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Articles 1 - 11 of 11
Full-Text Articles in Law
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, 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, David B. Oppenheimer
Golden Gate University Law Review
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 the story of that campaign and the courageous judicial decisions that nullified the initiative.
Justifying Discrimination: How The Ninth Circuit Circumvented The Intent Of The Fair Housing Act, Katherine Brinson
Justifying Discrimination: How The Ninth Circuit Circumvented The Intent Of The Fair Housing Act, Katherine Brinson
Golden Gate University Law Review
This Note argues that the test applied by the Ninth Circuit in Community House was unreasonably inflexible and inconsistent with the goals of the Fair Housing Act, and that, by allowing for only limited, inflexible exceptions, the court foreclosed an opportunity to expand free or affordable housing for homeless women, men, and families. By contrast, a more flexible approach that weighs the adverse impact on the alleged victim against the benefits of the offered justifications, would better serve the purposes of the Fair Housing Act by allowing each community to maximize the housing opportunities it offers.
Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites, Diane J. Klein, Charles Doskow
Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites, Diane J. Klein, Charles Doskow
Golden Gate University Law Review
This Article illuminates the bases of the Ninth Circuit's decision in Fair Housing Council v. Roommates.com and clarifies the issues on remand.
City Of Edmonds V. Oxford House, Inc.: Opening Doors To Housing For Handicapped Persons, Michelle R.K. Todus
City Of Edmonds V. Oxford House, Inc.: Opening Doors To Housing For Handicapped Persons, Michelle R.K. Todus
Golden Gate University Law Review
This note will begin with an examination of the Edmond Court's reasoning, and follow with a brief discussion of Oxford House and the FHA. Next, the important role Oxford House has played in challenging discriminatory housing practices will be summarized. This note will then examine the Congressional intent behind the FHA, concluding with a brief exploration of the national impact this decision may have on handicapped persons and local ordinances.
Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis
Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis
Golden Gate University Law Review
Residence restrictions are frequently imposed on the custodial, but not the noncustodial, parent. These restrictions come into play when the custodial parent wishes to move with the child, the noncustodial parent opposes the move, and a court is called upon to resolve the dispute. The court will do so based upon a determination of what it judges to be in the best interests of the child. The best interests inquiry ultimately resolves itself into a question of whether the custodial parent's reasons for making the move are sufficiently substantial to outweigh the noncustodial parent's interest in existing visitation privileges. A …
Fisher V. City Of Berkeley: Applying Due Process And Preemption To Rent Control Ordinances, Scott T. Dunning
Fisher V. City Of Berkeley: Applying Due Process And Preemption To Rent Control Ordinances, Scott T. Dunning
Golden Gate University Law Review
In Fisher v. City of Berkeley, the California Supreme Court addressed the validity of Berkeley's latest rent control ordinance. With the exception of a retaliatory eviction provision, the court upheld the ordinance against all challenges. These challenges included alleged due process violations, and claims that certain provisions in the ordinance were preempted by state law. The Fisher court discussed five relevant issues: 1) the facial validity of the ordinance's rate of return standard; 2) the facial validity of the ordinance's rate adjustment procedures; 3) whether the ordinance constitutes an unreasonable restraint on the alienation of property; 4) the validity of …
California's Housing Element Guidelines And The Housing Crisis, Michael Rawson
California's Housing Element Guidelines And The Housing Crisis, Michael Rawson
Golden Gate University Law Review
No abstract provided.
Lender Liability For Failure To Enforce Life-Threatening Housing Code Violations, Eric B. Rasmussen
Lender Liability For Failure To Enforce Life-Threatening Housing Code Violations, Eric B. Rasmussen
Golden Gate University Law Review
No abstract provided.
Birkenfeld V. City Of Berkeley: Blueprint For Rent Control In California, Michael L. Marowitz
Birkenfeld V. City Of Berkeley: Blueprint For Rent Control In California, Michael L. Marowitz
Golden Gate University Law Review
No abstract provided.
The Right To A Decent Home, Stephen Nathan Dorsi
The Right To A Decent Home, Stephen Nathan Dorsi
Golden Gate University Law Review
No abstract provided.
Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro
Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro
Golden Gate University Law Review
No abstract provided.