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Articles 331 - 360 of 370
Full-Text Articles in Housing Law
Home As A Legal Concept, Benjamin Barros
Home As A Legal Concept, Benjamin Barros
ExpressO
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson
Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad Johnson
Faculty Scholarship
With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the development of a national agenda for ending discrimination and promoting equality. One area that was not included in this initial congressional effort, but later found its way into the legislative agenda, was the subject of housing discrimination. Despite the relatively few debates …
Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky
Are Tax "Benefits" For Religious Institutions Constitutionally Dependent On Benefits For Secular Entities?, Edward A. Zelinsky
Articles
The Supreme Court generally conditions tax exemptions, deductions, and exclusions for religious organizations and activities upon the simultaneous extension of such benefits to secular institutions and undertakings. The Court's position flows logically from its acceptance of the premise that tax exemptions, deductions, and exclusions constitute subsidies. However, the "subsidy" label is usually deployed in a conclusory and unconvincing fashion. The First Amendment is best understood as permitting governments to refrain from taxation to accommodate the autonomy of religious actors and activities; hence, tax benefits extended solely to religious institutions should pass constitutional muster as recognition of that autonomy.
The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold
The Emergence Of Private Land-Use Controls In Large-Scale Subdivisions: The Companion Story To Village Of Euclid V. Ambler Realty Co., Gerald Korngold
Articles & Chapters
No abstract provided.
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
Religious Liberty And Fair Housing: Must A Landlord Rent Against His Conscience, 29 J. Marshall L. Rev. 455 (1996), James C. Geoly, Kevin R. Gustafson
UIC Law Review
No abstract provided.
Jiggetts V. Grinker: Does It Establish A Right To "Adequate Shelter Allowance" In New York State?, Kurt Emhoff
Jiggetts V. Grinker: Does It Establish A Right To "Adequate Shelter Allowance" In New York State?, Kurt Emhoff
Cardozo Journal of Equal Rights & Social Justice
The article examines the Jiggetts v. Grinker case, which addresses the adequacy of shelter allowances for AFDC recipients in New York State. It argues that current allowances are insufficient compared to housing costs, leading to homelessness, and advocates for increasing these allowances. The analysis extends this reasoning to Home Relief recipients, emphasizing equal protection under the law.
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
UIC Law Review
No abstract provided.
Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg
Seqra’S Too Valuable To Trash: A Reply To Stewart Sterk, Philip Weinberg
Cardozo Law Review
No abstract provided.
Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark
Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark
Cardozo Law Review
No abstract provided.
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham
Touro Law Review
No abstract provided.
Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster
Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster
Cardozo Law Review
No abstract provided.
Landlords As Cops: Tort, Nuisance & Forfeiture Standards Imposing Liability On Landlords For Crime On The Premises, Barbara Glesner Fines
Landlords As Cops: Tort, Nuisance & Forfeiture Standards Imposing Liability On Landlords For Crime On The Premises, Barbara Glesner Fines
Faculty Works
No abstract provided.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Affordable Housing Forum, Richard F. Bellman, John M. Armentano, Alan Mallach
Touro Law Review
No abstract provided.
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Determining A Standard For Housing Discrimination Under Title Viii, Richard C. Cahn
Touro Law Review
No abstract provided.
The Future Of District Of Columbia Home Rule, Philip G. Schrag
The Future Of District Of Columbia Home Rule, Philip G. Schrag
Georgetown Law Faculty Publications and Other Works
This article begins by briefly reviewing the recent historical development of home rule. Next, it explores the ways in which the people of the District might obtain a greater voice in the national legislature and more genuine home rule. Finally, it suggests that the District's citizens may have to make a political choice, which they have until now avoided, between seeking gradual improvements in their political rights and pressing strongly for statehood.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.
Nollan, Henry George, And Exactions, Stewart E. Sterk
Nollan, Henry George, And Exactions, Stewart E. Sterk
Articles
The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …
Introduction, Monroe E. Price
Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner
Passion In Legal Argument And Judicial Decisionmaking: A Comment On Goldberg V. Kelly, Stephen Wizner
Cardozo Law Review
No abstract provided.
Gideon's Shelter: The Need To Recognize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer
Gideon's Shelter: The Need To Recognize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer
Articles & Chapters
No abstract provided.
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Bargaining In The Shadow Of Eminent Domain: Valuing And Apportioning Condemnation Awards Between Landlord And Tenant, Victor P. Goldberg, Thomas W. Merrill, Daniel Unumb
Faculty Scholarship
Who has a constitutionally protected "property" interest when the government condemns land subject to a lease? Is it the landlord? The tenant? Or do both parties have property rights that entitle them to compensation? Further, how should the size of the total condemnation award be determined? Should we value the property rights of the landlord and the tenant separately and sum? Or should we value the entire parcel as if it were an undivided fee simple and apportion the award between the landlord and the tenant? If the condemnation award is based on the value of a fee simple and …
The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson
The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson
Seattle University Law Review
This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the …
Institutional Injunctions, David Rudenstine
Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel
Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel
Faculty Publications
No abstract provided.
Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis
Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis
Washington Law Review
Six unrelated persons resided in a single dwelling in Belle Terre, New York, in violation of the Village's zoning ordinance. The village is zoned exclusively for one-family dwellings; "family" is defined by the ordinance as: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit [or] a number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. The lessors of the residence were served with notice that failure of …
Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand
Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand
Michigan Law Review
The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …