Law Commons^™

Discriminatory Housing Statements And §3604(C): A New Look At The Fair Housing Act’S Most Intriguing Provision, Robert G. Schwemm

Law Faculty Scholarly Articles

Today, more than three decades after the 1968 Fair Housing Act ("FHA") banned such behavior, blatant discrimination—often accompanied by racist slurs and other explicitly discriminatory statements—continues to plague America's housing markets. The FHA not only outlawed discrimination in most housing transactions on the basis of race, color, religion, and national origin, but also contained a specific prohibition, § 3604(c), banning all discriminatory housing statements. Unlike the FHA's more traditional prohibitions against discriminatory refusals to deal and discriminatory terms and conditions, § 3604(c)'s ban on discriminatory statements has not been the subject of much litigation or debate.

Part I of the …

Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett

Georgia State University Law Review

The Act protects brokers and licensees of brokers who fail to disclose that a property was occupied by a person with a virus or disease that is unlikely to be transmitted through occupancy of the dwelling place, or that the property was the site of a homicide, felony, suicide, or accidental death. The act prohibits a cause of action against any broker or licensee of the broker for failure to reveal this information absent a finding of fraud.

Commerce And Trade Electronic Signatures And Records: Permit The Use Of Electronic Signatures And Records Even When A Statute, Regulation, Or Other Rule Of Law Specifies A Non-Electronic Type Of Signature Or Record, Gregory Todd Jones

Georgia State University Law Review

The Act attempts to prevent the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C.S. sections 7001, et seq., and 47 U.S.C.S. section 231) from preempting state law by expressing legislative findings and intent that previous Georgia digital signature legislation was consistent with federal law. Additionally, the Act allows all departments in the Georgia state government to use their best judgment in providing for the efficiencies that result from the use of electronic signature equivalents without having to affirmatively change thousands of specific references in the code to non-electronic signatures or records.

Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore

Law Faculty Scholarly Articles

The Social Security program faces a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance ("OASDI") Trust Funds predicts that unless corrective action is taken, Social Security benefit payments will exceed dedicated tax revenues by the year 2015, and the Social Security program will become insolvent—unable to pay promised benefits in full-by the year 2037. As a result of this projected deficit, Social Security has become "a lightning rod for far reaching reform proposals."

Proposals range from "traditional" proposals that would maintain the basics of the program's revenue and benefit structure but would …

Economic Espionage Act--Reverse Engineering And The Intellectual Property Public Policy, The, Craig L. Uhrich

Michigan Telecommunications & Technology Law Review

The publicity surrounding[...] incidents of industrial espionage resulted in a push for federal protections. In response to this pressure from U.S. industries, Congress passed the Economic Espionage Act of 1996 ("EEA"). The EEA protects trade secrets through the use of federal criminal sanctions." The EEA's provisions are introduced in Part I. Trade secrets are a form of intellectual property. Therefore, a basic understanding of intellectual property law is important to an analysis of the EEA. Part II of this Article provides an overview of the various forms of intellectual property. To be effective, the EEA must complement existing intellectual property …

Remanding To Congress: The Supreme Court's New ʺOn The Recordʺ Constitutional Review Of Federal Statutes, A. Christopher Bryant, Timothy J. Simeone

Faculty Articles and Other Publications

In recent years, the fate of federal statutes has increasingly turned on the contents of their formal legislative records. The Supreme Court has shown a new willingness to find statutes unconstitutional because their legislative records do not support the factual judgments that justify congressional action. In this Article, Professors Bryant and Simeone trace the development of the trend toward increased judicial scrutiny of legislative records in recent Supreme Court rulings on the constitutionality of federal statutes. They then critique the Court's new approach, arguing that it is not only inconsistent with precedent, but also fundamentally ill advised, most importantly because …

The Tension Between The Need And Exploitation Of Migrant Workers: Using Msawpa's Legislative Intent To Find A Balanced Remedy, Mark J. Russo

Michigan Journal of Race and Law

This Comment concludes that the recent Maine federal district cases represent an irreconcilable spike in a national and international trend to afford more protection to a vulnerable class whose resources are the object of urgent demand. However, the search for a proper remedial weight in the balance between migrant worker protection and the provision of competitive farm labor is not a new problem.

Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii

Journal of Health Care Law and Policy

No abstract provided.

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky

Oklahoma Law Review

No abstract provided.

The U.S. Treasury's Subpart F Report: Plus Ça Change, Plus C'Est La Même Chose?, Reuven S. Avi-Yonah

Articles

On 29 December 2000, the U.S. Treasury Department released its long-awaited study of Subpart F, entitled “The Deferral of Income Earned through U.S. Controlled Foreign Corporations." This study was commenced in the aftermath of the controversy that ensued from the issuance and subsequent withdrawal of Notice 98-11. The study was originally expected to be issued in 1999 in response to the report published that year by the National Foreign Trade Council, which advocated significant changes in Subpart F. The Treasury Study’s delayed issuance at the end of the Clinton Administration means that it only has (at best) persuasive force for …

The Civil Asset Forfeiture Reform Act Of 2000: Expanded Government Forfeiture Authority And Strict Deadlines, Stefan D. Cassella

Stefan D Cassella

This article discusses the legislative history of the Civil Asset Forfeiture Reform Act (CAFRA) and explains in detail the procedures for commencing and contesting administrative and civil forfeiture proceedings under 18 U.S.C. 983.