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Full-Text Articles in Law

The Euclid Proviso, Ezra Rosser Oct 2021

The Euclid Proviso, Ezra Rosser

Washington Law Review

This Article argues that the Euclid Proviso, which allows regional concerns to trump local zoning when required by the general welfare, should play a larger role in zoning’s second century. Traditional zoning operates to severely limit the construction of additional housing. This locks in the advantages of homeowners but at tremendous cost, primarily in the form of unaffordable housing, to those who would like to join the community. State preemption of local zoning defies traditional categorization; it is at once both radically destabilizing and market responsive. But, given the ways in which zoning is a foundational part of the racial …


Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman Jun 2021

Law School News: A Juneteenth Message From The Dean, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham Mar 2021

Fair Housing’S Third Act: American Tragedy Or Triumph?, Heather R. Abraham

Journal Articles

Fifty-two years ago, Congress enacted a one-of-a-kind civil rights directive. It requires every federal agency—and state and local grantees by extension—to take affirmative steps to undo segregation. In 2020, this overlooked Fair Housing Act provision—the “affirmatively furthering fair housing” or “AFFH” mandate—has heightened relevance. Perhaps most visible is Donald Trump’s racially charged “protect the suburbs” campaign rhetoric. In an apparent appeal to suburban constituents, his administration repealed a race-conscious fair housing rule, replacing it with a no-questions-asked regulation that elevates “local control” above civil rights.

The maneuver is especially stark as protesters fill the streets, marching in opposition to systemic …