Ashley Gorfido , Cleveland-Marshall College of Law, J.D. 2021 HOMELESS AND HELPLESS: HOW THE UNITED STATES HAS FAILED THOSE WITH SEVERE AND PERSISTENT MENTAL ILLNESS 34 Journal of Law and Health 107 (11/30/2020) I. Introduction 108 II. Background 111 A. The History of State Hospital Care 111 B. A Shift into the Community 113 C. The Role of Social Security 116 D. Modern Homelessness 116 E. Society's Understanding of Homelessness and Mental Illness 117 III. Analysis 121 A. Lack of Effective Treatment 122 i. Solutions 123 B. SSDI and SSI 123 i. Solutions 125... 2020
Faith Meixell HOUSING FOR THE PEOPLE: A TENANT OPPORTUNITY TO PURCHASE ACT FOR NEW YORK CITY 48 Fordham Urban Law Journal 255 (December, 2020) Introduction. 256 I. New York City's Affordable Housing Crisis. 263 A. What the Problem Looks Like. 263 B. Beyond Supply and Demand: Why Rents Are Too High. 265 C. Recent Changes to New York State's Rent Laws and Regulation. 267 D. Projected Impacts of Rent Reform and COVID-19. 269 E. What We Have Already Tried: Traditional Affordable Housing... 2020
Professor Henry Rose HOW THE TRUMP ADMINISTRATION'S PLAN TO LIMIT DISPARATE IMPACT LIABILITY WOULD UNDERMINE THE FAIR HOUSING ACT'S GOAL OF PROMOTING RESIDENTIAL INTEGRATION 48 Real Estate Law Journal 402 (Spring, 2020) The federal Fair Housing Act (FHA) is unique among civil rights laws. Like other federal civil rights laws it seeks to prevent discrimination by expressly protecting persons or groups from housing discrimination due to their race, color, religion, sex, familial status, national origin or handicap. But the FHA also has a broader, implicit goal to... 2020
Christopher Hawthorne , Marisa Sacks IN RE COOK AND THE FRANKLIN PROCEEDING: NEW DOOR, SAME DILAPIDATED HOUSE 53 Loyola of Los Angeles Law Review 373 (Winter, 2020) The California Supreme Court's decision in In re Cook was supposed to bring about a sea change in the way trial courts conduct Franklin mitigation hearings for youthful offenders. In fact, while Cook changed the procedure for initiating a post-conviction Franklin proceeding, little else has changed, including the lack of agreement among attorneys... 2020
David J. Rodwin INDEPENDENT CONTRACTOR MISCLASSIFICATION IS MAKING EVERYTHING WORSE: THE EXPERIENCE OF HOME CARE WORKERS IN MARYLAND 14 Saint Louis University Journal of Health Law & Policy 47 (2020) The COVID-19 pandemic has exposed and magnified existing problems in the American health care system. One of these problems--existing at the intersections of race, age, disability, class, power, poverty, and health--is the widespread misclassification of home care workers as independent contractors Home care workers, who are predominantly women and... 2020
Lateef Mtima IP SOCIAL JUSTICE THEORY: ACCESS, INCLUSION, AND EMPOWERMENT 55 Gonzaga Law Review 401 (2019/2020) C1-3Table of Contents I. Introduction. 402 II. The Law and Policy Pre-History of Intellectual Property Social Justice. 403 A. Judicial Social Balancing of IP Stakeholder Interests to Promote the Progress of the Arts and Sciences. 403 B. Countervailing Forces: The Commodification of IP Law. 405 C. Challenging the Status Quo: The Advent of... 2020
Paul Finkelman JOHN MARSHALL'S PROSLAVERY JURISPRUDENCE: RACISM, PROPERTY, AND THE "GREAT" CHIEF JUSTICE 8/31/2020 University of Chicago Law Review Online 13 (August 31, 2020) In Part I of this essay I explored Chief Justice John Marshall's personal and political commitment to slavery, as a lifelong buyer and seller of human beings, and his deep hostility to the presence of free blacks in America. Here I examine Marshall's jurisprudence involving freedom suits and, to a lesser extent, his decisions involving the African... 2020
  KEEPING CURRENT--PROPERTY 34-APR Probate and Property 18 (March/April, 2020) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. DEEDS: Action to set aside forged deed is not subject to statute of limitations. In a 2002 sale of real property, Hancock (seller) and Kulana Partners (buyer) agreed to... 2020
Susan Saab Fortney KEEPING LAWYERS' HOUSES CLEAN: GLOBAL INNOVATIONS TO ADVANCE PUBLIC PROTECTION AND THE INTEGRITY OF THE LEGAL PROFESSION 33 Georgetown Journal of Legal Ethics 891 (Fall, 2020) Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive... 2020
Julia Hernandez LAWYERING CLOSE TO HOME 27 Clinical Law Review 131 (Fall, 2020) This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... 2020
Brendan Williams LEFT FOR DEAD: NURSING HOME CARE AMIDST THE COVID-19 PANDEMIC 24 Quinnipiac Health Law Journal 29 (2020) C1-2Table of Contents I. Introduction. 31 II. A Challenged Care Sector. 33 A. Funding. 33 B. Resident Demographics. 34 C. Regulation of Care. 35 D. International Response. 37 E. The Response in the United States. 38 III. Concluding Recommendations. 62 2020
Coty Montag LIEN IN: CHALLENGING MUNICIPALITIES' DISCRIMINATORY WATER PRACTICES UNDER THE FAIR HOUSING ACT 55 Harvard Civil Rights-Civil Liberties Law Review 199 (Winter, 2020) Our nation's failing infrastructure and cities' financial woes have led to a dramatic rise in the cost of water across the United States. Many families are unable to pay these higher bills and face disproportionately harsh consequences as a result. While laws vary by jurisdiction, some municipalities place liens on homes for unpaid water debt. Once... 2020
Valerie Schneider LOCKED OUT BY BIG DATA: HOW BIG DATA, ALGORITHMS AND MACHINE LEARNING MAY UNDERMINE HOUSING JUSTICE 52 Columbia Human Rights Law Review 251 (Fall, 2020) As housing-related decisions are increasingly being made by algorithms instead of individuals, it is critical that the technologies used to make those decisions do not replicate or even worsen patterns of discrimination and segregation. While it may be convenient to believe that bias can be eliminated by putting decision-making authority in the... 2020
Susan D. Bennett MAKING THE SECOND PANDEMIC: THE EVICTION TSUNAMI, SMALL LANDLORDS, AND THE PRESERVATION OF "NATURALLY OCCURRING" AFFORDABLE HOUSING 29 Journal of Affordable Housing & Community Development Law 157 (2020) I. Introduction. 158 II. The World We Know So Little About: Small-Scale Rental Property Owners and the Housing They Provide. 160 A. Why a Look at Small Landlords and Small Buildings. 160 B. Who Are the Small Landlords?. 161 III. The Housing Crisis Before the Housing Crisis: The Predicate to Precarity. 166 A. Affordable and Available: The... 2020
Kezia Scales, PhD MEETING THE INTEGRATION MANDATE: THE IMPLICATIONS OF OLMSTEAD FOR THE HOME CARE WORKFORCE 27 Georgetown Journal on Poverty Law and Policy 261 (Winter, 2020) In the 1999 ruling on Olmstead v. L.C. ex rel. Zimring, the Supreme Court upheld the right of all individuals to live independently in their own homes and communities and placed an explicit obligation on states to provide the supports and services that are required to fulfill that right. Progress toward fulfilling Olmstead has been hindered,... 2020
Braedon Sims, Jordan Carr Peterson NO VACANCY OR OPEN FOR BUSINESS? MAKING ACCOMMODATIONS FOR DIGITAL PLATFORM SHORT-TERM RENTALS IN MAJOR AMERICAN MUNICIPALITIES 43 University of Hawaii Law Review 123 (Winter 2020) Technological development encourages changes in the law if new technology sufficiently reorders organizational or individual practices such that citizens, businesses, and governments encounter a new social or economic reality as a result of technological change. Internet platform companies create particular dilemmas for public officials who must... 2020
  NYC PROPERTY TAX SYSTEM UPHELD 26 CITYLAW 12 (2020) An Organization challenged New York City's property tax system as unfair, unconstitutional and discriminatory. Tax Equity Now NY LLC, an association of property owners and renters, filed a lawsuit challenging the New York City property tax system. The owners and renters alleged that the City's property tax system was unfair and results in racial... 2020
Annelise Bertrand PROXY WAR: THE ROLE OF RECENT CEQA EXEMPTIONS IN FIXING CALIFORNIA'S HOUSING CRISIS 53 Columbia Journal of Law and Social Problems 413 (Spring, 2020) As California's housing crisis continues to balloon, legislators are scrambling to identify its root causes and fashion fixes. One major challenge to the state's housing fix is its existing fix for a different issue: environmental protection. The California Environmental Quality Act (CEQA) is one of the strongest state-level environmental statutes... 2020
Connor Blancato QAP OUT: WHY THE FEDERAL GOVERNMENT SHOULD REQUIRE MORE FROM HOW STATES ALLOCATE LOW-INCOME HOUSING TAX CREDITS 28 Journal of Law & Policy 639 (2020) Prohibitively high land acquisition and construction costs block affordable housing developers from using the Low-Income Housing Tax Credit program in high opportunity areas. Policymakers must study the history of housing policy in the United States and realize that the LIHTC program works because it suitably balances previously problematic... 2020
Jamie Langowski, William Berman, Grace Brittan, Catherine LaRaia, Jee-Yeon Lehmann, Judson Woods QUALIFIED RENTERS NEED NOT APPLY: RACE AND HOUSING VOUCHER DISCRIMINATION IN THE METROPOLITAN BOSTON RENTAL HOUSING MARKET 28 Georgetown Journal on Poverty Law and Policy 35 (Fall, 2020) Black, Indigenous, and People of Color have long had to navigate the barriers of racist laws, policies, and actions in housing. Housing discrimination perpetuates segregation and contributes to maintaining the status quo of disparities with respect to health inequities as well as income, wealth, and opportunity gaps. The COVID-19 pandemic has put... 2020
Nathan Tauger RACIAL SEGREGATION IN WEST VIRGINIA HOUSING, 1929-1971 123 West Virginia Law Review 171 (Fall, 2020) I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... 2020
Sarah Miller RECONCEPTUALIZING PUBLIC HOUSING: NOT AS A POLICED SITE OF CONTROL, BUT AS A SYSTEM OF SUPPORT 28 Georgetown Journal on Poverty Law and Policy 95 (Fall, 2020) America's system of mass incarceration is the product of the over-policing of low-income people of color, often for minor offenses. A critical site of entrenched policing takes place in the public housing context. Public housing residents live under a system of surveillance in which they are constantly monitored and policed. Harsh federal public... 2020
Robert G. Schwemm REFLECTIONS ON MOVING TOWARD INTEGRATION AND MODERN EXCLUSIONARY-ZONING CASES UNDER THE FAIR HOUSING ACT 70 Case Western Reserve Law Review 691 (Spring, 2020) C1-2Contents Introduction. 691 I. Reflections on Moving Toward Integration. 691 II. Reflections on Modern Exclusionary-Zoning Cases. 698 A. Background: The Book's Strategy #12 and an Overview of Relevant FHA Law. 698 B. Post-Inclusive Communities Commentary and Cases. 701 C. The Trump Administration's Attack on Fair Housing and Exclusionary-Zoning... 2020
Cheryl I. Harris REFLECTIONS ON WHITENESS AS PROPERTY 134 Harvard Law Review Forum 1 (August, 2020) Chattel (Black) is the fusion of race and property--embodied as always essential and forever disposable. Hard time. 8 minutes and 46 seconds is an eternity. Centuries without a breath. Home is not a haven. You can be shot eight times in your home, in your bed. Before anything. Before you can breathe. A walk in the pandemic. Dappling sunlight... 2020
Daniel Chapple RELIEF FOR THOSE WHO NEED IT LEAST: HOW CONN. GEN. STAT. § 8-30G'S MORATORIUM PROVISION REWARDS TOWNS FOR MAKING INADEQUATE STRIDES IN ADDRESSING HOUSING SEGREGATION IN CONNECTICUT AND OFFERS LESSONS FOR THE NATION 29 Journal of Affordable Housing & Community Development Law 299 (2020) I. Background of Conn. Gen. Stat. § 8-30g. 302 II. Cases Decided Prior to the Enactment of § 8-30g. 303 A. Builders Service Corp., Inc. v. Planning & Zoning Comm'n of Town of East Hampton. 303 B. New Jersey and New York Cases. 304 i. Mount Laurel Cases. 304 ii. Berenson v. Town of New Castle. 305 iii. Huntington Branch, NAACP v. Town of Huntington.... 2020
Marco Brydolf-Horwitz RISK, PROPERTY RIGHTS, AND ANTIDISCRIMINATION LAW IN RENTAL HOUSING: TOWARD A PROPERTY-IN-ACTION FRAMEWORK 45 Law and Social Inquiry 871 (November, 2020) Landlords' decisions significantly shape the housing outcomes of poor and stigmatized renters. Despite this important gatekeeping role, studies of antidiscrimination law have not thoroughly examined how private market actors respond to reform efforts or how private property rights potentially enable them to evade regulation. This study draws on... 2020
Katie Basalla SHORTENING THE LEASH: EMOTIONAL SUPPORT ANIMALS UNDER THE FAIR HOUSING ACT 89 University of Cincinnati Law Review 140 (2020) Congress Enacted Title VIII of The Civil Rights Act of 1968, otherwise known as the Fair Housing Act (FHA), to address the ongoing discrimination in America in the twentieth century. The FHA made it illegal to discriminate in renting or selling housing on the basis of race, color, religion, or national origin. While the goal of the FHA was to... 2020
Vincent Halloran SOLVING THE HOUSING CRISIS HALF-A-HOUSE AT A TIME: INCREMENTAL HOUSING AS A MEANS TO FULFILLING THE HUMAN RIGHT TO HOUSING 52 University of Miami Inter-American Law Review 95 (Winter/Spring, 2020) This student note will attempt to answer two broad questions: 1) Does Chile's incremental housing model fulfill an international human right to housing?; and 2) Can incremental housing be implemented in a U.S. jurisdiction? Incremental housing is a unique social housing model developed by Chilean architect Alejandro Aravena, which consists of... 2020
Robert G. Schwemm SOURCE-OF-INCOME DISCRIMINATION AND THE FAIR HOUSING ACT 70 Case Western Reserve Law Review 573 (Spring, 2020) Amending the federal Fair Housing Act (FHA) to ban source-of-income discrimination has been discussed for over twenty years. During this time, a growing number of states and localities (including many of the nation's largest cities) have taken this step by amending their fair housing laws to prohibit discrimination against Section 8 voucher... 2020
Danaya C. Wright THE DEMOGRAPHICS OF INTERGENERATIONAL TRANSMISSION OF WEALTH: AN EMPIRICAL STUDY OF TESTACY AND INTESTACY ON FAMILY PROPERTY 88 UMKC Law Review 665 (Spring, 2020) Everyone dies eventually, and the vast majority of us will die owning at least some property. Unless you are very adept at budgeting your every need, and give away during life whatever might be left over, you are unlikely to do as my father wants to do: spend his last five dollars on the margarita that will drop him in the grave. Thus, as we think... 2020
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