Kayleigh B. Long THE EVOLVING LANDSCAPE OF HOUSING SEX DISCRIMINATION CLAIMS 47 Michigan Real Property Review 19 (Spring & Summer, 2020) On April 11, 1968, the U.S. Congress enacted the Fair Housing Act (the FHA) in order to provide for fair housing throughout the country and prohibit discrimination in the sale, rental and financing of housing. However, the FHA, as originally enacted, only prohibited discrimination based on an individual's race, color, religion or national origin.... 2020
Kyle Giller THE FIGHT FOR NYCHA: RAD AND THE EROSION OF PUBLIC HOUSING IN NEW YORK 23 CUNY Law Review 283 (Summer, 2020) Introduction. 284 I. The History of NYCHA. 288 A. Origins of NYCHA: The Movement for Public Housing in 19 Century New York and London. 288 B. The Creation of NYCHA and Early Developments. 293 1. Political Will for Construction in the 1930s. 295 2. The Fiscal Crisis of the Mid-1970s, the End of Public Housing Construction, and the Ideology of... 2020
Lateef Mtima THE IDEA EXCLUSIONS IN INTELLECTUAL PROPERTY LAW 28 Texas Intellectual Property Law Journal 343 (2020) In such cases we are rather concerned with the line between expression and what is expressed . Nobody has ever been able to fix that boundary, and nobody ever can.--Judge Learned Hand Don't look at me - I'm just the idea guy.--Chidi Anagonye, The Good Place C1-2Table of Contents Introduction. 344 The Idea Exclusions: Promoting IP Social Utility... 2020
Sahar Segal THE INTERNATIONAL HUMAN RIGHT TO ADEQUATE HOUSING: AN ECONOMIC APPROACH 20 Chicago Journal of International Law 486 (Winter, 2020) International law recognizes a right to adequate housing. Affordability is one component of this right, and it is increasingly unrealized in highly concentrated cities in advanced economies. The prevailing approach to the right to adequate housing is the human rights approach, which favors government involvement in the market to reduce housing... 2020
Ashley De La Garza THE NEVER-ENDING GRASP OF THE PRISON WALLS: BANNING THE BOX ON HOUSING APPLICATIONS 22 Scholar: St. Mary's Law Review on Race and Social Justice 409 (2020) We want all Americans to have a fair chance to live up to their full potential to engage with their families and communities, and to reach for a bright future that is not defined by their past mistakes. --Federal Interagency Reentry Counsel Introduction. 411 I. Background: Mass Incarceration. 415 II. Why are the Previously Incarcerated Excluded?.... 2020
Kristen Barnes THE PIECES OF HOUSING INTEGRATION 70 Case Western Reserve Law Review 717 (Spring, 2020) C1-2Contents Introduction: The Pieces of Housing Integration. 717 I. Structure and Approach. 718 II. Structural Discrimination and Structural Segregation. 719 III. Troubling Issues with Respect to Local Government, Developers, and Courts. 720 A. Texas Department of Housing and Community Affairs v. Inclusive Communities (2015). 720 1. Referencing... 2020
Kimberly Ferrari THE STATE OF DISPARATE IMPACT UNDER THE FAIR HOUSING ACT: INTERPRETING ROBUST CAUSALITY AFTER INCLUSIVE COMMUNITIES 29 Journal of Affordable Housing & Community Development Law 327 (2020) C1-3Table of Contents I. Introduction. 327 II. Historical Background. 330 A. Housing Discrimination and Segregation Pre-FHA. 331 B. Passing the FHA. 335 C. After the FHA. 335 D. The Inclusive Communities Decision. 337 1. Results-Oriented Language of the FHA. 337 2. 1988 Amendments to the FHA. 339 3. Statutory Purpose of the FHA and Robust... 2020
Shivangi Bhatia TO "OTHERWISE MAKE UNAVAILABLE": TENANT SCREENING COMPANIES' LIABILITY UNDER THE FAIR HOUSING ACT'S DISPARATE IMPACT THEORY 88 Fordham Law Review 2551 (May, 2020) Tenant screening companies present information to housing providers on prospective tenants' criminal and eviction histories in the form of background screening reports. These screening reports disproportionately impact racial and gender minorities. Two opposing views exist on whether courts should interpret the Fair Housing Act to cover the... 2020
Sarah C. Pricer WHEN HOME IS A LIVING HELL: VULNERABLE WOMEN AND SEXUAL HARASSMENT IN HOUSING 6 Texas A&M Journal of Property Law 115 (2020) Low-income women experience a nightmarish victimization when they are sexually harassed by landlords in their homes, homes many are desperate to keep. The staggering lack of data on this issue means laws and courts have been slow to address this phenomenon. Although courts have relied primarily on a Title VII employment-based sexual harassment... 2020
Jeffrey D. Jones WORKFORCE HOUSING AND HOUSING PREFERENCE POLICIES UNDER THE FAIR HOUSING ACT 24 Lewis & Clark Law Review 1413 (2020) The workforce housing movement grew out of two urgent realities. First, the lack of affordable housing near where workers are employed has a substantial impact on local economies and local business. Second, the lack of affordable housing near where workers live undermines the twin goals of inclusive communities and reversing historical patterns of... 2020
Pablo E. Zevallos "A STATEMENT ABOUT WHO DESERVES TO LIVE HERE": THE FAIR HOUSING ACT IMPLICATIONS OF HOUSING NEW YORK 52 Columbia Journal of Law and Social Problems 599 (Summer, 2019) New York City faces the twin problems of housing segregation and a shortage of affordable housing. In response, Mayor Bill de Blasio developed Housing New York, a plan to create or preserve 300,000 affordable units across a variety of income bands. As part of this plan, the City instituted inclusionary zoning policies and modified density caps in... 2019
Xiaoqian Hu "PUT THAT BUCKET DOWN!": MONEY, POLITICS, AND PROPERTY RIGHTS IN URBANIZING CHINA 44 Vermont Law Review 243 (Winter 2019) Introduction. 244 I. The Stasis of Legal Pluralism Studies. 249 II. China's Peri-Urban Situation. 255 A. Villager-Initiated Housing Development Is Against the Law. 258 B. Villager-Initiated Housing Development Is an Illegal Solution to a Law-Created Class Problem. 269 III. Illegal Housing Development in Peri-Urban Mountain County. 274 A. A Macro... 2019
Hannah Juricic A CRITIQUE OF DC'S APPROACH TO EVICTION PROCESS & AFFORDABLE HOUSING MEASURES 32 Georgetown Journal of Legal Ethics 685 (Fall, 2019) Apart from being a center for political change, the District of Columbia's ongoing housing crisis has inspired landmark cases, progressive legislative tactics, judicial activism, and creative funding campaigns. Despite decades of effort, the District still faces a chronic affordable housing shortage. Tenant advocates argue that the issue is... 2019
Justin P. Steil , Dan Traficonte A FLOOD--NOT A RIPPLE--OF HARM: PROXIMATE CAUSE UNDER THE FAIR HOUSING ACT 40 Cardozo Law Review 1237 (February, 2019) Over the past decade, several city governments across the country have filed suits against banks pursuant to the Fair Housing Act seeking redress for municipal damages caused by the banks' discriminatory lending practices. Following the ruling in Bank of America Corp. v. City of Miami, lower courts are now confronting the question of where to draw... 2019
Cydnee V. Bence A HOUSE IS NOT A HOME: LEARNING FROM OUR MISTAKES TO PREVENT UNEQUITABLE GENTRIFICATION ON A LOCAL LEVEL 44 Vermont Law Review 429 (Winter 2019) Introduction. 429 I. What Is Gentrification?. 431 A. Predicting Gentrification. 434 1. Characteristic In-Movers. 434 2. Transportation. 435 3. Endogenous Model. 436 4. Segregation. 438 5. Perceived and Actual Crime. 439 B. Major Housing Initiatives. 439 1. New Deal Legislation. 439 2. Section 235 and Section 236. 441 3. Section 8 and the Housing... 2019
Allison K. Bethel A NEW HOME FOR HATERS--ONLINE HOME SHARING PLATFORMS: A LOOK AT THE APPLICABILITY OF THE FAIR HOUSING ACT TO HOME SHARES 53 University of Richmond Law Review 903 (March, 2019) In 2018, we celebrated the fiftieth anniversary of the Fair Housing Act which outlawed discrimination in residential transactions. When the FHA was passed, the home search process was very different. Fifty years ago, most people searched for housing by viewing listings in newspapers and other printed publications or perhaps used a realtor. Today,... 2019
Stephanie M. Stern A SOCIAL NORM THEORY OF REGULATING HOUSING SPEECH UNDER THE FAIR HOUSING ACT 84 Missouri Law Review 435 (Spring, 2019) The Fair Housing Act's prohibition of discriminatory housing statements presents a puzzle. This provision regulates housing speech, such as advertisements and notices, more robustly than acts of housing discrimination (e.g., discriminatory refusals to rent or sell). It extends liability regardless of intent and, unlike other provisions in the Fair... 2019
Emily Bergeron ADEQUATE HOUSING IS A HUMAN RIGHT 44 Human Rights 1 (2019) In the early seventeenth century, Thomas Benton built a pigsty. It was so close to his neighbor's house that the odor of the swine made the home unbearable, stopping . wholesome air. Benton's neighbor, William Aldred, claimed that the stench was enough to deprive him of his property and personal dignity and was, therefore, a violation of his... 2019
Frank Griffin, M.D., J.D. ADMINISTERING HOUSING LAW AS HEALTH CARE: ATTORNEYS AS HEALTHCARE PROVIDERS 71 South Carolina Law Review 349 (Winter 2019) I. Introduction. 350 II. Failure to Include Housing in Healthcare Treatment Planning Affects Outcomes, Overall Costs, and Hospital and Health System Finances. 352 A. Inadequate Housing and Poor Health Outcomes. 352 B. Failure to Address Housing Needs and Associated Healthcare System Costs. 358 III. Attorneys Serving as Healthcare Professionals to... 2019
Renee M. Williams AFFIRMATIVELY FURTHER FAIR HOUSING: CALIFORNIA'S RESPONSE TO A CHANGING FEDERAL LANDSCAPE 28 Journal of Affordable Housing & Community Development Law 387 (2019) The Duty to Affirmatively Further Fair Housing. 388 HUD's 2015 Regulation and Subsequent Roll-Back. 390 Assembly Bill 686: California's Response. 392 California's General AFFH Obligation. 393 Fair Housing Planning Through the Housing Element. 394 What All of This Means. 396 2019
Desiree C. Hensley AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE DEEP SOUTH: OBAMA'S AFFH RULE WON'T MAKE RURAL AMERICA LESS SEGREGATED 26 Virginia Journal of Social Policy and the Law 92 (Summer, 2019) Introduction. 93 I. The Duty to Affirmatively Further Fair Housing. 100 II. Lack of HUD Oversight in Small Towns and Rural Areas Encourages Residential Segregation to Persist. 101 III. People in the Deep South Are Still Plagued by the Failure of Small Towns and Rural Areas to Affirmatively Further Fair Housing. 104 A. Batesville, Mississippi: An... 2019
Michael Diamond AFFORDABLE HOUSING: OF INEFFICIENCY, MARKET DISTORTION, AND GOVERNMENT FAILURE 53 University of Richmond Law Review 979 (March, 2019) In this essay, I examine the types of costs that are imposed on society as a whole due to the absence of a sufficient number of decent housing units that are affordable to the low-income population. These costs present themselves in relation to health care, education, employment, productivity, homelessness, and incarceration. Some of the costs are... 2019
Jonathan Schnader ALEXA, ARE YOU A FOREIGN AGENT? CONFRONTING THE RISK OF FOREIGN INTELLIGENCE EXPLOITATION OF PRIVATE HOME NETWORKS, HOME ASSISTANTS, AND CONNECTIVITY IN THE SECURITY CLEARANCE PROCESS 25 Richmond Journal of Law and Technology 3 (Spring, 2019) Virtually all facets of the home can be remotely controlled over the Internet of Things [IoT]; a Nest brand thermostat controls your furnace and air conditioning, adjusting based on schedules set by the user, or automatically shutting off when you leave the house. Smart light fixtures turn on or off, or dim, in accordance with your wishes.... 2019
Kandis Sargeant ALTERNATIVE DISPUTE RESOLUTION IN SHORT TERM RENTAL ACCOMMODATIONS: IS BINDING ARBITRATION APPROPRIATE IN THE SHARING ECONOMY FOR RACIAL DISCRIMINATION CASES? 34 Ohio State Journal on Dispute Resolution 575 (2019) I. Introduction A. A More In-Depth Look at Airbnb's Current Terms of Service and Its New Non-Discrimination Policy 1. What Airbnb Has Done Specifically to Combat Any Racial Discrimination That May Be Taking Place Amongst Guests and Hosts in Their Application B. What Is the Sharing Economy? C. Arbitration: Striking the Right Balance Between... 2019
Paula A. Franzese AN INFLECTION POINT FOR AFFORDABLE HOUSING: THE PROMISE OF INCLUSIONARY MIXED-USE REDEVELOPMENT 52 UIC John Marshall Law Review 581 (Spring, 2019) I. Introduction. 581 II. Part I: Economic Exclusion in Housing. 583 III. Part II: New Jersey's Pioneering Social Experiment: Mount Laurel. 587 IV. Part III: The Rise of Mixed-Use Redevelopment and the Promise of Inclusion. 594 V. Conclusion. 600 2019
Henry Rose ARLINGTON HEIGHTS WON IN THE SUPREME COURT BUT THE FAIR HOUSING ACT'S GOAL OF PROMOTING RACIAL INTEGRATION SAVED THE LOW-INCOME HOUSING 35 Touro Law Review 791 (2019) In the early 1970s, a developer sought a zoning change to a parcel of land in Arlington Heights, Illinois that would allow for the construction of low-income housing. Arlington Heights denied the zoning change and the developer sued Arlington Heights arguing that this denial violated both equal protection under the Fourteenth Amendment of the... 2019
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
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