Lolita Buckner Inniss FROM SPACE-OFF TO REPRESENTED SPACE: A REVIEW OF REIMAGINING EQUALITY: STORIES OF GENDER, RACE, AND FINDING HOME BY ANITA HILL. BOSTON: BEACON PRESS, 2011. 195 PP. $25.95 HARDBACK. 28 Berkeley Journal of Gender, Law & Justice 138 (Winter 2013) In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of home, focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In... 2013
Wayne Wagner HOMELESS PROPERTY RIGHTS: AN ANALYSIS OF HOMELESSNESS, HONOLULU'S "SIDEWALK LAW," AND WHETHER REAL PROPERTY IS A CONDITION PRECEDENT TO THE FULL ENJOYMENT OF RIGHTS UNDER THE U.S. CONSTITUTION 35 University of Hawaii Law Review 197 (Winter, 2013) There was a big high wall there that tried to stop me; Sign was painted, it said private property; But on the back side it didn't say nothing; This land was made for you and me. -Woody Guthrie This Land is Your Land I. Introduction. 198 II. Homelessness in Hawai'i: A Background. 201 III. Anti-homeless State and City Legislation and Activity. 204... 2013
Wayne Wagner HOMELESS PROPERTY RIGHTS: AN ANALYSIS OF HOMELESSNESS, HONOLULU'S "SIDEWALK LAW," AND WHETHER REAL PROPERTY IS A CONDITION PRECEDENT TO THE FULL ENJOYMENT OF RIGHTS UNDER THE U.S. CONSTITUTION 35 University of Hawaii Law Review 197 (Winter, 2013) There was a big high wall there that tried to stop me; Sign was painted, it said private property; But on the back side it didn't say nothing; This land was made for you and me. -Woody Guthrie This Land is Your Land I. Introduction. 198 II. Homelessness in Hawai'i: A Background. 201 III. Anti-homeless State and City Legislation and Activity. 204... 2013
Ryan D. Dreveskracht HOUSE REPUBLICANS ADD INSULT TO NATIVE WOMEN'S INJURY 3 University of Miami Race & Social Justice Law Review 1 (2013) Introduction. 1 Background and Context. 2 What's the Big Deal? It Isn't That Bad.. 12 Constitutionality and Supreme Court Review. 21 Conclusion. 27 2013
Alexander Polikoff HOUSING VOUCHER MOBILITY: AN OVERLOOKED FAIR HOUSING ISSUE 46 John Marshall Law Review 1089 (Summer, 2013) Sadly, forty-five years after the Fair Housing Act became law, our society is still plagued with unacceptably high levels of residential segregation. For children growing up in high-poverty urban areas today, the consequences are in some ways worse than they were when Senator Mondale famously proclaimed that the reach of the proposed law was to... 2013
David Min HOW GOVERNMENT GUARANTEES PROMOTE HOUSING FINANCE STABILITY 50 Harvard Journal on Legislation 437 (Summer, 2013) In the aftermath of the financial crisis, major reforms of the U.S. housing finance system are likely. One of the key issues facing policy makers in this area is whether and to what extent the federal government should maintain its current role in the residential mortgage markets. Since the New Deal, the federal government has guaranteed the... 2013
Kristen Ulan HOW UNCERTAINTY IN THE REDRAWING OF SCHOOL DISTRICTS AFFECTS HOUSING PRICES, A CASE STUDY: COMPARING NEIGHBORHOODS IN CHARLOTTE, NORTH CAROLINA AND COLUMBIA, MARYLAND 2 University of Baltimore Journal of Land and Development 113 (Spring 2013) While price is a significant factor in purchasing real estate, more important is location. Different individuals have varied location requirements for their desired property. Younger individuals and couples without immediate family plans typically do not consider the assigned schools as much as a family with young children. Likewise, for those with... 2013
Andrew Lee INTELLECTUAL PROPERTY, MORAL RIGHTS, AND SOCIAL UTILITY: A CLASFICALLY LIBERAL EXPLORATION OF THE NORMATIVE AND PRACTICAL IMPLICATIONS OF INTELLECTUAL PROPERTY RIGHTS 7 NYU Journal of Law & Liberty 431 (2013) Introduction. 432 I. Overview: Moral And Consequentialist Perspectives. 434 A. Moral Arguments. 435 1. Categorizing the Moral Foundations of Intellectual Property. 437 B. Consequentialist Arguments. 441 C. Synthesis. 450 II. Natural and Imposed Scarcity. 452 III. Intellectual Property Rights in the Modern Context. 456 A. Trademarks: The Odd Man... 2013
Stacy E. Seicshnaydre IS DISPARATE IMPACT HAVING ANY IMPACT?AN APPELLATE ANALYSIS OF FORTY YEARS OF DISPARATE IMPACT CLAIMS UNDER THE FAIR HOUSING ACT 63 American University Law Review 357 (December, 2013) After four decades of unanimity in the circuit courts, with several denials of certiorari by the Supreme Court, the Court has recently granted certiorari in two cases to resolve the apparently settled question of whether the disparate impact theory is cognizable under the Fair Housing Act (FHA). Although these two recent cases, Magner v. Gallagher... 2013
R. Ian Forrest KÀN BÚ TÀI DŎNG: THE FAIR HOUSING ACT, LANGUAGE DISCRIMINATION, AND CHINESE CLASSIFIEDS 101 Kentucky Law Journal 839 (2012-2013) While flipping through the classifieds in search of a new apartment, you come across the following two advertisements: Philadelphia. Duplex N of town, rent 5K Which are you more likely to answer? The vast majority of Americans will respond to the first advertisement, coincidentally picking the more expensive option, because the nine recently... 2013
Christopher J. Wahl KEEPING HELLER OUT OF THE HOME: HOMEOWNERS ASSOCIATIONS AND THE RIGHT TO KEEP AND BEAR ARMS 15 University of Pennsylvania Journal of Constitutional Law 1003 (January, 2013) The homeowners association (HOA) of Nashboro Village in Nashville, Tennessee, adopted a rule in 2007 prohibiting the possession of guns in the neighborhood's homes. The rule was passed in response to an increase of crime in the area, but residents responded furiously, claiming in the local media that the rule was unconstitutional and a threat to... 2013
Gengzhao Chen , Berry F.C. Hsu LAW AND POLICY IN THE SUSTAINABILITY OF AFFORDABLE HOUSING: THE CASE OF CHINA 30 UCLA Pacific Basin Law Journal 259 (Spring 2013) Affordable housing has an important effect on the long-term economic development and competitiveness of a region. It also plays a significant role in reducing urban poverty and maintaining social stability. This paper aims to explore the concept of sustainability related to affordable housing in China and to discuss why an integrated approach to... 2013
John W. McGee MT. HOLLY v. MT. HOLLEY GARDENS: DISPARATE IMPACT AND THE FAIR HOUSING ACT 41 Real Estate Law Journal 429 (Spring, 2013) Race discrimination hampers our economic growth by preventing the maximum development of our manpower, by contradicting at home the message we preach abroad. It mars the atmosphere of a united and classless society in which this Nation rose to greatness. It increases the costs of public welfare, crime, delinquency, and disorder. Above all, it is... 2013
Nestor M. Davidson NEW FORMALISM IN THE AFTERMATH OF THE HOUSING CRISIS 93 Boston University Law Review 389 (March, 2013) Introduction. 390 I. In the Aftermath: The Housing Crisis in the Courts. 396 A. The System Breaks Down. 396 1. A Snapshot of the Housing Boom and Bust. 396 2. The Structural Interface Between Primary and Secondary Mortgage Markets. 399 B. Patterns in the Ensuing Mortgage Distress Jurisprudence. 402 1. Formalism Emerging. 403 a. Standing,... 2013
Allison Brownell Tirres OWNERSHIP WITHOUT CITIZENSHIP: THE CREATION OF NONCITIZEN PROPERTY RIGHTS 19 Michigan Journal of Race and Law 1 (Fall 2013) At the nation's founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for... 2013
Peter Goodrich , Sonia K. Katyal , Rebecca Tushnet PANEL I: CRITICAL LEGAL STUDIES IN INTELLECTUAL PROPERTY AND INFORMATION LAW SCHOLARSHIP 31 Cardozo Arts and Entertainment Law Journal 601 (2013) Peter Goodrich: I won't lead so much as follow but many thanks to Sarah and Agatha. One of the most remarkable features of today's event lies in the fact that it is entirely student led, student driven, student motivated, and student organized. So just a few words about Critical Legal Studies (CLS), because the only reason I'm here is that I am a... 2013
Lily Kahng PATH DEPENDENCE IN TAX SUBSIDIES FOR HOME SALES 65 Alabama Law Review 187 (2013) At a time of looming fiscal crisis and virtual unanimity that tax expenditures must be curtailed, tax subsidies for homeownership stand out as among the most costly and unfair of these expenditures. As a result of tax subsidies for homeownership, the government foregoes billions of dollars in revenue each year, most of which benefits wealthy... 2013
Justin Graham PLAYING "FAIR" WITH URBAN REDEVELOPMENT: A DEFENSE OF GENTRIFICATION UNDER THE FAIR HOUSING ACT'S DISPARATE IMPACT TEST 45 Arizona State Law Journal 1719 (Winter 2013) I. Introduction. 1721 II. Magner and the Politics of Gentrification in St. Paul. 1725 III. A Brief History of Gentrification in American Cities. 1729 A. Defining Gentrification. 1729 B. The Flight to the Suburbs and Decline of the Urban Core. 1731 C. Back to the City. 1733 IV. Municipal Policies That Promote Gentrification. 1735 A. Tax Incentives... 2013
Kirsten Matoy Carlson PRICELESS PROPERTY 29 Georgia State University Law Review 685 (Spring, 2013) In 2011, the poorest American Indians in the United States refused to accept over one billion dollars from the United States government. They reiterated their long-held belief that money--even $1.3 billion--could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills... 2013
Bela August Walker PRIVILEGE AS PROPERTY 42 Washington University Journal of Law & Policy 47 (2013) In 2008, after the election of President Barack Obama, voices throughout the nation rose up to declare the beginning of a new epoch in U.S. history: We have now moved beyond race. The vocabulary of colorblindness dates back to at least the nineteenth century, when Justice John Marshall Harlan first declared, [o]ur constitution is color-blind, and... 2013
Kelianne Chamberlain PROPERTY LAW--ONCE A ROAD, ALWAYS A ROAD?: HOW THE WYOMING SUPREME COURT IS LEAVING RURAL LANDOWNERS IN LIMBO; KING v. BOARD OF COUNTY COMMISSIONERS OF FREMONT, 244 P.3D 473 (WYO. 2010) 13 Wyoming Law Review 69 (2013) The Wyoming Supreme Court's holding in King v. Board of County Commissioners of Fremont dealt a significant blow to rural landowners seeking certainty in their land title. Over eighty years after the Fremont County Board of County Commissioners (Commission) improperly established Bunker Road, Edward and Janice King purchased property without... 2013
Dr. Dana Raigrodski PROPERTY, PRIVACY AND POWER: RETHINKING THE FOURTH AMENDMENT IN THE WAKE OF U.S. V. JONES 22 Boston University Public Interest Law Journal 67 (Winter 2013) I. Introduction. 68 II. The Multi-Layered Meanings of Privacy and the Public-Private Divide in Fourth Amendment Law. 72 A. Protecting the Private Sphere--The Paradigm of the Home and Private Property. 72 B. Intimacy and the Family-Market Dichotomy. 78 C. Constructing Privacy--Conflating the Dichotomies. 81 III. Deconstructing Privacy and the... 2013
J. Frank Vespa-Papaleo, Kenneth J. Carroll PROUDLY OPENING THE DOORS TO FAIR HOUSING 282-JUN New Jersey Lawyer, the Magazine 31 (June, 2013) The story of HUD is a story of expanding civil rights--a story that begins with a painful history, but leaves a proud legacy: one of opening the doors of America's homes to all Americans. HUD Secretary Shaun Donovan National Center for Transgender Equality Conference Nov. 15, 2011 In 1965, the United States Department of Housing and Urban... 2013
Erica Frankenberg , Genevieve Siegel-Hawley PUBLIC DECISIONS AND PRIVATE CHOICES: REASSESSING THE SCHOOL-HOUSING SEGREGATION LINK IN THE POST-PARENTS INVOLVED ERA 48 Wake Forest Law Review 397 (Spring 2013) As the public school enrollment--and the nation more generally--becomes increasingly diverse, the importance of integrated schools for preparing students for the future is especially apparent. Moreover, the consensus of six decades of social science literature is that there are important educational and social benefits of racially diverse schools... 2013
Christopher Serkin , Leslie Wellington PUTTING EXCLUSIONARY ZONING IN ITS PLACE: AFFORDABLE HOUSING AND GEOGRAPHICAL SCALE 40 Fordham Urban Law Journal 1667 (October, 2013) Introduction. 1667 I. The Local Focus of Exclusionary Zoning. 1669 II. The Spatial Dynamics of Exclusionary Zoning. 1673 A. The Needs of Lower-Income Households. 1674 B. The Problem of Exclusion Reassessed. 1677 C. Modern Forms of Exclusion. 1682 III. Rejecting an Ordinance-Centric Focus. 1688 Conclusion. 1695 2013
Swati Prakash RACIAL DIMENSIONS OF PROPERTY VALUE PROTECTION UNDER THE FAIR HOUSING ACT 101 California Law Review 1437 (October, 2013) Nearly fifty years after the passage of the Fair Housing Act, race-based residential segregation remains remarkably persistent, as do significant racial disparities in economic well-being. This Comment argues that one contributing factor to the persistence of segregation is different access to legal protections for property value enjoyed by... 2013
Linda S. Finley REAL PROPERTY 65 Mercer Law Review 233 (Fall 2013) For the last several years, the Author has begun this Survey with a comment about the American economy and the increase in the number of foreclosures facing Georgia homeowners. Although the number of residential foreclosures appears to be decreasing, the plight of homeowners remains a critical issue. Rest assured, this Article does not limit itself... 2013
Robert F. Ley REVIVING HOUSING RIGHTS OF THE UNDOCUMENTED THROUGH DISPARATE IMPACT AND THE FOURTEENTH AMENDMENT: THE PROBLEM WITH THE FHA, § 1981, & PREEMPTION 23 Berkeley La Raza Law Journal 35 (2013) Anti-immigrant housing ordinances have become a tool for state authorities in their efforts to curb local effects of a defunct federal immigration scheme. Federal frustration and resentment has culminated in state resistance through ordinances inquiring into citizenship status as a condition for renting or leasing property. The legality of these... 2013
Carlie Armstrong SLOW PROGRESS: NEW FEDERAL RULES ONLY BEGIN TO ADDRESS HOUSING DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY 9 Modern American 2 (Summer, 2013) LGBT discrimination is real and . we need to do something about it. -- Secretary Shaun Donovan, U.S. Department of Housing and Urban Development I always envied Jake's apartment. There were obvious reasons, like the sunny porch and full dining room, but ultimately it was the space that I coveted. While my boyfriend and I tripped over each other... 2013
Ezra Rosser THE AMBITION AND TRANSFORMATIVE POTENTIAL OF PROGRESSIVE PROPERTY 101 California Law Review 107 (February, 2013) The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions,... 2013
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