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Full-Text Articles in Law

The Articles Of Confederation: Gateway To The Constitution, Arthur R. Landever Mar 1987

The Articles Of Confederation: Gateway To The Constitution, Arthur R. Landever

Law Faculty Articles and Essays

This article gives a brief history of the Articles of Confederation and its influence on the United States Constitution, as well as the similarities and differences between these two documents. The author encourages study of the Articles because they offer insights into the Constitution.


A Government By Judges: An Historical Re-View, Michael Henry Davis Jan 1987

A Government By Judges: An Historical Re-View, Michael Henry Davis

Law Faculty Articles and Essays

In 1921, Edouard Lambert, a professor of law at Lyon specializing in comparative studies and founder of an Institute of Comparative Law there, published a book, Le Gouvernement des judges et la lutte contra la legislation sociale aux Etats-Unis, thus singlehandedly creating the phrase, a "government of judges", to denote a truly unconstrained system of judicial review which could not be limited even by constitutional amendment. The phrase quickly entered the parlance of French public law and even that of popular culture, deriving much of its force, no doubt, from the historical French aversion to a strong judiciary, eventually becoming …


An Overview Of Fair Housing, Kenneth J. Kowalski Jan 1987

An Overview Of Fair Housing, Kenneth J. Kowalski

Law Faculty Articles and Essays

The purpose of this article is to give an overview of federal fair housing laws and their impact on the real estate industry. This article limits its review to three principle federal statutes affecting equal-housing opportunities: Title VIII of the Civil Rights Act of 1968, 42 U.S.C. §3601 et seq. (hereinafter cited as the "Act" or "Title VIII") and the 1866 and 1870 Civil Rights Act, 42 U.S.C. §§1981, 1982 (respectively "section 1981" and "section 1982"). A review of the substantive provisions of the statutes, methods of enforcement, and judicial interpretations are included. The article also discusses specific evidentiary issues, …


Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating Jan 1987

Landlord Self-Regulation: New York City's Rent Stabilization System, 1969-1985, W Dennis Keating

Law Faculty Articles and Essays

This article argues that New York City's self-regulation system failed. Its ultimate demise is attributable to several factors: the attempted insulation of decision making from public influence; the attempted exclusion of tenants from the decision-making structure; landlord domination of regulatory bodies and policies; widespread patterns of landlord violations of the rent destabilization code; the failure of regulatory bodies to adequately enforce available sanctions for code violations; and the emergence of countervailing tenant opposition, the subsequent politicization of critical issues and decisions and the eventual deligitimation of the system's structure.


Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating Jan 1987

Book Review, Progressive Cities And The Tenants Movement, W Dennis Keating

Law Faculty Articles and Essays

Reviewing The Progressive City, Pierre Clavel, Planning and Participation, 1969-1984, Rutgers University Press, 1986.