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City Of Edmonds V. Oxford House, Inc.: Opening Doors To Housing For Handicapped Persons, Michelle R.K. Todus 2010 Golden Gate University School of Law

City Of Edmonds V. Oxford House, Inc.: Opening Doors To Housing For Handicapped Persons, Michelle R.K. Todus

Golden Gate University Law Review

This note will begin with an examination of the Edmond Court's reasoning, and follow with a brief discussion of Oxford House and the FHA. Next, the important role Oxford House has played in challenging discriminatory housing practices will be summarized. This note will then examine the Congressional intent behind the FHA, concluding with a brief exploration of the national impact this decision may have on handicapped persons and local ordinances.


Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis 2010 Golden Gate University School of Law

Residence Restrictions On Custodial Parents: Sex-Based Discrimination?, Alix Gravenstein Pastis

Golden Gate University Law Review

Residence restrictions are frequently imposed on the custodial, but not the noncustodial, parent. These restrictions come into play when the custodial parent wishes to move with the child, the noncustodial parent opposes the move, and a court is called upon to resolve the dispute. The court will do so based upon a determination of what it judges to be in the best interests of the child. The best interests inquiry ultimately resolves itself into a question of whether the custodial parent's reasons for making the move are sufficiently substantial to outweigh the noncustodial parent's interest in existing visitation ...


Fisher V. City Of Berkeley: Applying Due Process And Preemption To Rent Control Ordinances, Scott T. Dunning 2010 Golden Gate University School of Law

Fisher V. City Of Berkeley: Applying Due Process And Preemption To Rent Control Ordinances, Scott T. Dunning

Golden Gate University Law Review

In Fisher v. City of Berkeley, the California Supreme Court addressed the validity of Berkeley's latest rent control ordinance. With the exception of a retaliatory eviction provision, the court upheld the ordinance against all challenges. These challenges included alleged due process violations, and claims that certain provisions in the ordinance were preempted by state law. The Fisher court discussed five relevant issues: 1) the facial validity of the ordinance's rate of return standard; 2) the facial validity of the ordinance's rate adjustment procedures; 3) whether the ordinance constitutes an unreasonable restraint on the alienation of property; 4 ...


California's Housing Element Guidelines And The Housing Crisis, Michael Rawson 2010 Golden Gate University School of Law

California's Housing Element Guidelines And The Housing Crisis, Michael Rawson

Golden Gate University Law Review

No abstract provided.


Lender Liability For Failure To Enforce Life-Threatening Housing Code Violations, Eric B. Rasmussen 2010 Golden Gate University School of Law

Lender Liability For Failure To Enforce Life-Threatening Housing Code Violations, Eric B. Rasmussen

Golden Gate University Law Review

No abstract provided.


Birkenfeld V. City Of Berkeley: Blueprint For Rent Control In California, Michael L. Marowitz 2010 Golden Gate University School of Law

Birkenfeld V. City Of Berkeley: Blueprint For Rent Control In California, Michael L. Marowitz

Golden Gate University Law Review

No abstract provided.


The Right To A Decent Home, Stephen Nathan Dorsi 2010 Golden Gate University School of Law

The Right To A Decent Home, Stephen Nathan Dorsi

Golden Gate University Law Review

No abstract provided.


Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro 2010 Golden Gate University School of Law

Housing Law Handbooks: Legal Self-Help For The Intended Beneficiaries, Helen Shapiro

Golden Gate University Law Review

No abstract provided.


Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García 2010 ITESM Campus Puebla

Delimitación Téorica Del Delito Penal Fiscal, Bruno L. Costantini García

Bruno L. Costantini García

Anális de los elementos constitutivos del delito fiscal, la acción delictiva, los grados de ejecución, la consumación y los responsables.

Pretende distinguir el delito penal común del delito penal fiscal con base en sus elementos y pretende aportar una reflexión de la criminalización del delito fiscal en nuestros tiempos, usado por la Autoridad Hacendaria como un medio de represíón y de opresión de los derechos del contribuyente.


Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren 2010 University of Kentucky College of Law

Discretionary Pricing, Mortgage Discrimination, And The Fair Housing Act, Robert G. Schwemm, Jeffrey L. Taren

Law Faculty Scholarly Articles

For generations, mortgage lending has always been the gateway to the American dream of homeownership, and, historically, has also been characterized by widespread discrimination against racial and ethnic minorities and their communities. Mortgage discrimination in the modem era has often been accomplished through a technique known as discretionary pricing, in which lenders allow their loan officers and brokers to increase borrowers' costs from an objectively determined base rate. In the past decade alone, discretionary pricing has cost minority homeowners billions of dollars in extra payments, which, in tum, has led these minorities to suffer higher foreclosure rates than whites and ...


Putting The Brakes On Private Transfer Fee Covenants, R. Wilson Freyermuth 2010 University of Missouri School of Law

Putting The Brakes On Private Transfer Fee Covenants, R. Wilson Freyermuth

Faculty Publications

This article will discuss private transfer fee covenants, using one popular model as an example. After explaining how a private transfer fee covenant operates, the article will review the background legal principles relevant to its enforceability As this article will argue, sound policy does not justify the enforcement of private transfer fee covenants. The article concludes with a discussion of recent state legislative efforts to invalidate private transfer fee covenants and highlights a new model statute that, if adopted, would declare such covenants void as contrary to public policy.


Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz 2010 University of Michigan Law School

Citizen Police: Using The Qui Tam Provision Of The False Claims Act To Promote Racial And Economic Integration In Housing, Jan P. Mensz

University of Michigan Journal of Law Reform

Economic and racial integration in housing remains elusive more than forty years after the passage of the Fair Housing Act. Recalcitrant municipal governments and exclusionary zoning ordinances have played a large role in maintaining and exacerbating segregated housing patterns. After discussing some of the persistent causes of segregated housing patterns, this Note presents a novel approach to enforcing the Fair Housing Act and the "affirmatively furthering fair housing" requirement on recipients of federal housing grants. This Note presents a citizen suit that emerged from the Southern District of New York in Anti-Discrimination Center v. Westchester County, where a private plaintiff ...


La Globalización De La Legislación Cambiaria, Bruno L. Costantini García 2010 ITESM Campus Puebla

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.


A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco 2010 California Polytechnic State University - San Luis Obispo

A Case Study On Contracted Seasonal Workers And Farm Labor Contractors In The Stockton Area, Cristal Verduzco

Agribusiness

This study was conducted to define the current situation between contracted seasonal workers and farm labor contractors in the Stockton area. Specifically, this study focuses on the perception workers have of farm labor contracted employment. It also addresses the perception farm labor contractors have on the contracting business.

To gather the information needed to compare perceptions, interviews with twelve contracted seasonal workers and two farm labor contractors were conducted in Stockton. The analysis process consists of a detailed account of the problems workers and farm labor contractors encounter in the farm labor contracting business.

The results of these interviews concluded ...


Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack 2010 University of Richmond School of Law

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.


Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske 2010 University of California Hastings College of Law

Above All Else Stop Digging: Local Government Law As A (Partial) Cause Of (And Solution To) The Current Housing Crisis, Darien Shanske

University of Michigan Journal of Law Reform

So many things have gone wrong with our housing market that it is hard to know where to start. One simple diagnosis is that we invested too much in houses that were not worth as much as we thought. Looked at in this way, it is relatively easy to see how innovations like interest-only loans contributed to an over-valuation of housing. Certain actions of the federal government were and are also clearly problematic, such as the longstanding tax breaks for home ownership.

This Article looks at state and local government law, and particularly at financing mechanisms created by state law ...


Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez 2010 ITESM Campus Puebla

Protección De Datos Personales, Bruno L. Costantini García, Norma E. Pimentel Méndez

Bruno L. Costantini García

Introducción a la regulación de la protección de datos personales en México.


Making Debtor Remedies More Effective, Melissa B. Jacoby 2010 University of North Carolina at Chapel Hill

Making Debtor Remedies More Effective, Melissa B. Jacoby

Melissa B. Jacoby

Commissioned for a conference on credit markets at Harvard Business School in February 2010, this paper explores functional system design and the role of lawyers and intermediaries in providing debtor remedies in a complex legal system. The thesis of this paper, which proceeds in the “law and society” tradition, is that the location of a remedial right within the debtor-creditor system substantially affects the costs and benefits of the remedy for debtors, creditors, the system, and society. In other words, merely adding specific substantive provisions does not directly translate into actual protection. Relatedly, policymakers must recognize that lawyers and other ...


Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq 2010 University of Rhode Island

Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

Landlords who rent space to spa-brothels were the target of a protest on Atwells Avenue on Federal Hill in Providence on the evening of March 28th. About two dozen neighbors, friends, and anti-trafficking activists gathered to condemn landlords who rent to spa-brothels.


After Kelo, Curbing Opportunistic Tif-Driven Economic Development: Forgoing Ineffectual Blight Tests; Empowering Property Owners And School Districts, George Lefcoe 2010 University of Southern California

After Kelo, Curbing Opportunistic Tif-Driven Economic Development: Forgoing Ineffectual Blight Tests; Empowering Property Owners And School Districts, George Lefcoe

University of Southern California Legal Studies Working Paper Series

When economic development or urban redevelopment is funded by tax increment financing (TIF), local government officials, in their haste to pump up local tax receipts, may become overzealous in displacing some private land users to make way for private developers They are also tempted to hog property tax revenues collected from the project area and use it to repay redevelopment agency debt. These tax proceeds would previously have been divided among cities, counties, school districts and other taxing entities. This paper is about the legal solutions afoot to deal with these controversial aspects of TIF funded economic development—displacement of ...


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