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Full-Text Articles in Law
Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois
Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois
Goutam U Jois
Over the past several decades, America’s inner cities have deteriorated socially, economically, and politically. Simultaneously, civic engagement, almost by any measure, has been on the decline: Americans vote less and volunteer less, go out to dinner with friends less and attend PTA meetings less. In this Article, I argue that the two phenomena are linked, at least from the perspective of remedies. Specifically, by rebuilding our inner cities to promote mixed-use, mixed-income development, we can revitalize some of the most impoverished neighborhoods in our country while simultaneously engendering the mechanisms to foster increased civic engagement in our participatory democracy.
Large-Scale Disasters Attacking The American Dream: How To Protect And Empower Homeowners And Lenders, Matthew D. Ekins
Large-Scale Disasters Attacking The American Dream: How To Protect And Empower Homeowners And Lenders, Matthew D. Ekins
Matthew D Ekins
The 2005 hurricane season reminded the world that such catastrophes can and do occur anywhere at anytime. Recovery efforts continue long after tides recede and after-shocks cease. In the context of Hurricane Katrina, this article examines the homeowner-lender relationship to determine risks natural disasters pose to the mortgage industry, likely repercussions a fallout in the mortgage industry may have on the health of the general economy, and what preventative steps have been and may be taken to prevent further economic suffering in a post-catastrophe environment.
Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites (Fair Housing Council Of San Fernando Valley V. Roommates.Com, Llc), Diane J. Klein, Charles Doskow
Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites (Fair Housing Council Of San Fernando Valley V. Roommates.Com, Llc), Diane J. Klein, Charles Doskow
Diane J Klein
This Article analyzes the recent 9th Circuit decision in FHC v. Roommates.com, reversing and remanding to the district court after finding that § 203(c) of the Communications Decency Act does not provide immunity to housing websites under § 3604(c) of the Fair Housing Act (FHA). The Article argues that housing websites should be held to the same standard as other advertisers of residential real estate under the FHA, and that Roommates.com is a “content provider” and hence liable for violating the FHA by disseminating advertisements that demonstrate discriminatory preferences on the basis of race, age, religion, disability, etc. The Article …
Crossing The Constitutional Border: An Analysis Of Illegal Immigrants' Rights In America, Cheryl L. Torralba
Crossing The Constitutional Border: An Analysis Of Illegal Immigrants' Rights In America, Cheryl L. Torralba
Cheryl L. Torralba
I wrote my comment on the constitutional issues concerning the Illegal Immigration Relief Act (IIRA) that was passed in Hazleton, PA on July 13, 2006. This act penalizes landlords and employers that hire or lease housing to illegal immigrants leading to constitutional violations to the Latino-American community and mixed status families of Hazleton. First, I discuss the Fourteenth Amendment Equal Protection violations that the IIRA implies since it is too overbroad and is not narrowly tailored enough to serve a compelling government interest. Second, I argue that the IIRA violates the procedural due process rights of suspected illegal immigrants because …
American Cities, Urban Planning, And Place Based Crime Prevetion, Edward H. Ziegler
American Cities, Urban Planning, And Place Based Crime Prevetion, Edward H. Ziegler
Edward H Ziegler
Nearly a generation after Oscar Newman first wrote about the issues of place-based crime prevention and defensible space, cities large and small throughout the world are showing interest in what is now generally known as the field of “Crime Prevention Through Environmental Design.” In the United States and elsewhere throughout the world, preventing crime and reducing the fear of crime continue to be high priorities of citizens and city officials. Place-based crime prevention techniques are increasingly viewed as important urban planning tools to enhance the physical safety of citizens and to protect the public and private economic investment in new …
Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri
Is Acquisition Everything? Protecting The Rights Of Occupants Under The Fair Housing Act, Rigel C. Oliveri
Rigel C. Oliveri
This Article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the Act as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination. The trend was begun by a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. The Halprin court dismissed the discrimination claims of …
Property And Radically Changed Circumstances, John Lovett
Property And Radically Changed Circumstances, John Lovett
John Lovett
Although Hurricane Katrina altered our national dialogue about many issues, few scholars have addressed whether the storm changed thinking about fundamental property relationships. This article fills that void in two ways. First, it creates a theoretical framework for understanding property law in the context of events producing radically changed circumstances. It does this by defining these events, exploring the mismatch between property law’s traditional focus on stability and environments of radical change, creating a taxonomy of property relationships tailored for this exploration, describing typical problems confronted after an event of radical change, and finally developing a set of normative criteria …