Tiffany Manuel, PhD DISMANTLING THE NARRATIVES THAT CONSTRAIN PUBLIC SUPPORT FOR FAIR HOUSING: THE URGENT NEED TO REFRAME THE PUBLIC CONVERSATION TO BUILD PUBLIC WILL 27 Journal of Affordable Housing & Community Development Law 87 (2018) Denouncing acts of blatant hatred and bigotry is easy. But . the subjugation of people of color happens every day by those who would never march with citronella torches or drive a car through a throng of innocent protesters .. Subjugation occurs by white people . who protest public and affordable housing under the polite cover of parking and... 2018
J. Shontavia Johnson, Tonya M. Evans, Yolanda M. King DIVERSIFYING INTELLECTUAL PROPERTY LAW 10 No. 4 Landslide 30 (March/April, 2018) Law is America's least diverse profession. According to the American Bar Association (ABA), 85 percent of all lawyers in America are white, and 65 percent are men. And lawyer demographics have not changed much in at least a decade. While the profession has made some efforts toward increasing diversity and embracing inclusion, its membership does... 2018
April Johnson FAIR HOUSING ISSUES: A CALL FOR MANDATED HOUSING INTEGRATION 50 University of Toledo Law Review 107 (Fall, 2018) OWNING a home has long been regarded as having a slice of the American Dream. Yet, as history has shown us, homeownership in integrated communities is increasingly unavailable for African Americans and other minorities. In essence, it is far more difficult for African Americans to realize the American Dream--by purchasing a home--than it is for... 2018
Chase Hamilton FAIR SHARE: REINVIGORATING THE TWIN CITIES' REGIONAL AFFORDABLE HOUSING CALCULUS 36 Law & Inequality: A Journal of Theory and Practice 287 (Summer, 2018) The Metropolitan Council of the Twin Cities (Council), an administrative body of seventeen appointed officials, presides over the metropolitan area comprising Minneapolis-St. Paul. Empowered with the ability to review all proposed matters of metropolitan significance, the Council maintains broad statutory authority to shape regional development,... 2018
Shaytonna V. Bullock FEE SIMPLE SUBJECT TO EXECUTORY INTEREST: AN ANALYSIS OF THE PREEMPTION AND REVOCATION OF BLACK PROPERTY RIGHTS 12 Southern Journal of Policy and Justice 205 (Fall, 2018) Blacks have contributed to the fabric of the United States of America in ways that no other group has. Beyond building the very foundation of this country from the sweat, blood, and tears of generations of slaves, African Americans have substantially contributed to the intellectual and structural development of this nation by way of inventions,... 2018
Amanda Insalaco FIFTY YEARS SINCE PASSAGE OF THE FAIR HOUSING ACT: RENT-TO-INCOME RATIOS IN THE PERSISTENCE OF RESIDENTIAL RACIAL SEGREGATION IN CHICAGO 51 John Marshall Law Review 551 (Spring, 2018) I. Introduction. 552 II. Background. 556 A. Overview of Residential Racial Segregation: From the Regional- to Urban-Levels. 556 1. The Federal Government's Contribution to Systemic Housing Inequality. 558 2. Federal Attempts to Remedy Housing Disparity Emerge. 558 3. FHA and Section 8. 560 B. The Origins of Disparate Impact Analysis. 561 C. The... 2018
William Rhee , Stephen C. Scott GEOGRAPHIC DISCRIMINATION: OF PLACE, SPACE, HILLBILLIES, AND HOME 121 West Virginia Law Review 531 (Winter 2018) Abstract. 533 I. Introduction. 534 II. Basic Human Capabilities at Home. 538 A. The Capabilities Approach. 538 B. Central Capabilities Need Place and Space. 540 1. A Home of One's Own. 541 2. A Job of One's Own. 544 3. A School of One's Own. 545 III. Politically Incorrect Locational Prejudice. 545 A. An Intersectional or Multidimensional Concept.... 2018
Dayna Bowen Matthew HEALTH AND HOUSING: ALTRUISTIC MEDICALIZATION OF AMERICA'S AFFORDABILITY CRISIS 81 Law and Contemporary Problems 161 (2018) This article argues in favor of responding to the lack of affordable housing in America as a public health crisis. The medicalization frame adopted here responds to epidemiological evidence of the nexus between health and housing, invites collaborative and integrated solutions to improve health outcomes, and points to innovative financing streams... 2018
Dorothy A. Brown HOMEOWNERSHIP IN BLACK AND WHITE: THE ROLE OF TAX POLICY IN INCREASING HOUSING INEQUITY 49 University of Memphis Law Review 205 (Fall, 2018) I. Introduction. 205 II. Tax Subsidies for Homeownership. 207 III. Homeownership and Race. 213 A. Historical Racial Inequality in Homeownership. 213 B. The Race-Based Appreciation Gap. 214 C. Homeownership Wealth in Black and White. 221 IV. Tax Subsidies and Race. 223 V. Suggestions for Reform. 225 VI. Conclusion. 227 2018
Kathryn A. Sabbeth HOUSING DEFENSE AS THE NEW GIDEON 41 Harvard Journal of Law & Gender 55 (Winter, 2018) New York City is the first jurisdiction in the United States to create a right to appointed counsel for poor people facing eviction. This Article is the first to analyze NYC's ground-breaking legislation. The Article draws on NYC's housing defense statute to highlight three ways in which the creation of a civil right to counsel has the potential to... 2018
Taylor A. F. Wolff HOUSING IS HEALTHCARE: THE TAX IMPLICATIONS OF HOMELESSNESS AND ADDICTION 21 Quinnipiac Health Law Journal 259 (2018) I. Introduction. 260 II. Background. 263 A. Housing the Chronically Homeless: A Healthcare Concern. 263 B. Framing a Tax Policy that Houses Chronically Homeless People with Substance Use Disorders. 266 C. The Wet House: An 1811 Model for Chronically Homeless Alcoholics. 269 D. Federal and State Funding Regulations of the Wet House as a 501(c)(3)... 2018
  HOUSING LAW--CRIMINAL SCREENING OF TENANTS-- SEATTLE BANS THE USE OF CRIMINAL HISTORY IN RENTAL DECISIONS.-- SEATTLE, WASH., ORDINANCE 125393 (AUG. 23, 2017) 131 Harvard Law Review 1844 (April, 2018) As a result of their convictions, ex-offenders face many collateral consequences, including lack of access to housing. Landlords increasingly rely on background screens of prospective tenants to identify criminal history. Sex offenders may have an even harder time obtaining housing. Those on a sex offender registry for life are barred from... 2018
Eric D. Chason HOW BITCOIN FUNCTIONS AS PROPERTY LAW 49 Seton Hall Law Review 129 (2018) Bitcoin replicates many of the formal aspects of real estate transactions. Bitcoin transactions have features that closely resemble grantor names, grantee names, legal descriptions, and signatures found in real property deeds. While these Bitcoin deeds may be interesting, they are not profound. Bitcoin goes beyond creating simple digital deeds,... 2018
Michelle D. Layser HOW FEDERAL TAX LAW REWARDS HOUSING SEGREGATION 93 Indiana Law Journal 915 (Winter 2018) Introduction. 916 I. The Spatial Distribution of Tax-Based Housing Subsidies. 920 A. Why the Spatial Distribution of Tax-Based Housing Subsidies Matters. 920 B. The Location of Tax-Subsidized Housing in America. 924 1. The Spatial Distribution of Mortgage Interest Deduction Benefits. 924 2. The Spatial Distribution of Low-Income Housing Tax Credit... 2018
Jesse D.H. Snyder HOW PATENT LAW KEEPS THE HOPE OF FAIR HOUSING ALIVE FOR ALL, EVEN AFTER BANK OF AMERICA CORP. v. CITY OF MIAMI 21 Harvard Latinx Law Review 107 (Spring, 2018) C1-2Table of Contents I. Introduction. 108 II. Racial Segregation and the Fair Housing Act Through October Term 2014. 111 A. The Fair Housing Act: Acknowledgement that Fairness in Housing Is Inviolable. 111 B. Disparate Impact and the Maturing Views of the Fair Housing Act. 113 III. Bank of America and City Standing Under the Fair Housing Act. 115... 2018
Paul Boudreaux INFILL: NEW HOUSING FOR TWENTY-FIRST-CENTURY AMERICA 45 Fordham Urban Law Journal 595 (April, 2018) The American population has changed dramatically over the past several decades: fewer of us live in big families, more of us live alone or in pairs, and more of us favor metropolitan areas near the coasts. Yet our housing laws remain mired in assumptions from the previous century that we are a spread-out nation of large families that need and... 2018
  KEEPING CURRENT--PROPERTY 32-JUN Probate and Property 24 (May/June, 2018) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. ABANDONMENT: Statutory forfeiture does not apply to extinguish rights in ditch used to transport water. Mortensen owned land that received water through a ditch that... 2018
Derek Waller LEVERAGING STATE AND LOCAL ANTIDISCRIMINATION LAWS TO PROHIBIT DISCRIMINATION AGAINST RECIPIENTS OF FEDERAL RENTAL ASSISTANCE 27 Journal of Affordable Housing & Community Development Law 401 (2018) I. Federal and State Voucher Laws. 406 A. Federal Law and Housing Vouchers. 406 B. State Antidiscrimination Laws and Voucher-Based Discrimination. 408 1. States with Judicially Created Housing Voucher Exemptions from Source of Income Laws. 408 a. Minnesota. 408 b. Wisconsin. 410 c. California. 411 2. States with Source of Income Laws That Exclude... 2018
Thomas Silverstein, Diane Glauber LEVERAGING THE BESIEGED ASSESSMENT OF FAIR HOUSING PROCESS TO CREATE COMMON GROUND AMONG FAIR HOUSING ADVOCATES AND COMMUNITY DEVELOPERS 27 Journal of Affordable Housing & Community Development Law 33 (2018) The duty to affirmatively further fair housing, commonly known by its acronym AFFH, has the potential to serve as one of the strongest weapons in the arsenal of both community developers and fair housing advocates to address structural barriers to full and equal participation in U.S. society for people of color, persons with disabilities, and... 2018
Brandon M. Weiss LOCATING AFFORDABLE HOUSING: THE LEGAL SYSTEM'S MISALLOCATION OF SUBSIDIZED HOUSING INCENTIVES 70 Hastings Law Journal 215 (December, 2018) The primary goal of subsidized housing policy in the United States is to increase access to affordable housing for low-income households. Yet data show that states disproportionately award low-income housing tax credits to finance the development of projects in neighborhoods where there is already a relatively high number of housing units available... 2018
Christopher C. Ligatti MAX WEBER MEETS THE FAIR HOUSING ACT: "LIFE CHANCES" AND THE NEED FOR EXPANDED LOST HOUSING OPPORTUNITY DAMAGES 6 Belmont Law Review 78 (2018) Introduction. 79 I. Background. 81 A. The Root of Mobility Based Programs in Life Chances Theory. 82 1. Max Weber's Life Chances Theory. 82 2. Neighborhood Effects and the Geography of Opportunity as Understood Through the Lens of Life Chances. 87 3. The Negative Consequences of Low-Opportunity Areas. 88 4. The Benefits of Moving to... 2018
Chelsea King MERGING INCLUSIONARY ZONING AND COMMUNITY LAND TRUSTS TO INCREASE AFFORDABLE HOUSING IN BALTIMORE WITHOUT DISPLACING NEIGHBORHOODS 49 University of Baltimore Law Forum 43 (Fall, 2018) Throughout history, Baltimore City has continually struggled to manage affordable housing and residential segregation, and as such, is currently facing a housing crisis. The housing crisis that Baltimore faces today is in large part due to decades of systemic racial oppression. Throughout history, Baltimore City officials have denied African... 2018
Amanda M. Leon MINING FOR MEANING: AN EXAMINATION OF THE LEGALITY OF PROPERTY RIGHTS IN SPACE RESOURCES 104 Virginia Law Review 497 (May, 2018) In November 2015, the Space Resource Exploration and Utilization Act of 2015 (SREU Act) became law. Private space companies hoping to mine asteroids for commercial gain rejoiced. For years, such private companies had struggled to obtain adequate funding and support for their revolutionary space missions due to a lack of legal certainty regarding... 2018
Zachary C. Freund PERPETUATING SEGREGATION OR TURNING DISCRIMINATION ON ITS HEAD? AFFORDABLE HOUSING RESIDENCY PREFERENCES AS ANTI-DISPLACEMENT MEASURES 118 Columbia Law Review 833 (April, 2018) Affordable housing residency preferences give residents of a specific geographic preference area prioritized access to affordable housing units within that geographic area. Historically, majority-white municipalities have sometimes used affordable housing residency preferences to systematically exclude racial minorities who reside in surrounding... 2018
Rachel Smith POLICING BLACK RESIDENTS AS NUISANCES: WHY SELECTIVE NUISANCE LAW ENFORCEMENT VIOLATES THE FAIR HOUSING ACT 34 Harvard Journal on Racial & Ethnic Justice 87 (Spring, 2018) She was rapidly losing blood after her ex-boyfriend stabbed her in the neck, but Lakisha Briggs did not call 911. A neighbor saw her walking through the street, bleeding, and called for paramedics, who rushed to airlift Ms. Briggs to the hospital. When she eventually returned home, Ms. Briggs discovered her landlord was evicting her. The reason:... 2018
H. Elenore Wade PRESERVING THE FAMILIES OF HOMELESS AND HOUSING-INSECURE PARENTS 86 George Washington Law Review 869 (May, 2018) Every year in the United States, state child welfare agencies receive millions of reports of suspected child neglect. The families involved in these reports are often first subjected to government interference in the legally protected parent-child relationship on the basis of neglect, a legal concept that lacks an intent standard and is often... 2018
Eric J. Miller PROPERTY, PERSONS, AND INSTITUTIONALIZED POLICE INTERDICTION IN BYRD v. UNITED STATES 52 Loyola of Los Angeles Law Review 107 (2018) During a fairly routine traffic stop of a motorist driving a rental car, two State Troopers in Harrisburg, Pennsylvania, discovered that the driver, Terrence Byrd, was not the listed renter. The Court ruled that Byrd nonetheless retained a Fourth Amendment right to object to the search. The Court did not address, however, why the Troopers stopped... 2018
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 KuklĂ­k 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
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