Author | Title | Citation | Summary | Year |
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 |
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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 |
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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 |
Joseph William Singer |
INDIAN TITLE: UNRAVELING THE RACIAL CONTEXT OF PROPERTY RIGHTS, OR HOW TO STOP ENGAGING IN CONQUEST |
10 Albany Government Law Review 1 (2017) |
It has never been contended, that the Indian title amounted to nothing. Their right of possession has never been questioned. The claim of government extends to the complete ultimate title, charged with this right of possession, and to the exclusive power of acquiring that right. Johnson v. M'Intosh (1823) [The Indian] right of occupancy is... |
2017 |
Eric R. Claeys |
LABOR, EXCLUSION, AND FLOURISHING IN PROPERTY LAW |
95 North Carolina Law Review 413 (January, 2017) |
This Article presents a natural rights justification for property rights in a theory called productive labor theory. Productive labor theory sets forth a Lockean, labor-based case for property. It links property to human interests in flourishing--specifically in interests in using ownable resources to produce comtituent elements of survival or... |
2017 |
Alison Tanner |
LIVE AND LEARN: USING THE FAIR HOUSING ACT TO ADVANCE EDUCATIONAL OPPORTUNITY FOR PARENTING STUDENTS |
105 Georgetown Law Journal 1453 (June, 2017) |
C1-2Table of Contents Introduction. 1454 I. Housing for Student-Parents. 1456 a. the unmet housing needs of student-parents. 1457 b. the legal gap for student-parents. 1460 II. Applying the FHA to University-Provided Housing. 1461 a. the fha's prohibition on discrimination based on familial status. 1461 b. the statutory definition of dwelling... |
2017 |
Julie Gilgoff |
LOCAL RESPONSES TO TODAY'S HOUSING CRISIS: PERMANENTLY AFFORDABLE HOUSING MODELS |
20 CUNY Law Review 587 (Spring, 2017) |
C1-2Contents Introduction. 588 I. Community Land Trusts. 588 A. Permanently Affordable Housing Models Rectify the Consequences of Discriminatory Housing Policies: Benefits of CLTs. 591 II. A Comparative Study of CLTs: New York and the Bay Area. 595 A. New York City. 596 1. NYCHA. 596 2. Mitchell-Lama Housing. 598 3. Mandatory Inclusionary Housing.... |
2017 |
Jesse D.H. Snyder |
NO NEED FOR CITIES TO DESPAIR AFTER BANK OF AMERICA CORPORATION v. CITY OF MIAMI: HOW PATENT LAW CAN ASSIST IN PROVING PREDATORY LOANS DIRECTLY CAUSE MUNICIPAL BLIGHT UNDER THE FAIR HOUSING ACT |
70 Maine Law Review 63 (2017) |
I. Introduction II. Racial Segregation and the Fair Housing Act Through October Term 2014 A. The Fair Housing Act: Acknowledgement that Fairness in Housing is Inviolable B. Disparate Impact and the Maturing Views of the Fair Housing Act III. Bank of America and City Standing Under the Fair Housing Act A. The Genesis of City Lawsuits Under the Fair... |
2017 |
Sydney Hawthorne |
PEOPLE OR PLACE: WHICH APPROACH IS SUPERIOR WHEN IT COMES TO ADDRESSING EDUCATION REFORM THROUGH COMMUNITY DEVELOPMENT AND HOUSING POLICY? |
52 Gonzaga Law Review 109 (2016/2017) |
C1-3Table of Contents I. Introduction. 110 II. A Call for Action: The State of America's Education System for Low-Income and minority families in Urban Centers. 111 III. Using a People-Based Approach to Improve Educational Opportunities for Low Income and Minority Families and Children. 114 A. The Shortcomings of Housing Vouchers in the Context of... |
2017 |
Lynda L. Butler |
PROPERTY AS A MANAGEMENT INSTITUTION |
82 Brooklyn Law Review 1215 (Spring, 2017) |
The institution of property serves an important management function for society, guiding the use of resources among its members by delegating to the owner the power to decide how and when to use a resource. Under the dominant American approach, this delegation recognizes broad decision-making powers in the individual property owner. Grounded in an... |
2017 |
Lawrence Brown, PhD |
PROTECT WHOSE HOUSE? HOW BALTIMORE LEADERS FAILED TO FURTHER AFFORDABLE AND FAIR HOUSING IN PORT COVINGTON |
6 University of Baltimore Journal of Land and Development 161 (Spring, 2017) |
They will try to break you Time has been a comin for reckoning for sobering for unshackling for truth Kingdoms Redemption, Tariq Toure in Black Seeds In the days and weeks following the April 27, 2015 Baltimore Uprising, politicians and civil leaders promised that things would change and be different in the wake of the most explosive social and... |
2017 |
Emily Rees Brown |
PUBLIC-PRIVATE PARTNERSHIPS: HUD'S LOST OPPORTUNITIES TO FURTHER FAIR HOUSING |
21 Lewis & Clark Law Review 735 (2017) |
This Article examines important yet rarely discussed barriers to dismantling residential segregation in the United States: federal regulations that prevent recipients of federal housing dollars from productively engaging the private sector and effectively navigating the private housing market. These U.S. Department of Housing and Urban Development... |
2017 |
Ambur Smith |
REACTION TO: THE HARMS OF RACE-NEUTRALITY IN OBAMA-ERA AFFORDABLE HOUSING POLICY |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 199 (Fall, 2017) |
This reaction piece will analyze and comment on the recommendations made with regard to the foreseeably discriminatory, and inadequate nature of the Obama Administration's Choice Neighborhoods Initiative (CNI) in Richard Marsico's Note, The Harms of Race-Neutrality in Obama-Era Affordable Housing Policy. Ultimately, I advance the idea that... |
2017 |
James Grimmelmann |
REAL + IMAGINARY = COMPLEX: TOWARD A BETTER PROPERTY COURSE |
66 Journal of Legal Education 930 (Summer, 2017) |
The first-year course in property has a dreadful reputation. When the St. Louis University Law Review invited four students to contribute to a symposium on teaching property, three of the four used the occasion to bash the course. One began with the hypothesis that it shouldn't be a required course. Another wrote, I must admit my disappointment... |
2017 |
Alan C. Weinstein |
REFLECTIONS ON THE PERSISTENCE OF RACIAL SEGREGATION IN HOUSING |
45 Capital University Law Review 59 (Winter, 2017) |
My reflection on Professor Roberts' Sullivan Lecture poses two questions. First, how far have we come as a nation from the hyper-segregated housing patterns of the 1930s through 1960s that Professor Roberts described in her lecture? Regrettably, the answer appears to be not far at all. Further, we are today faced with a second form of... |
2017 |
Paul A. Diller |
REORIENTING HOME RULE: PART 2--REMEDYING THE URBAN DISADVANTAGE THROUGH FEDERALISM AND LOCALISM |
77 Louisiana Law Review 1045 (Summer, 2017) |
C1-3Table of Contents Introduction. 1046 I. Remedying the Urban Disadvantage in the Federal Order. 1051 A. States Suffer Urban Disadvantage Too. 1055 B. Assessing Big-State Immunity to Preemption. 1059 C. Assessing Big-City Immunity to Preemption. 1062 II. Constitutional Home Rule or Mini Tenth Amendments. 1064 A. Constitutional, or Imperio, Home... |
2017 |
Billy Gage Raley |
SAFE AT HOME: ESTABLISHING A FUNDAMENTAL RIGHT TO HOMESCHOOLING |
2017 Brigham Young University Education and Law Journal 59 (2017) |
Over the past thirty years, homeschooling has exploded in popularity. The U.S. Department of Education estimates that nearly two million children were homeschooled in the United States as of 2011. It is predicted that [w]ith an increasing array of services available to homeschool students and their families, the number of homeschool students will... |
2017 |
Lee Anne Fennell |
SEARCHING FOR FAIR HOUSING |
97 Boston University Law Review 349 (March, 2017) |
Introduction. 350 I. Is Homeseeking Harmless?. 356 A. The Harms of Biased Search. 357 1. Search Heuristics and Racial Bias. 358 2. Proxies and Preferences. 363 3. Search as an Impediment to Fair Housing. 367 B. Are There Countervailing Considerations?. 369 1. Gentrification and Displacement. 369 2. Minority Preferences for Segregated Neighborhoods.... |
2017 |
Tess Fortune |
SEGREGATED HOUSING: CELEBRATORY OR DISCRIMINATORY? |
46 Journal of Law and Education 599 (Fall, 2017) |
In 2016, several universities in the United States enacted racially segregated housing policies in on-campus dormitory buildings. These policies reserve specified dorm blocks in which only qualified students can live. For a student to be qualified, they must meet three criteria: be enrolled in the school, wish to live in these blocks, and be a... |
2017 |
Robert G. Schwemm |
SEGREGATIVE-EFFECT CLAIMS UNDER THE FAIR HOUSING ACT |
20 NYU Journal of Legislation and Public Policy 709 (2017) |
Introduction. 710 I. Principles for Proving Segregative Effect in FHA Cases. 712 A. Basic Framework of a FHA Segregative-Effect Claim: The Three Steps. 712 B. Distinguishing Disparate-Impact from Segregative-Effect Claims. 713 C. Segregative-Effect Cases Before and After HUD's 2013 Regulation. 715 1. Foundation Cases: Black Jack, Arlington Heights,... |
2017 |
Louis S. Rulli |
SEIZING FAMILY HOMES FROM THE INNOCENT: CAN THE EIGHTH AMENDMENT PROTECT MINORITIES AND THE POOR FROM EXCESSIVE PUNISHMENT IN CIVIL FORFEITURE? |
19 University of Pennsylvania Journal of Constitutional Law 1111 (June, 2017) |
Civil forfeiture laws permit the government to seize and forfeit private property that has allegedly facilitated a crime without ever charging the owner with any criminal offense. The government extracts payment in kind--property-- and gives nothing to the owner in return, based upon a legal fiction that the property has done wrong. As such, the... |
2017 |
Solangel Maldonado |
SHARING A HOUSE BUT NOT A HOUSEHOLD: EXTENDED FAMILIES AND EXCLUSIONARY ZONING FORTY YEARS AFTER MOORE |
85 Fordham Law Review 2641 (May, 2017) |
Moore v. City of East Cleveland is undeniably a victory for extended families that do not conform to the nuclear family form because the state can no longer prevent them from living together in one household. In particular, it is a victory for families of color, immigrants, and economically vulnerable families who are more likely to reside with... |
2017 |
Vicki Been, Leila Bozorg |
SPIRALING: EVICTIONS AND OTHER CAUSES AND CONSEQUENCES OF HOUSING INSTABILITY EVICTED: POVERTY AND PROFIT IN THE AMERICAN CITY. BY MATTHEW DESMOND. NEW YORK, N.Y.: CROWN PUBLISHERS. 2016. PP. XI, 418. $28.00 |
130 Harvard Law Review 1408 (March, 2017) |
Our discussions about the nation's housing affordability crisis usually begin with challenges in the market: the population of renters is increasing in metropolitan areas across the United States, the supply of rental housing is not keeping pace, and the supply that does exist is increasingly priced out of reach for the typical renter. Changes in... |
2017 |
Cassandra Jones Havard |
THE COMMUNITY REINVESTMENT ACT, BANKS, AND THE LOW INCOME HOUSING TAX CREDIT INVESTMENT |
26 Journal of Affordable Housing & Community Development Law 415 (2017) |
I. Introduction. 415 II. Identifying Congruencies. 417 A. LIHTC and the CRA. 417 B. Affordable Housing Success. 418 1. CRA and the LIHTC Program. 418 2. CRA and Housing Finance Agencies (HFAs). 421 III. CRA and LIHTC. 423 A. Pricing. 424 B. Syndication. 425 C. Geography. 427 IV. Proposed Reforms. 430 A. Pricing. 430 B. Syndication. 431 C.... |
2017 |
Alan Mallach |
THE ELUSIVE GOAL OF A DECENT HOME AND A SUITABLE LIVING ENVIRONMENT: CONFRONTING TODAY'S HOUSING CHALLENGES |
51 University of San Francisco Law Review 75 (2017) |
DECENT HOUSING IS A FUNDAMENTAL HUMAN NEED, and how to address that need is an issue that has bedeviled not only the United States, but also every developed nation, for the past hundred years or more. In the United States, while there had been limited federal engagement with housing policy during the early part of the 20th century, it was during... |
2017 |
David Reiss |
THE FEDERAL HOUSING ADMINISTRATION AND AFRICAN-AMERICAN HOMEOWNERSHIP |
26 Journal of Affordable Housing & Community Development Law 123 (2017) |
The United States Federal Housing Administration (FHA) has been a versatile tool of government since it was created during the Great Depression. It achieved success with some of its goals and had a terrible record with others. Its impact on African-American households falls, in many ways, into the latter category. The FHA began redlining... |
2017 |
Nancy Leong |
THE FIRST AMENDMENT AND FAIR HOUSING IN THE PLATFORM ECONOMY |
78 Ohio State Law Journal 1001 (2017) |
The platform economy--a marketplace made up of businesses that profit by connecting providers of goods and services with users of those goods and services--challenges us to reevaluate our antidiscrimination laws. This Article considers one such challenge: how should public accommodation laws such as Title II of the Civil Rights Act of 1964 and the... |
2017 |
Richard Marsico |
THE HARMS OF RACE-NEUTRALITY IN OBAMA-ERA AFFORDABLE HOUSING POLICY |
9 Georgetown Journal of Law & Modern Critical Race Perspectives 175 (Fall, 2017) |
Today, public housing provides support for the least well-off in society, and its purpose is to assist those who would otherwise be unable to compete for housing in the private market. However, public housing was not originally intended to serve such a purpose. It originated under the New Deal to serve struggling middle class families during the... |
2017 |
Andrew Howell |
THE IMPACTS OF ALLOWING CITIES TO HAVE STANDING AGAINST PREDATORY LENDERS UNDER THE FAIR HOUSING ACT |
7 University of Baltimore Journal of Land and Development 11 (Fall, 2017) |
Bank of America and Wells Fargo Banks are corporations that regularly deal in the area of real-estate transactions Notably, the Banks lend money to persons who meet certain requirements. These borrowers then reimburse the Banks the money lent to them as well as interest on the money borrowed, over a period time. The Banks were supposedly... |
2017 |
Conor Arpey |
THE MULTIFACETED MANIFESTATIONS OF THE POOR DOOR: EXAMINING FORMS OF SEPARATION IN INCLUSIONARY HOUSING |
6 American University Business Law Review 627 (2017) |
Introduction. 628 II. The Development of Inclusionary Housing Programs. 630 A. The MPDU Program's Legal and Demographic Context. 631 B. Federal Housing Discrimination Standards for Municipal Zoning Ordinances. 632 C. Statutory Changes to New York's 421-a Program. 637 III. Assessing the Viability of a Potential Disparate Impact Claim and the... |
2017 |
Chad Marzen , Darren A. Prum , Robert J. Aalberts |
THE NEW SHARING ECONOMY: THE ROLE OF PROPERTY, TORT, AND CONTRACT LAW FOR MANAGING THE AIRBNB MODEL |
13 NYU Journal of Law & Business 295 (Winter, 2017) |
L1-2Introduction . L3296 I. The Airbnb Model: The Role of Property, Tort, and Contract Law. 298 A. The Airbnb Model. 298 B. The Airbnb Model and Traditional Liability Issues. 301 1. Premises Liability. 304 2. Nuisance. 307 3. Right to Privacy: Intrusion on Seclusion. 311 4. Property Damage or Loss. 313 a. Conversion. 314 b. Negligence. 315 II.... |
2017 |
Jonathan Zasloff |
THE PRICE OF EQUALITY: FAIR HOUSING, LAND USE, AND DISPARATE IMPACT |
48 Columbia Human Rights Law Review 98 (Spring, 2017) |
Zoning may be good or bad, but the Fair Housing Act is not the charter of its abolition. --Richard A. Posner Well, that was a surprise. Few expected that the Supreme Court would uphold disparate-impact liability under the Fair Housing Act (FHA), but in Texas Department. of Community Affairs v. Inclusive Communities Project, it did so. The decision... |
2017 |
Sam Magavern , Aaron Bartley |
THE PUSH GREEN DEVELOPMENT ZONE: BUILDING HOUSING EQUITY FROM THE GROUND UP |
65 Buffalo Law Review 237 (January, 2017) |
The struggle for housing equity requires multiple strategies that vary from region to region and change over time. In this article, we describe one effort that is finding success in Buffalo, New York: the creation of a Green Development Zone through a combination of community organizing, policy advocacy, workforce development, green, affordable... |
2017 |
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 |