Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Social and Behavioral Sciences
Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne
Eminent Domain And Racial Discrimination: A Bogus Equation, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This paper is a transcript of testimony by Professor J. Peter Byrne before the U.S. Civil Rights Commission on August 12, 2011.
This hearing addresses claims that the use of eminent domain for economic development unfairly and disproportionately harms racial and ethnic minorities. These claims draw on the history of urban renewal prior to the 1960’s, when many African Americans and others were displaced by publicly funded projects that bulldozed their homes in largely failed attempts to modernize cities. Justice Clarence Thomas’s dissent in Kelo v. City of New London further argued that the use of eminent domain for economic …
The Rise And Fall Of The Implied Warranty Of Habitability, David A. Super
The Rise And Fall Of The Implied Warranty Of Habitability, David A. Super
Georgetown Law Faculty Publications and Other Works
Growing concern about poverty in the late 1960s produced two sweeping legal revolutions. One gave welfare recipients rights against arbitrary eligibility rules and benefit terminations. The other gave low-income tenants recourse when landlords failed to repair their homes. The 1996 welfare law exposed the welfare rights revolution's frailty. Little noticed by legal scholars, the tenants' rights revolution also has failed, and for broadly similar reasons.
Withholding rent deliberately to challenge landlords' failure to repair is unduly risky for most tenants in ill-maintained dwellings: either moving to better housing is a better option or the risk of retaliation is too great. …