Charles M. Lamb , Randolph S. Kent , Jacqueline M. Sievert , Michael R. Staszkiw , Elizabeth A. Tillman HMDA, HOUSING SEGREGATION, AND RACIAL DISPARITIES IN MORTGAGE LENDING 12 Stanford Journal of Civil Rights & Civil Liberties 249 (June, 2016) Housing segregation and discrimination remain tenacious problems in America. This Article first explores the passage of the Home Mortgage Disclosure Act (HMDA) of 1975 and its 1989 amendments in order to clarify their objectives and requirements for providing data to the public that potentially may be used to combat redlining and lending... 2016
Dayne Lee HOW AIRBNB SHORT-TERM RENTALS EXACERBATE LOS ANGELES'S AFFORDABLE HOUSING CRISIS: ANALYSIS AND POLICY RECOMMENDATIONS 10 Harvard Law & Policy Review 229 (Winter, 2016) Los Angeles, California, is in the midst of an affordable housing crisis. Rents have increased by 7.3% in 2014 alone, and the median renting household already spends 47% of its income on housing. This crisis has added fuel to the contentious debate over Airbnb, a startup technology company that facilitates short-term rentals (STRs) of residential... 2016
J. Janewa Osei-Tutu HUMAN DEVELOPMENT AS AN INTELLECTUAL PROPERTY METRIC 90 Saint John's Law Review 711 (Fall, 2016) The need to balance the interests of the creator against the interests of the public is a recurring theme in international intellectual property (IP) law. This is reflected in the access to medicines, access to food, and access to knowledge movements, among others. The access to medicines movement has been relatively effective, with civil society... 2016
J. William Callison INCLUSIVE COMMUNITIES: GEOGRAPHIC DESEGREGATION, URBAN REVITALIZATION, AND DISPARATE IMPACT UNDERTHE FAIR HOUSING ACT 46 University of Memphis Law Review 1039 (Summer 2016) I. Introduction. 1039 II. The Inclusive Communities Case. 1042 III. Observations. 1048 IV. Conclusion. 1054 2016
Megan S. Wright INSTALLMENT HOUSING CONTRACTS: PRESUMPTIVELY UNCONSCIONABLE 18 Berkeley Journal of African-American Law & Policy 97 (2016) Using the case of the Contract Buyers League and the prevalence of colonias, where many homes are purchased on contract, this Article analyzes installment housing contracts with regard to the common law defense of unconscionability. Not only do the circumstances leading to such contracts, the terms of the contract, and the effects on buyers of the... 2016
Courtney Lauren Anderson INTEGRATE AND REACTIVATE THE 1968 FAIR HOUSING MANDATE 13 Hastings Race and Poverty Law Journal 1 (Winter, 2016) The Fair Housing Act (FHA or Act) was enacted in 1968 with the objective to provide, within constitutional limitations, for fair housing throughout the United States. The racial segregation and tensions that were rampant throughout the United States in the 1960s were the genesis of this legislation, which aimed to create a more integrated... 2016
  KEEPING CURRENT--PROPERTY 30-AUG Probate and Property 26 (July/August, 2016) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. ADVERSE POSSESSION: Operation of sprinkler system and routine yard maintenance are not notorious. In 2001, the Poulloses purchased a residential property with sod and an... 2016
  KEEPING CURRENT--PROPERTY 30-OCT Probate and Property 14 (September/October, 2016) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. BOUNDARY BY ACQUIESCENCE: Claimant may establish acquiescence when adjoining land is not occupied. For 20 years, Fautin occupied an area up to a fence purportedly... 2016
Marc D. Esterow LEAD US NOT INTO TEMPTATION: STASH HOUSE STINGS AND THE OUTRAGEOUS GOVERNMENT CONDUCT DEFENSE 8 Drexel Law Review Online 1 (Winter, 2016) Over the past two decades, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has helped convict hundreds of individuals by enticing them to commit fictional crimes. These operations, known as stash house stings, involve the recruitment by undercover agents of suspects to rob a residential house containing large amounts of drugs and... 2016
Kenneth A. Stahl LOCAL HOME RULE IN THE TIME OF GLOBALIZATION 2016 Brigham Young University Law Review 177 (2016) Cities are increasingly taking the lead in tackling global issues like climate change, financial regulation, economic inequality, and others that the federal and state governments have failed to address. Recent media accounts have accordingly praised cities as the hope of our globally networked future. This optimistic appraisal of cities is,... 2016
Matthew J. McGowan LOCATION, LOCATION, MIS-LOCATION: HOW LOCAL LAND USE RESTRICTIONS ARE DULLING HALFWAY HOUSING'S CRIMINAL REHABILITATION POTENTIAL 48 Urban Lawyer 329 (Spring, 2016) Former united states attorney general robert f. kennedy led the first nationwide crusade for pre-release community rehabilitation centers that sparked an on-again-off-again American love affair with the unique, though not revolutionary, corrections model. In 1961, the ill-fated United States Attorney General and First Brother could not have seemed... 2016
Danielle Thompson MIDWIVES AND PREGNANT WOMEN OF COLOR: WHY WE NEED TO UNDERSTAND INTERSECTIONAL CHANGES IN MIDWIFERY TO RECLAIM HOME BIRTH 6 Columbia Journal of Race and Law 27 (2016) The vast majority of births occur in hospitals attended by physicians. However, this has not always been the case. Prior to the turn of the twentieth century, home births held the majority and were primarily attended by midwives, the majority of whom were women of color and immigrant women. The move toward hospital birth is rarely discussed today... 2016
A. Mechele Dickerson MILLENNIALS, AFFORDABLE HOUSING, AND THE FUTURE OF HOMEOWNERSHIP 24 Journal of Affordable Housing & Community Development Law 435 (2016) I. Buying a Home: The Old-Fashioned Way. 437 II. Buying a Home: 21st Century Obstacles. 442 A. Young Workers and Income Insecurity. 442 B. Young Workers and Un- and Under-Employment. 444 C. Income Inequality. 446 D. Wealth. 447 1. Savings. 447 2. Inheritances. 448 3. Inequality Gaps. 449 E. College and Student Loan Debt. 452 F. Household Formation.... 2016
Stacy Seicshnaydre MISSED OPPORTUNITY: FURTHERING FAIR HOUSING IN THE HOUSING CHOICE VOUCHER PROGRAM 79 Law and Contemporary Problems 173 (2016) The premier rental housing program created in part to reduce isolation of low-income renters is marked by a series of missed opportunities to provide expanded housing choice and upward socioeconomic mobility for those harmed by racial and economic segregation. From the outset, the Housing Choice Voucher (HCV) Program was beset by widely recognized... 2016
Abraham Bell , Gideon Parchomovsky OF PROPERTY AND INFORMATION 116 Columbia Law Review 237 (January, 2016) The property-information interface is perhaps the most crucial and undertheorized dimension of property law. Information about property can make or break property rights. Information about assets and property rights can dramatically enhance the value of ownership. Conversely, a dearth of information can significantly reduce the benefits associated... 2016
Michelle Y. Ewert ONE STRIKE AND YOU'RE OUT OF PUBLIC HOUSING: HOW THE INTERSECTION OF THE WAR ON DRUGS AND FEDERAL HOUSING POLICY VIOLATES DUE PROCESS AND FAIR HOUSING PRINCIPLES 32 Harvard Journal on Racial & Ethnic Justice 57 (Spring, 2016) [T]he racist virus in the American blood stream still afflicts us: Negroes will encounter serious personal prejudice for at least another generation. Written in 1965, this dire prediction contained in the introduction to the Department of Labor's Moynihan Report proved to be both right and wrong in chilling ways. It proved true because racism... 2016
Nikki Leon PATHWAYS FROM PACIFIC SHORES: THE POWER OF "DIRECT" PROOF OF DISPARATE TREATMENT IN GROUP HOME LITIGATION 39 Thomas Jefferson Law Review 33 (Fall, 2016) C1-3Table of Contents I. INTRODUCTION. 34 II. GROUP HOMES AND THEIR MUNICIPAL REGULATION. 37 A. The Necessity of Group Homes. 37 B. Stigma and Costs Associated with Group Homes. 40 C. Approaches to Municipal Regulation of Group Homes. 42 III. THE FHAA AND ITS APPLICATION IN LITIGATION INVOLVING ZONING AND GROUP HOMES. 46 A. History and Aims of the... 2016
Brian J. Connolly PROMISE UNFULFILLED? ZONING, DISPARATE IMPACT, AND AFFIRMATIVELY FURTHERING FAIR HOUSING 48 Urban Lawyer 785 (Fall, 2016) On June 28, 2016 the Board Of County Commissioners of Douglas County, Colorado, a wealthy suburban county of approximately 325,000 residents near Denver, held a public meeting to determine whether the county should submit its annual action plan as required to receive more than $700,000 in U.S. Department of Housing and Urban Development (HUD) funds... 2016
Amnon Lehavi PROPERTY AND SECRECY 50 Real Property, Trust and Estate Law Journal 381 (Winter, 2016) Author's Synopsis: Real estate ownership is conventionally viewed as a clear matter of public record. Yet purchasers of real estate are increasingly employing legal techniques to preserve their anonymity by registering their properties through trustees or opaque shell companies. This turn of events calls for delineating the appropriate boundaries... 2016
John G. Sprankling PROPERTY AND THE ROBERTS COURT 65 University of Kansas Law Review 1 (November, 2016) How do property owners fare before the Roberts Court? Quite well. Owners prevail in 86% of civil property-related disputes with government entities. But this statistic does not tell the whole story. This Article demonstrates that under the leadership of Chief Justice Roberts the Court has expanded the constitutional and statutory protections... 2016
Taja-Nia Y. Henderson PROPERTY, PENALITY, AND (RACIAL) PROFILING 12 Stanford Journal of Civil Rights & Civil Liberties 177 (February, 2016) This Article historicizes societal associations of blackness with criminality through an examination of the peculiar role of criminal law enforcement mechanisms (and spaces) in the service of slavery in the early American South. I ask how slaveholders deployed public law enforcement resources to further their private interests in slavery and the... 2016
Jacquelyn Amour Jampolsky PROPERTY, SOVEREIGNTY, AND GOVERNABLE SPACES 34 Law & Inequality: A Journal of Theory and Practice 87 (Winter, 2016) This Article responds to the controversy surrounding the recent U.S. Supreme Court decision in Michigan v. Bay Mills Indian Community regarding off-reservation assertions of tribal sovereignty. Although the Bay Mills Court upheld tribal sovereign immunity over land purchased outside reservation boundaries, opinions about whether the decision was... 2016
Robert G. Schwemm, Calvin Bradford PROVING DISPARATE IMPACT IN FAIR HOUSING CASES AFTER INCLUSIVE COMMUNITIES 19 NYU Journal of Legislation and Public Policy 685 (2016) Disparate-impact claims under the federal Fair Housing Act (FHA) are now a well-established part of housing discrimination law, having been recognized for decades by the lower courts and recently endorsed by the Supreme Court in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. The Court in Inclusive... 2016
Timothy Wright PUTTING SOME OVER THE HILL: THE DISPARATE IMPACT OF DROUGHT IN CALIFORNIA 32 Journal of Environmental Law & Litigation 143 (2016) Introduction. 144 I. The California Drought's Causes and Severity. 146 II. California's Drought and Rural Marginalized Communities. 149 A. A Brief Racial History. 149 B. The Struggle for Water. 152 C. The Current Legal Framework for Water Access. 153 D. Recommendations. 155 III. California's Drought and Urban Marginalized Communities. 157 A. The... 2016
Patrick T. O'Keefe QUALIFIED MORTGAGES & GOVERNMENT REVERSE REDLINING: HOW THE CFPB'S QUALIFIED MORTGAGE REGULATIONS WILL HANDICAP THE AVAILABILITY OF CREDIT TO MINORITY BORROWERS 21 Fordham Journal of Corporate and Financial Law 413 (2016) Imprudent underwriting and mortgage origination in the years leading up to the Global Financial Crisis of 2007 and 2008 was determined to be one of its predominant causes. As a result, partly in an effort to protect consumers and ensure that lending institutions did not relapse into poor mortgage origination practices, Congress passed the... 2016
Meryem Dede RADICAL OPTIONS FOR SMALL TOWN PUBLIC HOUSING 23 Virginia Journal of Social Policy and the Law 129 (Winter 2016) Introduction. 130 I. A History of Public Housing. 132 II. Public Housing in Charlottesville, Virginia. 135 III. Why Public Housing Matters. 138 IV. The Rental Assistance Demonstration (RAD) Program. 141 V. Weaknesses of RAD. 144 A. Tenant Input, Notice and Relocation. 145 B. Long-Term Preservation of Low-Income Housing. 147 VI. Solutions to RAD's... 2016
Ian Blodger RECLASSIFYING GEOSTATIONARY EARTH ORBIT AS PRIVATE PROPERTY: WHY NATURAL LAW AND UTILITARIAN THEORIES OF PROPERTY DEMAND PRIVATIZATION 17 Minnesota Journal of Law, Science & Technology 409 (Winter, 2016) The impending catastrophic destruction of satellite communications necessitates an immediate reexamination of the underlying assumptions made about private property in outer space. Recent advances in technology have reduced barriers to space exploration and utilization, leading to increased investment in space in the form of satellites. This... 2016
M. Alexander Pearl REDSKINS: THE PROPERTY RIGHT TO RACISM 38 Cardozo Law Review 231 (October, 2016) Property rights serve human values. They are recognized to that end, and are limited by it. --Chief Justice Joseph Weintraub Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my... 2016
Otto J. Hetzel REFLECTIONS ON THE ENACTMENT OF THE 1968 FAIR HOUSING ACT 48 Urban Lawyer 311 (Spring, 2016) The fair housing act, title viii of the 1968 civil rights act, dealt with the fundamental right to housing and prohibited discrimination against purchasers and renters. It had an interesting enactment process that continues to have significance even today. It was passed by Congress in April 1968 with the acceptance of the United States House of... 2016
David Lurie RENTAL HOME SWEET HOME: THE DISPARATE IMPACT SOLUTION FOR RENTERS EVICTED FROM RESIDENTIAL FORECLOSURES 111 Northwestern University Law Review 239 (2016) Abstract--At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority--majority communities. Much of this attention--in both the media and in the legal arena-- has been devoted to homeowners disadvantaged by predatory... 2016
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