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Full-Text Articles in Law

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm Dec 1978

Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm

Law Faculty Scholarly Articles

This article addresses the question of whether housing practices that produce discriminatory effects violate the Fair Housing Act. The language and legislative history of the statute are examined, the analogy to employment discrimination law is explored, and the principal Title VIII cases are considered in an effort to determine just what racial discrimination is under the Fair Housing Act. This analysis leads to a suggested approach for evaluating Title VIII cases that are based on discriminatory effect, including how such an effect may be shown by the plaintiff and what significance such a showing should have in terms of the …


Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss Oct 1978

Jurisdiction To Zone Indian Reservations, Robert D. Wilson-Hoss

Washington Law Review

This comment will examine one of the most critical aspects of the civil jurisdiction issue—tribal jurisdiction to exercise land use planning and zoning control. With such jurisdiction, a tribe may regulate or prohibit the development of reservation lands, and thus exercise a measure of control over the future of its reservation. Without zoning jurisdiction, most tribes would be forced to submit to the judgments of non-Indians about the uses of reservation lands. An introduction to the history and patterns of land ownership on Indian reservations is important to an understanding of the clashes between Indian and non-Indian reservation residents. Equally …


Land Use Controls In Iowa, Joseph P. Tomain Jan 1978

Land Use Controls In Iowa, Joseph P. Tomain

Faculty Articles and Other Publications

Land use controls in Iowa, as in other states, exist in a variety of forms. Both the substance and structure of these controls continually change to meet the needs of a developing society. Recent and rapid technological growth, together with the spread of population, indicate that there is a growing interdependence between land use and land users. As a result of this interdependence and the complex nature of our technological and economic environment, the number of governmental regulations is increasing rapidly. This Article will focus on the two predominant governmental controls utilized in Iowa-zoning and planning. Next, the Article will …


Penn Central V. City Of New York: A Landmark Landmark Case, Richard Wolloch Jan 1978

Penn Central V. City Of New York: A Landmark Landmark Case, Richard Wolloch

Fordham Urban Law Journal

Article discusses the Supreme Court’s decision in Penn Central v. City of New York. Article examines the controversy over governmental regulation of realty and the various cases which have been decided thereunder.


Constitutional Law - First Amendment - Content Neutrality [Young V. American Mini Theatres, Inc., 427 U.S. 50, Petition For Rehearing Denied, 429 U .S. 873 (1976)], Kevin D. Mcdonald Jan 1978

Constitutional Law - First Amendment - Content Neutrality [Young V. American Mini Theatres, Inc., 427 U.S. 50, Petition For Rehearing Denied, 429 U .S. 873 (1976)], Kevin D. Mcdonald

Case Western Reserve Law Review

No abstract provided.