Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint
Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint
University of Michigan Journal of Law Reform
Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging funding …
Dispossessing Resident Voice: Municipal Receiverships And The Public Trust, Juliet M. Moringiello
Dispossessing Resident Voice: Municipal Receiverships And The Public Trust, Juliet M. Moringiello
University of Michigan Journal of Law Reform
The residents of struggling cities suffer property dispossessions both as individual owners and as municipal residents. Their individual dispossessions are part of a cycle that often begins with industrial decline. In Detroit, for example, more than 100,000 residents have lost their homes to tax foreclosure over a four-year period that bracketed the city’s bankruptcy filing. Falling property values, job losses, and foreclosures affect municipal budgets by reducing tax revenues. As individual dispossessions exacerbate municipal financial crises, residents can also face the loss of municipal property. Struggling cities and towns often sell publicly owned property—from parks to parking systems—to balance municipal …
Dispossessing Detroit: How The Law Takes Property, Mary Kathlin Sickel
Dispossessing Detroit: How The Law Takes Property, Mary Kathlin Sickel
University of Michigan Journal of Law Reform
Introduction for the University of Michigan Journal of Law Reform's Symposium “Dispossessing Detroit: How the Law Takes Property,” hosted on November 9 and 10, 2019.
Urban Decolonization, Norrinda Brown Hayat
Urban Decolonization, Norrinda Brown Hayat
Michigan Journal of Race and Law
National fair housing legislation opened up higher opportunity neighborhoods to multitudes of middle-class African Americans. In actuality, the FHA offered much less to the millions of poor, Black residents in inner cities than it did to the Black middle class. Partly in response to the FHA’s inability to provide quality housing for low-income blacks, Congress has pursued various mobility strategies designed to facilitate the integration of low-income Blacks into high-opportunity neighborhoods as a resolution to the persistent dilemma of the ghetto. These efforts, too, have had limited success. Now, just over fifty years after the passage of the Fair Housing …
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Criminal Justice And The Mattering Of Lives, Deborah Tuerkheimer
Michigan Law Review
A review of James Forman Jr., Locking Up Our Own: Crime and Punishment in Black America.
Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota
Mens Rea, Criminal Responsibility, And The Death Of Freddie Gray, Michael Serota
Michigan Law Review First Impressions
Who (if anyone) is criminally responsible for the death of Freddie Gray, the 25-year-old African-American man who died from injuries suffered while in the custody of Baltimore police? This question has been at the forefront of the extensive coverage of Gray’s death, which has inspired a national discussion about law enforcement’s relationship with black communities. But it is also a question that may never be fairly resolved for reasons wholly unrelated to the topic of community policing, with which Gray’s death has become synonymous. What may ultimately hamper the administration of justice in the prosecution of the police officers involved …
From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law
From Proposition 209 To Proposal 2: Examining The Effects Of Anti-Affirmative Action Voter Initiatives, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium held at the University of Michigan Law School on Saturday, February 9, 2008 in Hutchins Hall Room 100
Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun
Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun
Michigan Journal of Race and Law
This Essay examines affirmative action, while discussing its fall in California, Washington State, and ultimately Michigan.
A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill
A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill
Michigan Journal of Race and Law
This Article combines analysis of case law at state and federal levels as well as federal educational policy in an effort to formulate a framework for addressing educational inequalities, of which the achievement gap is only one result. As individual rights concepts control the discourse of equal educational opportunity, community injury continues to be ignored. Because educational policy aimed at ending educational inequities is governed by equal protection analysis and guided by court decisions, limitations in legal opinions drive such policies. The lack of attention to community harm in law and educational policy limits the ability of education legal reforms …
Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins
Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins
University of Michigan Journal of Law Reform
In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …
Accelerating Integration : Effective Remedies In Public Housing Discrimination Suits, Adam M. Shayne
Accelerating Integration : Effective Remedies In Public Housing Discrimination Suits, Adam M. Shayne
University of Michigan Journal of Law Reform
This Note examines the different remedies employed by judges to integrate public housing and recommends a standard approach for courts to employ in the future. Part I describes the status of local and federal public housing policy in the United States. Part II examines litigation aimed at achieving the integration of public housing. This Part details short-term remedies employed by judges in several cities and long-term integration efforts by the courts in two cities: Chicago, Illinois, and Yonkers, New York. The Chicago and Yonkers suits exemplify the major obstacles that plaintiffs and judges face in developing appropriate measures to integrate …
Constitutional Law-Fourteenth Amendment Equal Protection Segregation In Recreational Facilities Furnished By A Municipality, James S. Taylor S. Ed.
Constitutional Law-Fourteenth Amendment Equal Protection Segregation In Recreational Facilities Furnished By A Municipality, James S. Taylor S. Ed.
Michigan Law Review
The plaintiff, a Negro, was denied admission to a municipal golf course under an ordinance setting aside certain public parks for the exclusive use of Negroes, and providing that all other public parks were for the exclusive use of white people. Only the public parks provided for the "whites" had golf courses, though in all other respects the park facilities offered were substantially equal. The plaintiff brought an action in a federal district court for a declaratory judgment as to his civil rights and for an injunction protecting such rights. The injunction was denied on the grounds that the facilities …
Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.
Constitutional Law-Equal Protection-Judicial Enforcement Of Race Restrictive Covenant, Charles B. Blackmar S.Ed.
Michigan Law Review
The highest courts of Missouri and Michigan, and the Court of Appeals for the District of Columbia, had held that restrictions against occupancy of land by negroes were enforceable by injunction. On certiorari, held, reversed. Enforcement of such restrictions by state courts constitutes a denial of equal protection of the laws. Enforcement by courts of the District violates the Civil Rights Act of 1866, and also it is contrary to the public policy of the United States to allow a federal court to enforce an agreement which a state court could not constitutionally enforce. Shelley v. Kraemer, (U.S. …