| Author | Title | Citation | Summary | Year |
| 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. ยง 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 |
| 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. Roommate.com, 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 tinto@yu.edu |
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 |
| Kamille Wolff Dean |
FORECLOSURES AND FINANCIAL AID: MIND OVER MORTGAGES IN CLOSING THE PLUS LOAN GAP |
4 Columbia Journal of Race and Law 129 (2014) |
Renewed discussion has recently emerged to help strengthen the middle class by increasing access to college. President Barack Obama is at the forefront of the discussion to make college more affordable by prompting universities to become more efficient. Using education as a gateway to success, the Obama Administration proposed a number of... |
2014 |
| Lauren Wigginton |
HETERONORMATIVE IDENTITIES AS PROPERTY: ADVERSELY POSSESSING MALENESS AND FEMALENESS |
23 American University Journal of Gender, Social Policy and the Law 139 (2014) |
I. Introduction. 140 II. The Development of Maleness and Femaleness as Property Interests. 142 III. The Scope of Maleness and Femaleness. 143 IV. Maleness and Femaleness's Retention of the Characteristics of Property. 144 A. Maleness and Femaleness Can Be Possessed. 145 B. Maleness and Femaleness Can Be Used. 146 C. Maleness and Femaleness Can Be... |
2014 |
| Anders Walker |
HOUSE TO HOUSE: MERGERS, ANNEXATIONS & THE RACIAL IMPLICATIONS OF CITY-COUNTY POLITICS IN ST. LOUIS |
34 Saint Louis University Public Law Review 127 (2014) |
For three weeks in August 2014, the unremarkable hamlet of Ferguson, Missouri exploded. Sparks flew first on August 9, when a white police officer shot an unarmed black teenager in broad daylight, prompting a coterie of witnesses to provide a kaleidoscopic portrait of what appeared to be a struggle, an attempted escape, a possible surrender, and a... |
2014 |
| Valerie Schneider |
IN DEFENSE OF DISPARATE IMPACT: URBAN REDEVELOPMENT AND THE SUPREME COURT'S RECENT INTEREST IN THE FAIR HOUSING ACT |
79 Missouri Law Review 539 (Summer, 2014) |
Twice in the past three years, the Supreme Court has granted certiorari in Fair Housing cases, and, each time, under pressure from civil rights leaders who feared that the Supreme Court might narrow current Fair Housing Act jurisprudence, the cases settled just weeks before oral argument. Settlements after the Supreme Court grants certiorari are... |
2014 |
| Geoffrey Leonard |
IN OUR BACK YARDS: DISMANTLING SEGREGATION BY INCENTIVIZING REGIONAL COLLABORATION UNDER THE FAIR HOUSING ACT'S AFFIRMATIVELY FURTHERING FAIR HOUSING PROVISION |
22 Georgetown Journal on Poverty Law and Policy 165 (Fall, 2014) |
America in the twenty-first century has become increasingly geographically mobile and ethnically diverse. Yet, paradoxically, black ghettos--spatially isolated high-poverty neighborhoods that are predominantly black--remain central features of the American metropolitan landscape. The results of the 2010 census indicate that, while diversity has... |
2014 |
| Alexander B. Lutzky |
IN PURSUIT OF JUST COMPENSATION IN TEXAS: ASSESSING DAMAGES IN TAKINGS CASES USING THE PROPERTY'S TAX-APPRAISED VALUE |
46 Saint Mary's Law Journal 105 (2014) |
I. Introduction. 106 II. Eminent Domain Law and Texas. 107 A. Highest and Best Use Doctrine. 109 B. Property Tax Valuation in Texas in Brief. 111 III. Analysis. 114 A. The Current Trend: Curtail Use of Eminent Domain and Protect Landowners. 114 B. The Identical Aims of the Condemnation and Property Tax Valuation Process. 116 C. Benefiting from... |
2014 |