Paul A. Diller REORIENTING HOME RULE: PART 1-THE URBAN DISADVANTAGE IN NATIONAL AND STATE LAWMAKING 77 Louisiana Law Review 287 (Winter 2016) Legislators represent people, not trees or acres. Chief Justice Earl Warren, Reynolds v. Sims (1964) C1-3Table of Contents Introduction. 288 I. Empirical Premise: A Spatially Divided Electorate. 292 II. Normative Premises: One-Person, One-Vote and Partisan Fairness. 298 A. One-Person, One-Vote. 299 B. Partisan Fairness. 304 III. The Senate and... 2016
Brandon M. Weiss RESIDUAL VALUE CAPTURE IN SUBSIDIZED HOUSING 10 Harvard Law & Policy Review 521 (Summer, 2016) This Article argues that our primary federal subsidized housing production program, the Low-Income Housing Tax Credit (LIHTC), will result in the unnecessary forfeit of billions of dollars of government investment and the potential displacement of tens of thousands of households beginning in 2020 when LIHTC property use restrictions start to... 2016
Isaac Saidel-Goley ROMER v. EVANS AND HOUSE BILL 2: DÉJÀ VU ALL OVER AGAIN 38 Women's Rights Law Reporter 23 (Fall, 2016) Introduction I. Overview Of Amendment 2 and Romer v. Evans II. Overview Of House Bill 2 III. House Bill 2 Is Unconstitutional Under The Equal Protection Clause A. House Bill 2 Warrants Heightened Scrutiny Under The Equal Protection Clause i. Courts Should Recognize Sexual Orientation And Transgender Status As Suspect Classifications ii. Courts... 2016
Kellen Zale SHARING PROPERTY 87 University of Colorado Law Review 501 (Spring 2016) The sharing economy--the rapidly evolving sector of peer-to-peer transactions epitomized by Airbnb and Uber--is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in... 2016
Kate Sablosky Elengold STRUCTURAL SUBJUGATION: THEORIZING RACIALIZED SEXUAL HARASSMENT IN HOUSING 27 Yale Journal of Law & Feminism 227 (2016) Abstract: This Article identifies and analyzes the structural forces that permit and ignore racialized sexual harassment in housing. Although scholarship on sexual harassment in housing is sparse, the existing research and resulting body of law generally advances a narrative focused on the female tenants' economic vulnerability and violation of the... 2016
Laura S. Underkuffler SUBVERSIVE PROPERTY 50 New England Law Review 295 (Spring 2016) Mary Joe Frug was a brilliant academic and feminist whose writings made foundational contributions to American life. She was also a subversive. Her goal, through her writing and through her life, was to achieve social change by challenging established institutions and the ideological constructs that support them. Her goal was to illuminate what... 2016
Bernadette Atuahene TAKINGS AS A SOCIOLEGAL CONCEPT: AN INTERDISCIPLINARY EXAMINATION OF INVOLUNTARY PROPERTY LOSS 12 Annual Review of Law and Social Science 171 (2016) property, dignity takings, dignity restoration, new legal realism, reparations, adverse possession, squatting, eminent domain, dispossession, displacement This review seeks to establish takings as a respected field of sociolegal inquiry. In the legal academy, the term takings has become synonymous with constitutional takings. When defined more... 2016
  TAKINGS CLAUSE--AFFORDABLE HOUSING--CALIFORNIA SUPREME COURT UPHOLDS RESIDENTIAL INCLUSIONARY ZONING ORDINANCE.-- CALIFORNIA BUILDING INDUSTRY ASS'N v. CITY OF SAN JOSE, 351 P.3D 974 (CAL. 2015) 129 Harvard Law Review 1460 (March, 2016) Ghettoization, or the concentration of poverty within small geographic areas, has long plagued many cities. Ghettoization has wideranging impacts on both individuals and municipalities: for example, it begets racial segregation, limits access to quality education for the poor, contributes to increased crime, reduces private investment, and raises... 2016
Bruce J. Squillante TEMPLE-INLAND--REVEALING HOW THE STATES MOVED FROM JACKRABBITS TO PREDATORS IN TAKING UNCLAIMED PROPERTY 69 Tax Lawyer 773 (Summer, 2016) One of the most vexing current issues for holders of Unclaimed Property (UP) and their attorneys is how to address audit assessments for years where no records exist. Current U.S. Supreme Court rules date back to 1965 and dictate that the holder's domiciliary state is given priority over UP where the holder's records show no owner address. If the... 2016
Lindsay J. Gus THE FORGOTTEN RESIDENTS: DEFINING THE FOURTH AMENDMENT "HOUSE" TO THE DETRIMENT OF THE HOMELESS 2016 University of Chicago Legal Forum 769 (2016) The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter--all his force dares not cross the threshold of the ruined tenement! In March 2015, Los Angeles police officers shot and... 2016
Anne-Marie Carstens THE HOSTILITIES-OCCUPATION DICHOTOMY AND CULTURAL PROPERTY IN NON-INTERNATIONAL ARMED CONFLICTS 52 Stanford Journal of International Law 1 (Winter 2016) The protracted civil war in Syria and the recent onslaught of the Islamic State have devastated the rich cultural heritage of Syria and Iraq, among their many tragedies. In the wake of this devastation, much public discourse has predictably focused on the destruction and looting as war crimes that violate the well-entrenched prohibitions on... 2016
Alexandra M. Franco THE HOUSE STRIKES BACK: THE OBAMACARE SAGA AND AMERICAN DEMOCRACY IN THE ERA OF HOUSE v. BURWELL 26 Southern California Interdisciplinary Law Journal 25 (Fall, 2016) In late September 2015, John Boehner announced his resignation as Speaker of the House of Representatives. His decision came during a tumultuous time in American politics; the country is experiencing some of the worst partisan gridlock and political stalemate that it has ever experienced. Right now, Congress is largely unable to pass legislation... 2016
Lorren Patterson THE IMPACT OF DISPARATE IMPACT: THE BENEFITS OUTWEIGH THE COSTS OF RECOGNIZING DISPARATE IMPACT CLAIMS UNDER THE FAIR HOUSING ACT 8 Georgetown Journal of Law & Modern Critical Race Perspectives 211 (Spring, 2016) Focusing on the effect of a practice shifts focus away from the hearts and minds of decision makers and instead on the way in which a current practice tends to perpetuate and reinforce old patterns of segregation and exclusion. Claims of disparate impact, as opposed to claims of disparate treatment, focus on the effect of a certain policy or... 2016
Nicole Zub THE NATURE OF EQUALITY: PROMOTING ENVIRONMENTAL JUSTICE IN KENTUCKY VIA THE FAIR HOUSING ACT 8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 591 (2015-2016) Across the United States, certain communities are subjected to more environmental hazards and pollution than others. A visit to any of the major cities will illuminate the disparities in living and working conditions for particular neighborhoods and populations. Despite that state environmental agencies are subject to Title VI of the Civil Rights... 2016
Stephen M. Dane THE POTENTIAL 'IMPACT' OF TEXAS DEPARTMENT ON HOUSING AND COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT ON FUTURE CIVIL RIGHTS ENFORCEMENT AND COMPLIANCE 63-JUL Federal Lawyer 38 (July, 2016) In one of its last decisions of the 2014-15 term, the U.S. Supreme Court issued a significant civil rights decision interpreting the federal Fair Housing Act. At issue in Texas Department of Housing & Community Affairs v. Inclusive Communities Project was whether claims of disparate impact can be maintained under the Act. The Court concluded that... 2016
Isaac Saidel-Goley THE RIGHT SIDE OF HISTORY: PROHIBITING SEXUAL ORIENTATION DISCRIMINATION IN PUBLIC ACCOMMODATIONS, HOUSING, AND EMPLOYMENT 31 Wisconsin Journal of Law, Gender & Society 117 (Fall, 2016) Introduction. 118 I. Current Legal Land Scape. 120 A. Federal Statutes. 120 B. State Statutes. 121 C. Common Law. 122 II. Remedial Arguments for Legislatures. 123 A. Normative Argument. 124 i. Equal Access to Public Markets. 124 ii. Equal Dignity of Persons. 126 iii. Individual Autonomy. 127 iv. Religious Liberty. 128 B. Economic Argument. 134 i.... 2016
Jonathan Zasloff THE SECRET HISTORY OF THE FAIR HOUSING ACT 53 Harvard Journal on Legislation 247 (Winter, 2016) I. Introduction II. Enforcement in the Civil Rights Act of 1968. 250 III. Congress and the Civil Rights Act of 1966. 254 IV. The 90th Senate and the Precarious Leadership of Everett Dirksen. 256 V. Everett Dirksen in 1967-68: Problems at Home. 258 VI. Making A Deal. 260 A. The Senate Takes Up Civil Rights. 260 B. Don't Ask Me What I Had To Give... 2016
David Reiss UNDERWRITING SUSTAINABLE HOMEOWNERSHIP: THE FEDERAL HOUSING ADMINISTRATION AND THE LOW DOWN PAYMENT LOAN 50 Georgia Law Review 1019 (Summer, 2016) C1-2Table of Contents I. Introduction. 1021 II. The Failures of the FHA. 1029 III. The Role of the FHA in the Residential Mortgage Market. 1034 A. MORTGAGE INSURANCE EXPLAINED. 1041 B. A HISTORY OF THE FHA'S CHANGING MISSIONS. 1046 1. The 1930s: Creation and Execution. 1046 2. The 1940s: War Housing. 1052 3. The 1950s: The Maturation of the... 2016
Nate Ela URBAN COMMONS AS PROPERTY EXPERIMENT: MAPPING CHICAGO'S FARMS AND GARDENS 43 Fordham Urban Law Journal 247 (March, 2016) Over the past decade, scholars of law and geography have been foraging in America's cities, hunting for the commons. Along the way, a new common sense has cropped up, which takes urban farms and community gardens as prototypical examples of the urban commons. Farm fields and garden plots produce not only vegetables, the argument goes, but also... 2016
Jillisa Bronfman WEATHERING THE NEST: PRIVACY IMPLICATIONS OF HOME MONITORING FOR THE AGING AMERICAN POPULATION 14 Duke Law & Technology Review 192 (February 10, 2016) The research in this paper will seek to ascertain the extent of personal data entry and collection required to enjoy at least the minimal promised benefits of distributed intelligence and monitoring in the home. Particular attention will be given to the abilities and sensitivities of the population most likely to need these devices, notably the... 2016
John N. Robinson III WELFARE AS WRECKING BALL: CONSTRUCTING PUBLIC RESPONSIBILITY IN LEGAL ENCOUNTERS OVER PUBLIC HOUSING DEMOLITION 41 Law and Social Inquiry 670 (Summer, 2016) Scholarship on welfare privatization illustrates how the process often curtails and undermines public responsibility for the poor. In this article, I examine how recipients, policy makers, and judges participate in the legal process as a means of challenging and defending privatization. I look at cases of litigation initiated by public housing... 2016
Alfred L. Brophy WHEN MORE THAN PROPERTY IS LOST: THE DIGNITY LOSSES AND RESTORATION OF THE TULSA RIOT OF 1921 41 Law and Social Inquiry 824 (Fall, 2016) Bemadette Atuahene's We Want What's Ours focuses on deprivations that go beyond property losses. Her focus is on the dignity harms to South Africans over centuries, such as denial of citizenship, that accompanied the theft of their land. I focus here on one grotesque episode of violence, the Tulsa race riot of 1921, to gauge dignity takings in a US... 2016
Emily F. Regier WOMANLY PROPERTIES: POSSESSION AND REDEMPTION 38 Women's Rights Law Reporter 1 (Fall, 2016) In her landmark article, Whiteness as Property, Cheryl Harris critically considers the twisted relationship between race and property in America. Harris traces race from colonial times, when white identity emerged as a guarantee that one was the property holder and not the property held, to the modern era, in which whiteness as property endures... 2016
Heather G. Reid "MATURE PERSON PREFERRED": THE CIRCUIT SPLIT ON THE "ORDINARY READER" STANDARD FOR ADVERTISEMENTS IN VIOLATION OF THE FAIR HOUSING ACT 49 New England Law Review 697 (Summer, 2015) A FAMILY SIZE OF 2 PEPOLE [sic] ONLY!!!!!!!! WE MUST HAVE A WORKING COUPLE WITH 2 INCOMES; NORTHLAKE deluxe 1 BR apt, a/c, newer quiet bldg, pool, prkg, mature person preferred, credit checked. $395; 599/1br--Great Bachelor Pad! (Centerville). Our one bedroom apartments are a great bachelor pad for any single man looking to hook up--these... 2015
Kate Linden Morris "WITHIN CONSTITUTIONAL LIMITATIONS": CHALLENGING CRIMINAL BACKGROUND CHECKS BY PUBLIC HOUSING AUTHORITIES UNDER THE FAIR HOUSING ACT 47 Columbia Human Rights Law Review 158 (Winter 2015) Pursuant to federal One Strike legislation enacted in the 1980s and 1990s, many public housing authorities (PHAs) imposed blanket bans on tenants with criminal records--however minor, dated, or inapposite the offense. These zero tolerance policies go far beyond the requirements of the federal statutory regime. Practitioners have recently... 2015
Deborah Lolai "YOU'RE GOING TO BE STRAIGHT OR YOU'RE NOT GOING TO LIVE HERE": CHILD SUPPORT FOR LGBT HOMELESS YOUTH 24 Tulane Journal of Law & Sexuality At a time when hundreds of thousands of LGBT youth are homeless across the country, LGBT homeless youth are in desperate need of competent assistance from attorneys. In an effort to fulfill this dire need, this Article highlights a groundbreaking approach to securing housing and health for these young people. By drawing extensively on New York case... 2015
Alfred L. Brophy [RE]INTEGRATING SPACES: THE POSSIBILITIES OF COMMON LAW PROPERTY 2 Savannah Law Review 1 (2015) When the Savannah Law School renovated the Old Candler Hospital in Savannah, Georgia as their new building, they recreated a place of extraordinary beauty and history. This choice links the law school to a nearly two-hundred-year tradition at the center of this most beautiful City. I want to use this building's rededication to talk about the... 2015
Rasheedah Phillips ADDRESSING BARRIERS TO HOUSING FOR WOMEN SURVIVORS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT 24 Temple Political & Civil Rights Law Review 323 (Spring 2015) The effects and consequences of domestic violence and sexual assault go beyond physical, mental, and emotional abuse. In the United States, domestic violence -- including intimate partner violence, sexual assault, and stalking -- is a major cause of homelessness, specifically for women and children. There are an estimated 1.3 million female victims... 2015
LeighAnn M. Smith AFFIRMATIVELY FURTHER FAIR HOUSING--AND POTENTIALLY FURTHER FAIR SCHOOLING 24 Journal of Affordable Housing & Community Development Law 329 (2015) Of the nearly 3,800 census tracts in this country where more than 40 percent of the population is below the poverty line, about 3,000 (78 percent) are also predominantly minority. Racially or ethnically concentrated areas of poverty merit special attention because the costs they impose extend far beyond their residents, who suffer due to their... 2015
Aleatra P. Williams BENEATH THE STAINS OF TIME: THE BANALITY OF RACE, THE HOUSING AND FORECLOSURE CRISIS, AND THE FINANCIAL GENOCIDE OF MINORITIES 24 Boston University Public Interest Law Journal 247 (Summer 2015) I. Introduction. 247 II. The Conceptualization of Race & Socially Accepted Racial Hierarchies. 251 III. Homeownership in the U.S.. 257 IV. Lending discrimination during the housing and foreclosure crisis. 262 A. Lending Discrimination Laws and Enforcement Agencies. 264 B. Left Behind: Minorities During the Housing and Foreclosure Crisis. 271 V. The... 2015
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