Sarah Fox A CLIMATE OF CHANGE: SHIFTING ENVIRONMENTAL CONCERNS AND PROPERTY LAW NORMS THROUGH THE LENS OF LEED BUILDING STANDARDS 28 Virginia Environmental Law Journal 299 (2010) I. Introduction II. The Rise of Green Building Standards. 302 A. The United States Green Building Council and LEED. 303 B. The Nationwide Spread of LEED. 305 III. Response (or Lack Thereof) to LEED Mandates. 309 A. The Lack of Challenges to LEED. 310 B. Potential Legal Problems With LEED. 312 1. Preemption. 313 2. Delegation. 317 3. Antitrust. 321... 2010
Jordan C. Budd A FOURTH AMENDMENT FOR THE POOR ALONE: SUBCONSTITUTIONAL STATUS AND THE MYTH OF THE INVIOLATE HOME 85 Indiana Law Journal 355 (Spring, 2010) For much of our nation's history, the poor have faced pervasive discrimination in the exercise of fundamental rights. Nowhere has the impairment been more severe than in the area of privacy. This Article considers the enduring legacy of this tradition with respect to the Fourth Amendment right to domestic privacy. Far from a matter of receding... 2010
Mary Pennisi A HERCULEAN LEAP FOR THE HARD CASE OF POST-ACQUISITION CLAIMS: INTERPRETING FAIR HOUSING ACT SECTION 3604(B) AFTER MODESTO 37 Fordham Urban Law Journal 1083 (October, 2010) The hard truth on the matter is that American courts have no intelligible, generally accepted, and consistently applied theory of statutory interpretation. Housing was the last plank in the civil rights revolution, and it is the realm in which we have experienced the fewest integration gains. Introduction. 1084 I. Background of the Fair Housing... 2010
Jeanne C. Fromer A PSYCHOLOGY OF INTELLECTUAL PROPERTY 104 Northwestern University Law Review 1441 (Fall 2010) Introduction. 1441 I. Protectability. 1445 A. Patent Law. 1446 B. Copyright Law. 1449 C. Explaining the Differences. 1453 II. Creativity. 1456 A. Why the Creative Process Matters. 1457 B. The Psychology of Creativity. 1459 III. A Psychology of Intellectual Property. 1483 A. Patent Law. 1484 B. Copyright Law. 1492 C. Ill-Fitting Works. 1501... 2010
Len Aslanian A ROOK OR A PAWN: THE WHITE HOUSE SCIENCE ADVISOR IN AN AGE OF CLIMATE CONFUSION 28 UCLA Journal of Environmental Law & Policy 473 (2010) I. Introduction. 473 II. S&T Advisement in the Bush Administration. 476 III. S&T Advisement in the Obama Era. 483 IV. Structural Challenges of the Science Advisor. 487 V. Suggestions for the Science Advisor. 493 2010
J. William Callison ACHIEVING OUR COUNTRY: GEOGRAPHIC DESEGREGATION AND THE LOW-INCOME HOUSING TAX CREDIT 19 Southern California Review of Law & Social Justice 213 (Spring 2010) In A Theory of Justice, John Rawls challenged the view that utilitarianism, which he described as a structure that would require a lesser life prospect [] for some simply for the sake of greater advantage for others, was the correct way to construct a just social order. Instead, Rawls established a construct based on a veil of ignorance.... 2010
Clayton H. Collins AFFORDABLE HOUSING OPTIONS UNDER PENNSYLVANIA'S THREE LEGISLATIVE REGIMES 28 Journal of Law and Commerce 247 (Spring 2010) The police power of a state includes the authority of its local governments to protect the health, morals, and safety of the communities they govern. Managing the growth of a community through the placement and timing of private development has repeatedly been found a valid exercise of this police power. As stated by the United States Supreme Court... 2010
Ruqaiijah Yearby AFRICAN AMERICANS CAN'T WIN, BREAK EVEN, OR GET OUT OF THE SYSTEM: THE PERSISTENCE OF "UNEQUAL TREATMENT" IN NURSING HOME CARE 82 Temple Law Review 1177 (Srping-Summer 2010) Bennie Saxon had dementia. Because his family could not care for him at home, he was placed at Alden Wentworth Rehabilitation and Health Care Center (Alden Wentworth), a predominately African American nursing home in Chicago, Illinois. On May 4, 2009, he fell four stories to his death. The Cook County Office of the Medical Examiner ruled Mr.... 2010
Evelyn Brody ALL CHARITIES ARE PROPERTY-TAX EXEMPT, BUT SOME CHARITIES ARE MORE EXEMPT THAN OTHERS 44 New England Law Review 621 (Spring 2010) Abstract: Attention from the media notwithstanding, the nonprofit sector continues to achieve remarkable success in state supreme courts and statehouses in defending property-tax exemptions. But budget pressures remain. While the intermediate use of payments in lieu of taxes has not yet become a systematic compromise solution, PILOTs are... 2010
Matthew R. Farley BOARDING UP THE FAIR HOUSING ACT: TIME BARRING DESIGN AND CONSTRUCTION CLAIMS FOR HANDICAPPED INDIVIDUALS 13 Scholar: St. Mary's Law Review on Minority Issues 29 (Fall 2010) I. Introduction. 30 II. The Fair Housing Act. 33 A. General Provisions of the FHA and FHAA. 33 B. Design and Construction Cases. 35 III. The Discovery Rule. 37 A. The Functions of Statutes of Limitations. 37 B. What is the Discovery Rule?. 38 C. The Rationale for the Discovery Rule. 39 D. The Discovery Rule and Design and Construction Claims. 41 1.... 2010
Sarah Rose BOOMING INCENTIVES TO DONATE REAL PROPERTY IN A BUSTING ECONOMY 3 Estate Planning & Community Property Law Journal 123 (Fall, 2010) An economic recession always influences spending, and the current stock market dips and housing market busts are creating a recession atmosphere. Economic turmoil leads people to cut back on luxuries or delete them from their budget entirely. Among the first fat trimmed from a budget is charitable giving. The irony is that as the economic... 2010
Meetali Jain BRINGING HUMAN RIGHTS HOME: THE DC RIGHT TO HOUSING CAMPAIGN 17 No. 3 Human Rights Brief 10 (Spring, 2010) Housing is not simply about bricks and mortar, nor is it simply a financial asset. Housing includes a sense of community, trust and bonds built between neighborhoods over time; the schools which educate the child; and the businesses which the local economy and provide needed goods and services. -- Raquel Rolnik, UN Special Rapporteur on adequate... 2010
Tamica H. Daniel BRINGING REAL CHOICE TO THE HOUSING CHOICE VOUCHER PROGRAM: ADDRESSING VOUCHER DISCRIMINATION UNDER THE FEDERAL FAIR HOUSING ACT 98 Georgetown Law Journal 769 (March, 2010) C1-3Table of Contents L1-2Introduction . L3770 I. Background. 772 a. housing choice voucher program/section 8 program. 772 b. the federal fair housing act. 774 c. addressing discrimination against families with children. 775 d. an insufficiently addressed problem: source of income and voucher discrimination. 776 II. Local and State Source-of-Income... 2010
Stephanie Hunter McMahon CALIFORNIA WOMEN: USING FEDERAL TAXES TO PUT THE "COMMUNITY" IN COMMUNITY PROPERTY 25 Wisconsin Journal of Law, Gender & Society 35 (Spring, 2010) Table of Contents. 35 I. Early Evolution of California Community Property. 40 II. Women Use the Federal Income Tax. 48 III. Women Lose Control of the Debate. 59 Conclusion. 70 Can the gentleman give us any good reason why eight States of the Union should pay a lesser income-tax rate on the same income than the other 40 States pay? The answer was... 2010
David B. Oppenheimer CALIFORNIA'S ANTI-DISCRIMINATION LEGISLATION, PROPOSITION 14, AND THE CONSTITUTIONAL PROTECTION OF MINORITY RIGHTS: THE FIFTIETH ANNIVERSARY OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 40 Golden Gate University Law Review 117 (Winter 2010) Fifty years ago, in 1959, the State of California outlawed racial discrimination in employment. But it took the California Legislature four more years to prohibit racial discrimination in private housing, and the immediate response was a successful campaign by the real-estate industry to repeal the law through a voter initiative. This essay tells... 2010
Jan P. Mensz CITIZEN POLICE: USING THE QUI TAM PROVISION OF THE FALSE CLAIMS ACT TO PROMOTE RACIAL AND ECONOMIC INTEGRATION IN HOUSING 43 University of Michigan Journal of Law Reform 1137 (Summer 2010) Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing... 2010
Jonathan Simon Consuming Obsessions: Housing, Homicide, and Mass Incarceration since 1950 2010 University of Chicago Legal Forum 165 (2010) When we think about the relationship between crime and the economy, the nexus most likely to come to mind is employment. In this Article I propose a very different framework for thinking about the economic context of crimeone based on housing. Like the employment-crime nexus, the relationship between housing and crime can point to a multitude of... 2010
Elvira Pereda CUOMO V. CLEARING HOUSE ASSOCIATION: PROTECTING MINORITIES FROM DISCRIMINATORY LENDING PRACTICES BY UPHOLDING STATES' RIGHT TO ENFORCE PREDATORY LENDING LAWS 18 American University Journal of Gender, Social Policy and the Law 317 (2010) I. Introduction. 318 II. Background. 320 A. The Emergence of the Subprime Mortgage Market and Predatory Lending. 320 B. Congress Enacted the FHA and Title VII to Eradicate Discrimination. 320 C. Federal and State Measures Enacted to Curb Predatory Lending. 322 D. Federal Statutory and Regulatory Preemption of State Law. 324 E. Cuomo v. Clearing... 2010
John R. Dorocak, J.D., LL.M. (Tax), C.P.A. DE FACTO DISPARATE IMPACT FAMILIAL DISCRIMINATION (HOUSING FOR OLDER PERSONS AGE FIFTY-FIVE AND OVER) UNDER THE FAIR HOUSING ACT: IS IT LEGAL? IS IT CONSTITUTIONAL? 21 George Mason University Civil Rights Law Journal 1 (Fall 2010) Imagine the following scenario: Senior citizens over age fifty-five almost exclusively populate a small area within a very populous region. When receiving inquiries about the community, realtors will often identify it as a senior community. One realtor explicitly advertised, While children are not restricted, few live there. Census data for an... 2010
Robert G. Schwemm, Jeffrey L. Taren DISCRETIONARY PRICING, MORTGAGE DISCRIMINATION, AND THE FAIR HOUSING ACT 45 Harvard Civil Rights-Civil Liberties Law Review 375 (Summer 2010) For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modern era has often been accomplished through a technique known as discretionary... 2010
Rigel C. Oliveri DISCRIMINATORY HOUSING ADVERTISEMENTS ON-LINE: LESSONS FROM CRAIGSLIST 43 Indiana Law Review 1125 (2010) Suppose you live in a two-bedroom apartment and your roommate moves out. You want to stay in the apartment, but you cannot afford the rent on your own, so you go to an on-line housing locator site like Craigslist and post an ad under Roommate Wanted. Because you work from home, you would prefer a roommate who does not party late into the night... 2010
Elizabeth DeBray-Pelot, Erica Frankenberg FEDERAL LEGISLATION TO PROMOTE METROPOLITAN APPROACHES TO EDUCATIONAL AND HOUSING OPPORTUNITY 17 Georgetown Journal on Poverty Law and Policy 265 (Spring, 2010) In this article, we outline a proposal for new federal legislation to create a pilot grant program in selected Southern metropolitan areas designed to promote voluntary approaches to expand access to integrated educational and housing opportunity. We present a rationale for why metropolitan-wide solutions are critical in helping to ameliorate... 2010
David J. Reiss FIRST PRINCIPLES FOR AN EFFECTIVE FEDERAL HOUSING POLICY 35 Brooklyn Journal of International Law 795 (2010) The federal government has a bewildering array of housing programs funded with tens of billions of dollars every year. Just this year, the Department of Housing and Urban Development is creating a new Energy Innovation Fund to catalyze private sector investment in the energy efficiency of the Nation's housing stock as well as a a new Choice... 2010
Harvey Gee FROM HALLWAY CORRIDOR TO HOMELESSNESS: TENANTS LACK RIGHT TO COUNSEL IN NEW YORK HOUSING COURT 17 Georgetown Journal on Poverty Law and Policy 87 (Winter, 2010) The New York City Housing Court (Housing Court) has been widely regarded as an ineffective institution that has not fulfilled its mandate of preserving the City's housing stock since its creation in 1972. Despite the Legislature's broad delegation of power to the Housing Court, it has never been accorded the stature or resources essential to... 2010
April Kuehnhoff HOLDING ON TO HOME: PREVENTING EVICTION AND TERMINATION OF TENANT-BASED SUBSIDIES FOR LIMITED ENGLISH PROFICIENCY TENANTS LIVING IN HOUSING UNITS WITH HUD RENTAL ASSISTANCE 17 Georgetown Journal on Poverty Law and Policy 221 (Spring, 2010) I. Introduction. 222 II. Background. 223 A. 2000 Census Statistics: Foreign Born and Language Use. 223 B. Housing Challenges Faced by Immigrants. 224 C. HUD Rental Housing Assistance. 227 III. Legal Framework. 230 A. Federal Law. 231 1. Title VI of the Civil Rights Act of 1964. 231 2. Title VIII of the Civil Rights Act of 1968. 234 B. Massachusetts... 2010
Brian Gilmore HOME IS WHERE THE HATRED IS: A PROPOSAL FOR A FEDERAL HOUSING ADMINISTRATION TRUTH AND RECONCILIATION COMMISSION 10 University of Maryland Law Journal of Race, Religion, Gender and Class 249 (Fall 2010) Reconciliation is not about being cosy; it is not about pretending that things were other than they were. Reconciliation based on falsehood, on not facing up to reality, is not true reconciliation and will not last. -Archbishop Desmond Tutu The real story of the meaning of race in modern America, however, must include a serious consideration of... 2010
Kelly A. Moore , Adam J. Poe HOME RUN BASEBALLS AND TAXATION, AN OPEN STANCE: HOW A H.R. CAN BE I.R.D. 3 Estate Planning & Community Property Law Journal 79 (Fall, 2010) A home run hitter steps to the plate. The pitcher peers into the catcher, who signals for a fastball. The pitcher gets set, winds up, and releases the baseball. Crack! As the baseball sails toward the right field bleachers, a fan sees it coming towards him. Dropping his beer, fighting the crowd, and risking injury, the fan catches the home run... 2010
Meghan P. Carter HOW EVICTIONS FROM SUBSIDIZED HOUSING ROUTINELY VIOLATE THE RIGHTS OF PERSONS WITH MENTAL ILLNESS 5 Northwestern Journal of Law & Social Policy 118 (Spring, 2010) People with severe and persistent mental illness are too often evicted from their housing for reasons that are truly related to a disability, in violation of state and federal law. Evictions are quick and can be initiated and concluded without any consideration of whether a tenant has a disability, despite the fact that a person with a disability... 2010
Matthew Shiers Sternman INTEGRATING THE SUBURBS: HARNESSING THE BENEFITS OF MIXED-INCOME HOUSING IN WESTCHESTER COUNTY AND OTHER LOW-POVERTY AREAS 44 Columbia Journal of Law and Social Problems 1 (Fall, 2010) The opportunity for housing is the central goal of the Fair Housing Act. This can be enhanced through the creation of mixed-income housing developments, which increase the opportunity for integration and benefit those moving to a community, as well as those already there. In New Jersey, the decision in Southern Burlington County NAACP v. Mt. Laurel... 2010
Amnon Lehavi IS LAW UNBOUNDED? PROPERTY RIGHTS AND CONTROL OF SOCIAL GROUPINGS 35 Law and Social Inquiry 517 (Spring, 2010) Fennell, Lee Anne. 2009. The Unbounded Home: Property Values Beyond Property Lines. New Haven, CT: Yale University Press. Pp. xi + 298. $45 paper. This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in metropolitan areas. The model is based on a property... 2010
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