Lenese C. Herbert THE "FIRST FAMILY EFFECT:" "LOVE ON TOP" 55 Howard Law Journal 339 (Winter 2012) During the last fifty years, heterosexual marriage rates have declined in the United States. For heterosexual couples, marriage seems a less universal and less stable family form. Marriage seems no longer to be the surest route to financial security for women. Instead, men, compared with their 1970 counterparts, are married to women whose... 2012
Eric S. Tars , Julia Lum , E. Kieran Paul THE CHAMPAGNE OF HOUSING RIGHTS: FRANCE'S ENFORCEABLE RIGHT TO HOUSING AND LESSONS FOR U.S. ADVOCATES 4 Northeastern University Law Journal 429 (Fall, 2012) The United States faces a homelessness crisis of record proportions. Each year, between 1.6 and 3.5 million people experience homelessness, including 1.35 million children. Amid the recent economic downturn and foreclosure crisis, homelessness rates have risen dramatically. In 2010, family homelessness increased by 9%. Social programs provide... 2012
Stacy E. Seicshnaydre THE FAIR HOUSING CHOICE MYTH 33 Cardozo Law Review 967 (February, 2012) 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.... 2012
Jamisen Etzel THE HOUSE OF CARDS IS FALLING: WHY STATES SHOULD COOPERATE ON LEGAL GAMBLING 15 NYU Journal of Legislation and Public Policy 199 (2012) Introduction. 200 I. Background. 203 A. How States Legalize Gambling. 203 B. Early History. 204 C. How Taxes Are Distributed. 209 D. Federalism and Decision-Making. 209 II. Models of Competition. 211 A. The Prisoner's Dilemma and the Race to the Bottom. 214 B. Externalities. 216 III. Evidence of Competition and Negative Effects. 220 A. Are States... 2012
Raymond H. Brescia THE IQBAL EFFECT: THE IMPACT OF NEW PLEADING STANDARDS IN EMPLOYMENT AND HOUSING DISCRIMINATION LITIGATION 100 Kentucky Law Journal 235 (2011-2012) For centuries, when dealing with the facts alleged by litigants in their pleadings, courts have struggled with the question of how much is enough. At what point does a pleading contain facts in sufficient detail to allow a case to proceed? For too long, common law pleading rules were rife with tricks and traps. Courts could dismiss cases for one... 2012
Priscilla A. Ocen THE NEW RACIALLY RESTRICTIVE COVENANT: RACE, WELFARE, AND THE POLICING OF BLACK WOMEN IN SUBSIDIZED HOUSING 59 UCLA Law Review 1540 (August, 2012) This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... 2012
Matthew Shin THE RACE TO GET IN, AND THE STRUGGLE TO GET OUT: THE PROBLEM OF INTER-GENERATIONAL POVERTY IN FEDERAL HOUSING PROGRAMS 40 Washington University Journal of Law & Policy 337 (2012) Escap[ing] public housing projects is a colloquial phrase describing the plight of people struggling to escape publicly subsidized housing projects and assistance programs. This feat often entails overcoming obstacles of considerable magnitude. Even in a modestly performing economy, a given federally subsidized tenant will find innumerable... 2012
Peter K. Yu THE RISE AND DECLINE OF THE INTELLECTUAL PROPERTY POWERS 34 Campbell Law Review 525 (Symposium 2012) Since its reopening to foreign trade in the late 1990s, China has been the poster child of intellectual property piracy and counterfeiting. Virtually every year, the Office of the United States Trade Representative (USTR) lists China on its watch list or priority watch list. The country's piracy and counterfeiting problems have also been frequently... 2012
Guadalupe T. Luna UNITED STATES V. DURO: FARMWORKER HOUSING AND AGRICULTURAL LAW CONSTRUCTIONS 9 Hastings Race and Poverty Law Journal 397 (Summer 2012) Since before the New Deal, the United States' food production system has relied on the labor of migrant agricultural workers. Farmworkers cultivate and harvest key commodities that food legislation requires, and which employers and the United States Department of Agriculture demand. Without farm laborers, growers and producers would risk financial... 2012
J. Janewa Oseitutu VALUE DIVERGENCE IN GLOBAL INTELLECTUAL PROPERTY LAW 87 Indiana Law Journal 1639 (Fall, 2012) From the money in our pockets and the goods and services that we use, to a more peaceful world-the WTO and the trading system offer a range of benefits . . . . China agreed to a series of intellectual property rights commitments that will protect American jobs. It is a challenge for the United States to adequately protect the interests of its... 2012
Shyamkrishna Balganesh "HOT NEWS": THE ENDURING MYTH OF PROPERTY IN NEWS 111 Columbia Law Review 419 (April, 2011) The hot news doctrine refers to a cause of action for the misappropriation of time-sensitive factual information that state laws afford purveyors of news against free riding by a direct competitor. Entirely the offshoot of the Supreme Court's decision in International News Service v. Associated Press, the doctrine enables an information gatherer... 2011
Rayvon Fouché , Sharra Vostral "SELLING" WOMEN: LILLIAN GILBRETH, GENDER TRANSLATION, AND INTELLECTUAL PROPERTY 19 American University Journal of Gender, Social Policy and the Law 825 (2011) I. Introduction. 825 II. Women's Bodies, Vernacular Knowledge, and Intellectual Property. 831 III. The Gilbreth Report: Extracting, Commodifying, and Packaging. 835 IV. Gender Translation. 844 2011
Charles L. Nier, III , Maureen R. St. Cyr A RACIAL FINANCIAL CRISIS: RETHINKING THE THEORY OF REVERSE REDLINING TO COMBAT PREDATORY LENDING UNDER THE FAIR HOUSING ACT 83 Temple Law Review 941 (Summer 2011) On January 27, 2011, after interviewing over 700 witnesses and reviewing millions of pages of documents, the Financial Crisis Inquiry Commission (FCIC) issued a 633-page report examining the causes of the current financial and economic crisis in the United States. While the report scrutinizes the financial crisis in exacting detail, it largely... 2011
Jerome L. Garciano AFFORDABLE COHOUSING: CHALLENGES AND OPPORTUNITIES FOR SUPPORTIVE RELATIONAL NETWORKS IN MIXED-INCOME HOUSING 20-WTR Journal of Affordable Housing & Community Development Law 169 (Winter, 2011) For those currently looking for a silver lining during these challenging economic times, one may be the opportunity to reflect and rethink approaches to supportive community. In response to the loss of connection sensed by many individuals, the growing cohousing movement in the United States now includes some of the most innovative, supportive, and... 2011
James A. Kushner AFFORDABLE HOUSING AS INFRASTRUCTURE IN THE TIME OF GLOBAL WARMING 42/43 Urban Lawyer 179 (Fall, 2010/Winter, 2011) Remedying the absence of an adequate supply of affordable housing has been a target of comprehensive planning for nearly two generations. Despite a number of jurisdictions making that goal a mandatory component of local planning, attempts to achieve it have proven Pyrrhic. During the current period of economic recession and real estate distress,... 2011
Ronnie Cohen , Shannon O'Byrne BURNING DOWN THE HOUSE: LAW, EMOTION AND THE SUBPRIME MORTGAGE CRISIS 45 Real Property, Trust and Estate Law Journal 677 (Winter, 2011) Editors' Synopsis: Emotion receives very little consideration in contract law because contract law tends to exclude emotion in favor of individual autonomy and predictability. This Article takes a unique position with regard to emotion's role in the subprime mortgage crisis. The authors argue that the failure to consider homebuyers' emotions... 2011
Donnalee Donaldson CAN WE STOP THE MADNESS? FINDING LEGAL SOLUTIONS TO THE HOUSING CRISIS FACING THE MENTALLY ILL 5 Southern Region Black Law Students Association Law Journal 38 (Spring, 2011) In recent years, the plight of the mentally ill has become a more pressing issue in American society. The needs of the developmentally disabled should be of great concern to minority groups, as they tend to disproportionately suffer from these conditions. African Americans have the highest rate of severe disability of any ethnic group in the... 2011
Terry L. Turnipseed COMMUNITY PROPERTY V. THE ELECTIVE SHARE 72 Louisiana Law Review 161 (Fall, 2011) There is certainly no doubt that community property has its faults. But, as with any flawed thing, one must look at it in comparison with the alternatives: separate property and its companion, the elective share. This Article argues that the elective share is so flawed that it should be jettisoned in favor of community property. The elective share... 2011
Louis P. Malick CUOMO V. CLEARING HOUSE ASSOCIATION, L.L.C.: STATES ENFORCING STATE LAWS AGAINST NATIONAL BANKS 6 Journal of Business & Technology Law 487 (2011) The Supreme Court held in Cuomo v. Clearing House Ass'n, L.L.C. that state attorneys general may bring suit against national banks to enforce non-preempted state laws. In so doing, the Court invalidated a federal regulation interpreting the National Bank Act that gave the Office of the Comptroller of the Currency exclusive visitorial control over... 2011
Daniel J. Gifford DOMINANCE, INNOVATION, AND EFFICIENCY: MODIFYING ANTITRUST AND INTELLECTUAL PROPERTY DOCTRINES TO FURTHER WELFARE 40 Hofstra Law Review 437 (Winter 2011) I. Introduction. 437 II. Patent Law and Price Discrimination. 439 A. The Patent System's Tradeoff Between Innovation and Market Power. 439 B. Section 271 of the Patent Act. 443 1. Independent Ink, Inc. and the Patent Misuse Doctrine. 443 3. A Tentative Economic Evaluation of Section 271. 448 a. The Economics of Section 271. 448 b. The Case of the... 2011
Matthew Jordan Cochran FAIRNESS IN DISPARITY: CHALLENGING THE APPLICATION OF DISPARATE IMPACT THEORY IN FAIR HOUSING CLAIMS AGAINST INSURERS 21 George Mason University Civil Rights Law Journal 159 (Spring 2011) Risk discrimination is not race discrimination . . ., but is a higher [premium] for fire insurance in an inner city neighborhood attributable to risks of arson or to racial animus? Similarly, given the marked disparity between the credit scores of minorities and whites, does a facially race-neutral practice like credit-based insurance scoring... 2011
Paulo Barrozo FINDING HOME IN THE WORLD: A DEONTOLOGICAL THEORY OF THE RIGHT TO BE ADOPTED 55 New York Law School Law Review 701 (2010/2011) The family is a political institution, and it is so in two complementary ways. First, the family is political in the sense that it is usually on families that the development of the individual's mature capacities for political engagement first hinge. But the family is also political because political choices--whether in the form of legislative or... 2011
Maureen R. St. Cyr GENDER, MATERNITY LEAVE, AND HOME FINANCING: A CRITICAL ANALYSIS OF MORTGAGE LENDING DISCRIMINATION AGAINST PREGNANT WOMEN 15 University of Pennsylvania Journal of Law and Social Change 109 (2011) INTRODUCTION. 109 I. WHAT IS THE PROBLEM AND WHY ARE WE SEEING IT NOW?. 113 A. Mortgage Discrimination Against Expectant Mothers Today. 113 B. Discriminatory Denial of Loans In the Wake of the Credit Crisis. 118 C. Loan Underwriting and the Concept of Creditworthiness. 119 II. THE STATUTORY FRAMEWORK: A HISTORICAL OVERVIEW. 122 A. The Fair Housing... 2011
Joseph Blocher GOVERNMENT PROPERTY AND GOVERNMENT SPEECH 52 William and Mary Law Review 1413 (April, 2011) The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property... 2011
Craig H. Baab HEIR PROPERTY: A CONSTRAINT FOR PLANNERS, AN OPPORTUNITY FOR COMMUNITIES THE LEGACY OF STEVE LARKIN 63 Planning & Environmental Law 3 (November, 2011) Not much is known about Steve Larkin. He left South Carolina as a freed slave and migrated to Cuba, Alabama, where over time he accumulated upwards of 900 acres of the fertile Black Belt where Cuba is situated, just across the border from Meridian, Mississippi. He married and apparently had one child, Bryant. While hundreds of his living heirs know... 2011
Jennifer C. Nash 'HOME TRUTHS' ON INTERSECTIONALITY 23 Yale Journal of Law & Feminism 445 (2011) If nothing else, Black feminism deals in home truths. ABSTRACT: In the wake of intersectionality's trans-disciplinary institutionalization, this Article considers how the meaning and practice of intersectionality has changed in different historical moments. This Article studies three periods in black feminism's long history of doing... 2011
Daniel R. Mandelker HOUSING QUOTAS FOR PEOPLE WITH DISABILITIES: LEGISLATING EXCLUSION 43 Urban Lawyer 915 (Fall, 2011) The transfer of people with disablities from state institutions to residential housing is one of the great migrations in recent history, but finding adequate housing is difficult. Laws that enact housing quotas make this task even harder. Quotas can require a minimum distance between group homes, limit the number of group homes that can be allowed... 2011
Stacy E. Seicshnaydre HOW GOVERNMENT HOUSING PERPETUATES RACIAL SEGREGATION: LESSONS FROM POST-KATRINA NEW ORLEANS 60 Catholic University Law Review 661 (Spring, 2011) I. The Well-Established Prohibition on Racial Segregation in Government-Assisted Housing Programs. 664 II. The Difficulty of Reversing Entrenched Patterns of Racial Segregation in the Nation's Housing Programs. 669 III. The Particular Difficulties New Orleans Has Faced in Eliminating Racial Segregation in Government-Assisted Housing Programs. 674... 2011
Justin P. Steil INNOVATIVE RESPONSES TO FORECLOSURES: PATHS TO NEIGHBORHOOD STABILITY AND HOUSING OPPORTUNITY 1 Columbia Journal of Race and Law 63 (January, 2011) This Article argues that the current foreclosure crisis illustrates how economic stability and racial justice are intertwined. Recent research has found that the more racially segregated a metropolitan region is, the higher the number and rate of its foreclosures. Indeed, the high levels of racial residential segregation in the U.S. facilitated... 2011
Anthony V. Alfieri INTEGRATING INTO A BURNING HOUSE: RACE- AND IDENTITY-CONSCIOUS VISIONS IN BROWN'S INNER CITY 84 Southern California Law Review 541 (March, 2011) I went to school. Most of the time we didn't have any books. When we got books they were old books, but I went to school. I. INTRODUCTION. 542 II. INTEGRATIONIST IDEALS: A COMMON SCHOOL VISION OF BROWN. 545 A. Brown's Legacy. 546 1. Brown in Context. 547 2. Post- Brown Desegregation and Integration. 554 B. Brown's Vision. 557 1. Inclusion and... 2011
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