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Full-Text Articles in Law

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook Jan 2017

Law School Clinic And Community Legal Services Providers Collaborate To Advance The Remedy Of Implied Warranty Of Habitability In Missouri, Karen Tokarz, Zachary Schmook

Washington University Journal of Law & Policy

This Essay discusses the economic and public policy concerns regarding the implied warrant of habitability law and the ability of tenants in the state of Missouri can raise effective defenses to rent and possession/eviction actions. The authors, Tokarz and Schmook, director and supervising attorney, respectively, of Washington University’s Civil Rights and Community Justice Clinic, evaluate these issues in light of Kohner Props., Inc. v. Johnson, which currently awaits a decision from the Missouri Supreme Court. Tokarz and Schmook use statistical analysis to identify recent trends in favorable results for landlords in disputes with tenants and stress the effects ...


(B)Light At The End Of The Tunnel? How A City’S Need To Fight Vacant And Abandoned Properties Gave Rise To A Law School Clinic Like No Other, Daniel M. Schaffzin Jan 2016

(B)Light At The End Of The Tunnel? How A City’S Need To Fight Vacant And Abandoned Properties Gave Rise To A Law School Clinic Like No Other, Daniel M. Schaffzin

Washington University Journal of Law & Policy

This Article, by Professor Daniel Shaffzin from the University of Memphis School of Law, examines the rise and devastating effects of the nationwide vacant and abandoned property epidemic, the statutory authority available in Tennessee to pursue recourse against the owners of such property, and the broader blight-fighting strategy being employed by the City, which precipitated the launch of the University of Memphis Law School Neighborhood Preservation Clinic. Shaffzin next examines the Clinic’s multi-layered design and articulates the benefits that the Clinic has conferred upon its students, the Law School, and the City of Memphis. Shaffzin concludes that the Neighborhood ...


Section 8 Is The New N-Word: Policing Integration In The Age Of Black Mobility, Norrinda Brown Hayat Jan 2016

Section 8 Is The New N-Word: Policing Integration In The Age Of Black Mobility, Norrinda Brown Hayat

Washington University Journal of Law & Policy

This Article addresses the concept of black mobility within the context of Section 8 housing vouchers. Hayat explores the rise of racially coded language and its impact on racially discriminatory housing measures, highlighting the intersectionality between narratives of black criminality and the implicit biases of Section 8 proponents. Hayat argues for eradication of Section 8 enforcement schemes and facially race-neutral policies to promote the elimination of hyper-segregated neighborhoods.


Rejecting Federal Preference: Why Courts Should Not Exempt Fannie Mae And Freddie Mac Properties From Cities’ Vacant Property Registration Ordinances, Matthew Connelly Jan 2015

Rejecting Federal Preference: Why Courts Should Not Exempt Fannie Mae And Freddie Mac Properties From Cities’ Vacant Property Registration Ordinances, Matthew Connelly

Washington University Journal of Law & Policy

This Note discusses the recent trend in local vacant property registration ordinances. In essence, these ordinances have become increasingly popular since the burst of the housing bubble, as they require either homeowners or their mortgage lenders to register property upon abandonment. Specifically, this Note argues that properties held by Fannie Mae and Freddie Mac should not be exempted from the control of the ordinances, as such a large exemption will likely inhibit cities’ abilities to maintain abandoned property.


Limited Equity Cooperatives: The Non-Economic Value Of Homeownership, Julie D. Lawton Jan 2014

Limited Equity Cooperatives: The Non-Economic Value Of Homeownership, Julie D. Lawton

Washington University Journal of Law & Policy

Economists have argued there are two main purposes of homeownership. The first is housing as a utility for consumption, and the second is housing as an investment vehicle. Legal scholars, on the other hand, view homeownership in more personal terms. Margaret Radin, in her watershed article, argues that homeownership is so closely imbued with the person that it is affirmatively part of one‘s self—the personhood of property. Radin suggests that one‘s home is such a part of the way a person constitutes oneself that the property becomes an element of personhood, something no longer entirely external to ...


Shades Of The American Dream, Dorothy A. Brown Jan 2009

Shades Of The American Dream, Dorothy A. Brown

Washington University Law Review

Federal tax policies such as the mortgage interest deduction do not generally encourage anyone to become a homeowner, yet they do increase the cost of housing. Low-income homeowners regardless of race are least likely to be able to take advantage of the mortgage interest deduction. They pay for a benefit that they cannot receive. Middle- and upper-income black homeowners are less likely than middle- and upper-income white homeowners to benefit from federal tax laws supporting homeownership in different ways. The appreciation of most middle- and upper-income black homes is significantly less than the appreciation of middle- and upper income white ...


Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach Jan 2006

Tax Expenditures, Principal-Agent Problems, And Redundancy, David A. Weisbach

Washington University Law Review

This Article considers tax expenditures from two related perspectives. First, it analyzes how the incentives on Congress to use a tax expenditure change when principal-agent problems are considered. For example, it considers whether tax expenditures can reduce moral hazard or adverse selection problems created by delegations to expert agencies. Second, it considers the condition under which tax expenditures should be expected to be redundant with direct expenditures, as many are. The two perspectives—principal-agent problems and redundancy—are related because redundancy is often seen as a solution to the principal-agent problem. The Article concludes that both principal-agent concerns and redundancy ...


Title V Of The Stewart B. Mckinney Homeless Assistance Act: Local Communities Often Blinded By The Right, Tim Grasser Jan 2005

Title V Of The Stewart B. Mckinney Homeless Assistance Act: Local Communities Often Blinded By The Right, Tim Grasser

Washington University Law Review

No abstract provided.


Asserted Federal Devolution Of Public Housing Policy And Administration: Myth Or Reality, Otto J. Hetzel Jan 2000

Asserted Federal Devolution Of Public Housing Policy And Administration: Myth Or Reality, Otto J. Hetzel

Washington University Journal of Law & Policy

No abstract provided.


Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry W. Mcgee Jr. Jan 2000

Equity And Efficacy In Washington State's Gma Affordable Housing Goal, Henry W. Mcgee Jr.

Washington University Journal of Law & Policy

This Essay considers the basis for the Growth Management Act’s affordable housing goal, considers the relationship between its achievement and the reduction of urban sprawl. It also links the Growth Management Act’s goal of an equitable distribution of housing resources to a fundamental social aspiration described by the United States Congress as a “decent home and living environment for all Americans.” Indeed, it will be argued that the economic disparity and inequity directly linked to urban sprawl—both a cause as well as an effect—are locked ineluctably to a pathological social process in which they feed upon ...


Whither “Fair” Housing: Mediations On Wrong Paradigms, Ambivalent Answers, And A Legislative Proposal, Charles E. Daye Jan 2000

Whither “Fair” Housing: Mediations On Wrong Paradigms, Ambivalent Answers, And A Legislative Proposal, Charles E. Daye

Washington University Journal of Law & Policy

This Essay is a meditation on fair housing to pay tribute1 to Professor Daniel R. Mandelker for his sustained contribution to the field of housing and community development law and policy. For more than fifty years he has labored with powerful intellect, keen insight, great skill, and enormous energy. He has been a remarkably productive scholar and a true leader by his shining example to the many who share his scholarly and teaching interests in the housing field and related areas.


Moving Up The Residential Hierarchy: A New Remedy For An Old Injury Arising From Housing Discrimination, Kathleen C. Engel Jan 1999

Moving Up The Residential Hierarchy: A New Remedy For An Old Injury Arising From Housing Discrimination, Kathleen C. Engel

Washington University Law Review

In this Article, I demonstrate that claims for lost access to desirable communities can be easily incorporated into an extant category of compensable injuries under the Fair Housing Act. I then introduce a method for assessing the value of this injury. In brief, the method compares the price of housing that a victim of discrimination obtained to the price of the housing he sought and was unlawfully denied to approximate the value of living in the more desirable community. The virtue of the method is that it provides adjudicators with a concrete basis for calculating damages for lost access to ...


Remembering Shelley V. Kraemer: Of Public And Private Worlds, Francis A. Allen Jan 1989

Remembering Shelley V. Kraemer: Of Public And Private Worlds, Francis A. Allen

Washington University Law Review

In the remarks that follow, I shall try to accomplish two tasks. First, to the extent possible, I should like to place Shelley in its historical context and, in some measure, present the case as it was seen by those who witnessed or participated in the decision. Second, I shall attempt to throw some light on why the theoretical issues called forth by these cases are difficult.


Invisible Walls: An Examination Of The Legal Strategy Of The Restrictive Covenant Cases, Leland B. Ware Jan 1989

Invisible Walls: An Examination Of The Legal Strategy Of The Restrictive Covenant Cases, Leland B. Ware

Washington University Law Review

On May 3, 1948, the Supreme Court issued two decisions in four cases that are now remembered as Shelley v. Kraemer. The conflict which caused the litigation arose from a dramatic population shift that occurred in the early decades of the twentieth century. The great migration of black families from rural areas to urban industrial centers prompted various efforts to establish and maintain racial segregation in housing. After legislated segregation failed, private covenants became the primary vehicle for maintaining segregated housing. The forces against restrictive covenants consisted of black families in search of adequate housing, the NAACP, and the lawyers ...


Regulatory Responses To The Condominium Conversion Crisis, Karen M. Stray-Gundersen Jan 1981

Regulatory Responses To The Condominium Conversion Crisis, Karen M. Stray-Gundersen

Washington University Law Review

No abstract provided.


Housing—Uniform Relocation Act Does Not Apply To Private Developer With Eminent Domain Powers. Young V. Harris, 599 F.2d 870 (8th Cir. 1979) Jan 1979

Housing—Uniform Relocation Act Does Not Apply To Private Developer With Eminent Domain Powers. Young V. Harris, 599 F.2d 870 (8th Cir. 1979)

Washington University Law Review

No abstract provided.


Review Of “Housing Subsidies In The United States And England,” By Daniel R. Mandelker, Kenneth F. Phillips Jan 1974

Review Of “Housing Subsidies In The United States And England,” By Daniel R. Mandelker, Kenneth F. Phillips

Washington University Law Review

No abstract provided.


Nonprofitability As A Defense For Noncompliance With Minimum Housing Codes, City Of St. Louis V. Brune, 466 S.W.2d 677 (Mo. 1971) Jan 1972

Nonprofitability As A Defense For Noncompliance With Minimum Housing Codes, City Of St. Louis V. Brune, 466 S.W.2d 677 (Mo. 1971)

Washington University Law Review

No abstract provided.


The Equal Protection Juggernaut And Exemptions From Open-Housing Laws, Berback V. Mangum, 297 N.Y.S. 2d 853 (Sup. Ct. 1969) Jan 1972

The Equal Protection Juggernaut And Exemptions From Open-Housing Laws, Berback V. Mangum, 297 N.Y.S. 2d 853 (Sup. Ct. 1969)

Washington University Law Review

No abstract provided.


Federal Jurisdiction Over Class Actions By Tenants, Mattingly V. Elias, 325 F. Supp. 1374 (E.D. Pa. 1971) Jan 1971

Federal Jurisdiction Over Class Actions By Tenants, Mattingly V. Elias, 325 F. Supp. 1374 (E.D. Pa. 1971)

Washington University Law Review

No abstract provided.


Preference Liens For The Costs Of Repairing Slum Property Jan 1967

Preference Liens For The Costs Of Repairing Slum Property

Washington University Law Review

No abstract provided.


Review Of “Open Occupancy Vs. Forced Housing Under The Fourteenth Amendment: A Symposium On Antidiscrimination Legislation, Freedom Of Choice, And Property Rights In Housing,” Edited By Alfred Avins, G. Thomas Cestaro Jan 1964

Review Of “Open Occupancy Vs. Forced Housing Under The Fourteenth Amendment: A Symposium On Antidiscrimination Legislation, Freedom Of Choice, And Property Rights In Housing,” Edited By Alfred Avins, G. Thomas Cestaro

Washington University Law Review

No abstract provided.


Programs And Problems Of City Planning In The Soviet Union, Zigurds L. Zile Jan 1963

Programs And Problems Of City Planning In The Soviet Union, Zigurds L. Zile

Washington University Law Review

This Article traces the forty-five year history of city planning in the Soviet Union. It describes and interprets the landmark events and the periods of progress which have alternated with periods of stagnation and retreat. The focus is on the principal normative acts and the agencies charged with their execution.


Constitutional Law—Tax Exemptions For New Housing—Reasonable And Proportional Property Taxes, Dixon F. Spivy Jan 1950

Constitutional Law—Tax Exemptions For New Housing—Reasonable And Proportional Property Taxes, Dixon F. Spivy

Washington University Law Review

No abstract provided.