (Winter 2019) Section 209 of the Hawaiian Homes Commission Act requires a successor to a Department of Hawaiian Home Lands lease to have at least one-quarter Hawaiian blood. This article explores the unconstitutionality of blood quantum as it relates to section 209 and argues that it violates the Fifth and Fourteenth Amendments to the United States Constitution... 2019
R. George Wright HOMELESSNESS, CRIMINAL RESPONSIBILITY, AND THE PATHOLOGIES OF POLICY: TRIANGULATING ON A CONSTITUTIONAL RIGHT TO HOUSING 93 Saint John's Law Review 427 (2019) The importance of a roof over one's head seems clear to most of us. But private charity, the insurance markets, and the regulatory state offer no guarantees that this most elemental need will be even minimally met. This Article focuses on the continuing denial of any federal constitutional right to even minimal housing, despite the sense that basic... 2019
The Rev. Benjamin P. Campbell HOUSING SUPPLY AND THE COMMON WEALTH 53 University of Richmond Law Review 1031 (March, 2019) It's a powerful thing to mark the fiftieth anniversary of the Fair Housing Act of 1968, something that actually happened and has actually had an effect. I grew up in segregated Virginia, so I have a pretty powerful sense of the passage of time here. It's given us the opportunity today to review and mark human progress, to take stock of where we are... 2019
J. Denton “Denny” Dobbins, Jr. HOW TO COMPLY WITH THE APRIL 4, 2016 HUD FAIR HOUSING GUIDELINES WHEN LANDLORDS USE CRIMINAL HISTORY FOR RENTAL ANALYSIS 62-MAY Advocate 34 (May, 2019) The U.S. Department of Housing and Urban Development (HUD) issued guidelines on April 4, 2016, addressing what providers or operators of housing (landlords, owners, management companies, real estate agents, etc. that rent or lease residential property) must do to avoid discriminatory effects and disparate treatment of tenants when a landlord... 2019
Miriam Elnemr Rofael IMPROVING THE HOUSING CHOICE VOUCHER PROGRAM THROUGH SOURCE OF INCOME DISCRIMINATION LAWS 107 California Law Review 1635 (October, 2019) The Housing Choice Voucher (HCV) program is a government program that subsidizes the rent of low-income individuals or families, allowing them to afford housing in the private market. Families pay 30 percent of their income towards rent, and the voucher covers the remainder. Congress created the program with the goal of enabling low-income... 2019
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