Michael David Williams LAND COSTS AS NON-ELIGIBLE BASIS: ARBITRARY RESTRICTIONS ON STATE POLICYMAKING AUTHORITY IN THE LOW-INCOME HOUSING TAX CREDIT PROGRAM 18 NYU Journal of Legislation and Public Policy 335 (2015) Introduction. 336 I. The Location Decision. 339 A. Quantity Versus Quality. 339 B. The Importance of Neighborhood. 343 1. Education. 347 2. Health. 348 3. Economic Self-Sufficiency. 349 4. Public Safety. 350 II. Incentives in the Low-Income Housing Tax Credit Program. 351 A. The Low-Income Housing Tax Credit Program. 352 1. Applicable Fraction and... 2015
Brian E. Walters, Coauthor: David M. Walters , Coauthor: Jennifer Shamas LICENSED TO STEAL: TEXAS PRIVATE PROPERTY TOWING REGULATION AND CONSUMER REMEDIES 56 South Texas Law Review 509 (Spring 2015) I. Introduction. 510 II. Background and History of the TTBA. 512 A. What Is the TTBA and Where Did it Come From?. 512 1. History of the TTBA. 512 2. How Does the TTBA Work?. 512 III. TTBA Regulation of Private Property Tows. 513 A. Towing 101: The Three Types of Tows. 513 B. Authorization to Tow: Permitting and Licensing. 515 1. Permitting. 515 2.... 2015
Tim Iglesias MAXIMIZING INCLUSIONARY ZONING'S CONTRIBUTIONS TO BOTH AFFORDABLE HOUSING AND RESIDENTIAL INTEGRATION 54 Washburn Law Journal 585 (Summer 2015) Inclusionary zoning is a policy that can uniquely serve both affordable housing and fair housing at the same time. It has already been enacted in dozens of states. The U.S. Department of Housing and Urban Development (HUD) is close to finalizing its proposed Affirmatively Furthering Fair Housing regulation. Once this regulation is adopted,... 2015
Colin L. Anderson MEDIAN BANS, ANTI-HOMELESS LAWS AND THE URBAN GROWTH MACHINE 8 DePaul Journal for Social Justice 405 (Spring 2015) In July of 2013, the Portland, Maine City Council voted to prohibit individuals from standing in the city's many street medians. The City Council ostensibly passed the law out of concern for traffic safety, and not because of a desire to limit panhandling by the city's growing homeless population, who often stationed themselves on traffic islands... 2015
Lisa T. Alexander OCCUPYING THE CONSTITUTIONAL RIGHT TO HOUSING 94 Nebraska Law Review 245 (2015) I. Introduction 246 II. The Right to Housing and American Constitutional Norms. 251 A. The Right to Housing. 251 B. American Housing Rights and Constitutional Norms. 257 C. Popular Constitutionalism, Social Movements, and Private Law. 263 D. Local Property Reform as Popular Constitutionalism. 265 III. Occupying the American Right to Housing. 268 A.... 2015
Jonathon Angarola OHIO'S HOME-RULE AMENDMENT: WHY OHIO'S GENERAL ASSEMBLY CREATING REGIONAL GOVERNMENTS WOULD COMBAT THE REGIONAL RACE TO THE BOTTOM UNDER CURRENT HOME-RULE PRINCIPLES 63 Cleveland State Law Review 865 (2015) I. Introduction. 866 II. Home Rule in Ohio. 868 A. How Home Rule Became Law in Ohio. 868 B. Regional Problems Critics Attribute to Home-Rule Principles. 870 C. Home-Rule Advocates' Principal Arguments. 876 D. Today's Regional Alternative. 877 III. How a Regional Consciousness Would Internalize the Information Problem. 879 A. The Constitutionality... 2015
Toni Lester OPRAH, BEYONCÉ, AND THE GIRLS WHO "RUN THE WORLD" - ARE BLACK FEMALE CULTURAL PRODUCERS GAINING GROUND IN INTELLECTUAL PROPERTY LAW? 15 Wake Forest Journal of Business and Intellectual Property Law 537 (Spring, 2015) I. Introduction - What the Foremothers of Today's Black Female Cultural Producers Had to Contend With. 538 II. Part One - Using Critical Race, Feminist and Cultural Production Theory to Look at Black Female Cultural Production and the IP Regime. 543 III. Part Two: Success at Any Cost - Once Black Female Culture Producers Rise to the Top, Do They... 2015
Thomas Silverstein OVERCOMING LAND USE LOCALISM: HOW HUD'S NEW FAIR HOUSING REGULATION CAN PUSH STATES TO ERADICATE EXCLUSIONARY ZONING 5 University of Baltimore Journal of Land and Development 25 (Fall, 2015) Since 2009, the U.S. Department of Housing & Urban Development (HUD) and various housing and community development stakeholders have grappled with the question of what it means to affirmatively further fair housing (AFFH). In some respects, HUD's publication of a final AFFH rule on July 16, 2015 was the culmination of that process, but the rule did... 2015
Charles R. Lawrence III PASSING AND TRESPASSING IN THE ACADEMY: ON WHITENESS AS PROPERTY AND RACIAL PERFORMANCE AS POLITICAL SPEECH 31 Harvard Journal on Racial & Ethnic Justice 7 (Spring 2015) Cheryl Harris begins her canonical piece, Whiteness as Property, by introducing her grandmother Alma. Fair skinned with straight hair and aquiline features, Alma passes so that she can feed herself and her two daughters. Harris speaks of Alma's daily illegal border crossing into this land reserved for whites. After a day's work, Alma returns home... 2015
Brian J. Connolly , Dwight H. Merriam PLANNING AND ZONING FOR GROUP HOMES: LOCAL GOVERNMENT OBLIGATIONS AND LIABILITY UNDER THE FAIR HOUSING AMENDMENTS ACT 47 Urban Lawyer 225 (Spring, 2015) Across the diverse landscape of local land use matters, few regulatory issues and approval processes elicit as much emotion and opposition as planning and zoning decisions relating to housing for persons with disabilities. While such facilities have proven invaluably beneficial in the care and treatment of one of the most underserved populations in... 2015
Davida Finger POST-DISASTER HOUSING THROUGH THE LENS OF LITIGATION: THE KATRINA HOUSING JUSTICE DOCKET 61 Loyola Law Review 591 (Fall 2015) This Article discusses post-disaster housing rights violations and corresponding litigation following the 2005 Gulf Coast hurricanes. The Introduction offers a brief reflection, at the ten-year anniversary of Hurricanes Katrina and Rita, on post-disaster work at the Law Clinic of Loyola University New Orleans College of Law. It also presents a... 2015
Jaime Alison Lee POVERTY, DIGNITY, AND PUBLIC HOUSING 47 Columbia Human Rights Law Review 97 (Winter 2015) C1-2Table of Contents I. Introduction II. Culturalism and its Harms III. Countering Culturalism with Dignity a. Conditions Cases and The Due Process Revolution b. Applications in Public Housing i. Conditions ii. Adjudications iii. Rulemaking c. Culturalist Challenges to Procedure d. The Persistence of Culturalism IV. Extending Dignity a. Dignity... 2015
Andrew R. Brehm PRIVATE PROPERTY IN OUTER SPACE: ESTABLISHING A FOUNDATION FOR FUTURE EXPLORATION 33 Wisconsin International Law Journal 353 (Fall 2015) With modern developments in space exploration and the private race to space, the concept of private property acquisition in outer space has become a pertinent issue in international law. This article examines whether private actors can and should be permitted to acquire property rights in outer space in light of the goals of space exploration. This... 2015
Brian Sawers PROPERTY LAW AS LABOR CONTROL IN THE POSTBELLUM SOUTH 33 Law and History Review 351 (May, 2015) In 1860, unfenced land across the South was open to the public. No state criminalized trespass, and the range was closed in only part of one county. Elsewhere, some states had closed the range, but most unfenced land in the United States was open to the wanderer. In the former Confederacy, fresh elections were held in 1865, and legislatures moved... 2015
Valerie Schneider PROPERTY REBELS: RECLAIMING ABANDONED, BANK-OWNED HOMES FOR COMMUNITY USES 65 American University Law Review 399 (December, 2015) In urban cores, abandoned, bank-owned, foreclosed homes attract crime, drain value from neighboring properties, and deplete the resources of municipalities, creating economic black holes in communities. Groups of activists affiliated with the Occupy Our Homes movement have been working to undo the harm caused by these abandoned homes by placing... 2015
Richard Epstein PROPERTY RIGHTS IN WATER, SPECTRUM, AND MINERALS 86 University of Colorado Law Review 389 (Spring 2015) This essay compares the system of property rights that are in use for land, water, minerals, and spectrum. Each of these systems of property rights is intended to coordinate the activities of large numbers of individuals who are unable to contract among themselves for an arrangement that secures optimal resource use. The solutions that are... 2015
Natsu Taylor Saito RACE AND DECOLONIZATION: WHITENESS AS PROPERTY IN THE AMERICAN SETTLER COLONIAL PROJECT 31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... 2015
Mae Kuykendall RANDALL KENNEDY, FOR DISCRIMINATION: RACE, AFFIRMATIVE ACTION, AND THE LAW, NEW YORK: RANDOM HOUSE, 2013, PP. 304, $25.95 64 Journal of Legal Education 503 (February, 2015) With apologies to David Herbert Donald, who opened a chapter on Lincoln's marriage with a stark, unqualified description of conjugal misery drawn from popular opinion, let me begin a review of Professor Randall Kennedy's new book with my explanation (in partial imitation of Donald's ironic description) of race in much of popular and even judicial... 2015
Gwendolyn A. Wilson RECONSTRUCTING THE DEPARTMENT OF DEFENSE'S APPROACH TO FAIR HOUSING: EXTENDING THE AFFH MANDATE TO THE NON-MILITARY CIVILIANS DOD NOW HOUSES 44 Public Contract Law Journal 529 (Spring, 2015) I. Introduction. 530 II. Emergence and Structure of Military Housing Privatization Initiative Projects. 531 A. Key Components of MHPI Projects. 532 B. Early Benefits of MHPI Projects. 534 III. The DoD Must Take Affirmative Measures to Further Fair Housing for Civilian Waterfall Tenants. 535 A. Federal Law Establishes the AFFH Mandate. 535 B.... 2015
Jaime Alison Lee RIGHTS AT RISK IN PRIVATIZED PUBLIC HOUSING 50 Tulsa Law Review 759 (Spring 2015) I. Introduction. 760 II. Public Housing, Privatization, and Protections. 763 A. Brief History of the Public Housing Program and The Rise of Privately-Owned Alternatives. 763 B. Privatized Public Housing. 767 1. Economic Efficiency. 769 2. Long-Term Affordability for Residents. 771 3. Segregation and Race- and Place-Based Inequality. 774 C. Public... 2015
Stephen Clowney RULE OF FLESH AND BONE: THE DARK SIDE OF INFORMAL PROPERTY RIGHTS 2015 University of Illinois Law Review 59 (2015) In more recent years the belief that private citizens can structure their economic and social affairs at least as efficiently and effectively as a central authority has gained broad acceptance from commentators and scholars across the political and ideological spectrum. Nowhere has this idea gained more enthusiastic acceptance than in the arena of... 2015
Meredith Rieth SEGREGATION UNDER THE GUISE OF THE FAIR HOUSING ACT: AFFIRMATIVELY FURTHERING SEGREGATIVE (AND EXPENSIVE) HOUSING DEVELOPMENT 33 Law & Inequality: A Journal of Theory and Practice 285 (Winter, 2015) Segregation is alive and well in the United States. And while overt discrimination still exists, even well-intentioned programs can serve antithetical purposes if left unmonitored--a segregative use of the Fair Housing Act illuminates this reality. Facially neutral laws can be discriminatorily applied, underpinned with discriminatory purposes, or... 2015
Rigel C. Oliveri SETTING THE STAGE FOR FERGUSON: HOUSING DISCRIMINATION AND SEGREGATION IN ST. LOUIS 80 Missouri Law Review 1053 (Fall, 2015) What's past is prologue. The St. Louis Metropolitan area, which includes St. Louis City and St. Louis County (which itself contains ninety-one separate municipalities), is one of the most racially segregated places in the United States. One common measure of segregation is called a dissimilarity index, which refers to the evenness with which two... 2015
Bethany A. Corbin SHOULD I STAY OR SHOULD I GO?: THE FUTURE OF DISPARATE IMPACT LIABILITY UNDER THE FAIR HOUSING ACT AND IMPLICATIONS FOR THE FINANCIAL SERVICES INDUSTRY 120 Penn State Law Review 421 (Fall, 2015) The United States housing market was built on a structure of discrimination. From bias in lending to exclusionary zoning to state-sanctioned segregation, discrimination has existed as a pervasive and constant undertone in housing transactions. As early as 1968, Congress recognized the danger of racial discrimination in mortgage and housing terms... 2015
Jeanne C. Fromer SHOULD THE LAW CARE WHY INTELLECTUAL PROPERTY RIGHTS HAVE BEEN ASSERTED? 53 Houston Law Review 549 (2015) The American legal system has standard justification stories for our intellectual property systems. Copyright law exists to stimulate the creation and dissemination of creative and artistic works valued by society. Patent law does the same for scientific and technological inventions. These laws offer to creators time-limited exclusive rights to... 2015
Roger Clegg SILVER LININGS PLAYBOOK: "DISPARATE IMPACT" AND THE FAIR HOUSING ACT 2015 Cato Supreme Court Review 165 (2014-2015) In Texas Department of Housing and Community Affairs v. Inclusive Communities Project (Inclusive Communities), the Supreme Court at last resolved the issue of whether disparate impact causes of action may be brought under the Fair Housing Act (FHA), which was first passed in 1968 and then substantially amended and expanded in 1988. In brief,... 2015
Erika M. Page STATE CONSTITUTIONAL LAW-- THOROUGH AND UNIFORM EDUCATION--PROPERTY WEALTH-BASED SCHOOL FUNDING IN COLORADO IS CONSTITUTIONAL. LOBATO V. STATE, 304 P.3D 1132 (COLO. 2013). 67 Rutgers University Law Review 1289 (Summer, 2015) In Lobato v. State, the Supreme Court of Colorado held that Colorado's current public school financing system, despite allowing vast disparities in educational quality across school districts, was permissible under both the education clause and the local control clause of the Colorado Constitution. Although the Supreme Court of Colorado... 2015
Thomas Silverstein STATE LAND USE REGULATION IN THE ERA OF AFFIRMATIVELY FURTHERING FAIR HOUSING 24 Journal of Affordable Housing & Community Development Law 305 (2015) I. Nature and Power of States as HUD Program Participants. 308 A. Who Is the Grantee?. 308 B. States in the Federal System. 309 C. States and Localism. 309 II. Exclusionary Zoning, States, and Residential Racial Segregation. 311 A. Early Origins. 311 B. Exclusionary Zoning and the Fair Housing Act. 313 C. Exclusionary Zoning Today. 315 III.... 2015
by Rigel C. Oliveri, University of Missouri School of Law, Columbia, MO Texas Department of Housing and Community Affairs 42 No. 4 Preview of United States Supreme Court Cases 148 (January 12, 2015) The Fair Housing Act (FHA) makes it illegal to refuse to sell or rent or to otherwise make unlawful or deny housing to a person because of a protected characteristic, including race. See 42 U.S.C. § 3604(a). This case asks the Court to determine whether the FHA covers disparate impact claims, where a plaintiff alleges discrimination based on the... 2015
Mary Beth Picarella, Andrew Huynh, Gabriella Bensur TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. THE INCLUSIVE COMMUNITIES PROJECT (13-1371) 62-APR Federal Lawyer 86 (April, 2015) Does the Fair Housing Act (FHA) include a right of action for disparate-impact claims? Are disparate-impact claims cognizable under the Fair Housing Act? The Texas Department of Housing and Community Affairs (TDHCA) is a state agency that allocates low-income housing tax credits (LIHTC) to housing developers based on its qualified allocation plan,... 2015
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