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Full-Text Articles in Housing Law
Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard
Bridge Or Barrier: The Intersection Of Wealth, Housing, And The Disparate Impact Standard
Florida A & M University Law Review
This note asserts that exclusionary zoning and housing based on income or economic standing can have a disparate impact on race. The disparate impact standard of the Fair Housing Act of 1968, 42, U.S.C.S § 3601 et seq., used in the Texas Department of Housing and Community Affairs v. Inclusive Communities, does not do enough to aid plaintiffs in bringing claims where there is a racial disparity in housing. Part One of this paper will discuss the Federal policies that historically contributed to the wealth gap that exists on the basis of race, the legacy of these policies, and how …
Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques
Responding To Environmental Injustice: The Civil Rights Act And American Federal Institutional And Systemic Barriers To Private Redress Of Disparate Environmental Harm, Michael B. Jones, Peter J. Jacques
Florida A & M University Law Review
This article discusses the use of private action in federal institutions for relief from disparate racial impacts. The courts have eliminated consideration of § 602 disparate impact regulations as the basis for a private right of action challenging environmental harms. Legislative action seems unlikely in this era of gridlock and partisan polarization. Agency action seems to offer the most avenues for consideration of environmental justice concerns. However, agencies are bureaucratic and subject to election results, Congressional oversight and budgetary limitations, and backlogs of determination of environmental justice complaints. Deeply rooted systemic institutional racism further constrains possible reforms to the federal …