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Full-Text Articles in Law
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea Boyack
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea Boyack
Faculty Publications
Fifty years ago, the Reverend Martin Luther King, Jr. expressed a hope that someday people of all races would “live side by side in decent, safe, and sanitary housing.” Residential patterns in America today, however, remain highly segregated by race and income. The Fair Housing Act outlawed overt housing discrimination and unjustified discriminatory impacts, but zoning laws and housing finance structures have continued to impede housing integration, leaving communities nearly as racially homogenous as they were in the mid 20th century. These separate neighborhoods are far from equal. The majority of people who reside in financially distressed city-center neighborhoods are …
Disparate Impact And Integration: With Tdca V. Inclusive Communities The Supreme Court Retains An Uneasy Status Quo, Rigel C. Oliveri
Disparate Impact And Integration: With Tdca V. Inclusive Communities The Supreme Court Retains An Uneasy Status Quo, Rigel C. Oliveri
Faculty Publications
This article begins with a brief history of disparate impact theory as it relates to fair housing cases. It then proceeds to an overview of two previous cases on this issue to reach the Supreme Court in recent years. Next, it analyzes the Inclusive Communities opinion, discussing both the Court's affirmation of integration as a fair housing goal and its skepticism of whether plaintiffs can succeed using disparate impact theory in cases like the one at bar. The article concludes by locating the opinion's focus on competing priorities within the historical tension between affordable housing/community development and integration and discussing …
Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri
Discriminatory Housing Advertisements On-Line: Lessons From Craigslist, Rigel C. Oliveri
Faculty Publications
The Fair Housing Act makes it illegal to publish discriminatory housing advertisements. This has long been applied to newspapers, which have effectively screened all discriminatory housing ads from sight. However, in 1996 Congress created a loophole when it immunized website operators from liability for the content posted to their sites by third parties. Without publisher liability, websites have no incentive to screen out discriminatory housing ads. The result is that such ads are proliferating in cyberspace.While this situation is problematic from a fair housing standpoint, it presents a valuable opportunity. For the first time in a generation discriminatory housing advertisements …