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Articles 1 - 8 of 8
Full-Text Articles in Housing Law
Punitive Injunctions, Nirej S. Sekhon
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly Jr.
"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly Jr.
James J. Kelly Jr.
No abstract provided.
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz
Pepperdine Law Review
No abstract provided.
Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias
Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias
Tim Iglesias
In 2012, the Ninth Circuit held that to avoid a constitutional conflict with the right to freedom of association neither the federal Fair Housing Act nor California’s Fair Employment and Housing Act apply to persons seeking roommates or to other shared living situations. This article criticizes the opinion as poorly reasoned and overly broad and then offers a more targeted legislative solution to the problem.
Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi
Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi
Departmental Honors Projects
Several international treaties and declarations affirm adequate housing as a fundamental human right. However, the United States, while a signatory to several of these agreements, does not recognize this right. Homelessness violates the right to housing. Moreover, homelessness often subjects individuals to additional rights violations. These additional violations often occur because governments criminalize homelessness.
Public order laws that criminalize basic life-sustaining behaviors, such as sitting, lying, and sleeping in public spaces, violate several constitutional rights when applied to unsheltered individuals experiencing homelessness. Devoid of any accommodation aside from the public streets, such individuals must necessarily perform the prohibited conduct in …
Doe V. Wilmington Housing Authority: The Common Area Caveat As A Paradigmatic Balance Between Tenant Safety And Second Amendment Rights, Iyen Acosta
Catholic University Law Review
No abstract provided.
Inclusionary Eminent Domain, Gerald S. Dickinson
Inclusionary Eminent Domain, Gerald S. Dickinson
Gerald S. Dickinson
This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …