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Full-Text Articles in Law

Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows Jul 2020

Kofifi/Covfefe: How The Costumes Of "Sophiatown" Bring 1950s South Africa To Western Massachusetts In 2020, Emma Hollows

Masters Theses

This thesis paper reflects upon the costume design process taken by Emma Hollows to produce a realist production of the Junction Avenue Theatre Company’s musical Sophiatown at the Augusta Savage Gallery at the University of Massachusetts in May 2020. Sophiatown follows a household forcibly removed from their homes by the Native Resettlement Act of 1954 amid apartheid in South Africa. The paper discusses her attempts as a costume designer to strike a balance between replicating history and making artistic changes for theatre, while always striving to create believable characters.


Health Justice Is Racial Justice: A Legal Action Agenda For Health Disparities, Sheila Foster, Yael Cannon, Maxwell Gregg Bloche Jul 2020

Health Justice Is Racial Justice: A Legal Action Agenda For Health Disparities, Sheila Foster, Yael Cannon, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Acknowledging the urgency of both health and racial justice in this moment, Sheila Foster, Yael Cannon, and M. Gregg Bloche set forth a legal agenda to fight the health effects of racism in housing, policing, the environment, and other areas.


Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines Jul 2020

Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines

Seattle University Law Review SUpra

No abstract provided.


The Pieces Of Housing Integration, Kristen Barnes Jul 2020

The Pieces Of Housing Integration, Kristen Barnes

College of Law - Faculty Scholarship

Notwithstanding the enactment of the Fair Housing Act in 1968, accomplishing racially-integrated housing across the United States remains an unattained goal. The costs associated with this failure are innumerable. Black Americans have endured harms in many areas, including health, education, wealth, and employment. More broadly, the nation has incurred considerable socioeconomic and political costs. In the interdisciplinary book, Moving Toward Integration, authors Richard Sander, Yana Kucheva, and Jonathan Zasloff analyze why the promise of racially-integrated housing remains unfulfilled and identify noteworthy strategies for changing course. Engaging with their arguments, this article highlights several structural impediments to altering racial housing patterns ...


Qap Out: Why The Federal Government Should Require More From How States Allocate Low-Income Housing Tax Credits, Connor Blancato May 2020

Qap Out: Why The Federal Government Should Require More From How States Allocate Low-Income Housing Tax Credits, Connor Blancato

Journal of Law and Policy

Prohibitively high land acquisition and construction costs block affordable housing developers from using the Low-Income Housing Tax Credit program in high opportunity areas. Policymakers must study the history of housing policy in the United States and realize that the LIHTC program works because it suitably balances previously problematic private-market competition, federalism concerns, and compliance issues. Federal lawmakers can look to Qualified Allocation Plans drafted by individual states as a way to encourage the construction of affordable housing without upsetting this equilibrium. To encourage such development, the federal government can require states, in determining tax credit allocations through QAPs, to give ...


Living Landmarks: Equipping Landmark Protection For Today’S Challenges, Kyle Campion May 2020

Living Landmarks: Equipping Landmark Protection For Today’S Challenges, Kyle Campion

Journal of Law and Policy

The past few decades have brought tremendous change to New York City as gentrification continues its march through many of the city’s neighborhoods. This change has transformed formerly neglected neighborhoods into highly desired locations. While these changes have introduced potential benefits to the transformed areas, they have also put immense economic pressure on important local establishments, such as diners, bars, and other informal gathering spaces that played an important role in their communities before the neighborhoods became “hot.” Increasingly, this pressure has resulted in the shuttering of many such local establishments. Their disappearance represents not only a loss of ...


To “Otherwise Make Unavailable”: Tenant Screening Companies’ Liability Under The Fair Housing Act’S Disparate Impact Theory, Shivangi Bhatia May 2020

To “Otherwise Make Unavailable”: Tenant Screening Companies’ Liability Under The Fair Housing Act’S Disparate Impact Theory, Shivangi Bhatia

Fordham Law Review

Tenant screening companies present information to housing providers on prospective tenants’ criminal and eviction histories in the form of background screening reports. These screening reports disproportionately impact racial and gender minorities. Two opposing views exist on whether courts should interpret the Fair Housing Act to cover the discriminatory practices and policies of tenant screening companies. Some believe that background screening reports are a vital part of the housing industry, while others criticize them for their inaccurate, misleading, and discriminatory nature. This Note proposes that, moving forward, courts should interpret § 3604(a) and § 3604(b) of the Fair Housing Act to ...


No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas Apr 2020

No Money, Mo’ Problems: The Attitudes And Experiences Of Homeowners In Default, Tracy Douglas

Pepperdine Dispute Resolution Law Journal

This article discusses differences in foreclosure law, consumer protection, and mediation programs. Then, it will summarize relevant research on the topic of homeowners’ attitudes, financial knowledge, economic hardships, causes of default, and effectiveness of representation. Next, this article will outline the study’s design and methodology followed by the results from the data produced by the study. Then, the results will be analyzed. Finally, policy recommendations and reforms supported by the study’s evidence will be discussed.


Should Covid-19 Empower Strata Corporations To Ban Non-Residents?, Douglas C. Harris Apr 2020

Should Covid-19 Empower Strata Corporations To Ban Non-Residents?, Douglas C. Harris

Faculty Publications

Stories are appearing of condominium developments that have banned non-residents in response to the COVID-19 pandemic. In doing so, they are following governments in Canada at many levels, including national, provincial, and Indigenous, that have prohibited non-residents who are not essential service workers from entering their jurisdictions.


Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk Apr 2020

Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk

Northwestern Journal of Law & Social Policy

Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records ...


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs Apr 2020

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


Law In The Time Of Covid-19, Katharina Pistor Apr 2020

Law In The Time Of Covid-19, Katharina Pistor

Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal ...


The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden Mar 2020

The Loophole In The Florida Notice Requirement For Foster Caregivers, Eve Lumsden

Child and Family Law Journal

No abstract provided.


Why The Ability-To-Repay Rule Is Vital To Financial Stability, Patricia A. Mccoy, Susan M. Wachter Mar 2020

Why The Ability-To-Repay Rule Is Vital To Financial Stability, Patricia A. Mccoy, Susan M. Wachter

Boston College Law School Faculty Papers

Following the 2008 financial crisis, Congress required residential mortgage lenders to make a reasonable determination of borrowers’ ability to repay before extending credit. Most regard this ability-to-repay rule as a consumer-protection provision. Less well-appreciated is the rule’s importance in protecting financial stability.

We respond to a landmark 2015 critique in the University of Pennsylvania Law Review, which argued that the rule will fail to limit bubbles because mortgage lenders will underestimate their liability exposure when home prices are rapidly appreciating and ignore the rule as a consequence. On the contrary, we argue that the ability-to-repay rule acts as a ...


The Macroprudential Implications Of The Qualified Mortgage Debate, Susan M. Wachter, Patricia A. Mccoy Mar 2020

The Macroprudential Implications Of The Qualified Mortgage Debate, Susan M. Wachter, Patricia A. Mccoy

Boston College Law School Faculty Papers

In January 2021, the Consumer Financial Protection Bureau (CFPB or Bureau) will face a decision: renew its special definition for Qualified Mortgages (QMs) made by Fannie Mae and Freddie Mac, abolish that definition, or adopt some other approach to QMs. This seemingly arcane issue, which concerns the so-called Government-Sponsored Enterprise (GSE) Patch,is the subject of fierce debate and a recent Advance Notice of Proposed Rulemaking (ANPR) by the CFPB.

While ostensibly inconsequential to those unfamiliar with the topic, this decision may open the floodgates again to a private-label mortgage system without the necessary regulatory controls to prevent ruinous competition ...


Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick Jan 2020

Where Is Home? The Challenge Of Finding Safe Housing Via Early Lease Termination For Victims Of Domestic Violence, Charlotte Gerchick

Washington and Lee Journal of Civil Rights and Social Justice

This Note addresses the legal recourse of domestic violence victims who are attempting to terminate a lease early for the purpose of escaping domestic violence at home. In March 2013, President Barack Obama signed the reauthorization of the Violence Against Women Act (VAWA). This version of the Act includes Title VI, which protects victims of domestic violence and stalking. Title VI applies to federally subsidized housing. It allows domestic violence victims to terminate a lease early for the purpose of removing themselves from an abusive household. Title VI also makes it illegal to deny or terminate housing assistance based on ...


In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber Jan 2020

In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber

Law Faculty Scholarship

No abstract provided.


Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes Jan 2020

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a ...


An Intentional Conversation About Adr Interventions: Eviction, Poverty And Other Collateral Consequences, Sharon Press Jan 2020

An Intentional Conversation About Adr Interventions: Eviction, Poverty And Other Collateral Consequences, Sharon Press

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Eviction Mediation: An Intentional Conversation Followed By Five More, Noam Ebner, Sharon Press Jan 2020

Eviction Mediation: An Intentional Conversation Followed By Five More, Noam Ebner, Sharon Press

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Disrupting The Eviction Crisis With Conflict Resolution Strategies, Deborah Thompson Eisenberg, Noam Ebner Jan 2020

Disrupting The Eviction Crisis With Conflict Resolution Strategies, Deborah Thompson Eisenberg, Noam Ebner

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


The High Cost Of Eviction: Struggling To Contain A Growing Social Problem, Judith Fox Jan 2020

The High Cost Of Eviction: Struggling To Contain A Growing Social Problem, Judith Fox

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Minnesota Evictions: Where Do We Go From Here, Brooke Bednarczyk Jan 2020

Minnesota Evictions: Where Do We Go From Here, Brooke Bednarczyk

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


“Everybody Loves The Landlord”: Evictions & The Coming Prevention Revolution, Brian G. Gilmore Jan 2020

“Everybody Loves The Landlord”: Evictions & The Coming Prevention Revolution, Brian G. Gilmore

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Not With Strong Hands, Nor With A Multitude Of People: The Statutory History Of The Eviction Procedure In Minnesota, Paul Birnberg, Samuel Spaid Jan 2020

Not With Strong Hands, Nor With A Multitude Of People: The Statutory History Of The Eviction Procedure In Minnesota, Paul Birnberg, Samuel Spaid

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Mediating Disputes That Divide Communities: What Constitutes “Success”?, Joseph B. Stulberg Jan 2020

Mediating Disputes That Divide Communities: What Constitutes “Success”?, Joseph B. Stulberg

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


A Home Is A Good Thing: An Argument For Changing The Eviction Process, Samuel Spaid Jan 2020

A Home Is A Good Thing: An Argument For Changing The Eviction Process, Samuel Spaid

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Justice Served, Housing Preserved: The Ramsey County Housing Court Model, Colleen Ebinger, Elizabeth Clysdale Jan 2020

Justice Served, Housing Preserved: The Ramsey County Housing Court Model, Colleen Ebinger, Elizabeth Clysdale

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


A Framework For Effective And Strategic Eviction Prevention, Maya Brennan Jan 2020

A Framework For Effective And Strategic Eviction Prevention, Maya Brennan

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.