Reuel Schiller LAW, LIBERALISM, AND THE NEW HISTORY OF THE CIVIL RIGHTS MOVEMENT SWEET LAND OF LIBERTY: THE FORGOTTEN STRUGGLE FOR CIVIL RIGHTS IN THE NORTH. BY THOMAS J. SUGRUE. NEW YORK: RANDOM HOUSE. 2008. PP. XXVIII, 688. $35.00 61 Hastings Law Journal 1257 (May, 2010) I'm watching an episode of That's So Raven, a sitcom produced by the Disney Corporation. This is a rather unusual undertaking for me, but I'm stuck on an exercycle at a suburban health club and it's what happens to be on the giant, flat-screen T.V. that is positioned directly in front of me. The title character, Raven, is the older of two children... 2010
Jaclyn M. Essinger MAKING HOMES SAFER WITH SAFE HOMES: A LOOK AT THE CONTROVERSIAL WAY BOSTON ATTEMPTED TO REDUCE YOUTH VIOLENCE 43 Suffolk University Law Review 983 (2010) On March 27, [2007], an 11-year-old boy walked into the John P. Holland elementary school in Boston with a .44 caliber magnum handgun. The gun was taken out of his prepubescent hands before any violence occurred. On June 24, 8-year-old Liquarry Jefferson was needlessly shot to death by his 7-year-old cousin. Liquarry, who attended the Holland... 2010
Benjamin A. Schepis MAKING THE FAIR HOUSING ACT MORE FAIR: PERMITTING SECTION 3604(B) TO PROVIDE RELIEF FOR POST-OCCUPANCY DISCRIMINATION IN THE PROVISION OF MUNICIPAL SERVICES--A HISTORICAL VIEW 41 University of Toledo Law Review 411 (Winter 2010) WHILE it seems logical that the rights acquired through the purchase or rental of a home would include the right to have water, sewer service, or police protection provided to you in the same manner that it is provided to your neighbor, housing discrimination continues to occur throughout the United States. Since 1968, however, the Fair Housing Act... 2010
Christopher C. Ligatti NO TRAINING REQUIRED: THE AVAILABILITY OF EMOTIONAL SUPPORT ANIMALS AS A COMPONENT OF EQUAL ACCESS FOR THE PSYCHIATRICALLY DISABLED UNDER THE FAIR HOUSING ACT 35 Thurgood Marshall Law Review 139 (Spring, 2010) Discrimination saps people's strength and their ability to struggle through each day-hence causing the very depression, hopelessness, anxieties, and suspicions that become the basis for further discrimination. Laws that prohibit . . . this discrimination have been passed; it is up to all of us to learn them, understand them, take them seriously,... 2010
Michelle Ghaznavi Collins OPENING DOORS TO FAIR HOUSING: ENFORCING THE AFFIRMATIVELY FURTHER PROVISION OF THE FAIR HOUSING ACT THROUGH 42 U.S.C. § 1983 110 Columbia Law Review 2135 (December, 2010) This Note analyzes the § 1983 enforceability of the affirmatively further provision of the Fair Housing Act, which requires the Department of Housing and Urban Development to promote nondiscrimination, residential integration, and equal access to housing benefits in its housing programs. Through regulations, this duty also extends to local... 2010
Megan J. Ballard POST-CONFLICT PROPERTY RESTITUTION: FLAWED LEGAL AND THEORETICAL FOUNDATIONS 28 Berkeley Journal of International Law 462 (2010) The international community has recently hailed the restoration of property rights for people uprooted by armed conflict as a means of remedying forced displacement. Proponents of property restitution assert that this remedy can enhance the rule of law in a post-conflict society by promoting reconciliation and bolstering economic and social... 2010
Matthew J. Termine PROMOTING RESIDENTIAL INTEGRATION THROUGH THE FAIR HOUSING ACT: ARE QUI TAM ACTIONS A VIABLE METHOD OF ENFORCING "AFFIRMATIVELY FURTHERING FAIR HOUSING" VIOLATIONS? 79 Fordham Law Review 1367 (December, 2010) This Note uses United States ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County as an entry point into a discussion of residential segregation, the Fair Housing Act (FHA), and enforcement of the FHA's desegregation provision--the Affirmatively Furthering Fair Housing (AFFH) duties. This Note explains why the... 2010
Bernadette Atuahene PROPERTY AND TRANSITIONAL JUSTICE 58 UCLA Law Review Discourse 65 (2010) Transitional justice is the study of the mechanisms employed by communities, states, and the international community to promote social reconstruction by addressing the legacy of systematic human rights abuses and authoritarianism. The transitional justice literature discussing how states can address past civil and political rights violations... 2010
Timothy Zick PROPERTY AS/AND CONSTITUTIONAL SETTLEMENT 104 Northwestern University Law Review 1361 (Fall 2010) Introduction. 1361 I. Equality and Circumvention-by-Disposition. 1368 A. Devise and Divestment--The Baconsfield Saga. 1369 B. Leases of Public Property. 1372 C. Sales, Donations, and Other Transfers. 1375 D. Closures. 1381 II. Property Disposition and Establishment Controversies. 1385 A. Privatization and Religious Symbols. 1386 B. Privatizing Main... 2010
Nestor M. Davidson , Rashmi Dyal-Chand PROPERTY IN CRISIS 78 Fordham Law Review 1607 (March, 2010) Property law generally develops gradually, with doctrine slowly accreting in the interstices of daily conflict and the larger culture of property likewise emerging at a glacial pace. In times of crisis, however, fundamental questions about the nature of ownership and the balance between the individual and the state instantiated in the structure of... 2010
Bernadette Atuahene PROPERTY RIGHTS & THE DEMANDS OF TRANSFORMATION 31 Michigan Journal of International Law 765 (Summer 2010) I. Introduction. 766 A. Literature Review. 769 B. Developing the Transformative Conception. 771 II. Past Property Theft Can Destabilize the Current State: The Case of Southern Africa. 773 A. The History of Property Theft in Southern Africa. 776 B. The Case for Land Reform in Southern Africa. 778 C. Beyond Southern Africa: A Global Perspective. 780... 2010
Sara Aronchick Solow RACIAL JUSTICE AT HOME: THE CASE FOR OPPORTUNITY-HOUSING VOUCHERS 28 Yale Law and Policy Review 481 (Spring 2010) Introduction. 481 I. A New Theory of Justice for Housing Law: Antighettoization. 485 A. Alternative Theories of Justice Embodied in Contemporary U.S. Housing Law. 485 1. Antidiscrimination: The Fair Housing Act. 486 2. Remediation: The Equal Protection Clause. 487 3. Anti-Disparate Impact: Appellate Court Jurisprudence on the Fair Housing Act. 488... 2010
Lauren Fae Silver RECAPTURING ART: A COMPREHENSIVE ASSESSMENT OF THE ITALIAN MODEL FOR CULTURAL PROPERTY PROTECTION 23 New York International Law Review 1 (Summer, 2010) Excavated from the bowels of the earth, deprived of their identity and reduced to mere objects of beauty, without a soul, these pieces conclude their odyssey here today. --Francesco Rutelli, Italy's former culture minister, during a press conference on recently returned looted objects to Italy Common to almost all countries around the world... 2010
Rose Cuison Villazor REDISCOVERING OYAMA V. CALIFORNIA: AT THE INTERSECTION OF PROPERTY, RACE, AND CITIZENSHIP 87 Washington University Law Review 979 (2010) Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California's Alien Land Law, which allowed the state to take an escheat action on property given to U.S. citizens that had been purchased by their parents who were not eligible to become citizens. At the time,... 2010
Chloe M. Jones RELIGIOUS ACCOMMODATION AND HOUSING 75 Brooklyn Law Review 1405 (Summer, 2010) Proper enforcement of the Fair Housing Act's promise of equal housing opportunity and of the First Amendment's guarantee to protect the practice of religion without the government establishing religion can help ensure that all persons live comfortably together in our pluralistic society and that all persons have access to safe, decent, sanitary... 2010
Margaret McEntire THE CONSTRICTION OF RIGHTS: A PROPERTY LAW APPROACH TO CITY-BASED IMMIGRATION INITIATIVES THAT PLACE RENTAL BANS ON CITY BALLOTS 12 Scholar: St. Mary's Law Review on Minority Issues 291 (Winter 2010) I. Introduction. 292 II. Background. 295 A. Genesis and Evolution of Rental Ban Ordinances. 295 B. Conflict of Laws. 296 C. Rental Ban Layout. 297 1. Prohibitions and Requirements for Property Owners. 297 2. Punitive Measures for Violators. 298 3. Harboring Leads to Prosecution. 299 D. Parallel Ordinances and the Alleged Reasoning Behind Their... 2010
Robert C. Ellickson THE FALSE PROMISE OF THE MIXED-INCOME HOUSING PROJECT 57 UCLA Law Review 983 (April, 2010) Since 1970, mixed-income (inclusionary) housing projects have proliferated in the United States. In a community of this sort, only some of the dwelling units, perhaps as few as 10 to 25 percent, are targeted for delivery of housing assistance. Eligible households that successively occupy these particular units pay below-market rents, while the... 2010
Kristina Caffrey THE HOUSE OF THE RISING SUN: HOMEOWNERS' ASSOCIATIONS, RESTRICTIVE COVENANTS, SOLAR PANELS, AND THE CONTRACT CLAUSE 50 Natural Resources Journal 721 (Fall 2010) Private land-use controls in the form of restrictive covenants promulgated by homeowners' associations prevent the effective use and expansion of alternative energy by prohibiting or restricting the use of solar energy devices based on concerns of uniformity and aesthetics. The problem of homeowners' associations discriminating against solar energy... 2010
Pouya Bavafa THE INTENTIONAL TARGETING TEST: A NECESSARY ALTERNATIVE TO THE DISPARATE TREATMENT AND DISPARATE IMPACT ANALYSES IN PROPERTY RENTALS DISCRIMINATION 43 Columbia Journal of Law and Social Problems 491 (Summer, 2010) This Note addresses when a landlord exclusively rents to particular minority groups intending to profit from substandard apartment conditions and services. Because there is no similarly situated group of non-minority tenants with whom they can compare their treatment by the landlord, targeted tenants cannot successfully make a claim of... 2010
Matthew T. Wholey THE INTERNET IS FOR DISCRIMINATION: PRACTICAL DIFFICULTIES AND THEORETICAL HURDLES FACING THE FAIR HOUSING ACT ONLINE 60 Case Western Reserve Law Review 491 (Winter, 2010) The song Everyone's a Little Bit Racist from the popular Broadway musical Avenue Q proclaims, axiomatically, that [e]veryone makes judgments based on race [n]ot big judgments, like who to hire or who to buy a newspaper from just little judgments like thinking that Mexican busboys should learn to speak English! It teaches a troubling lesson that,... 2010
James A. Long THE LOW-INCOME HOUSING TAX CREDIT IN NEW JERSEY: NEW OPPORTUNITIES TO DECONCENTRATE POVERTY THROUGH THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING 66 New York University Annual Survey of American Law 75 (2010) The federal Low Income Housing Tax Credit (LIHTC) program has produced over one million rental housing units from 1995 to 2005, most of which are affordable to low-income tenants. Developers of low-income rental housing apply for federal income-tax credits to subsidize their affordable housing units through a competitive process administered by the... 2010
Steven J. Eagle THE REALLY NEW PROPERTY: A SKEPTICAL APPRAISAL 43 Indiana Law Review 1229 (2010) The simple idea that it needs only a change in some external thing (such as the structure of property rights) to transform the human condition is superstition lurking behind many treatments of the subject. The call for transformation in property law reminds us that there is nothing new under the sun. Moderns have sought secular salvation; first... 2010
Daniel Fitzpatrick, Susana Barnes THE RELATIVE RESILIENCE OF PROPERTY: FIRST POSSESSION AND ORDER WITHOUT LAW IN EAST TIMOR 44 Law and Society Review 205 (June, 2010) Much of the recent literature on customary property relations in sub-Saharan Africa has highlighted underlying characteristics of negotiability and indeterminacy. Custom is prone to reinvention as resource claimants manipulate customary references across multiple forums for property legitimation and authority. This article focuses on the resilience... 2010
Kyra Olds THE ROLE OF COURTS IN MAKING THE RIGHT TO HOUSING A REALITY THROUGHOUT EUROPE: LESSONS FROM FRANCE AND THE NETHERLANDS 28 Wisconsin International Law Journal 170 (Spring 2010) Support for victims of housing rights violations in defining and asserting their rights at a personal and group level is critical. Access to decent housing is a precondition for the exercise of other fundamental rights and for full participation in society. On May 30, 2008, for the first time, a court upheld DALO, (droit au logement opposable... 2010
Matt Hall THE ROLE OF THE EXHAUSTION AND RIPENESS DOCTRINES IN REASONABLE ACCOMMODATION DENIAL SUITS UNDER THE FAIR HOUSING AMENDMENTS ACT 24 BYU Journal of Public Law 347 (2010) Bryant Woods Inn, Inc. seemingly resolved the question of when a locality may require a disabled party to appeal an adverse accommodation request. There, a nursing home operator sued Howard County for failing to make a reasonable accommodation under the Fair Housing Act to allow it to expand its operation. The County argued that because the... 2010
Nicole Stelle Garnett THE UNBOUNDED HOME: PROPERTY VALUES BEYOND PROPERTY LINES BY LEE ANNE FENNELL NEW HAVEN, CT: YALE UNIVERSITY PRESS, 2009, PP. 312. $45.00. 119 Yale Law Journal 1904 (June, 2010) INTRODUCTION. 1906 I. PRICING PROPERTY REGULATION. 1910 A. The Leaky Bucket Problem. 1911 B. Enter Options. 1918 II. PROPERTIZING THE METROPOLITAN COMMONS. 1922 III. SLICING HOMEOWNERSHIP. 1925 A. Structuring Owner-Investor Relationships. 1928 1. Shared Ownership. 1928 2. Derivative Markets and Housing Indices. 1929 3. A New Tenure Form. 1930 B.... 2010
Rebecca Tracy Rotem USING DISPARATE IMPACT ANALYSIS IN FAIR HOUSING ACT CLAIMS: LANDLORD WITHDRAWAL FROM THE SECTION 8 VOUCHER PROGRAM 78 Fordham Law Review 1971 (March, 2010) The Fair Housing Act (FHA) outlaws discrimination in housing based on race, color, religion, national origin, and sex. A plaintiff can win an FHA claim using a disparate impact theory by showing that the defendant's actions had a disproportionately adverse impact on a protected class. This Note will address a circuit court split on whether a... 2010
Janet Thompson Jackson WHAT IS PROPERTY? PROPERTY IS THEFT: THE LACK OF SOCIAL JUSTICE IN U.S. EMINENT DOMAIN LAW 84 Saint John's Law Review 63 (Winter 2010) The individual right of property is not simply an economic right . . . . Individual property rights are also about self-expression, self-governance, belonging, and civic participation. A proper theory of constitutional protection of property should therefore be concerned about possible abuse of government power when cities condemn land, especially... 2010
Louis W. Hensler III WHAT'S SIC UTERE FOR THE GOOSE: THE PUBLIC NATURE OF THE RIGHT TO USE AND ENJOY PROPERTY SUGGESTS A UTILITARIAN APPROACH TO NUISANCE CASES 37 Northern Kentucky Law Review 31 (2010) This essay addresses recurring issues that arise when two or more occupiers of real property use their property in ways that conflict. The real property owner's interest in using and enjoying property as the owner pleases is almost universally regarded as one of the important sticks in the bundle of property interests held by the real property... 2010
Adam Weintraub "LANDLORDS NEEDED, TOLERANCE PREFERRED": A CLASH OF FAIRNESS AND FREEDOM IN FAIR HOUSING COUNCIL V. ROOMMATES.COM 54 Villanova Law Review 337 (2009) Th[e] [Internet's] dynamic--jumbled, anonymous, instantaneous communication--raises some fundamental questions; not least among them those that challenge our comfortably settled understanding of the First Amendment and our right to express ourselves freely. The emergence of the Internet has thoroughly changed the way our society conducts business... 2009
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