Michael F. Drywa, Jr. RHODE ISLAND'S HOMELESS BILL OF RIGHTS: HOW CAN THE NEW LAW PROVIDE SHELTER FROM EMPLOYMENT DISCRIMINATION? 19 Roger Williams University Law Review 716 (Summer 2014) On a single night in 2012 there were 633,782 homeless people in the United States, including 394,379 who were homeless as individuals and 239,403 people who were homeless in families. In Rhode Island, a single night count from December 12, 2012, revealed that there were 996 Rhode Islanders homeless on that day. On June 27, 2012, Rhode Island... 2014
Daniel Fitzpatrick, Susana Barnes RULES OF POSSESSION REVISITED: PROPERTY AND THE PROBLEM OF SOCIAL ORDER 39 Law and Social Inquiry 127 (Winter, 2014) This article explores two propositions in the literature on rules of possession. The first is that rules of first possession may form the basis for spontaneous order. The article argues that this Hayekian proposition must take into account the relationship between property and authority, including the potential for social disorder when... 2014
Melissa Rothstein, Megan K. Whyte de Vasquez TEETH IN THE TIGER: ORGANIZATIONAL STANDING AS A CRITICAL COMPONENT OF FAIR HOUSING ACT ENFORCEMENT 7 DePaul Journal for Social Justice 179 (Spring 2014) Since the passage of the Civil Rights Act of 1964, Congress has recognized the need for strong laws that protect the right to equal treatment and access to goods and services and the pivotal role that private litigation plays in enforcing these rights. Congress emphasized the critical role of fair housing through the passage of Title VIII of the... 2014
John Baber THANK YOU SIR, MAY I HAVE ANOTHER: THE ISSUE OF THE UNSUSTAINABILITY OF LOW INCOME HOUSING TAX CREDITS AND PROPOSED SOLUTIONS 4 University of Baltimore Journal of Land and Development 39 (Fall, 2014) The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the... 2014
Priya S. Gupta THE AMERICAN DREAM, DEFERRED: CONTEXTUALIZING PROPERTY AFTER THE FORECLOSURE CRISIS 73 Maryland Law Review 523 (2014) In a few short years, the American Dream has dried up like a raisin in the sun. Massive foreclosures of the mid-to-late 2000s have left the status of the American Dream of homeownership in serious question. In this paper, I argue that in order to formulate new federal housing and homeownership policy goals, the underlying vision of property rights... 2014
Amy L. Landers THE ANTI-ECONOMY OF FASHION; AN OPENWORK APPROACH TO INTELLECTUAL PROPERTY PROTECTION 24 Fordham Intellectual Property, Media and Entertainment Law Journal 427 (Winter, 2014) L1-2Introduction . L3429 I. A System of Openwork Protection. 431 A. An Overview. 431 B. Separating Expression from Function. 437 1. The Mass-Market. 439 2. The Avant Garde. 442 II. Creation of the Avant-Garde: Culturally Infused Design. 448 III. Cultural Modification Andthe Wearer. 453 A. Clothing as an Openwork. 453 B. How Openwork Design... 2014
Alfred L. Brophy THE CIVIL RIGHTS ACT OF 1964 AND THE FULCRUM OF PROPERTY RIGHTS 6 Alabama Civil Rights & Civil Liberties Law Review 75 (2014) During the fiftieth anniversary of the Civil Rights Act of 1964, much of the discussion is about the origins of the Act in the ideas and actions of the African American community and of the future possibilities of the Act. This essay returns to the Act to look seriously at those who opposed it and at their critique of the Act's effect on property... 2014
John G. Sprankling THE GLOBAL RIGHT TO PROPERTY 52 Columbia Journal of Transnational Law 464 (2014) This Article challenges the conventional wisdom that a right to property can only arise under the domestic law of a particular nation. It develops the thesis that a right to property should be recognized at the international level. Three independent lines of analysis support the existence of the global right to property, each based on a different... 2014
Kate Scott, Marlene Theberge THE GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER: PROMOTING FAIR HOUSING CHOICE IN SOUTHEAST LOUISIANA THROUGH EDUCATION, INVESTIGATION, AND ENFORCEMENT 22 Journal of Affordable Housing & Community Development Law 103 (2014) Imagine searching for a home and coming across the following advertisements: I would love to house a single mom with one child, not racist but white only, or We are [a] white couple and prefer a white family due to the neighborhood we live in. These advertisements for housing are unfortunately not made up, nor are they relics from a previous... 2014
Risa E. Kaufman, Martha F. Davis, Heidi M. Wegleitner THE INTERDEPENDENCE OF RIGHTS: PROTECTING THE HUMAN RIGHT TO HOUSING BY PROMOTING THE RIGHT TO COUNSEL 45 Columbia Human Rights Law Review 772 (Spring, 2014) [S]ubstance and procedure are often deeply entwined. -Justice John Paul Stevens, MacDonald v. Chicago This Article trains the lens of international human rights to explicate the relationship between the right to counsel in civil cases and a right to housing. A strength of the human rights framework is its recognition of the interrelationship of... 2014
Kelli Dudley THE LAST THING WE DO, LET'S SCARE ALL THE LAWYERS: HOW FAIR HOUSING VIOLATORS ARE INTIMIDATING FAIR HOUSING ADVOCATES INSTEAD OF DEFENDING CASES AND WHY IT IS ILLEGAL 8 DePaul Journal for Social Justice 71 (Winter 2014) This article explores a trend among defendants accused of violating the Fair Housing Act (FHA): attacking the advocate who brings the case forward. These attacks take several forms, among them filing retaliatory lawsuits against advocates and passing legislation to limit the actions advocates, including state civil rights enforcement authorities,... 2014
Andrea Giampetro-Meyer THE PROPER PLACE FOR INTELLECTUAL PROPERTY IN EMPLOYMENT DISCRIMINATION LAW 25 George Mason University Civil Rights Law Journal 1 (Fall, 2014) Intellectual property law . . . [has] far too long . . .been cloaked by a presumption of race and gender neutrality. Every day, in companies across the United States, marketing professionals are making decisions about how to meet the needs of consumers in specific markets. How can a financial services company offer advice to African Americans who... 2014
Gregory N. Mandel THE PUBLIC PERCEPTION OF INTELLECTUAL PROPERTY 66 Florida Law Review 261 (January, 2014) Though the success of intellectual property law depends upon its ability to affect human perception and behavior, the public psychology of intellectual property has barely been explored. Over 1,700 U.S. adults took part in an experimental study designed to investigate popular conceptions of intellectual property rights. Respondents' views of what... 2014
Roberto ConcepciĆ³n, Jr. THE UNTAPPED POTENTIAL OF THE FAIR HOUSING ACT IN ADDRESSING AGGRESSIVE ENFORCEMENT OF "WALKING WHILE BLACK OR BROWN" 17 University of Pennsylvania Journal of Law and Social Change 383 (2014) What may arouse hostility is not the fact of aggressive patrol but its indiscriminate use so that it comes to be regarded not as crime control but as a new method of racial harassment. Kerner Commission Report (1968) INTRODUCTION Imagine being sent to the corner store by your mother to buy ketchup for a dinner of chicken and French fries. On your... 2014
Ian Ayres, Joshua Mitts THREE PROPOSALS FOR REGULATING THE DISTRIBUTION OF HOME EQUITY 31 Yale Journal on Regulation 77 (Winter 2014) The Consumer Financial Protection Bureau's recently-released qualified mortgage rules effectively discourage predatory lending but miss an equally important source of systemic risk: low-equity clustering. Specific volatility-inducing mortgage terms, when present in a substantial cluster of mortgage contracts, exacerbate macroeconomic risk by... 2014
Juli Ponce URBAN PLANNING AND LEGAL FRAMEWORK FOR SUSTAINABLE COMMUNITIES: AFFORDABLE HOUSING, SOCIAL COHESION AND GHETTOS 42 International Journal of Legal Information 77 (Spring, 2014) 1. Introduction: Land Use Law in Spain. Is Urban Segregation a Bad Phenomenon? Implications of the Law. 2. What Is the Relationship between Mixed Communities and Sustainable Cities? 3. What Are the Relationships Between Urban Competitiveness, Social Sustainability and Affordable Housing? 4. How Is Affordable Housing Linked to Social Sustainability... 2014
Danielle B. Ridgely WILL VIRGINIA'S NEW EMINENT DOMAIN AMENDMENT PROTECT PRIVATE PROPERTY? 26 Regent University Law Review 297 (2013-2014) Most toddlers respect private property as private until they want it, at which point they feel justified in asserting their superior rights. The Norfolk Housing Authority recently has not behaved much differently. In fact, the Housing Authority is forcing local businessman Bob Wilson to give up his private property for an approved redevelopment... 2014
David P. Weber ZOMBIE MORTGAGES, REAL ESTATE, AND THE FALLOUT FOR THE SURVIVORS 45 New Mexico Law Review 37 (Fall, 2014) The first generally accepted reference to zombies occurred approximately in the 18th century BCE in the Epic of Gilgamesh. Now popularized, the concept of zombie has begun to infect legal scholarship. Capable of a surprisingly broad application to various legal doctrines, the generally accepted definitions of zombie are along the lines of the... 2014
Barbara J. Flagg "AND GRACE WILL LEAD ME HOME": THE CASE FOR JUDICIAL RACE ACTIVISM 4 Alabama Civil Rights & Civil Liberties Law Review 103 (2013) Introduction. 103 I. The Persisting Dilemma of Race in America. 105 A. White Dignitary Privilege and Color Stigmatization. 107 B. The Evidence for Color Stigmatization. 110 1. Social Experience. 110 2. Social Science. 114 II. The Law's Response. 117 A. Race is a Creature of the Law. 118 B. Law Could Have an Impact on White Dignitary Privilege.... 2013
Guadalupe T. Luna "FACTS ARE STUBBORN THINGS:" IRREGULAR HOUSING IN THE TEXAS COLONIAS 28 Wisconsin Journal of Law, Gender & Society 121 (Summer 2013) This article recounts a shared research trip in 1993 to test theoretical models that ignored the impoverished and the unique land use patterns in border-region colonias. Colonias are irregular housing structures that escape building code standards and lack the benefit of clean water, utilities, and health, safety and welfare law. The absence of... 2013
Jennifer Klein , Eileen Boris "WE HAVE TO TAKE IT TO THE TOP!" : WORKERS, STATE POLICY, AND THE MAKING OF HOME CARE 61 Buffalo Law Review 293 (April, 2013) On Halloween 1988, seventy-five Chicago home care workers shouted in front of the Evanston residence of Janet Otwell, director of the Illinois Department of Aging (IDOA): No More Tricks, Treat Us with Dignity and Respect! For weeks, Otwell had rebuffed their requests for a meeting, so these black women, members of Service Employees International... 2013
David A. Super A NEW NEW PROPERTY 113 Columbia Law Review 1773 (November, 2013) Charles Reich's visionary 1964 article, The New Property, paved the way for a revolution in procedural due process. It did not, however, accomplish Reich's primary stated goal: providing those dependent on government assistance the same security that property lights long have offered owners of real property. As Reich himself predicted, procedural... 2013
Austin W. King AFFIRMATIVELY FURTHER: REVIVING THE FAIR HOUSING ACT'S INTEGRATIONIST PURPOSE 88 New York University Law Review 2182 (December, 2013) This Note seeks to contribute to the revival of an underutilized section of the Fair Housing Act intended not just to ban individual acts of discrimination but also to achieve integrated residential neighborhoods. The gulf between lofty, vague federal policy and the local governments responsible for zoning, planning, and housing siting decisions,... 2013
Philip Tegeler, Megan Haberle, Ebony Gayles AFFIRMATIVELY FURTHERING FAIR HOUSING IN HUD HOUSING PROGRAMS: A FIRST TERM REPORT CARD 22 Journal of Affordable Housing & Community Development Law 27 (2013) During the first term of the Obama Administration, the U.S. Department of Housing and Urban Development has reaffirmed a broad commitment to fair housing. However, while fair housing enforcement at the agency has increased noticeably, the task of reforming HUD's own programs has been painstakingly slow. A flurry of positive activity inside the... 2013
Zachary L. Guyse ALABAMA'S ORIGINAL SIN: PROPERTY TAXES, RACISM, AND CONSTITUTIONAL REFORM IN ALABAMA 65 Alabama Law Review 519 (2013) Introduction. 519 I. Playing Limbo: Alabama's Property Tax Structure. 521 II. The History of the 1901 Constitution & The Lid Bill. 524 A. The Alabama Constitutional Convention of 1901. 524 B. The Lid Bill. 527 III. The First Crusade: Knight v. Alabama. 529 A. Findings of Fact. 529 B. Conclusions of Law. 530 IV. The Second Crusade: Lynch v. Alabama.... 2013
Mary Helen McNeal , Patricia Warth BARRED FOREVER: SENIORS, HOUSING, AND SEX OFFENSE REGISTRATION 22-SPG Kansas Journal of Law & Public Policy 317 (Spring, 2013) Mr. Charles Bianco is a 73-year-old retired laborer who lives alone in a small one- bedroom apartment, supporting himself on a modest income derived from his social security check and a small pension. He suffers from pulmonary disease, and because his lung capacity is limited to eighteen percent of normal, he requires oxygen. He has grown frail... 2013
Shana M. Scott, MPH BRIDGING THE TITLE VI GAP: HOW CAN THE AFFORDABLE CARE ACT ADDRESS RACIAL INEQUITY IN NURSING HOMES? 22 Annals of Health Law Advance Directive 74 (Spring, 2013) Evidence of racial and ethnic health disparities have been documented in the American healthcare system for decades. The Centers for Disease Control and Prevention (CDC) defined health disparities as preventable differences in the burden of disease, injury, violence, or opportunities to achieve optimal health that are experienced by socially... 2013
Brian Gilmore CHANCES ARE: LESSONS FROM THE 1962 UNITED STATES CIVIL RIGHTS COMMISSION HOUSING DISCRIMINATION HEARINGS IN WASHINGTON D.C. FOR THE CURRENT FORECLOSURE CRISIS 3 Columbia Journal of Race and Law 1 (2013) By examining a prior government hearing that investigated instances and patterns of housing discrimination in the U.S., a more accurate picture of the damage created by government policies that supported housing discrimination, racial segregation, and economic inequality can be presented. This Article focuses specifically upon the 1962 Housing... 2013
Meredith M. Render COMPLEXITY IN PROPERTY 81 Tennessee Law Review 79 (Fall, 2013) This Article illuminates the largely misunderstood relationship between complexity and the regulation of property interests. Specifically, the Article presents the complexity thesis-a novel explanatory account of the principle of numerus clausus. The principle of numerus clausus is an ancient common law rule that prohibits the customization of... 2013
Scott A. Marks FAIR HOUSING DESEGREGATION POLICY: RECENT DEVELOPMENTS AND PROPOSED SITE SELECTION SAFE HARBORS 22 Journal of Affordable Housing & Community Development Law 67 (2013) The U.S. Department of Housing & Urban Development (HUD) recently sharpened an old tool, the Fair Housing Act, to address modern racial concentrations in housing. The new discriminatory effects fair housing rule extends, for example, to any practice that has the effect of reinforcing or increasing segregated housing patterns, regardless of whether... 2013
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