| Author | Title | Citation | Summary | Year |
| Najarian R. Peters |
THE RIGHT TO BE AND BECOME: BLACK HOME-EDUCATORS AS CHILD PRIVACY PROTECTORS |
25 Michigan Journal of Race and Law 21 (Fall, 2019) |
The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not... |
2019 |
| Katherine Kuhl |
THE WAR ON AFFORDABLE HOUSING?: HOW ANTI-DRUG POLICIES PUT FAMILIES IN FEDERALLY SUBSIDIZED HOUSING AT RISK OF EVICTION, AND METHODS FOR MITIGATING THESE COLLATERAL CONSEQUENCES |
25 Cardozo Journal of Equal Rights & Social Justice 521 (Spring, 2019) |
L1-2Table of Contents II. Legal Implications of Drug-Related Activity in Federally Funded Housing. 528 III. Additional Factors Influencing the Intersection of Drug Criminalization and Housing Policy. 536 IV. Proposal. 541 V. Conclusion. 548 |
2019 |
| Michelle Y. Ewert |
THINGS FALL APART (NEXT DOOR): DISCRIMINATORY MAINTENANCE AND DECREASED HOME VALUES AS THE NEXT FAIR HOUSING BATTLEGROUND |
84 Brooklyn Law Review 1141 (Summer, 2019) |
It is not that United States Supreme Court Justice Clarence Thomas does not like Wanda Onafuwa or Chevelle Bushnell. He has probably never met them. But one thing is clear: if the U.S. Supreme Court considers whether these women have standing under the Fair Housing Act (FHA) to sue Bank of America for discriminatory maintenance of the foreclosed... |
2019 |
| Jessica A. Shoemaker |
TRANSFORMING PROPERTY: RECLAIMING INDIGENOUS LAND TENURES |
107 California Law Review 1531 (October, 2019) |
This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, oppressive, and linked to persistent poverty in many reservation communities. Yet,... |
2019 |
| Manal Totry-Jubran |
TRANSITIONAL JUSTICE IN HOUSING INJUSTICE: THE CASE OF HOUSING RIGHTS VIOLATIONS WITHIN SETTLER DEMOCRACIES |
52 Vanderbilt Journal of Transnational Law 795 (October, 2019) |
The right to housing is recognized by international human rights treaties as an integral part of the right to an adequate standard of living. Many states have ratified these treaties and incorporated protection of some aspects of housing rights into their constitutions and domestic legislation. Other states have not enacted any legislation in... |
2019 |
| Olatunde C.A. Johnson |
UNJUST CITIES? GENTRIFICATION, INTEGRATION, AND THE FAIR HOUSING ACT |
53 University of Richmond Law Review 835 (March, 2019) |
What does gentrification mean for fair housing? This article considers the possibility that gentrification should be celebrated as a form of integration alongside a darker narrative that sees gentrification as necessarily unstable and leading to inequality or displacement of lower-income, predominantly of color, residents. Given evidence of both... |
2019 |
| Oluchukwu Richard Amagwula |
URBAN DECAY: THE AFFORDABLE HOUSING CRISIS AND THE UNDERDEVELOPMENT OF URBAN COMMUNITIES |
43 Thurgood Marshall Law Review Online I (Spring, 2019) |
Introduction 1 The Purpose of Affordable housing The Importance of Affordable Housing Background 3 A. History of Lower Income Housing 3 B. Demographics 6 C. Geographical locations 7 D. Government Issues Affecting housing 8 o Underfunding 8 o Governance by the Department of Housing & Urban Development 10 Understanding Affordable Housing Crisis... |
2019 |
| |
VIRGINIA HOUSE OF DELEGATES v. BETHUNE-HILL (18-281) |
66-AUG Federal Lawyer 80 (July/August, 2019) |
The Virginia House of Delegates argues that it not only has the proper standing to appeal the district court's decision rejecting its redistricting plan, but also that race did not impermissibly predominate in the redistricting process. But even if race did predominate, the Virginia House further contends that its redistricting plan satisfies... |
2019 |
| Rigel C. Oliveri |
VOUCHERS AND AFFORDABLE HOUSING: THE LIMITS OF CHOICE IN THE POLITICAL ECONOMY OF PLACE |
54 Harvard Civil Rights-Civil Liberties Law Review 795 (Summer, 2019) |
America's housing segregation problem, and the direct role of government and private actors in creating it, is well documented. What to do about it is less clear. And even when consensus develops about particular strategies, they can be difficult to implement because of significant headwinds that impede change. These headwinds--including market... |
2019 |
| Ann M. Aviles , David O. Stovall |
WHEN "CLASS" EXPLANATIONS DON'T CUT IT: SPECTERS OF RACE, HOUSING INSTABILITY, AND EDUCATION POLICY |
19 University of Maryland Law Journal of Race, Religion, Gender and Class 166 (Spring, 2019) |
Race also matters because of persistent racial inequality in society-- inequality that cannot be ignored and that has produced stark socioeconomic disparities .. And race matters for reasons that really are only skin deep, that cannot be discussed any other way, and that cannot be wished away. Race matters to a young man's view of society when he... |
2019 |
| Alisha Jarwala , Sejal Singh |
WHEN DISABILITY IS A "NUISANCE": HOW CHRONIC NUISANCE ORDINANCES PUSH RESIDENTS WITH DISABILITIES OUT OF THEIR HOMES |
54 Harvard Civil Rights-Civil Liberties Law Review 875 (Summer, 2019) |
Over the last fifteen years, municipalities across the United States have enacted chronic nuisance ordinances (CNOs), presenting a growing but under-examined threat to fair housing for people with disabilities. CNOs are local ordinances, usually at the city or county level, that label a broad array of conduct nuisance behavior. Definitions of... |
2019 |
| Kate O'Reilly-Jones |
WHEN FIDO IS FAMILY: HOW LANDLORD-IMPOSED PET BANS RESTRICT ACCESS TO HOUSING |
52 Columbia Journal of Law and Social Problems 427 (Spring, 2019) |
Renters today face widespread landlord-imposed pet restrictions. At the same time, Americans increasingly view their pets as family members, and many do not see giving up their animals as an option when looking for housing. Consequently, pet-owning renters often struggle to find suitable places to live and end up compromising on quality, location,... |
2019 |
| Alexis Karteron |
WHEN STOP AND FRISK COMES HOME: POLICING PUBLIC AND PATROLLED HOUSING |
69 Case Western Reserve Law Review 669 (Spring, 2019) |
In response to programmatic stop-and-frisk, police killings, and other recent controversies in American policing, many have called for smart policing--the evidence-based deployment of police resources. An often-heralded example of smart policing is hot spots policing, which involves directing police attention to locations where crime and disorder... |
2019 |
| Michael A. Carrier |
WHY PROPERTY LAW DOES NOT SUPPORT THE ANTITRUST ABANDONMENT OF STANDARDS |
57 Houston Law Review 265 (Symposium, 2019) |
Property is being hijacked. In property law itself, it is well-recognized that owners' rights are accompanied by robust limits. No one familiar with property law could reasonably claim that property owners have absolute rights to exclude. But when the concept of property is exported elsewhere, those limits are sometimes forgotten. Such a version of... |
2019 |
| Spencer Bailey |
WINNING THE BATTLE AND THE WAR AGAINST HOUSING DISCRIMINATION: POST-ACQUISITION DISCRIMINATION CLAIMS UNDER THE FAIR HOUSING ACT |
28 Journal of Affordable Housing & Community Development Law 223 (2019) |
I. Introduction. 224 II. Pre-Fair Housing Act History. 225 III. The Fair Housing Act. 227 A. Text of the Fair Housing Act. 228 1. 42 U.S.C. § 3604. 228 2. 42 U.S.C. § 3617. 231 B. Legislative History of the Fair Housing Act. 231 C. Interpretation of the Fair Housing Act. 233 IV. Current Case Law on Post-Acquisition Discrimination Claims. 234 A.... |
2019 |
| Quinn Marker |
ZONING FOR ALL! DISPARATE IMPACT LIABILITY AMIDST THE AFFORDABLE HOUSING CRISIS |
88 University of Cincinnati Law Review 1105 (2019) |
The United States has a housing problem. At its most basic and unforgiving level, the housing crisis threatens to displace millions of Americans each year. Millions more teeter on the edge of eviction on a near constant basis, plagued by dwindling emergency funds, low wages, and rising rents. The number of households impacted by this set of... |
2019 |
| Bernadette Atuahene |
"OUR TAXES ARE TOO DAMN HIGH": INSTITUTIONAL RACISM, PROPERTY TAX ASSESSMENTS, AND THE FAIR HOUSING ACT |
112 Northwestern University Law Review 1501 (2018) |
Abstract--To prevent inflated property tax bills, the Michigan Constitution prohibits property tax assessments from exceeding 50% of a property's market value. Between 2009 and 2015, the City of Detroit assessed 55%-85% of its residential properties in violation of the Michigan Constitution, and these unconstitutional assessments have had dire... |
2018 |
| Brenna R. McLaughlin |
#AIRBNBWHILEBLACK: REPEALING THE FAIR HOUSING ACT'S MRS. MURPHY EXEMPTION TO COMBAT RACISM ON AIRBNB |
2018 Wisconsin Law Review 149 (2018) |
The advent of Airbnb has created a chasm of liability between America's newest lodging category and our nation's fair housing laws. Developed in 2008, Airbnb offers travelers a way to bypass expensive hotels by renting space from home owners and lease holders through advertisements on Airbnb's website. Users book their accommodations directly from... |
2018 |
| Audrey Cillo |
A LEGISLATIVE HOME FOR IMMIGRATION POWER |
80 University of Pittsburgh Law Review 481 (Winter 2018) |
The immigration problem transcends time, state borders, and even national borders. The problem magnetizes a spectrum of advocates, from rights-based thinkers calling for freedom of movement as an international human right to nativists demanding America First. And as with any charged political topic, there is a power struggle over who controls... |
2018 |
| Paula A. Franzese |
A PLACE TO CALL HOME: TENANT BLACKLISTING AND THE DENIAL OF OPPORTUNITY |
45 Fordham Urban Law Journal 661 (April, 2018) |
Introduction. 662 I. The Practice of Tenant Blacklisting. 666 II. In Their Own Words: Tenants' Stories. 673 A. Yanira Cortes. 674 B. Ada Lopez. 678 C. Maurice Smith. 679 D. Lori Dibble. 681 E. Ebony Watson. 682 F. Roger Ross. 684 G. Elaine Piccione. 686 III. The Experience of Tenant Blacklisting: Common Themes. 688 IV. Towards Meaningful Federal... |
2018 |
| James Naughton |
A REFLECTION ON THE CONTRACTS BUYERS LEAGUE: A HISTORY OF RESISTANCE TO INEQUITABLE HOUSING IN CHICAGO |
24 Public Interest Law Reporter 1 (Fall, 2018) |
The historian Thomas Philpott once described Chicago's ghetto, which was a place where segregation was practically total, essentially involuntary, and also perpetual. As America faced the Financial Crisis of 2008 and the housing market plummeted, many Americans failed to realize this housing crisis was only a relatively small page in a long... |
2018 |
| Deborah Thrope |
ACHIEVING HOUSING CHOICE AND MOBILITY IN THE VOUCHER PROGRAM: RECOMMENDATIONS FOR THE ADMINISTRATION |
27 Journal of Affordable Housing & Community Development Law 145 (2018) |
Housing Choice Vouchers help deconcentrate poverty and improve the lives of low-income families. There is evidence, however, that the program has failed to meet its housing choice and mobility goals. Tenants with a voucher disproportionately live in low-rent, racially segregated neighborhoods. In fact, almost a quarter million children in the... |
2018 |
| Jay Michael Patterson |
AGGRESSIVELY AND AFFIRMATIVELY FURTHERING FAIR HOUSING: GRANTEES OBLIGATED TO LITIGATE |
87 Mississippi Law Journal 859 (2018) |
Introduction. 860 I. Background. 861 A. History of the Affirmatively Further Duty. 862 1. Judicial Interpretation. 863 2. Clinton Executive Order. 864 3. Failure to Enforce. 865 4. 2015 New Rule. 867 II. Discussion. 869 A. Defining Meaningful Action to Affirmatively Further Fair Housing. 869 B. Litigation as Meaningful Action to Affirmatively... |
2018 |
| Nyasha Buchongo |
AN AGGRIEVED CITY: HOW AN ENTIRE MUNICIPALITY SUED BANK OF AMERICA OVER HOUSING DISCRIMINATION PRACTICES |
40 University of La Verne Law Review 87 (Fall, 2018) |
Abstract. 88 I. Introduction. 88 II. Current Law. 92 III. An Aggrieved Person. 93 IV. Disparate-Impact Under the Fair Housing Act. 93 V. Appling the Aggrieved Person Standard to Cities. 96 VI. Using Parens Patriae AS a Strategy to Seek Remedy. 98 VII. The Proof of the Claim: An Argument for Foreseeability. 100 VIII. Contours of Proximate Cause. 103... |
2018 |
| Megan Haberle |
AN EVOLVING FAIR HOUSING MOVEMENT: FORGING NEW PARTNERSHIPS AND AGENDAS ACROSS POLICY AREAS |
27 Journal of Affordable Housing & Community Development Law 45 (2018) |
The fiftieth anniversary of the federal Fair Housing Act (FHA) this year presents an opportunity for celebration and reflection during a tumultuous political time. The civil rights community has occasion to take stock of our progress as a nation over the past fifty years; our continuing need for action to achieve the FHA's aims; and how evolving... |
2018 |
| William J. Diehl |
AN OLYMPIC RELAY RACE--PASSING ATLANTA'S PUBLIC HOUSING TO PUBLIC-PRIVATIVE PARTNERSHIPS FROM THE 1996 OLYMPIC GAMES TO TODAY |
26 Journal of Affordable Housing & Community Development Law 575 (2018) |
I. Public Housing Policy, Private Investment, and Urban Development. 578 II. Carving Up Atlanta's Public Housing. 583 A. Pre-HOPE VI Plans for the Redevelopment of Techwood-Clark Howell Homes. 583 B. The HOPE VI Incentivized Redevelopment of Techwood-Clark Howell Homes. 586 III. Do Public-Private Partnerships Take Home the Gold Medal?. 588 A.... |
2018 |
| Alan M. White |
BANK OF AMERICA v. CITY OF MIAMI: STANDING AND CAUSATION UNDER THE FAIR HOUSING ACT |
51 Loyola of Los Angeles Law Review 413 (2018) |
Progress towards racial equality in America has been a long journey, of many steps forward and many steps backward. The crisis of 2007-2008 was a large step backwards in the struggle for economic equality, in which the homeownership gains of African-Americans during the 1980s and 1990s were submerged in a historic wave of foreclosures and home... |
2018 |
| James W. Ely, Jr |
BUCHANAN AND THE RIGHT TO ACQUIRE PROPERTY |
48 Cumberland Law Review 423 (2017-2018) |
It is most appropriate to mark the 100th anniversary of the significant Supreme Court opinion in Buchanan v. Warley. Despite some renewed interest by scholars, this landmark ruling has not received the recognition it deserves. In Buchanan the Supreme Court invalidated a Louisville ordinance imposing residential segregation in the city by barring... |
2018 |
| Alyosha Goldstein |
BY FORCE OF EXPECTATION: COLONIZATION, PUBLIC LANDS, AND THE PROPERTY RELATION |
65 UCLA Law Review Discourse 124 (2018) |
This Essay argues that federal land policy as a form of colonial administration has been constitutive for the logic of expectation as property in what is now the United States. From the state land cessions negotiated on behalf of the Articles of Confederation to the preemption acts (1830-1841) to the homestead acts (1862-1916) to present-day... |
2018 |
| Jennifer Hernandez |
CALIFORNIA ENVIRONMENTAL QUALITY ACT LAWSUITS AND CALIFORNIA'S HOUSING CRISIS |
24 Hastings Environmental Law Journal 21 (Winter, 2018) |
The California Environmental Quality Act (CEQA) continues to play a vital role in assuring that our state and local agencies carefully evaluate, disclose, and avoid or reduce the potentially adverse environmental consequences of their actions. In addition, CEQA ensures that agencies consider and respond to public and agency comments on these... |
2018 |