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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 Oct 2010

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 Oct 2010

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 Oct 2010

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 Sep 2010

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.


Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz Jul 2010

Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz

University of Michigan Journal of Law Reform

Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private …


Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore Jan 2010

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.