Nestor M. Davidson AFFORDABLE HOUSING LAW AND POLICY IN AN ERA OF BIG DATA 44 Fordham Urban Law Journal 277 (May, 2017) Introduction. 277 I. Why Might Big Data Matter to Affordable Housing Policy?. 281 A. Big Data and Policy. 281 B. From Outputs to Outcomes in Affordable Housing. 284 II. Big Data in Affordable Housing Law and Policy. 287 A. Some Examples of Big Data's Potential in Affordable Housing. 288 1. Siting Decisions, Mobility, and Neighborhood Effects. 288... 2017
Shelley Cavalieri BACK TO THE BASICS: LESSONS FROM U.S. PROPERTY LAW FOR LAND REFORM 95 Denver Law Review 73 (Fall, 2017) Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... 2017
Sarah Golabek-Goldman BAN THE ADDRESS: COMBATING EMPLOYMENT DISCRIMINATION AGAINST THE HOMELESS 126 Yale Law Journal 1788 (April, 2017) This Note presents a study of obstacles to employment faced by homeless job applicants and offers potential solutions. Homeless job applicants confront discrimination when they provide the address of a shelter or do not have an address to provide on applications. Advocates should seek to protect homeless job applicants by encouraging businesses,... 2017
Taisha N. Sturdivant BEGINNER'S GUIDE TO THE FAIR HOUSING ACT AMY M. GLASSMAN & NYDIA M. POUYES AMERICAN BAR ASSOCIATION (2016) 6X9/40 PAGES/$39.95 (SHOPABA.ORG) 26 Journal of Affordable Housing & Community Development Law 228 (2017) In 1968, Congress declared it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. In connection with its declaration of policy, and in recognition of the need to combat and prevent segregation in housing, Congress passed the Fair Housing Act of 1968 (FHA). Although the... 2017
Jonathan Zasloff BETWEEN RESISTANCE AND EMBRACE: AMERICAN REALTORS, THE JUSTICE DEPARTMENT, AND THE UNCERTAIN TRIUMPH OF THE FAIR HOUSING ACT, 1968-1978 61 Howard Law Journal 69 (Fall, 2017) ABSTRACT. 70 INTRODUCTION. 70 I. TRENDS IN DISCRIMINATION, 1968-1977. 73 A. Before the Fair Housing Act. 73 B. The Result of a Decade. 74 II. THE ARGUMENT FROM ATTITUDES. 76 III. ENFORCEMENT AND ITS FRAMEWORK. 78 A. DOJ Moves Ahead. 80 B. Case Study: DOJ in Los Angeles. 82 IV. THE TRANSFORMATION OF AMERICAN REALTORS. 84 A. The Ideology of Forced... 2017
Anne M. Robertson BLOWING PAST MINNESOTA NICE: NEW OPPORTUNITIES ARISE TO UTILIZE DISPARATE-IMPACT THEORY AND PRACTICE IN TWIN CITIES LOW-INCOME HOUSING DISCRIMINATION LITIGATION 43 Mitchell Hamline Law Review 63 (2017) I. Introduction. 64 II. Housing Discrimination: What Legal Aid Sees in the Twin Cities. 67 III. The Supreme Court's 2015 Stamp of Approval for Fair-Housing Disparate-Impact Claims' Cognizability in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. 69 A. New Jersey Legal Aid Defends Fair-Housing Rights for... 2017
Andrea Kozak-Oxnard CARE AND COMMUNITY EMPOWERMENT: COALITION-BUILDING BETWEEN HOME CARE WORKERS AND DISABILITY RIGHTS ACTIVISTS 35 Columbia Journal of Gender and Law 70 (2017) This Note looks closely at the issues facing home care workers and the persons with disabilities and older persons who consume that care. It argues that without seriously taking into account the unique intersectional needs of both care providers--predominately low-income women of color--and care consumers-- generally persons who have disabilities,... 2017
Bonnie Sellers CHAPTER 535: WOMEN VETERANS CONTINUE TO FIGHT BATTLES ON THE HOME FRONT 48 University of the Pacific Law Review 725 (2017) Code Sections Affected Military and Veterans Code ยง 998.541(a) (amended). SB 866 (Roth); 2016 STAT. Ch. 535 C1-3Table of Contents I. Introduction. 725 II. Legal Background. 727 A. Addressing the Specific Hurdles Faced by Women Veterans. 727 B. Federal and State Housing Discrimination Prevention. 728 C. The History of California Veterans Programs.... 2017
Jessica A. Shoemaker COMPLEXITY'S SHADOW: AMERICAN INDIAN PROPERTY, SOVEREIGNTY, AND THE FUTURE 115 Michigan Law Review 487 (February, 2017) This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today's federally imposed reservation... 2017
Brad Greenburg CONSOLIDATION AFTER CRISIS: HOW A FEW PRIVATE INVESTORS BOUGHT DISTRESSED, FEDERALLY-INSURED MORTGAGES AFTER THE FORECLOSURE CRISIS 20 NYU Journal of Legislation and Public Policy 887 (2017) Introduction. 888 I. FHA and the Foreclosure Crisis. 890 A. FHA: Background and History. 890 B. FHA's History of Foreclosure Alternatives. 892 C. FHA and the Rise of Subprime Products in the 1990s and Early 2000s. 895 D. The Subprime Bubble Bursts and FHA Doubles Down. 902 E. Unwinding the FHA's Portfolio of Delinquent Loans. 908 II. The Distressed... 2017
Rita Burns, Sara Mohamed, Andrew Newstein DANGER OF THE OPT-OUT: STRATEGIES FOR PRESERVING SECTION 8 PROJECT-BASED HOUSING IN PHILADELPHIA 26 Journal of Affordable Housing & Community Development Law 83 (2017) Executive Summary. 85 I. Introduction: Is Philadelphia Opting Out of Affordable Housing?. 87 II. Racial and Socio-Economic Inequity in the Loss of Section 8 Project-Based Housing. 88 III. Background: Subsidized Housing Law In Philadelphia. 90 A. Section 8 Project Based Developments. 90 B. Project-Based Rental Assistance. 92 C. Owners Can Opt-Out of... 2017
Eileen Boris DECENT WORK IN THE HOME: AFFECT AND RIGHTS TALK 15 Santa Clara Journal of International Law 79 (February 3, 2017) This article analyzes the struggle for decent work in the home by focusing on tactics of representation and the use of emotive discourse. To make caring labors legible, it argues, we call them work and to make work decent, that is, life-sustaining, we rely upon employment standards forged with the Western and white male industrial worker as the... 2017
Eva Coruzzi Schneider DISPARATE IMPACT LACKS AN IMPACT: THE NEED FOR PAY FOR SUCCESS PROGRAMS TO HOUSE FORMERLY INCARCERATED PEOPLE 44 Fordham Urban Law Journal 529 (May, 2017) As a society, our decision to heap shame and contempt upon those who struggle and fail in a system designed to keep them locked up and locked out says far more about ourselves than it does about them. C1-2Table of Contents Introduction. 530 I. Background. 535 A. Incarceration, Segregation, and Poverty Today. 540 B. The Importance of Reducing... 2017
Daniel Sheehan DISPARATE IMPACT LIABILITY UNDER THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES 25 Journal of Affordable Housing & Community Development Law 391 (2017) Introduction. 391 I. Inclusive Communities and the New Disparate Impact Test. 393 A. Facts of Inclusive Communities. 393 B. Court Proceedings. 394 II. The Making of the New Disparate Impact Framework. 398 A. Two Types of Disparate Impact Cases Prior to Inclusive Communities. 399 1. Disparate Impact Liability in Housing Barrier Cases. 400 2.... 2017
James A. Allen DISRUPTING AFFORDABLE HOUSING: REGULATING AIRBNB AND OTHER SHORT-TERM RENTAL HOSTING IN NEW YORK CITY 26 Journal of Affordable Housing & Community Development Law 151 (2017) Introduction. 152 I. The New York City Capacity Problem. 156 A. A Brief History of Housing in New York. 158 B. The New York City Capacity Problem: Balancing Affordability with the Tourist Economy. 160 1. Addressing Affordable Housing in New York City. 160 2. Tourism in New York. 162 C. The Impact of Short-Term Rentals on New York City Affordable... 2017
Andrea J. Boyack EQUITABLY HOUSING (ALMOST) HALF A NATION OF RENTERS 65 Buffalo Law Review 109 (January, 2017) Across America, the rent is too damn high. The country's population of renters is growing faster than the supply of available rental units. Rental vacancies are reaching new lows, and rental rates are reaching new highs. Millions of former homeowners have lost their homes in foreclosure and, due to today's much tighter mortgage underwriting... 2017
Lisa T. Alexander EVICTED: THE SOCIO-LEGAL CASE FOR THE RIGHT TO HOUSING 126 Yale Law Journal Forum 431 (April 12, 2017) Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted,... 2017
Ezra Rosser EXPLOITING THE POOR: HOUSING, MARKETS, AND VULNERABILITY 126 Yale Law Journal Forum 458 (April 3, 2017) Matthew Desmond's magisterial Evicted: Poverty and Profit in the American City is arguably the most important book about poverty in the United States in a generation. Just as Michael Harrington's The Other America provided the country with a necessary window onto the poverty lurking below the surface of the affluent society of post-war America, so... 2017
Max Rubinson EXPLORING THE TRANS-PACIFIC PARTNERSHIP'S COMPLEXITIES THROUGH THE LENS OF ITS INTELLECTUAL PROPERTY RIGHTS CHAPTER 31 Emory International Law Review 449 (2017) The Trans-Pacific Partnership (TPP) is a multilateral trade agreement negotiated between twelve Pacific-Rim countries, including the United States. Despite receiving significant criticism, the agreement ultimately represents a delicate balance of concessions intended to promote global economic stability and increase cooperation between member... 2017
  FAIR HOUSING ACT--STANDING AND PROXIMATE CAUSE-- BANK OF AMERICA CORP. v. CITY OF MIAMI 131 Harvard Law Review 373 (November, 2017) The Fair Housing Act (FHA) was the last of the three major civil rights statutes passed in the 1960s, its passage spurred by a presidential commission's conclusion that the United States was moving toward two societies, one black, one white--separate and unequal. The FHA prohibits, among other things, racial discrimination in the terms and... 2017
Megan Haberle FAIR HOUSING AND ENVIRONMENTAL JUSTICE: NEW STRATEGIES AND CHALLENGES 26 Journal of Affordable Housing & Community Development Law 271 (2017) Fair housing and environmental justice are deeply intertwined, though they have long operated in separate siloes among both policymakers and advocates. In recent years, the importance of connecting these issues has been brought home in acute ways. This included the public exposure of lead poisoning in Flint, Michigan (which gave momentum to... 2017
David L. Callies, Derek B. Simon FAIR HOUSING, DISCRIMINATION, AND INCLUSIONARY ZONING IN THE UNITED STATES 49 Urban Lawyer 687 (Fall, 2017) The United States has struggled with discrimination in housing and the providing of affordable, workforce or low-income housing for decades. This paper summarizes and analyzes the problems and opportunities created in large measure by federal and state courts, together with guidance provided by the U.S. Department of Housing and Urban Development... 2017
  FAIR HOUSING: INTRODUCTION 65 Buffalo Law Review 1 (January, 2017) Home is the place where you live. Home may be a house, an apartment, a condominium, or more broadly, a neighborhood, a village, a city, or a region. It can include the school you attend, your place of work, the bike trails you ride on for recreation, or the parks you bring your children to. The three Articles and one Essay contained in this Issue... 2017
Kerri Thompson FAIR HOUSING'S TRAP DOOR: FIXING THE BROKEN DISPARATE IMPACT DOCTRINE UNDER THE FAIR HOUSING ACT 25 Journal of Affordable Housing & Community Development Law 435 (2017) Fair housing advocates were relieved when the Supreme Court recently confirmed that disparate impact claims can be brought under the Fair Housing Act. But allowing these claims actually does little for people who have housing discrimination claims. Instead, the strict burden-shifting test used to apply disparate impact theory opens a trap door,... 2017
Michelle Page FORGOTTEN YOUTH: HOMELESS LGBT YOUTH OF COLOR AND THE RUNAWAY AND HOMELESS YOUTH ACT 12 Northwestern Journal of Law & Social Policy 17 (Winter, 2017) Over the years, the rate of youth homelessness in America has steadily risen, prompting the creation and subsequent revision of corrective policies. One such policy is the Runaway and Homeless Youth Act of 1974. The Act is not a cure-all for homelessness, but it does provide services and programs specifically designed to aid homeless youth. It has... 2017
Elizabeth M. Tisher HISTORIC HOUSING FOR ALL: HISTORIC PRESERVATION AS THE NEW INCLUSIONARY ZONING 41 Vermont Law Review 603 (Spring, 2017) The real world of human action is too varied and complex to be captured by any set of categorical structures .. [L]ife's diversity and complexity cannot be contained within square corners. Introduction. 604 I. Background. 606 A. Local Historic Preservation Controls. 606 1. National Register Historic Districts. 606 2. Local Historic Districts. 607... 2017
Kelly Hwa HYDRAULIC FRACTURING AND FORCED POOLING LAWS: WHY FRACKING OPERATORS' USE OF DECADES-OLD LAWS TO COMPEL ACCESS TO PROPERTIES MUST BE REEXAMINED 63 Wayne Law Review 105 (Spring, 2017) I. Introduction. 105 II. Background. 107 A. Overview of Hydraulic Fracturing. 107 B. The History and Development of Forced Pooling Laws. 108 1. The Rule of Capture. 108 2. Development of Spacing and Compulsory Pooling Laws. 109 3. Current State of Forced Pooling Laws. 110 4. Michigan's Forced Pooling Law. 112 C. The Constitutionality of Forced... 2017
Evan Bonnstetter IMPORTING THE LEGAL FRAMEWORK OF LIMITED PROFIT HOUSING ASSOCIATIONS INTO THE AFFORDABLE HOUSING SYSTEM OF THE UNITED STATES 26 Michigan State International Law Review 103 (2017) Housing is a basic human necessity. The current approach to affordable housing in the United States is defined in large part by its complexity and technical details. Numerous programs, including tax credits, grants, and rent vouchers exist to incentivize the development and increase the affordability of housing. However, these programs fall short... 2017
David D. Troutt INCLUSION IMAGINED: FAIR HOUSING AS METROPOLITAN EQUITY 65 Buffalo Law Review 5 (January, 2017) We're not talking about the Normandy School District losing their accreditation because of their buildings, or their structures, or their teachers. We are talking about violent behavior that is coming in with my first grader, my third grader, and my middle schooler that I'm very worried about. . I want the same security that Normandy gets when they... 2017
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
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