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Social Welfare Law Commons

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Housing Law

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Civil Rights and Discrimination

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Full-Text Articles in Social Welfare Law

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Disability Discrimination In Long-Term Care: Using The Fair Housing Act To Prevent Illegal Screening In Admissions To Nursing Homes And Assisted Living Facilities, Eric M. Carlson Aug 2006

Disability Discrimination In Long-Term Care: Using The Fair Housing Act To Prevent Illegal Screening In Admissions To Nursing Homes And Assisted Living Facilities, Eric M. Carlson

ExpressO

Nursing homes and assisted living facilities routinely require applicants to disclose an extensive amount of medical information. Not infrequently, these long-term care facilities use the information to deny admission to those applicants with relatively greater care needs. These denials constitute illegal discrimination under the Americans with Disabilities Act and the Rehabilitation Act, but generally consumers are unaware of these protections or find litigation too expensive and time-consuming under their generally difficult circumstances.

These illegal denials of service could be limited by active enforcement of the Fair Housing Act’s no-inquiry regulation, which prohibits a housing provider from inquiring into an applicant’s …


Please Don't Feed The Homeless: Pottinger Revisited, Shirley D. Howell Aug 2006

Please Don't Feed The Homeless: Pottinger Revisited, Shirley D. Howell

ExpressO

This article is an outgrowth of my experiences as the founding director of Faulkner University’s Family Violence Legal Clinic in Montgomery, Alabama. My students and I partnered with Legal Services Corporation of Alabama and set up a makeshift office in a Montgomery shelter, where we met with victims of domestic violence. What we discovered surprised us all. The majority of our clients were homeless, though not necessarily under the Stewart B. McKinney Act’s definition.

When Hurricane Katrina added approximately 1.5 million more individuals to the already burgeoning homeless population of the United States, I sensed the mood of the country …


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.