Michael J. Bazyler , Rajika L. Shah THE UNFINISHED BUSINESS OF THE ARMENIAN GENOCIDE: ARMENIAN PROPERTY RESTITUTION IN AMERICAN COURTS 23 Southwestern Journal of International Law 223 (2017) Abstract: Because of its striking success, the modern Holocaust restitution movement was initially seen as a model for other victim groups seeking compensation in American courts for financial injustices committed on a large scale by public entities and complicit private actors during a genocide or other mass atrocities. Lawyers seeking restitution... 2017
Mark A. Rothstein, Laura Rothstein THE USE OF GENETIC INFORMATION IN REAL PROPERTY TRANSACTIONS 31-JUN Probate and Property 12 (May/June, 2017) With the cost of genome sequencing continuing to decline and genomic information becoming more common in health records, it is foreseeable that entities with an economic interest in the future health status of individuals will be tempted to use predictive genetic information to assess the health risks of individuals who are parties to real property... 2017
Anita M. Cozart TRANSPORTATION MATTERS: CLOSING THE CHASM BETWEEN HOUSING AND TRANSPORTATION TO FOSTER COMMUNITIES OF OPPORTUNITY FOR ALL 25 Journal of Affordable Housing & Community Development Law 219 (2017) Housing and transportation are integrally connected. However, historic approaches to urban development have not fully leveraged the connections. Some of the most vulnerable populations, including communities of color and low-income people, bear disproportionate burdens associated with that missed opportunity. Some of those burdens include lack of... 2017
Steven Cummings TWIQBAL, INC.: FINDING DISPARATE-IMPACT CLAIMS COGNIZABLE UNDER THE FAIR HOUSING ACT AND RAISING SERIOUS CONCERNS IN THE PROCESS 80 Albany Law Review 381 (2016-2017) The Supreme Court generally leaves controversial cases to the end of the year, leading to a number of highly contested decisions being released all at once. The summer of 2015 was no exception, with several cases being deemed worthy of notice. However, some cases are more controversial than others, with same-sex marriage, lethal injection, and the... 2017
Eric Andrews WITHOUT A HOME AND HUNGARY: ASSESSING HUNGARY'S LEGAL RESPONSIBILITIES TO SYRIAN REFUGEES AND ITS DEROGATION OF RIGHTS DUE TO A DECLARED STATE OF EMERGENCY 20 Gonzaga Journal of International Law 1 (January 1, 2017) The rights and obligations due to refugees is a complex system with many moving parts. In 1948 the United Nations created the Universal Declaration of Human rights. This was followed in 1950 with the European Convention on Human Rights (ECHR). Here, member nations first outlined the fundamental rights for nations belonging to the European Council.... 2017
Ernest F. Lidge III WRONGFULLY DISCHARGED IN-HOUSE COUNSEL: A PROPOSAL TO GIVE THE EMPLOYER A VETO OVER REINSTATEMENT WHILE GIVING THE TERMINATED LAWYER FRONT PAY 52 Wake Forest Law Review 649 (Fall, 2017) There is an inherent tension between the laws dealing with the wrongful discharge of attorneys who hold in-house counsel positions and the ethical rules. On the one hand, employment laws protect employees, potentially including attorneys, from discriminatory discharges and other types of wrongful terminations. On the other hand, the ethical rules... 2017
Kelly Elizabeth Orians "I'LL SAY I'M HOME, I WON'T SAY I'M FREE": PERSISTENT BARRIERS TO HOUSING, EMPLOYMENT, AND FINANCIAL SECURITY FOR FORMERLY INCARCERATED PEOPLE IN LOW-INCOME COMMUNITIES OF COLOR 25 National Black Law Journal 23 (2016) I. Introduction. 24 II. Context: Traditional Approaches to Reentry. 35 A. Controlling Employer Access to Information About Conviction History. 36 B. Rehabilitating People Who Are Convicted. 42 C. Providing Employers Incentives to Hire Formerly Incarcerated People and Focusing on Community Development More Generally.. 45 III. Using Conviction... 2016
S. Lamar Gardner #BLACKLIVESMATTER, DISPARATE-IMPACT, AND THE PROPERTY AGENDA 43 Southern University Law Review 321 (Spring, 2016) C1-2Table of Contents Introduction. 322 Part I. The Fair Housing Act and the Disparate-Impact Theory Debate. 326 A. Overview of the Fair Housing Act. 326 1. History Leading up to the FHA. 327 2. Passage of the FHA and its Content. 329 B. The Burden of Proof. 332 1. Proving Intentional Discrimination. 332 2. Proving Merely Discriminatory Effect. 335... 2016
Richard J. D'Amato A "VERY SPECIFIC" HOLDING: ANALYZING THE EFFECT OF HOBBY LOBBY ON RELIGIOUS LIBERTY CHALLENGES TO HOUSING DISCRIMINATION LAWS 116 Columbia Law Review 1063 (May, 2016) The Supreme Court's 2014 decision in Hobby Lobby v. Burwell sent shockwaves through the legal community. While many praised its broad interpretation of the Religious Freedom Restoration Act (RFRA) as a milestone in protecting religious liberty, others expressed concern that it would essentially turn RFRA and similar legislation on the state level... 2016
Raquel Smith A SEAT AT THE TABLE: CHANGING THE GOVERNING STRUCTURE OF LOW INCOME HOUSING TAX CREDIT PROGRAM ADMINISTRATION TO REFLECT CIVIL RIGHTS VALUES AND FAIR HOUSING 6 Columbia Journal of Race and Law 193 (2016) The Low Income Housing Tax Credit (LIHTC) program is the largest existing program for the development of low-income affordable rental housing in the country. The program is administered by the United States Department of Treasury and the Office of Comptroller of the Currency (OCC), federal agencies by statute that have regulatory and... 2016
Jonathan Grant ADDRESS CONFIDENTIALITY AND REAL PROPERTY RECORDS: SAFEGUARDING INTERESTS IN LAND WHILE PROTECTING BATTERED WOMEN 100 Minnesota Law Review 2577 (June, 2016) Unable to sleep, Jane Doe, a Connecticut woman, left the bedroom she shared with her husband to sleep on the couch in their living room. Later that night, her husband came out to the living room and said to his pregnant wife, I should just take both of you out right now. The beating he delivered after those words sent Jane to the hospital. Years... 2016
Courtney Lauren Anderson AFFIRMATIVE ACTION FOR AFFORDABLE HOUSING 60 Howard Law Journal 105 (Fall, 2016) INTRODUCTION. 106 I. SEGREGATION IN PUBLIC HOUSING AND AFFORDABLE HOUSING. 111 A. Isolation and Integration. 114 B. Education and Segregation. 116 C. The Fair Housing Act. 117 D. Disparate Impact. 120 II. TEXAS DEPT. OF HOUSING & COMMUNITY AFFAIRS V. THE INCLUSIVE COMMUNITIES PROJECT, INC.. 126 A. The Texas Case Holding. 133 B. Limiting Disparate... 2016
James J. Kelly, Jr. AFFIRMATIVELY FURTHERING NEIGHBORHOOD CHOICE: VACANT PROPERTY STRATEGIES AND FAIR HOUSING 46 University of Memphis Law Review 1009 (Summer 2016) I. Introduction. 1009 II. Affirmatively Furthering Fair Housing. 1013 III. Discussing Market-Sensitive Vacant Property Strategies in Assessments of Fair Housing and Consolidated Plans. 1026 2016
Julia Garrison BECAUSE SEPARATE IS NOT EQUAL: THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING CAN HELP REVIVE SCHOOL INTEGRATION 23 Georgetown Journal on Poverty Law and Policy 571 (Spring, 2016) Place Matters. The zip code where you live can determine what school you attend, whether you have access to grocery stores, whether you have access to public transportation, and whether you go to bed to the sound of gunshots or to a peaceful silence. Children raised in higher-opportunity areas commit fewer crimes, have access to better schools,... 2016
Katherine Hannah CARRYING OUT THE PROMISE: HOW SHARED EQUITY MODELS CAN SAVE AFFORDABLE HOUSING 23 Georgetown Journal on Poverty Law and Policy 521 (Spring, 2016) Situated in the northwest quadrant of Washington, D.C. is a popular neighborhood with a rich history and lively population: Columbia Heights. Other than its nickname as part of the riot corridor, there is nothing unusually unique about this neighborhood, but Columbia Heights is one of many neighborhoods in D.C. and other parts of the United... 2016
Kristin Niver CHANGING THE FACE OF URBAN AMERICA: ASSESSING THE LOW-INCOME HOUSING TAX CREDIT 102 Virginia Law Review Online 48 (June, 2016) ON June 25, 2015, the U.S. Supreme Court held that Low-Income Housing Tax Credit (LIHTC) allocations could violate the Fair Housing Act (FHA) if used to perpetuate racially concentrated poverty. On the heels of this decision, on July 8, 2015, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the FHA's... 2016
Ann Cammett CONFRONTING RACE AND COLLATERAL CONSEQUENCES IN PUBLIC HOUSING 39 Seattle University Law Review 1123 (Summer, 2016) C1-2Contents Introduction. 1124 I. Race-Based Discrimination in Housing: An American History. 1125 A. Private Discrimination. 1126 B. State-Sponsored Discrimination. 1128 C. The Fair Housing Acts. 1131 D. The High Cost of Race Discrimination in Housing. 1132 II. Collateral Damage: The Racial Impact of Mass Criminalization in Public Housing. 1135 A.... 2016
Amanda R. Engel CONSTITUTIONAL CONCERNS IN SECTION 8 HOUSING: TRANSFER VOUCHER TERMINATIONS AND THE IMPACT ON PARTICIPANT FAMILIES 94 Washington University Law Review 485 (2016) Currently, there is a procedural due process void in the existing Section 8 housing regulations, which is having immediate, harmful effects on program participants. When a Section 8 Housing Assistance Program participant wishes to move, he receives a transfer voucher from the local Public Housing Agency (PHA). The PHA then has the discretion to... 2016
Melissa Fussell DEAD MEN BRING NO CLAIMS: HOW TAKINGS CLAIMS CAN PROVIDE REDRESS FOR REAL PROPERTY OWNING VICTIMS OF JIM CROW RACE RIOTS 57 William and Mary Law Review 1913 (April, 2016) Introduction. 1914 I. A Real Property Remedy for Race Riot Victims. 1917 A. Race Riots as a Source of Real Property Claims. 1917 B. The Ocoee Riot and Real Property Claims. 1919 C. Standing for Descendants of Property Takings Victims. 1924 II. A Takings Claim Solution to the Real Property Harms of Race Riots. 1926 A. Physical Occupation of Real... 2016
Steven L. Nelson DIFFERENT SCRIPT, SAME CASTE IN THE USE OF PASSIVE AND ACTIVE RACISM: A CRITICAL RACE THEORY ANALYSIS OF THE (AB)USE OF "HOUSE RULES" IN RACE-RELATED EDUCATION CASES 22 Washington and Lee Journal of Civil Rights and Social Justice 297 (Summer, 2016) C1-3Table of Contents I. Introduction. 298 II. The Half-Hearted Attempt to Desegregate Schools: The Creation of a White Power to Dictate the Pace of Forgiveness via Brown and its Progeny. 300 A. The Illusion of Forced Integration: The Court's Approval of Integration on the Terms of Whites. 301 B. The Delusional Responses to Efforts to Forcibly... 2016
Bernadette Atuahene DIGNITY TAKINGS AND DIGNITY RESTORATION: CREATING A NEW THEORETICAL FRAMEWORK FOR UNDERSTANDING INVOLUNTARY PROPERTY LOSS AND THE REMEDIES REQUIRED 41 Law and Social Inquiry 796 (Fall, 2016) In We Want What's Ours: Learning from South Africa's Land Restitution Program, I introduced the concept of dignity takings, which I defined as property confiscation that involves the dehumanization or infantilization of the dispossessed. I argued that the appropriate remedy for a dignity taking is dignity restoration: material compensation to... 2016
Deena Greenberg , Carl Gershenson , Matthew Desmond DISCRIMINATION IN EVICTIONS: EMPIRICAL EVIDENCE AND LEGAL CHALLENGES 51 Harvard Civil Rights-Civil Liberties Law Review 115 (Winter 2016) Tens of thousands of housing discrimination complaints are filed each year. Although there has been extensive study of discrimination in the rental market, discrimination in evictions has been largely overlooked. This is because determining whether discrimination exists in evictions presents several challenges. Not only do landlords typically have... 2016
Stephen Ansolabehere , Bernard L. Fraga DO AMERICANS PREFER COETHNIC REPRESENTATION? THE IMPACT OF RACE ON HOUSE INCUMBENT EVALUATIONS 68 Stanford Law Review 1553 (June, 2016) Abstract. Theories of representation often assert that citizens prefer representatives who are of the same racial or ethnic background as themselves. Examining surveys of over 80,000 individuals, this Article quantifies the preference for coethnic representation among whites, blacks, and Hispanics. The large sample size provides sufficient... 2016
Richard Winger DOES THE CONSTITUTION PROVIDE MORE BALLOT ACCESS PROTECTION FOR PRESIDENTIAL ELECTIONS THAN FOR U.S. HOUSE ELECTIONS? 85 Fordham Law Review 1113 (December, 2016) Both the U.S. Constitution and The Federalist Papers suggest that voters ought to have more freedom to vote for the candidate of their choice for the U.S. House of Representatives than they do for the President or the U.S. Senate. Yet, strangely, for the last thirty-three years, the U.S. Supreme Court and lower courts have ruled that the... 2016
Victor J. Pinedo EMBRACING THE EXCLUDED: USING MANDATORY INCLUSIONARY ZONING TO AFFIRMATIVELY FURTHER FAIR HOUSING IN ST. LOUIS 26 Cornell Journal of Law & Public Policy 419 (Winter 2016) L1-2Introduction . L3420 I. Background. 422 A. History of Segregation in St. Louis. 422 1. Early Roots. 422 2. Modern Practices and Further Entrenchment. 423 3. Government Fragmentation--A Compounding Factor. 424 B. The Fair Housing Act and HUD's Final Rule. 425 II. How to Adopt Inclusionary Zoning. 428 A. Inclusionary Zoning--Why a Mandatory... 2016
  FAIR HOUSING IN FOCUS: HUD'S NEXT STEPS IN COMBATTING HOUSING DISCRIMINATION 24 Journal of Affordable Housing & Community Development Law 383 (2016) In the past year, no other part of the U.S Department of Housing and Urban Development (HUD) has been in the spotlight more than the Office of Fair Housing and Equal Opportunity (FHEO). FHEO has a broad mandate to set policies that promote economic opportunity and inclusive communities as well as to enforce current fair housing laws that prohibit... 2016
Gregory S. Alexander FIVE EASY PIECES: RECURRENT THEMES IN AMERICAN PROPERTY LAW 38 University of Hawaii Law Review 1 (Winter, 2016) The title of my article, Five Easy Pieces, may not resonate with those of you who are too young to remember Jack Nicholson as a budding young movie star cut out of the James Dean mold. For those who do remember, it is, of course, the title of one of Nicholson's early (and, to my mind, greatest) movies. Jack's five easy pieces were piano pieces,... 2016
Mary Szto FROM EXCLUSION TO EXCLUSIVITY: CHINESE AMERICAN PROPERTY OWNERSHIP AND DISCRIMINATION IN HISTORICAL PERSPECTIVE 25 Journal of Transnational Law & Policy 33 (2015-2016) I. Introduction. 34 II. Today's Chinese Real Estate Investors. 37 III. The Maritime Silk Road and Early Chinese Arrivals in the US. 42 A. The Maritime Silk Road. 43 B. The 1849 Gold Rush. 45 IV. Violence, Anti-Chinese Legislation, and Resistance. 47 V. Building of the Transcontinental Railroad (1863-1869). 49 VI. The 1868 Burlingame Treaty. 53 VII.... 2016
Afua S. Akoto FROM HIGH TO HOMELESS: THE COST OF SMOKING MEDICAL MARIJUANA IN FEDERALLY FUNDED PUBLIC HOUSING 31 Connecticut Journal of International Law 257 (Spring, 2016) Introduction.. 259 I. Being Mary Jane: An Overview of Marijuana. 260 II. Puff Puff Past: A History of Marijuana and Public Housing. 262 A. Netherlands - A Relaxed and Tolerant Policy. 262 1. Green Grass All Around: Public Housing as a Social Necessity. 264 B. United States - No Smoking that Loud. 265 1. Pitfalls and Pot Holes: The Rise and Fall of... 2016
Eden Thompson HELLO, CONGRESS, ARE YOU THERE? IT'S ME, THE FAIR HOUSING ACT (FHA): CONGRESSIONAL REENACTMENT OF THE FHA IN TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 84 University of Cincinnati Law Review 1431 (2016) Congress' approval rating has sharply declined in the last few decades. In November 2015, just 11% of Americans approved of the way Congress is handling its job. In January 2013, a survey of American voters revealed that Americans had a more favorable opinion of root canals, cockroaches, and traffic jams than Congress. This is likely attributable... 2016
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