Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- African Americans (1)
- Asian Americans (1)
- Book reviews (1)
- Brown v. Board of Education (1)
- Critical race theory (1)
-
- Department of Housing and Urban Development (1)
- Disparate impact (1)
- Fair Housing Act (1)
- Falloon v. Schilling (1)
- Hill (Anita) (1)
- Homeowners insurance (1)
- Homeownership (1)
- Housing discrimination (1)
- Jim Crow (1)
- Latinos (1)
- Minorities (1)
- Nuisances (1)
- Ogletree (Charles) (1)
- Precedent (1)
- Race discrimination (1)
- Rule of law (1)
- Segregation (1)
- States (1)
- Thirteenth Amendment (1)
- Thomas (Clarence) (1)
- Tulsa riots (1)
- White privilege (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
The Fair Housing Act And Disparate Impact In Homeowners Insurance, Dana L. Kaersvang
Michigan Law Review
This Note argues that because homeowners insurance is central to homeownership, the FHA applies to insurance underwriting policies, such as those mentioned above, that have a disparate impact on minority potential homeowners. Part I considers whether the FHA applies to homeowners insurance and concludes that homeowners insurance is covered by the Act. Part II goes on to argue that the FHA applies to homeowners insurance even where the discrimination results from disparate impact, rather than from disparate treatment. Finally, Part III analyzes the above-mentioned policies of the insurance industry under the FHA disparate impact standard.
The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado
The Current Landscape Of Race: Old Targets, New Opportunities, Richard Delgado
Michigan Law Review
It is difficult enough identifying areas within a current field of scholarship that are underdeveloped and in need of further attention. In science, one thinks of missing elements in the periodic table or planets in a solar system that our calculations tell us must be there but that our telescopes have not yet spotted. In civil-rights law, one thinks of such areas as women's sports or the problems of intersectional groups, such as women of color or gay black men. One also thinks of issues that current events are constantly thrusting forward, such as discrimination against Arabs or execution of …
Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil
Race Nuisance: The Politics Of Law In The Jim Crow Era, Rachel D. Godsil
Michigan Law Review
This Article explores a startling and previously unnoticed line of cases in which state courts in the Jim Crow era ruled against white plaintiffs trying to use common law nuisance doctrine to achieve residential segregation. These "race-nuisance" cases complicate the view of most legal scholarship that state courts during the Jim Crow era openly eschewed the rule of law in service of white supremacy. Instead, the cases provide rich social historical detail showing southern judges wrestling with their competing allegiances to both precedent and the pursuit of racial exclusivity. Surprisingly, the allegiance to precedent generally prevailed. The cases confound prevailing …