David Groshoff THE COMING WAVE OF PRETEXTUALLY PROFITEERING SOCIAL ENTREPRENEURS: A CASE STUDY AT THE NEXUS OF PROPERTY AND CIVIL RIGHTS 39 William and Mary Environmental Law and Policy Review 657 (Spring, 2015) This Article builds on my prior publications employing case studies that serve as the prisms through which this Article applies a legal analysis to a newly trending problem in social entrepreneurship. Specifically, this Article reviews the financial and property interests implicated when, in the milieu of an aging baby-boomer demographic likely to... 2015
James H. Carr, Katrin B. Anacker THE COMPLEX HISTORY OF THE FEDERAL HOUSING ADMINISTRATION: BUILDING WEALTH, PROMOTING SEGREGATION, AND RESCUING THE U.S. HOUSING MARKET AND THE ECONOMY 34 No. 8 Banking & Financial Services Policy Report 10 (August, 2015) The Federal Housing Administration (FHA) has been one of the most important US housing policy institutions of the 20th and 21st centuries. Its mortgages were the first guaranteed mortgages in the US, backed by the full faith and credit of the US government, and were a major contributor to both the post-World War II housing boom, particularly in the... 2015
Courtney Lauren Anderson THE DISPARATE IMPACT OF SHUTTERED SCHOOLS 23 American University Journal of Gender, Social Policy and the Law 319 (2015) The Causes and Effects of Redistricting. 323 The High Cost of Shuttered Schools. 329 The Availability and Insufficiency of Laws Commonly Used to Address Shuttered Schools. 333 Disposition of Schools. 334 Blight laws. 336 Insufficiency of Legal Remedies. 336 The Fair Housing Act and the Disparate Impact of Shuttered Schools. 337 The History and... 2015
Tarah Demant THE EFFORT TO BRING HUMAN RIGHTS HOME 41-DEC Human Rights 17 (December, 2015) In 2011, the Inter-American Commission on Human Rights U(IACHR) issued a landmark decision and found the United States responsible for human rights violations against Jessica Lenahan (Gonzales) and her children. Lenahan v. United States, Case 12.626, Inter-Am. Comm'n H.R., Report No. 80/11 (2011). In 1999, Lenahan's daughters were abducted and... 2015
Timothy M. Smyth, Michael Allen, Marisa Schnaith THE FAIR HOUSING ACT: THE EVOLVING REGULATORY LANDSCAPE FOR FEDERAL GRANT RECIPIENTS AND SUB-RECIPIENTS 23 Journal of Affordable Housing & Community Development Law 231 (2015) C1-3Contents I. Introduction. 231 II. Background. 232 A. Statute. 232 B. Executive Order. 235 C. Current Regulations. 236 D. Planning Guide. 236 E. Case Law. 238 F. 2010 GAO Report. 243 III. The New Rule. 245 A. Procedural Modifications. 246 1. Program Participants. 246 2. AFH Submission and Regional Collaboration. 247 3. Data Collection and... 2015
Stacy E. Seicshnaydre THE FAIR HOUSING CHOICE MYTH 23 Journal of Affordable Housing & Community Development Law 149 (2015) The Fair Housing Choice Myth examines why racial segregation persists in residential neighborhoods despite the fact that the nation codified the policy of equal housing opportunity over four decades ago. In passing the Fair Housing Act in 1968, Congress expressed the purpose of replacing ghettoes by truly integrated and balanced living patterns.... 2015
Stacy E. Seicshnaydre THE FAIR HOUSING CHOICE MYTH: A POST-SCRIPT 23 Journal of Affordable Housing & Community Development Law 205 (2015) As The Fair Housing Choice Myth is republished in 2015, three years after its initial publication in 2012, the Supreme Court is poised to consider the important question whether disparate impact claims are cognizable under the Fair Housing Act (FHA). Put another way, the Court is considering whether liability under the FHA may be established by... 2015
Anna Kastner THE OTHER WAR AT HOME: CHRONIC NUISANCE LAWS AND THE REVICTIMIZATION OF SURVIVORS OF DOMESTIC VIOLENCE 103 California Law Review 1047 (August, 2015) This Comment discusses the unlikely intersection of local chronic nuisance ordinances and domestic violence. It posits that chronic nuisance law grants law enforcement, or third parties acting in a police capacity, the ability to revictimize survivors of domestic violence, disproportionately impacting women of color and poor women. Using the... 2015
John A. Lovett TRAGEDY OR TRIUMPH IN POST-KATRINA NEW ORLEANS? REFLECTIONS ON POSSESSION, DISPOSSESSION, DEMOGRAPHIC CHANGE, AND AFFORDABLE HOUSING 23 Journal of Affordable Housing & Community Development Law 289 (2015) Carol Necole Brown and Serena M. Williams' 2007 article, The Houses That Eminent Domain and Housing Tax Credits Built: Imagining a Better New Orleans, the impetus for this three-way dialogue, typifies what might be called the second wave of post-Katrina commentary. Rather than ask how the physical and social devastation unleashed by the storm had... 2015
Nathan Torok , Mark Torok WHAT HAPPENED TO THE AMERICAN DREAM? AN ANALYSIS OF THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT AND ITS EFFECT ON HOME OWNERSHIP 17 Scholar: St. Mary's Law Review on Race and Social Justice 95 (2015) I. Introduction. 96 II. Historical Events and Causes for The Dodd-Frank Wall Street Reform and Consumer Protection Act. 98 A. The Housing Bubble and its Burst. 98 B. Initial Government Response to the Financial Crisis Caused by the Housing Bubble Burst. 103 III. Dodd-Frank and the Dismantling and Rebuilding of the Lending Industry. 106 A. Cracking... 2015
William F. Fuller WHAT'S HUD GOT TO DO WITH IT?: HOW HUD'S DISPARATE IMPACT RULEMAY SAVE THE FAIR HOUSING ACT'S DISPARATE IMPACT STANDARD 83 Fordham Law Review 2047 (March, 2015) Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. ,... 2015
Noura Erakat WHITENESS AS PROPERTY IN ISRAEL: REVIVAL, REHABILITATION, AND REMOVAL 31 Harvard Journal on Racial & Ethnic Justice 69 (Spring 2015) This essay seeks to read Whiteness as Property onto contemporary Israel by demonstrating that the value ascribed to Jewish nationality is not simply a matter of Jew versus non-Jew. Instead, Whiteness reflects a European order that reproduces and embodies the exclusionary and orientalist tropes that produced anti-Semitism in Europe. The State... 2015
Cheryl I. Harris WHITENESS AS PROPERTY: A TWENTY YEAR APPRAISAL 31 Harvard Journal on Racial & Ethnic Justice 148 (Spring, 2015) The publication of this volume is an honor for which I extend my sincere thanks to the editors, to the contributors and to all who participated in its production. The articles contained here, while invoking Whiteness as Property as inspiration (or perhaps provocation), make unique and important contributions in their own right. Together they... 2015
Andrea McArdle WINFIELD v. CITY OF NEW YORK: TESTING THE LIMITS OF DISPARATE-IMPACT LIABILITY AFTER TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS v. THE INCLUSIVE COMMUNITIES PROJECT, INC. 24 Journal of Affordable Housing & Community Development Law 287 (2015) I. Introduction. 287 II. The Tension in ICP: Reducing the Salience of Race versus Concern for Perpetuating Racial Isolation. 289 A. ICP's Case Theory: Highlighting the Harms of Perpetuating Racially Segregated Housing. 289 B. The Court's Response: Acceptance of the Pro-Integration Argument--with Reservations. 292 III. Winfield v. City of New York:... 2015
Erin Alderson Shick "GREAT BACHELOR PAD FOR ANY SINGLE MAN LOOKING TO HOOK UP . . . :" THE SIXTH CIRCUIT'S DISAGREEMENTS ABOUT THE "ORDINARY READER" STANDARD IN MIAMI VALLEY FAIR HOUSING CENTER INC., V. CONNOR GROUP 83 University of Cincinnati Law Review 229 (Fall, 2014) In May 2009, a listing agent with the Connor Group, a real estate agency located in Dayton, Ohio, posted the following advertisement on Craigslist for an apartment in the area: 599/1br-Great Bachelor Pad! (Centerville) Our one bedrooms are a great bachelor pad for any single man looking to hook up. This apartment includes a large bedroom, walk in... 2014
Jennifer H. Logan "OTHERWISE UNAVAILABLE": HOW OREGON REVISED STATUTES SECTION 197.309 VIOLATES THE FAIR HOUSING AMENDMENTS ACT 22 Journal of Affordable Housing & Community Development Law 213 (2014) I. Introduction. 214 II. FHAA Violations. 216 III. Disparate Impact on Protected Classes. 217 A. Section 197.309: Actual Adverse Impacts on Area Minorities. 220 B. Section 197.309: Projected Adverse Impacts on Area Minorities. 222 IV. Perpetuation of Segregation. 223 V. Procedural Issues. 226 A. Legal Supremacy: Magner v. Gallagher. 226 B.... 2014
Cori Harvey "WE BUY HOUSES": MARKET HEROES OR CRIMINALS? 79 Missouri Law Review 649 (Summer, 2014) The residential sale/leaseback/buyback (RSLB) transaction is a socially beneficial foreclosure rescue transaction that is being regulated increasingly by the criminal courts to the detriment of the homeowners, investors, and society at large. Because the transaction is being regulated more aggressively with the criminal law, peculiar outcomes... 2014
Margaret E. Johnson A HOME WITH DIGNITY: DOMESTIC VIOLENCE AND PROPERTY RIGHTS 2014 Brigham Young University Law Review 1 (2014) This Article argues that the legal system should do more to address intimate partner violence and each party's need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third,... 2014
Caitlin Cocilova A TIME FOR CHANGE? THE UNCERTAIN FUTURE OF THE D.C. FEDERAL CITY SHELTER 22 Georgetown Journal on Poverty Law and Policy 99 (Fall, 2014) On January 29, 2014, the annual Point-in-Time (PIT) survey for unsheltered persons counted 7748 individuals who were literally homeless in the District of Columbia. According to the survey, D.C. has endured an eighteen percent increase in literal homelessness since 2010, due in part to the high cost of living and reduced availability of affordable... 2014
Andrea J. Boyack AMERICAN DREAM IN FLUX: THE ENDANGERED RIGHT TO LEASE A HOME 49 Real Property, Trust and Estate Law Journal 203 (Fall, 2014) Author's Synopsis: Homeownership in the US is on the decline and the percentage of the population that rents their residence is growing. Renters present a distinct demographic compared to owners, and most of the more vulnerable segments of society rent their homes. But the law prohibits renting a home in some neighborhoods. Occasionally, zoning... 2014
Jonathan J. Sheffield AT FORTY-FIVE YEARS OLD THE OBLIGATION TO AFFIRMATIVELY FURTHER FAIR HOUSING GETS A FACE-LIFT, BUT WILL IT INTEGRATE AMERICA'S CITIES? 25 University of Florida Journal of Law and Public Policy 51 (April, 2014) Congress adopted the Fair Housing Act (FHA) in order to broadly remedy the effect of residential racial segregation in all parts of cities throughout the United States, not merely to end discreet discriminatory acts. On July 19, 2013 the U.S. Department of Housing and Urban Development (HUD) issued a Proposed Rule aimed at improving HUD's... 2014
Caroline Dostal , Anke Strauss , Leopold von Carlowitz BETWEEN INDIVIDUAL JUSTICE AND MASS CLAIMS PROCEEDINGS: PROPERTY RESTITUTION FOR VICTIMS OF NAZI PERSECUTION IN POST-REUNIFICATION GERMANY 15 German Law Journal 1035 (October 1, 2014) German history of the twentieth century offers a rich resource of precedent for property restitution and compensation programs. The Federal Republic of Germany instituted different mass claims proceedings shaped to reverse or mitigate violations of property rights that took place as part of (a) the persecutions by the Nazi regime from 1933 to... 2014
Kit Johnson BUYING THE AMERICAN DREAM: USING IMMIGRATION LAW TO BOLSTER THE HOUSING MARKET 81 Tennessee Law Review 829 (Summer, 2014) Escaping notice in debate about immigration reform is a proposal that would give residency visas to foreign nationals on the condition that they buy an expensive home. Proponents see visas as a simple way to shore up the U.S. housing market. Yet complications abound. This Article scrutinizes the history, logic, economics, and morals of the proposed... 2014
Stephen M. Dane, Tara K. Ramchandani, Anne P. Bellows DISCRIMINATORY MAINTENANCE OF REO PROPERTIES AS A VIOLATION OF THE FEDERAL FAIR HOUSING ACT 17 CUNY Law Review 383 (Summer, 2014) I. Introduction. 383 II. Application of the Fair Housing Act to Discriminatory Maintenance of REO Properties. 387 A. The Fair Housing Act's Application to Neighborhood-Based Discrimination Is Well Established. 387 B. Discriminatory REO Maintenance Impedes Availability, Constitutes Discrimination in the Provision of Services, and Perpetuates... 2014
Tim Iglesias DOES FAIR HOUSING LAW APPLY TO "SHARED LIVING SITUATIONS"? OR THE TROUBLE WITH ROOMMATES 22 Journal of Affordable Housing & Community Development Law 111 (2014) In its 2012 opinion in Fair Housing Council of San Fernando Valley v., LLC, the Ninth Circuit held that neither the federal Fair Housing Act (FHA) nor California's equivalent (Fair Employment and Housing Act, or FEHA) applies to shared living situations because of a conflict with the constitutional right to free association. The case... 2014
Katherine R. Powers DOGS IN DORMS: HOW THE UNITED STATES V. UNIVERSITY OF NEBRASKA AT KEARNEY ILLUSTRATES A COVERAGE GAP CREATED BY THE INTERSECTION OF FAIR HOUSING AND DISABILITY LAW 47 Creighton Law Review 363 (April, 2014) I. INTRODUCTION. 363 II. BACKGROUND. 367 A. A Brief History of the Fair Housing Act. 367 B. Developing Where Fair Housing Laws Apply: The Early Judicial Interpretation of Residence. 367 C. Expanding the Definition of Dwelling to Non-Traditional Housing. 369 D. Applying the Dwelling Test to Educational Housing. 372 E. Distinguishing Disability Under... 2014
Ari B. Solotoff DUSSAULT V. RRE COACH LANTERN HOLDINGS, LLC: DOES THE MAINE HUMAN RIGHTS ACT RECOGNIZE DISPARATE IMPACT LIABILITY FOR CLAIMS OF HOUSING DISCRIMINATION BROUGHT BY SECTION 8 RECIPIENTS UNDER MAINE LAW? 67 Maine Law Review 183 (2014) I. Introduction II. Legal Background A. Federal Fair Housing Laws & Public Assistance Housing Discrimination 1. The Federal Fair Housing Act 2. The Section 8 Housing Program 3. Federal and State Law Protections for Section 8 Recipients B. The MHRA and Maine's Fair Housing Protections for Recipients of Public Assistance 1. Unlawful Housing... 2014
Wendy Olson ENFORCEMENT OF THE CRIMINAL COMPONENT OF THE FAIR HOUSING ACT 57-APR Advocate 26 (March/April, 2014) Over nearly an eight-month period ending in the summer of 1997, six young white men, three of them not yet 18, intimidated and assaulted Hispanic residents of Nampa, Idaho, along with white residents who associated with Hispanics in Nampa. From cars, they chased teen-age Hispanic residents through the Nampa neighborhood where the teens lived --... 2014
Sean Milford FIGHTING HIDDEN DISCRIMINATION: DISPARATE IMPACT CLAIMS UNDER THE FAIR HOUSING ACT 79 Missouri Law Review 807 (Summer, 2014) Discriminatory practices in housing are a serious issue facing minority groups around the nation. The Fair Housing Act (FHA) makes discrimination on the basis of race unlawful, and violations of the FHA can be established by showing either intentional discrimination or that a policy has a disparate impact on a minority group. In Mt. Holly Gardens... 2014
Professor Katharine Tinto , Kathryn O. Greenberg, Immigration Justice Clinic, Benjamin N. Cardozo, School of Law, 55 Fifth Avenue, Room 1108, New York, NY 10003, 212-790-0433, E-mail FIGHTING THE STASH HOUSE STING 38-OCT Champion 16 (October, 2014) The stash house sting is an increasingly common and increasingly troubling--undercover policing tactic. Used by both federal and state law enforcement, as of today, over 1,000 individuals have been prosecuted as a result of this type of sting. Stash house stings have taken place in a diverse range of locations, ranging from Chicago, Los Angeles,... 2014
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