Brian Sawers RACE AND PROPERTY AFTER THE CIVIL WAR: CREATING THE RIGHT TO EXCLUDE 87 Mississippi Law Journal 703 (2018) L1-2Introduction . L3703 I. Reconstruction and Its Context. 708 A. Property in Land. 708 B. Property in Persons. 712 C. Reconstruction. 718 II. The Planter and the Freedman. 723 A. The Planter's Problem. 724 B. From Slavery to Sharecropping. 728 III. Legal Change. 732 A. Regulating Labor. 733 1. Direct Labor Regulation. 734 2. Labor Regulation by... 2018
Diamond Smith RENTING DIVERSITY: AIRBNB AS THE MODERN FORM OF HOUSING DISCRIMINATION 67 DePaul Law Review 581 (Spring, 2018) Who and what determines a neighborhood's worth? What does it mean to be an up-and-coming neighborhood? An influx of new houses, businesses, and people into a given neighborhood contributes to gentrification. New businesses often attract individuals without familial or historical ties to the neighborhood. Particularly in Chicago, up-and-coming... 2018
Jan Kuklík RESTITUTION OF JEWISH PROPERTY IN THE CZECH REPUBLIC 41 Loyola of Los Angeles International and Comparative Law Review 583 (Winter 2018) Restitution of the property confiscated during the communist regime was debated in Czechoslovakia almost immediately after the so-called Velvet Revolution of 1989. The period of transition from the authoritarian communist regime into a democratic system started with discussions about adequate policies to be implemented as not many patterns to... 2018
Rigel C. Oliveri SEXUAL HARASSMENT OF LOW-INCOME WOMEN IN HOUSING: PILOT STUDY RESULTS 83 Missouri Law Review 597 (Summer, 2018) I. Background. 600 A. Development of Sexual Harassment Doctrine. 600 1. Sexual Harassment Under Title VII. 600 2. Sexual Harassment and the Fair Housing Act. 603 B. What We Know About Sexual Harassment in Housing. 608 1. Official Statistics and Early Studies. 609 2. Recent Studies. 611 II. The Pilot Study. 613 A. Purpose and Methodology. 613 B.... 2018
Emeka Duruigbo SMALL TRACT OWNERS AND SHALE GAS DRILLING IN TEXAS: SANCTITY OF PROPERTY, HOLDOUT POWER OR COMPULSORY POOLING? 70 Baylor Law Review 527 (Spring, 2018) In some sense, oil and gas law in Texas simultaneously strips small mineral owners of their property freedom while affording protection from uncompensated drainage. In another sense, owners of small mineral interests are left at the mercy of oil and gas producers who can drain their resources without compensation. This article proposes the... 2018
Iris J. Lav and Michael Leachman STATE LIMITS ON PROPERTY TAXES HAMSTRING LOCAL SERVICES AND SHOULD BE RELAXED OR REPEALED 28-OCT Journal of Multistate Taxation and Incentives 20 (October, 2018) Michigan, Massachusetts, Oregon, and New York reveal range of problems with limits. Beginning in the 1970s, many states adopted new limits that sharply reduced funding for education and other important services by capping property taxes. The time has come for states to reconsider these harsh limits, which have put severe pressure over time on local... 2018
Iris J. Lav and Michael Leachman STATE LIMITS ON PROPERTY TAXES HAMSTRING LOCAL SERVICES AND SHOULD BE RELAXED OR REPEALED 46 Real Estate Taxation 13 (Fourth Quarter, 2018) Michigan, Massachusetts, Oregon, and New York reveal range of problems with limits. Beginning in the 1970s, many states adopted new limits that sharply reduced funding for education and other important services by capping property taxes. The time has come for states to reconsider these harsh limits, which have put severe pressure overtime on local... 2018
David A. Logan STILL STANDING AFTER ALL THESE YEARS: FIVE DECADES OF LITIGATION UNDER THE FAIR HOUSING ACT AND THE SUPREME COURT STILL CAN'T SAY FOR SURE WHO IS PROTECTED 23 Roger Williams University Law Review 169 (Winter, 2018) The 1960s was one of the most turbulent decades in modern American history, marred by assassinations, widespread civil unrest, and a highly divisive war in Vietnam. But it was also a decade of important legislative accomplishments, including a stronger safety net for the poor, protection of the environment, and bans on discrimination in voting and... 2018
Andrea J. Boyack SUSTAINABLE AFFORDABLE HOUSING 50 Arizona State Law Journal 455 (Summer, 2018) Sustainable real estate development is an essential component of intergenerational justice, in part because the real estate sector creates more than 20% of the world's carbon emissions. Governments, recognizing that environmentally sustainable real estate development involves higher upfront costs, have encouraged green building by offering publicly... 2018
Shelby D. Green TESTING FANNIE MAE'S AND FREDDIE MAC'S POST-CRISIS SELF-PRESERVATION POLICIES UNDER THE FAIR HOUSING ACT 66 Cleveland State Law Review 477 (2018) Beginning in the 1930s, the federal government adopted programs and policies toward safe and decent housing for all. The initiatives included the creation of the Federal Housing Administration that, among other things, spurred mortgage lending by guaranteeing mortgage loans to low- and moderate-income borrowers. The creation of the secondary... 2018
Kristen L. Nelson THE BIGGEST (STOLEN) HOUSE ON THE (EASTERN) BLOC: LESSONS FROM THE TEREZIN DECLARATION TO POLAND FOR ENACTING HOLOCAUST PROPERTY RESTITUTION LEGISLATION 41 Loyola of Los Angeles International and Comparative Law Review 701 (Winter 2018) Nearly seventy-five years after World War II, much of the property stolen or lost as a result of the war still remains in the hands of the undeserving. Immense looting of property during the war went hand in hand with the genocide of Jews and other targeted groups--the Roma people, political dissidents, and Jehovah's witnesses, among others. These... 2018
Brian G. Gilmore , Hannah D. Adams THE CASE FOR A REPARATIONS CLINIC: A PROPOSAL FOR INVESTIGATION, DOCUMENTATION, AND REMEDIATION OF HISTORIC HOUSING DISCRIMINATION THROUGH THE LAW SCHOOL CLINIC MODEL 2018 Michigan State Law Review 1309 (2018) This Article will provide a blueprint for the creation of a law school based, or associated, clinic dedicated to addressing wealth and inequality issues created by the nation's racial caste system. Much of the focus shall be on reparations for discriminatory conduct in the housing market, but the Article shall also focus upon reparations in general... 2018
Paul A. Diller, Edward J. Sullivan THE CHALLENGE OF HOUSING AFFORDABILITY IN OREGON: FACTS, TOOLS, AND OUTCOMES 27 Journal of Affordable Housing & Community Development Law 183 (2018) Introduction. 184 I. The Federal Role in Housing. 186 A. Housing Finance. 187 1. New Deal to the Bubble. 187 2. The Bubble Burst. 190 3. Federal Efforts to Combat Mortgage Discrimination. 191 B. Public Housing and Federal Assistance for Rental Housing. 192 1. Public Housing. 193 2. Tenant-based Vouchers--Section 8. 195 3. Project-based Vouchers... 2018
Stephen R. Miller, J.D., M.C.P., Editor-in-Chief The Fair Housing Act Turns 50 Years Old – Part 1: A Legal Retrospective From the Public & Affordable Housing World 47 No. 2 Real Estate Review Journal 2 (Summer 2018) Lisa L. Walker is CEO and General Counsel of the Housing and Development Law Institute (HDLI). Since 1984, HDLI has been a legal think tank in the public and affordable housing industry devoted to the legal issues facing the industry. Ms. Walker has been consulting and practicing law in the fair housing area for more than 25 years, and is a... 2018
Tim Iglesias THE FIGHT FOR FAIR HOUSING: CAUSES, CONSEQUENCES AND FUTURE IMPLICATIONS OF THE 1968 FEDERAL FAIR HOUSING ACT ROUTLEDGE 2018 EDITED BY GREGORY D. SQUIRES 27 Journal of Affordable Housing & Community Development Law 1 (2018) The places where we spend our time affect the people we are and can become. These places have an impact on our sense of self, our sense of safety, the kind of work we get, the ways we interact with other people, even our ability to function as citizens in a democracy. Tony Hiss, The Experience of Place (1990), p. xi. On the occasion of the 50th... 2018
José E. Alvarez THE HUMAN RIGHT OF PROPERTY 72 University of Miami Law Review 580 (Spring, 2018) Despite the absence of a comprehensive global pact on the subject, the human right to property protection--a right of property but only rarely to specific property--exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War's omission of property rights in the... 2018
Tara Carone THE WEALTH GAP: THROUGH THE LENS OF GOVERNMENTAL POLICIES AND RACIAL INEQUALITY IN HOUSING 24 Public Interest Law Reporter 51 (Fall, 2018) The median net worth of white households by 2010 had grown to $110,729, whereas the same figure for black households had grown to $4,955--4.4% of the net worth of whites. The wealth gap is just one of many statistics that show a nation still deeply divided by racial lines. To face this divide, we need to address the questions of why the wealth gap... 2018
Isaac Saidel-Goley , Joseph William Singer THINGS INVISIBLE TO SEE: STATE ACTION & PRIVATE PROPERTY 5 Texas A&M Law Review 439 (Spring, 2018) This Article revisits the state action doctrine, a judicial invention that shields private or non-governmental discrimination from constitutional scrutiny. Traditionally, this doctrine has applied to discrimination even in places of public accommodation, like restaurants, hotels, and grocery stores. Born of overt racial discrimination, the... 2018
Maia Hutt THIS HOUSE IS NOT YOUR HOME: LITIGATING LANDLORD REJECTIONS OF HOUSING CHOICE VOUCHERS UNDER THE FAIR HOUSING ACT 51 Columbia Journal of Law and Social Problems 391 (Spring, 2018) Over 2.2 million low-income households participate in the federal Housing Choice Voucher (HCV) program. Voucher holders, who are disproportionately people of color and individuals with disabilities, are frequently discriminated against or denied housing by landlords. This Note argues that prospective tenants who are rejected by landlords for... 2018
Tim Iglesias THREADING THE NEEDLE OF FAIR HOUSING LAW IN A GENTRIFYING CITY WITH A LEGACY OF DISCRIMINATION 27 Journal of Affordable Housing & Community Development Law 51 (2018) This essay tells the story of an extended and complex conflict between San Francisco and HUD and the creative solution that emerged from their negotiations. The conflict concerned the application of a community preference to a proposed senior housing development that would be located in a traditional African American neighborhood in San Francisco... 2018
Jamie Langowski , William L. Berman , Regina Holloway , Cameron McGinn TRANSCENDING PREJUDICE: GENDER IDENTITY AND EXPRESSION-BASED DISCRIMINATION IN THE METRO BOSTON RENTAL HOUSING MARKET 29 Yale Journal of Law & Feminism 321 (2018) Abstract: Surveys of transgender people reveal high levels of discrimination in housing. Surveys are helpful; however, in the housing context discriminatory actions are often subtle and occur without a person's knowledge. Very little empirical evidence in the form of statistic measures of discrimination exists regarding the actual level of gender... 2018
George D. Ruttinger WASHINGTON LAWYERS' COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS: A REPORT ON THE COMMITTEE'S FAIR HOUSING PROJECT, 1984-2017 62 Howard Law Journal 51 (Fall, 2018) INTRODUCTION. 51 I. CASE HISTORY. 53 A. Discriminatory Advertising. 54 B. Race and National Origin Discrimination. 55 C. Harassment. 57 1. Racial. 57 2. Gender. 57 D. Familial Status Discrimination. 58 E. Lending Discrimination. 60 F. Redlining. 61 G. Disability Discrimination. 64 H. Source of Income Discrimination. 67 II. AMICUS BRIEFS. 68 III.... 2018
Peter Vincent WEATHERING THE "PERFECT STORM:" WELCOMING REFUGEES WHILE PROTECTING THE UNITED STATES AT HOME AND ABROAD 57 Virginia Journal of International Law 383 (Spring, 2018) It is both an immense privilege and a daunting challenge to address the current prospects of the United States' continued indispensable role in the liberal international order as a global leader in security, economic, and political matters. Given that many national leaders claim that our country is in a state of dire peril, you would be forgiven... 2018
Kara Brodfuehrer, Renee Williams WHEN OPPORTUNITY KNOCKS: WORKING WITH STATE HOUSING AGENCIES TO PROMOTE DESEGREGATION WITHIN THE LIHTC PROGRAM 27 Journal of Affordable Housing & Community Development Law 67 (2018) In June 2015, housing advocates across the country breathed a sigh of relief when the U.S. Supreme Court issued its decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. Justice Kennedy, writing for the majority in a 5-4 decision, affirmed that disparate impact claims are cognizable under the Fair Housing... 2018
Dave Fagundes WHY LESS PROPERTY IS MORE: INCLUSION, DISPOSSESSION, & SUBJECTIVE WELL-BEING 103 Iowa Law Review 1361 (May, 2018) ABSTRACT: The twin notions of exclusion and possession dominate our cultural and legal conceptions of property. This Article uses the lens of hedonics--the emergent science of happiness--to make a case for the less appreciated notions of inclusion and dispossession. Evidence from this new field shows that owners maximize their welfare, not when... 2018
Steven J. Eagle "AFFORDABLE HOUSING" AS METAPHOR 44 Fordham Urban Law Journal 301 (May, 2017) This Article examines the varying and often-conflicting meanings and goals ascribed to the term affordable housing. It asserts that the term often serves as a metaphor; it obscures rather than clarifies, and contributes to the intractability of problems pertaining to housing from any perspective. The Article further asserts that attempts to deal... 2017
Palma Joy Strand "MIRROR, MIRROR, ON THE WALL .": REFLECTIONS ON FAIRNESS AND HOUSING IN THE OMAHA-COUNCIL BLUFFS REGION 50 Creighton Law Review 183 (March, 2017) It wasn't African Americans moving in that caused housing values to go down in . neighborhoods, it was whites leaving. -Race: The Power of an Illusion In some cities, kids living just blocks apart lead incredibly different lives. They go to different schools, play in different parks, shop in different stores, and walk down different streets. And... 2017
Hensleigh Crowell A HOME OF ONE'S OWN: THE FIGHT AGAINST ILLEGAL HOUSING DISCRIMINATION BASED ON CRIMINAL CONVICTIONS, AND THOSE WHO ARE STILL LEFT BEHIND 95 Texas Law Review 1103 (April, 2017) The ache for home lives in all of us, the safe place where we can go as we are and not be questioned. --Maya Angelou Housing discrimination against men and women with criminal records is ubiquitous in American society. Considering America imprisons more of its population than any country in the world, the effects of this discrimination are... 2017
Eric Vanderhoef A HOUSE BUILT ON SHIFTING SANDS: STANDING UNDER THE FAIR HOUSING ACT AFTER THOMPSON v. NORTH AMERICAN STAINLESS 12 Duke Journal of Constitutional Law & Public Policy Sidebar 83 (February 9, 2017) The central purpose of the Fair Housing Act, according to the Supreme Court, is to eradicate discriminatory practices in the housing sector. The statute enables suit from an aggrieved person. For decades, this meant that a suit could be brought by any plaintiff that claimed to have met the constitutional standing requirements, namely,... 2017
Tim Iglesias A NOVEL TOOL FOR TEACHING PROPERTY: STARTING WITH THE QUESTIONS 20 Chapman Law Review 321 (Spring, 2017) Gertrude Stein asked, What is the answer? . and when no answer came she laughed and said: Then, what is the question? Generally, property law is taught, along with torts and contracts, as a first-year foundational course introducing students to the common law. While property law consists of legal doctrines, rules, policy justifications, and... 2017
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