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Full-Text Articles in Law

Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley Dec 2010

Boarding Up The Fair Housing Act: Time Barring Design And Construction Claims For Handicapped Individuals., Matthew R. Farley

The Scholar: St. Mary's Law Review on Race and Social Justice

The Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, prohibits the discrimination of the sale, rental, and financing of residential dwellings based on race, color, religion, or national origin. Eventually, Congress amended the Fair Housing Act by adding disabilities and family composition to the list of protected classes. This change was enacted to combat the wide assortment of discriminatory issues that these now-protected individuals experience. Disabled individuals are likely to face discrimination due to the design or construction of residential homes. Though Congress has made a conscious effort to address and minimize the …


Redlining: Why Make A Federal Case Out Of It, Elaine M. Andrews, Matthew J. Shier Aug 2010

Redlining: Why Make A Federal Case Out Of It, Elaine M. Andrews, Matthew J. Shier

Golden Gate University Law Review

No abstract provided.


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 …


Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer May 2010

Interactive Computer Service Liability For User-Generated Content After Roommates.Com, Bradley M. Smyer

University of Michigan Journal of Law Reform

This Note explores the future of interactive computer service provider (ICSP) liability for user-generated content under the Communications Decency Act (CDA) after Roommates.com II. Roommates.com II held that a housing website was not entitled to immunity under § 230 of the CDA from federal Fair Housing Act claims, in part because providing preselected answers to a mandatory questionnaire rendered the site an "information content provider" at least partially responsible for creation or development of answers. After examining the historical and legislative origins of ICSP immunity for user-generated content under 47 U.S. C. § 230, this Note argues that courts …


Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda Jan 2010

Cuomo V. Clearing House Association: Protecting Minorities From Discriminatory Lending Practices By Upholding States' Right To Enforce Predatory Lending Laws, Elvira Pereda

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Using Disparate Impact Analysis In Fair Housing Act Claims: Landlord Withdrawal From The Section 8 Voucher Program, Rebecca Tracy Rotem Jan 2010

Using Disparate Impact Analysis In Fair Housing Act Claims: Landlord Withdrawal From The Section 8 Voucher Program, Rebecca Tracy Rotem

Fordham Law Review

The Fair Housing Act (FHA) outlaws discrimination in housing based on race, color, religion, national origin, and sex. A plaintiff can win an FHA claim using a disparate impact theory by showing that the defendant’s actions had a disproportionately adverse impact on a protected class. This Note will address a circuit court split on whether a landlord can be held liable for discrimination under the FHA for withdrawing from the Section 8 voucher program. Section 8 is a government program that provides low-income citizens with vouchers to pay a portion of their rent. Many voucher recipients are minorities or persons …