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Full-Text Articles in Law

Residential Mortgage Lending: Charting A Course Through The Regulatory Maze, William F. Earthman May 1976

Residential Mortgage Lending: Charting A Course Through The Regulatory Maze, William F. Earthman

Vanderbilt Law Review

One specific issue addressed by this symposium is the practice of "redlining." If what is meant by "redlining" is discrimination in residential mortgage lending, I am certainly opposed to such a practice. If, however, what is meant by "redlining" is the consideration and analysis of the effect of the surrounding neighborhood on the property which secures a particular residential mortgage loan, then there are other problems which must be addressed and focused upon. It has been stated that a lender redlines a specific geographic area located within the larger geographic area normally serviced by that lender when the lender refuses …


Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine Jan 1976

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

Articles

Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …


Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin Jan 1976

Redlining: Remedies For Victims Of Urban Disinvestment, Edward W. Larkin

Fordham Urban Law Journal

This note discusses the practice of redlining, sometimes referred to as "urban disinvestment," which involves the refusal by lending institutions to provide home mortgage loans or home improvement loans to certain geographical areas or the inclusion of particularly burdensome terms or conditions on the loans. The note analyzes the possible effects of redlining, such as neighborhood deterioration, decline of communities, and the deprivation of the benefits of homeownership, especially as these effects pertain to minority groups. The note then examines the legal alternatives open to victims of redlining, including sections of the Civil Rights Acts of 1866, 1964, and 1968, …