J. William Callison INCLUSIVE COMMUNITIES: GEOGRAPHIC DESEGREGATION, URBAN REVITALIZATION, AND DISPARATE IMPACT UNDER THE FAIR HOUSING ACT 25 Journal of Affordable Housing & Community Development Law 421 (2017) I. Introduction. 421 II. The Inclusive Communities Case. 424 III. Observations. 428 A. Robust Causality. 429 B. Protections for Defendants When the Burden Does Shift. 430 C. Limited Remedy. 431 1. Disparate Impact Also Limps When Applied as a Tool to Eliminate Consideration of Race. 432 2. Inclusive Communities May Change the Focus of Fair Housing... 2017
Joseph William Singer INDIAN TITLE: UNRAVELING THE RACIAL CONTEXT OF PROPERTY RIGHTS, OR HOW TO STOP ENGAGING IN CONQUEST 10 Albany Government Law Review 1 (2017) It has never been contended, that the Indian title amounted to nothing. Their right of possession has never been questioned. The claim of government extends to the complete ultimate title, charged with this right of possession, and to the exclusive power of acquiring that right. Johnson v. M'Intosh (1823) [The Indian] right of occupancy is... 2017
Eric R. Claeys LABOR, EXCLUSION, AND FLOURISHING IN PROPERTY LAW 95 North Carolina Law Review 413 (January, 2017) This Article presents a natural rights justification for property rights in a theory called productive labor theory. Productive labor theory sets forth a Lockean, labor-based case for property. It links property to human interests in flourishing--specifically in interests in using ownable resources to produce comtituent elements of survival or... 2017
Alison Tanner LIVE AND LEARN: USING THE FAIR HOUSING ACT TO ADVANCE EDUCATIONAL OPPORTUNITY FOR PARENTING STUDENTS 105 Georgetown Law Journal 1453 (June, 2017) C1-2Table of Contents Introduction. 1454 I. Housing for Student-Parents. 1456 a. the unmet housing needs of student-parents. 1457 b. the legal gap for student-parents. 1460 II. Applying the FHA to University-Provided Housing. 1461 a. the fha's prohibition on discrimination based on familial status. 1461 b. the statutory definition of dwelling... 2017
Julie Gilgoff LOCAL RESPONSES TO TODAY'S HOUSING CRISIS: PERMANENTLY AFFORDABLE HOUSING MODELS 20 CUNY Law Review 587 (Spring, 2017) C1-2Contents Introduction. 588 I. Community Land Trusts. 588 A. Permanently Affordable Housing Models Rectify the Consequences of Discriminatory Housing Policies: Benefits of CLTs. 591 II. A Comparative Study of CLTs: New York and the Bay Area. 595 A. New York City. 596 1. NYCHA. 596 2. Mitchell-Lama Housing. 598 3. Mandatory Inclusionary Housing.... 2017
Jesse D.H. Snyder NO NEED FOR CITIES TO DESPAIR AFTER BANK OF AMERICA CORPORATION v. CITY OF MIAMI: HOW PATENT LAW CAN ASSIST IN PROVING PREDATORY LOANS DIRECTLY CAUSE MUNICIPAL BLIGHT UNDER THE FAIR HOUSING ACT 70 Maine Law Review 63 (2017) I. Introduction II. Racial Segregation and the Fair Housing Act Through October Term 2014 A. The Fair Housing Act: Acknowledgement that Fairness in Housing is Inviolable B. Disparate Impact and the Maturing Views of the Fair Housing Act III. Bank of America and City Standing Under the Fair Housing Act A. The Genesis of City Lawsuits Under the Fair... 2017
Sydney Hawthorne PEOPLE OR PLACE: WHICH APPROACH IS SUPERIOR WHEN IT COMES TO ADDRESSING EDUCATION REFORM THROUGH COMMUNITY DEVELOPMENT AND HOUSING POLICY? 52 Gonzaga Law Review 109 (2016/2017) C1-3Table of Contents I. Introduction. 110 II. A Call for Action: The State of America's Education System for Low-Income and minority families in Urban Centers. 111 III. Using a People-Based Approach to Improve Educational Opportunities for Low Income and Minority Families and Children. 114 A. The Shortcomings of Housing Vouchers in the Context of... 2017
Lynda L. Butler PROPERTY AS A MANAGEMENT INSTITUTION 82 Brooklyn Law Review 1215 (Spring, 2017) The institution of property serves an important management function for society, guiding the use of resources among its members by delegating to the owner the power to decide how and when to use a resource. Under the dominant American approach, this delegation recognizes broad decision-making powers in the individual property owner. Grounded in an... 2017
Lawrence Brown, PhD PROTECT WHOSE HOUSE? HOW BALTIMORE LEADERS FAILED TO FURTHER AFFORDABLE AND FAIR HOUSING IN PORT COVINGTON 6 University of Baltimore Journal of Land and Development 161 (Spring, 2017) They will try to break you Time has been a comin for reckoning for sobering for unshackling for truth Kingdoms Redemption, Tariq Toure in Black Seeds In the days and weeks following the April 27, 2015 Baltimore Uprising, politicians and civil leaders promised that things would change and be different in the wake of the most explosive social and... 2017
Emily Rees Brown PUBLIC-PRIVATE PARTNERSHIPS: HUD'S LOST OPPORTUNITIES TO FURTHER FAIR HOUSING 21 Lewis & Clark Law Review 735 (2017) This Article examines important yet rarely discussed barriers to dismantling residential segregation in the United States: federal regulations that prevent recipients of federal housing dollars from productively engaging the private sector and effectively navigating the private housing market. These U.S. Department of Housing and Urban Development... 2017
Ambur Smith REACTION TO: THE HARMS OF RACE-NEUTRALITY IN OBAMA-ERA AFFORDABLE HOUSING POLICY 9 Georgetown Journal of Law & Modern Critical Race Perspectives 199 (Fall, 2017) This reaction piece will analyze and comment on the recommendations made with regard to the foreseeably discriminatory, and inadequate nature of the Obama Administration's Choice Neighborhoods Initiative (CNI) in Richard Marsico's Note, The Harms of Race-Neutrality in Obama-Era Affordable Housing Policy. Ultimately, I advance the idea that... 2017
James Grimmelmann REAL + IMAGINARY = COMPLEX: TOWARD A BETTER PROPERTY COURSE 66 Journal of Legal Education 930 (Summer, 2017) The first-year course in property has a dreadful reputation. When the St. Louis University Law Review invited four students to contribute to a symposium on teaching property, three of the four used the occasion to bash the course. One began with the hypothesis that it shouldn't be a required course. Another wrote, I must admit my disappointment... 2017
Alan C. Weinstein REFLECTIONS ON THE PERSISTENCE OF RACIAL SEGREGATION IN HOUSING 45 Capital University Law Review 59 (Winter, 2017) My reflection on Professor Roberts' Sullivan Lecture poses two questions. First, how far have we come as a nation from the hyper-segregated housing patterns of the 1930s through 1960s that Professor Roberts described in her lecture? Regrettably, the answer appears to be not far at all. Further, we are today faced with a second form of... 2017
Paul A. Diller REORIENTING HOME RULE: PART 2--REMEDYING THE URBAN DISADVANTAGE THROUGH FEDERALISM AND LOCALISM 77 Louisiana Law Review 1045 (Summer, 2017) C1-3Table of Contents Introduction. 1046 I. Remedying the Urban Disadvantage in the Federal Order. 1051 A. States Suffer Urban Disadvantage Too. 1055 B. Assessing Big-State Immunity to Preemption. 1059 C. Assessing Big-City Immunity to Preemption. 1062 II. Constitutional Home Rule or Mini Tenth Amendments. 1064 A. Constitutional, or Imperio, Home... 2017
Billy Gage Raley SAFE AT HOME: ESTABLISHING A FUNDAMENTAL RIGHT TO HOMESCHOOLING 2017 Brigham Young University Education and Law Journal 59 (2017) Over the past thirty years, homeschooling has exploded in popularity. The U.S. Department of Education estimates that nearly two million children were homeschooled in the United States as of 2011. It is predicted that [w]ith an increasing array of services available to homeschool students and their families, the number of homeschool students will... 2017
Lee Anne Fennell SEARCHING FOR FAIR HOUSING 97 Boston University Law Review 349 (March, 2017) Introduction. 350 I. Is Homeseeking Harmless?. 356 A. The Harms of Biased Search. 357 1. Search Heuristics and Racial Bias. 358 2. Proxies and Preferences. 363 3. Search as an Impediment to Fair Housing. 367 B. Are There Countervailing Considerations?. 369 1. Gentrification and Displacement. 369 2. Minority Preferences for Segregated Neighborhoods.... 2017
Tess Fortune SEGREGATED HOUSING: CELEBRATORY OR DISCRIMINATORY? 46 Journal of Law and Education 599 (Fall, 2017) In 2016, several universities in the United States enacted racially segregated housing policies in on-campus dormitory buildings. These policies reserve specified dorm blocks in which only qualified students can live. For a student to be qualified, they must meet three criteria: be enrolled in the school, wish to live in these blocks, and be a... 2017
Robert G. Schwemm SEGREGATIVE-EFFECT CLAIMS UNDER THE FAIR HOUSING ACT 20 NYU Journal of Legislation and Public Policy 709 (2017) Introduction. 710 I. Principles for Proving Segregative Effect in FHA Cases. 712 A. Basic Framework of a FHA Segregative-Effect Claim: The Three Steps. 712 B. Distinguishing Disparate-Impact from Segregative-Effect Claims. 713 C. Segregative-Effect Cases Before and After HUD's 2013 Regulation. 715 1. Foundation Cases: Black Jack, Arlington Heights,... 2017
Louis S. Rulli SEIZING FAMILY HOMES FROM THE INNOCENT: CAN THE EIGHTH AMENDMENT PROTECT MINORITIES AND THE POOR FROM EXCESSIVE PUNISHMENT IN CIVIL FORFEITURE? 19 University of Pennsylvania Journal of Constitutional Law 1111 (June, 2017) Civil forfeiture laws permit the government to seize and forfeit private property that has allegedly facilitated a crime without ever charging the owner with any criminal offense. The government extracts payment in kind--property-- and gives nothing to the owner in return, based upon a legal fiction that the property has done wrong. As such, the... 2017
Solangel Maldonado SHARING A HOUSE BUT NOT A HOUSEHOLD: EXTENDED FAMILIES AND EXCLUSIONARY ZONING FORTY YEARS AFTER MOORE 85 Fordham Law Review 2641 (May, 2017) Moore v. City of East Cleveland is undeniably a victory for extended families that do not conform to the nuclear family form because the state can no longer prevent them from living together in one household. In particular, it is a victory for families of color, immigrants, and economically vulnerable families who are more likely to reside with... 2017
Vicki Been, Leila Bozorg SPIRALING: EVICTIONS AND OTHER CAUSES AND CONSEQUENCES OF HOUSING INSTABILITY EVICTED: POVERTY AND PROFIT IN THE AMERICAN CITY. BY MATTHEW DESMOND. NEW YORK, N.Y.: CROWN PUBLISHERS. 2016. PP. XI, 418. $28.00 130 Harvard Law Review 1408 (March, 2017) Our discussions about the nation's housing affordability crisis usually begin with challenges in the market: the population of renters is increasing in metropolitan areas across the United States, the supply of rental housing is not keeping pace, and the supply that does exist is increasingly priced out of reach for the typical renter. Changes in... 2017
Cassandra Jones Havard THE COMMUNITY REINVESTMENT ACT, BANKS, AND THE LOW INCOME HOUSING TAX CREDIT INVESTMENT 26 Journal of Affordable Housing & Community Development Law 415 (2017) I. Introduction. 415 II. Identifying Congruencies. 417 A. LIHTC and the CRA. 417 B. Affordable Housing Success. 418 1. CRA and the LIHTC Program. 418 2. CRA and Housing Finance Agencies (HFAs). 421 III. CRA and LIHTC. 423 A. Pricing. 424 B. Syndication. 425 C. Geography. 427 IV. Proposed Reforms. 430 A. Pricing. 430 B. Syndication. 431 C.... 2017
Alan Mallach THE ELUSIVE GOAL OF A DECENT HOME AND A SUITABLE LIVING ENVIRONMENT: CONFRONTING TODAY'S HOUSING CHALLENGES 51 University of San Francisco Law Review 75 (2017) DECENT HOUSING IS A FUNDAMENTAL HUMAN NEED, and how to address that need is an issue that has bedeviled not only the United States, but also every developed nation, for the past hundred years or more. In the United States, while there had been limited federal engagement with housing policy during the early part of the 20th century, it was during... 2017
David Reiss THE FEDERAL HOUSING ADMINISTRATION AND AFRICAN-AMERICAN HOMEOWNERSHIP 26 Journal of Affordable Housing & Community Development Law 123 (2017) The United States Federal Housing Administration (FHA) has been a versatile tool of government since it was created during the Great Depression. It achieved success with some of its goals and had a terrible record with others. Its impact on African-American households falls, in many ways, into the latter category. The FHA began redlining... 2017
Nancy Leong THE FIRST AMENDMENT AND FAIR HOUSING IN THE PLATFORM ECONOMY 78 Ohio State Law Journal 1001 (2017) The platform economy--a marketplace made up of businesses that profit by connecting providers of goods and services with users of those goods and services--challenges us to reevaluate our antidiscrimination laws. This Article considers one such challenge: how should public accommodation laws such as Title II of the Civil Rights Act of 1964 and the... 2017
Richard Marsico THE HARMS OF RACE-NEUTRALITY IN OBAMA-ERA AFFORDABLE HOUSING POLICY 9 Georgetown Journal of Law & Modern Critical Race Perspectives 175 (Fall, 2017) Today, public housing provides support for the least well-off in society, and its purpose is to assist those who would otherwise be unable to compete for housing in the private market. However, public housing was not originally intended to serve such a purpose. It originated under the New Deal to serve struggling middle class families during the... 2017
Andrew Howell THE IMPACTS OF ALLOWING CITIES TO HAVE STANDING AGAINST PREDATORY LENDERS UNDER THE FAIR HOUSING ACT 7 University of Baltimore Journal of Land and Development 11 (Fall, 2017) Bank of America and Wells Fargo Banks are corporations that regularly deal in the area of real-estate transactions Notably, the Banks lend money to persons who meet certain requirements. These borrowers then reimburse the Banks the money lent to them as well as interest on the money borrowed, over a period time. The Banks were supposedly... 2017
Conor Arpey THE MULTIFACETED MANIFESTATIONS OF THE POOR DOOR: EXAMINING FORMS OF SEPARATION IN INCLUSIONARY HOUSING 6 American University Business Law Review 627 (2017) Introduction. 628 II. The Development of Inclusionary Housing Programs. 630 A. The MPDU Program's Legal and Demographic Context. 631 B. Federal Housing Discrimination Standards for Municipal Zoning Ordinances. 632 C. Statutory Changes to New York's 421-a Program. 637 III. Assessing the Viability of a Potential Disparate Impact Claim and the... 2017
Chad Marzen , Darren A. Prum , Robert J. Aalberts THE NEW SHARING ECONOMY: THE ROLE OF PROPERTY, TORT, AND CONTRACT LAW FOR MANAGING THE AIRBNB MODEL 13 NYU Journal of Law & Business 295 (Winter, 2017) L1-2Introduction . L3296 I. The Airbnb Model: The Role of Property, Tort, and Contract Law. 298 A. The Airbnb Model. 298 B. The Airbnb Model and Traditional Liability Issues. 301 1. Premises Liability. 304 2. Nuisance. 307 3. Right to Privacy: Intrusion on Seclusion. 311 4. Property Damage or Loss. 313 a. Conversion. 314 b. Negligence. 315 II.... 2017
Jonathan Zasloff THE PRICE OF EQUALITY: FAIR HOUSING, LAND USE, AND DISPARATE IMPACT 48 Columbia Human Rights Law Review 98 (Spring, 2017) Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... 2017
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