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Articles 1 - 14 of 14
Full-Text Articles in Law
Segregative-Effect Claims Under The Fair Housing Act, Robert G. Schwemm
Segregative-Effect Claims Under The Fair Housing Act, Robert G. Schwemm
Law Faculty Scholarly Articles
Two types of discriminatory-effect claims have been recognized under the federal Fair Housing Act (FHA): (1) disparate impact; and (2) segregative effect. Neither requires a showing of illegal intent, and both, according to a 2013 regulation promulgated by the U.S. Department of Housing and Urban Development (HUD), are subject to the same three-step burden-shifting proof scheme, which assigns the plaintiff the initial burden of proving that the defendant’s challenged practice causes a discriminatory effect. Both the disparate-impact and segregative-effect theories date back to appellate decisions from the 1970s, although the Supreme Court’s endorsement of the former in 2015 in Texas …
The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore
The Lexington-Fayette Urban County Board Of Adjustment: Fifty Years Later, Kathryn L. Moore
Law Faculty Scholarly Articles
Fifty years ago, Jesse Dukeminier, Jr. and Clyde Stapleton published a case study of the practice of law before the Lexington-Fayette Urban County (LFUC) Board of Adjustment. This Article presents a new empirical study of the LFUC Board of Adjustment. Specifically, the study covers the eighteen month period from the Board’s July 2007 meeting through its December 2008 meeting. This Article discusses how the practice has changed and improved in the years since the Dukeminier-Stapleton study and the problems and difficulties that still remain.
The Article begins by describing the current procedure before the LFUC Board of Adjustment and how …
Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown
Kentucky Law Survey: Environmental Law, Carolyn S. Bratt, Carolyn M. Brown
Law Faculty Scholarly Articles
Under the rubric of environmental law, this Survey addresses three separate topics: air quality control, water conservation and development, and zoning. In the exploration of these three topics, relevant decisions from the Kentucky courts and the Kentucky Department for Natural Resources and Environmental Protection, as well as opinions from the Kentucky Attorney General, are analyzed.
Discriminatory Effect And The Fair Housing Act, Robert G. Schwemm
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 …
Controlled Growth Zoning: Confronting The Inevitable, C. Davis Hendricks
Controlled Growth Zoning: Confronting The Inevitable, C. Davis Hendricks
Kentucky Law Journal
No abstract provided.
Local Zoning Of Strip Mining, Leslie E. Renkey
Local Zoning Of Strip Mining, Leslie E. Renkey
Kentucky Law Journal
No abstract provided.
The Zoning Board Of Adjustment: A Case Study In Misrule, Jesse Dukeminier Jr., Clyde L. Stapleton
The Zoning Board Of Adjustment: A Case Study In Misrule, Jesse Dukeminier Jr., Clyde L. Stapleton
Kentucky Law Journal
No abstract provided.
Mandatory Dedication Of Playgrounds And Parks In Residential Subdivisions, S. Roy Woodall Jr.
Mandatory Dedication Of Playgrounds And Parks In Residential Subdivisions, S. Roy Woodall Jr.
Kentucky Law Journal
No abstract provided.
Eliminating The Nonconforming Use In Kentucky, Robert G. Zweigart
Eliminating The Nonconforming Use In Kentucky, Robert G. Zweigart
Kentucky Law Journal
No abstract provided.
Zoning--Judicial Review Of Planning And Zoning Decisions In Kentucky, Nelson E. Shafer
Zoning--Judicial Review Of Planning And Zoning Decisions In Kentucky, Nelson E. Shafer
Kentucky Law Journal
No abstract provided.
Procedure Followed By Second Class Cities In Granting Changes To The Zoning Ordinance As Exemplified By The Lexington-Fayette County Planning Commission, Charles E. English
Procedure Followed By Second Class Cities In Granting Changes To The Zoning Ordinance As Exemplified By The Lexington-Fayette County Planning Commission, Charles E. English
Kentucky Law Journal
No abstract provided.
Jurisdiction Of Zoning Boards, Beauchamp E. Brogan
Jurisdiction Of Zoning Boards, Beauchamp E. Brogan
Kentucky Law Journal
No abstract provided.
Zoning--When Has One An Existing Use?, Melvin Scott
Zoning--When Has One An Existing Use?, Melvin Scott
Kentucky Law Journal
No abstract provided.
The Legal Status Of A Board Of Zoning Appeals, George A. Warp
The Legal Status Of A Board Of Zoning Appeals, George A. Warp
Kentucky Law Journal
No abstract provided.