Where shall we live? Class and limitations of fair housing law

Urban Lawyer

Volumn 35, Issue 3, 2003, Pages 399-470

  Pritchett, Wendell E ^a  

^a UNIVERSITY OF PENNSYLVANIA   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

CIVIL RIGHTS; HISTORICAL PERSPECTIVE; HOUSING POLICY; RACIAL SEGREGATION; RACISM;

UNITED STATES;

EID: 0346343064     PISSN: 00420905     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (225)

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44. Mark V. Tushnet, The Critique of Rights, 47 SMU L. REV. 23 (1993).
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46. CHRISTOPHER EDLEY, NOT ALL BLACK AND WHITE: AFFIRMATIVE ACTION, RACE AND AMERICAN VALUES (1996):
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48. LANIE GUINIER & SUSAN STURM, WHO'S QUALIFIED? (2002).
49. Derrick Bell, Bakke, Minority Admission, and the Usual Price of Racial Remedies, 67 CAL. L. REV. 3, 17 (1979).
50. LINCOLN CAPLAN, UP AGAINST THE LAW: AFFIRMATIVE ACTION AND THE SUPREME COURT 2 (1997).
51. SCOTT HENDERSON, HOUSING AND THE DEMOCRATIC IDEAL: THE LIFE AND THOUGHT OF CHARLES ABRAMS 122-45 (2000);
52. JOEL SCHWARTZ, THE NEW YORK APPROACH: ROBERT MOSES, URBAN LIBERALS THE REDEVELOPMENT OF THE INNER CITY 84-107 (1993).
53. CHARLES ABRAMS, FORBIDDEN NEIGHBORS (1955) [hereinafter ABRAMS, FORBIDDEN NEIGHBORS].
54. Charles Abrams, The Segregation Threat in Housing, COMMENTARY 123-31 (Feb. 1949).
55. Algernon Black, Report on Conference with Charles Abrams (Apr. 6, 1949) (Black Papers, Box 9) (on file with author);
56. Charles Abrams, "The Limits of Law in Housing and Social Action," Speech Delivered at the 12th Annual Institute on Race Relations, June 29, 1955, NAACP Papers, Part 5, Roll 10 (on file with author).
57. IF I MARRY OUTSIDE MY RELIGION (1954);
58. PEOPLE AND THE POLICE (1968),
59. JULIET SALTMAN, OPEN HOUSING: DYNAMICS OF A SOCIAL MOVEMENT 44-45 (1978).
60. ROBERT CARO, THE POWER BROKER: ROBERT MOSES AND THE FALL OF NEW YORK 961 (1974).
61. Paula Span, The Bitter Limbo of Bess Myerson: The Commissioner and a Prominent N.Y. Judge Toppled by Scandal, WASH. POST, July 23, 1987, at C1.
62. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, FORBIDDEN NEIGHBORS (1949).
63. Robert Weaver, Whither Northern Race Relations Committees?, 5 PHYLON 205-18 (1944) [hereinafter Weaver, Whither Northern Race Relations Committees];
64. Robert Weaver, Planning for a More Flexible Land Use, 23 J. LAND & PUB. UTIL. ECON. 29-41 (1947);
65. Robert Weaver, Habitation with Segregation, OPPORTUNITY (June 1952) (on file with author) [hereinafter Weaver, Habitation with Segregation];
66. Robert Weaver, The Effect of Anti-Discrimination Legislation upon the FHA and VA-Insured Housing Market in New York State, 31 LAND ECON. 303-13 (1955);
67. Robert Weaver, Non-White Population Movements and Urban Ghettos, 20 PHYLON 235-41 (1959);
68. ROBERT WEAVER, NEGRO LABOR: THE PROBLEM OF TODAY (1946);
69. ROBERT WEAVER, THE NEGRO GHETTO (1948) [hereinafter WEAVER, THE NEGRO GHETTO].
70. CLEMENT E. VOSE, CAUCASIANS ONLY (Univ. of Cal. Press 1967) (1959).
71. NATIONAL COMMITTEE AGAINST DISCRIMINATION IN HOUSING, OPENING A NEW FRONTIER (1954).
72. AMERICAN COUNCIL OF RACE RELATIONS, HEMMED IN (1945);
73. Robert Weaver, Housing in a Democracy, ANNALS AM. ACAD. POL. & SOC. SCI. 95-105 (Mar. 1946) (on file with author);
74. Robert Weaver, A Tool For Democratic Housing, CRISIS 47-48 (Feb. 1947) (on file with author).
75. DAVID LEVERING LEWIS, W.E.B. DUBOIS: BIOGRAPHY OF A RACE, 1868-1919 206 (1993).
76. Arnold Hirsch, Choosing Segregation: Federal Housing Policy Between Shelley and Brown, in FROM TENEMENTS TO THE TAYLOR HOMES: IN SEARCH OF AN URBAN HOUSING POLICY IN TWENTIETH-CENTURY AMERICA 211-14 (John Bauman et al. eds., 2000).
77. DONALD MCCOY & RICHARD RUETTEN, QUEST AND RESPONSE: MINORITY RIGHTS AND THE TRUMAN ADMINISTRATION 214-15 (1973).
78. Realty Men Fear Havoc in Building Over Curb on Bias, N.Y. TIMES, Dec. 4, 1949, at 1;
79. No Change Viewed in Work of F.H.A., N.Y. TIMES, Dec. 4. 1949, at 84.
80. Shad Polier, Letter to the Editor, N.Y. TIMES, Dec. 12, 1949, at 32.
81. RICHARD O. DAVIES, HOUSING REFORM DURING THE TRUMAN ADMINISTRATION (1966);
82. MARK GELFAND, A NATION OF CITIES: THE FEDERAL GOVERNMENT AND URBAN AMERICA, 1933-1965 (1975);
83. GAIL RADFORD, MODERN HOUSING FOR AMERICA: POLICY STRUGGLES IN THE NEW DEAL ERA (1996);
84. JON TEAFORD, ROUGH ROAD TO RENAISSANCE: URBAN REVITALIZATION IN AMERICA, 1940-1985 (1990).
85. RICHARD O. DAVIES, DEFENDER OF THE OLD GUARD: JOHN BRICKER AND AMERICAN POLITICS (1997).
86. Democrats Reject Housing Anti-Bias, N.Y. TIMES, Apr. 12, 1949, at 1.
87. THOMAS J. SUGRUE, THE ORIGINS OF THE URBAN CRISIS: RACE AND INEQUALITY IN POST WAR DETROIT (1996).
88. LEONARD FRIEDMAN, PUBLIC HOUSING AND THE POLITICS OF POVERTY 140 (1969).
89. Joseph Robison, Fair Housing Legislation in the City and State of New York, in THE POLITICS OF FAIR-HOUSING LEGISLATION: STATE AND LOCAL CASE STUDIES 41-43 (Lynn W. Eley & Thomas W. Casstevens eds., 1968);
90. Housing Bias Bill Passed at Albany, N.Y. TIMES, Mar. 9, 1959, at 11;
91. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, AN EXAMPLE FOR THE NATION (1951) (on file with author);
92. Harold Saks & Sol Rabkin, Racial and Religious Discrimination in Housing: A Report of Legal Progress, 45 IOWA L. REV. 488, 508 (1960).
93. Council Passes Bill Barring Bias in All City-Aided Private Housing, N.Y. TIMES, Feb. 17, 1951, at 1;
94. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, ENFORCEMENT OF LAWS FORBIDDING DISCRIMINATION AND SEGREGATION IN PUBLICLY ASSISTED HOUSING (UNH Papers, Box 42, Folder 430) (on file with author).
95. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, EXECUTIVE DIRECTOR'S ACTION REPORT (June 24, 1952) (Black Papers, Box 9) (on file with author).
96. Citizens Hold Huge Rally to Block Land Grab. PITTSBURGH COURIER, June 25, 1949.
97. Anti-Bias Progress in Housing Haied, N.Y. TIMES, May
98. ROBERT BURK, THE EISENHOWER ADMINISTRATION AND BLACK CIVIL RIGHTS (Dewey Grantham ed., 1988);
99. STEPHEN AMBROSE, EISENHOWER THE PRESIDENT 9-10 (1984);
100. Albert Cole, What is the Federal Government's Role in Housing? (Feb. 13, 1954) (UNH Papers, Box 58, Folder 13) (on file with author).
101. WHAT BROWN V. BOARD OF EDUCATION SHOULD HAVE SAID: THE NATION'S TOP LEGAL EXPERTS REWRITE AMERICA'S LANDMARK CIVIL RIGHTS DECISION (Jack M. Balkin ed., 2001).
102. FHA to Support Minority Housing, N.Y. TIMES, May 22, 1954, at 18.
103. No-Bias Goal Set for U.S. Housing, N.Y. TIMES, July 3, 1954, at 11.
104. Levitts, Builders, Sued on Bias Issue, N.Y. TIMES, Jan. 14, 1955, at 23.
105. Racial Discrimination in Housing, 107 U. PA. L. REV. 515, 521 (1959).
106. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, ENFORCEMENT OF LAWS FORBIDDING DISCRIMINATION AND SEGREGATION IN PUBLICLY ASSISTED HOUSING (Jan. 14, 1954) (UNH Papers, Box 42, Folder 430) (on file with author).
107. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, SHARKEY-BROWN-ISAACS LAW FORBIDDING DISCRIMINATION IN FHA INSURED HOUSING ENACTED (July 14, 1954) (UNH Papers, Box 42, Folder 430) (on file with author);
108. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, NEW YOTK STATE NEEDS A FAIR HOUSING PRACTICES LAW (Dec. 1956) (UNH Papers, Box 58, Folder 13) (on file with author).
109. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, QUESTIONS AND ANSWERS ON THE PROPOSED FAIR HOUSING PRACTICES BILL (Dec. 1956) (UNH Papers, Box 58, Folder 13) (on file with author).
110. Harriman Widens Housing Bias Ban, N.Y. TIMES, Apr. 16, 1955, at 21;
111. STEVEN GREGORY, BLACK CORONA: RACE AND THE POLITICS OF PLACE IN AN URBAN COMMUNITY (1998);
112. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, MEMORANDUM IN SUPPORT OF A BILL TO AMEND THE EXECUTIVE LAW (Feb. 1956) (NAACP Papers, Part 5, Supplement, Roll 1) (on file with author).
113. Harriman Defers Decision on Asking Rise in Income Tax, N.Y. TIMES, Dec. 31, 1951, at 1;
114. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, EXCERPTS FROM THE REMARKS OF COMMISSIONER CHARLES ABRAMS (NAACP Papers, Part 5, Supplement, Roll 11) (on file with author).
115. ROBERT CARO, LYNDON JOHNSON: MASTER OF THE SENATE (2002);
116. Private Housing Eludes Negroes, N.Y. TIMES, Feb. 3, 1957, at 227.
117. Robert Weaver, Non-White Population Movements and Urban Ghettos, 20 PHYLON 235, 240 (1959) (on file with author).
118. Harriman Urges Housing Bias End, N.Y. TIMES, Feb. 8, 1957, at 47.
119. Bill to Bar Bias in Housing Urged, N.Y. TIMES, Feb. 21, 1957, at 20.
120. City May Ban Bias in Private Rental, N.Y. TIMES, May 21, 1957, at 1;
121. City May Become First in Nation to Bar Bias in Private Housing, N.Y. TIMES, May 26, 1957, at R1.
122. REAL ESTATE BOARD OF NEW YORK, TENANTS CAN HELP PROTECT THEIR OWN INTEREST (July 26, 1957) (on file with author). See also real Estate Men Combat Bias Bill, N.Y. TIMES, June 15, 1957, at 19.
123. Estate Men Combat Bias Bill, N.Y. TIMES, June 15, 1957, at 19.
124. Bias in Private Housing, N.Y. TIMES, June 15, 1957, at 16.
125. Algernon Black, Letter to the Editor, N.Y. TIMES, June 17, 1957, at 25.
126. Stanley Isaacs, Letter to the Editor, N.Y. TIMES, June 18, 1957, at 32.
127. Realtors New Attack May Stall Vote on Bill to Ban Private Housing Bias, N.Y. POST, June 17, 1957, at 4; Council Shelves Housing Bias Bill, N.Y. TIMES, June 19, 1957, at 1.
128. Council Shelves Housing Bias Bill, N.Y. TIMES, June 19, 1957, at 1.
129. Housing Bias Bill Set for Passage, N.Y. TIMES, Dec. 3, 1957, at 1;
130. Long-Term Impact of Bias Law Seen, N.Y. TIMES, Dec. 8, 1957, at R1;
131. GERALD BENJAMIN, RACE RELATIONS AND THE NEW YORK CITY COMMISSION ON HUMAN RIGHTS 71-121 (1974) (discussing COIR).
132. Michael H. Schill, Local Enforcement of Laws Prohibiting Discrimination in Housing: The New York City Human Rights Commission, 23 FORDHAM URB. L.J. 991, 1006 (1996).
133. Jail Threatened for Rental Bias, N.Y. TIMES, Mar. 31, 1958, at 29.
134. Housing Bias Ban Goes Into Effect, N.Y. TIMES, Apr. 2, 1958, at 33.
135. How City Curbs Bias in Housing, N.Y. TIMES, July 19, 1959, at 7.
136. Housing Bias Difficult to Cure, N.Y. TIMES, Feb. 8, 1959, at R1.
137. Fair Housing Act Upheld by Court, N.Y. TIMES, Apr. 2, 1960, at 1;
138. Catherine Bauer, The Issue that Cannot Wait, NATION, Sept. 3, 1955
139. NATIONAL COMMITTEE AGAINST DISCRIMINATION IN HOUSING, GHETTOS: THE LAST BARRIER TO CIVIL RIGHTS (1954) (on file with author).
140. Study of Housing of Minorities Set, N.Y. TIMES, May 21, 1955, at 19.
141. DAVIS MCENTIRE, RESIDENCE AND RACE: FINAL & COMPREHENSIVE REPORT TO THE COMMISSION ON RACE & HOUSING, at vii (1960);
142. 1 TRENDS IN HOUSING 1 (Feb.-Mar. 1957) (Balck Papers, Boc 9) (on file with author).
143. Housing Shift Seen, N.Y. TIMES, Feb. 24, 1957, at 77.
144. Presbyterians Ask Churchgoers to Aid Housing Bias Fight, N.Y. TIMES, May 31, 1957, at 1.
145. Church Attacks Racial Barriers, N.Y. TIMES, Oct. 3, 1956, at 15.
146. NEW YORK COMMITTEE AGAINST DISCRIMINATION IN HOUSING, THE 1957 HOUSING CHALLENGE (NAACP Papers, Part 5, Supplement, Roll 8) (on file with author).
147. Levittown Incident Tests Bias of North, 2 TRENDS IN HOUSING 1 (Sept.-Ot. 1957) (on file with author).
148. Peace is Restored to Levittown, Pa., 2 TRENDS IN HOUSING 1 (Dec. 1957-Jan. 1958) (on file with author);
149. N.J. Levittown Started: Negro Exclusion Stands, N.Y. HERALD TRIB., June 8, 1958, at 1.
150. Civil Rights Unit to Open Studies, N.Y. TIMES, June 11, 1958, at 18.
151. WHERE SHALL WE LIVE? REPORT OF THE COMMISSION ON RACE AND HOUSING 63-64 (1958).
152. Major Study set on Housing Bias, N.Y. TIMES, June 15, 1956, at 32;
153. MARY DUDZIAK, COLD WAR CIVIL RIGHTS (2001).
154. Views on Housing Clarified by U.S., N.Y. TIMES, Nov. 16, 1958, at R1.
155. Cole Bars part in Segregation, N.Y. TIMES, Nov. 14, 1958, at 46.
156. U.S. Opposes Ban on Housing Bias, N.Y. TIMES, Mar. 14, 1959, at 9.
157. President Urged to Lead on Rights, N.Y. TIMES, Feb. 1, 1959, at 44.
158. Hearings Before the United States Commission on Civil Rights (Jan. 2, 1959) (on file with author).
159. U.S. Inquiry Begun on Bias in Housing, N.Y. TIMES, Feb. 3, 1959, at 23.
160. U.S. Unit Here Gets Housing Bias Data, N.Y. TIMES, Feb. 4, 1959, at 24.
161. Federal Panel Asks, "Inventive, Creative and Educational" Civil Rights Law, N.Y. TIMES, Sept. 9, 1959, at 45.
162. Federal Panel Asks. "Inventive, Creative and Educational" Civil Rights Law, N.Y. TIMES, Sept. 9, 1959, at 45.
163. Pittsburgh "Open City" Law Second in Nation, 3 TRENDS IN HOUSING 1 (Jan.-Feb. 1959) (on file with author).
164. States Weigh Bias Legislation, N.Y. TIMES, Mar. 15, 1959, at R1.
165. Housing Progress Seen by NAACP, N.Y. TIMES, Dec. 27, 1959, at R1.
166. Governor Offers a Broad Measure on Bias in Housing, N.Y. TIMES, Feb. 24, 1960, at 1.
167. W. ROBERT CRAY, THE FOUR FACES OF AFFIRMATIVE ACTION 4 (2001);
168. Sigmund Shipp, Building Bricks Without Straw, in HISTORICAL ROOTS OF THE URBAN CRISIS: AFRICAN-AMERICANS IN THE INDUSTRIAL CITY, 1900-1950 227 (Walter Hill & Henry Louis Taylor, Jr. eds., 2000).
169. Rising Negro Proportion Seen in Public Housing, 1 TRENDS IN HOUSING 3 (Dec. 1956) (on file with author).
170. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, BACKGROUND OF RECOMMENDATIONS TO ACHIEVE NON-SEGRAGATION IN PUBLIC AND PUBLICLY-ASSISTED HOUSING (May 28, 1956) (NAACO Papers, Part 5, Supplement, Roll 11) (on file with author).
171. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, TOWARD NON-SEGRAGATION IN PUBLIC HOUSING AND PUBLICLY ASSISTED HOUSING (Jun. 21, 1956) (Black Papers, Box 9) (on file with author).
172. Bias Issue Stirs Debate, N.Y. TIMES, May 14, 1956, at 27.
173. 2 Housing Agencies Heal Race Dispute, N.Y. TIMES, June 20, 1956, at 12.
174. From the Housing Authority, N.Y. RECORDER, Sept. 3, 1960.
175. Bernard Roshco, The Integration Problem and Public Housing, THE NEW LEADER, July 4-11, 1960, at 10.
176. Bias Laid to City in Tenant Choice, N.Y. TIMES, July, 4, 1960, at 1.
177. Integration Drive Set for City Housing, N.Y. HERALD TRIB., Aug. 28, 1960, at 1.
178. Foes of Bias Hail Housing Agency, N.Y. WORLD TELEGRAM & SUN, Aug. 29, 1960, at 1;
179. Act on Integration for City Housing, N.Y.J. AM., Aug. 28, 1960, at 1;
180. Bias Issue Stirs Housing Council, N.Y. TIMES, Aug. 28, 1960, at 67;
181. Policy to Cut Bias in Housing Hailed, N.Y. TIMES, Aug. 29, 1960, at 47.
182. SCAD Against Integration?, N.Y. TIMES, Sept. 24, 1960, at 22.
183. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, PROPOSED STATEMENT REGARDING THE INTRACTION PROGRAM OF THE NEW YORK CITY HOSUING AUTHORITY (Sept. 1960) (Black Papers, Box 12) (on file with author).
184. Citizens Panel Seeks to Settle Racial Dispute in City Housing, N.Y. TIMES, Jan. 7, 1961, at 1;
185. NEW YORK STATE COMMITTEE AGAINST DISCRIMINATION IN HOUSING, REVISIONS TO STATEMENT OF PRINCIPLES FOR PROGRAM TO EFFECT INTEGRATION IN PUBLIC HOUSING (Apr. 11, 1961) (UNH Papers, Box 58, Folder 13) (on file with author).
186. Oscar Cohen, The Case for Benign Quotas in Housing, 21 PHYLON 20-29 (1960).
187. Housing Policy of City Changed, N.Y. TIMES, Jan. 27, 1964, at 16.
188. GERALD H. GAMM, URBAN EXODUS: WHY THE JEWS LEFT BOSTON AND THE CATHOLICS STAYED (1999);
189. JONATHON REIDER, CANARSIE: THE JEWS AND ITALIANS OF BROOKLYN AGAINST LIBERALISM (1985);
190. THOMAS BYRNE EDSALL & MARY EDSALL, CHAIN REACTION: THE IMPACT OF RACE, RIGHTS AND TAXES ON AMERICAN POLITICS.
191. J. Anthony Lukas, Integrated Housing: A Matter of Timing, REPORTER, Feb. 15, 1962;
192. CARL M. BRAUER, JOHN F. KENNEDY AND THE SECOND RECONSTRUCTION 85 (1977);
193. BECKY NICOLAIDES, MY BLUE HEAVEN: LIFE AND POLITICS IN THE WORKING-CLASS SUBURBS OF LOS ANGELES 308-15 (2002).
194. Thomas Casstevens, California's Rumford Act and Proposition 14, in THE POLITICS OF FAIR HOUSING LEGISLATION (Lynn W. Eley & Thomas Casstevens eds., 1968).
195. JAMES R. RALPH JR. NORTHERN PROTEST: MARTIN LUTHER KING, JR., CHICAGO, AND THE CIVIL RIGHTS MOVEMENT (1993).
196. HUGH DAVIS GRAHAM, CIVIL RIGHTS AND THE PRESIDENCY 127 (1992);
197. Richard Sander, Individual Rights and Demographic Realities: The Problem of Fair Housing, 82 Nw. U. L. REV. 874, 880 (1988).
198. Mara S. Sidney, Images of Race, Class and Markets: Rethinking the Origin of U.S. Fair Housing Policy, 13 J. POL'Y & HIST. 181, 182 (2001).
199. Jean Dubofsky, Fair Housing: A Legislative History and a Perspective, 8 WASHBURN L.J. 149, 154 (1969)
200. Richard Sander, Housing Segregation and Housing Integration: The Diverging Paths of Urban America, 52 U. MIAMI L. REV. 977, 1009-10 (1998)
201. Abraham Bell & Gideon Parchomovsky, The Integration Game, 100 COLUM. L. REV. 1965, 1985-90 (2000).
202. DIVIDED NEIGHBORHOODS: CHANGING PATTERNS OF RACIAL SEGREGATION (Gary Tobin ed., 1987).
203. JOHN YINGER, HOUSING DISCRIMINATION STUDY: INCIDENCE AND SEVERITY OF UNFAVORABLE TREATMENT (1991);
204. JOHN YINGER, CLOSED DOORS, OPPORTUNITIES LOST: THE CONTINUING COSTS OF HOUSING DISCRIMINATION (1995).
205. Rodney Smolla, In Pursuit of Racial Utopias: Fair Housing, Quotas and Goals in the 1980's, 58 S. CAL. L. REV. 947 (1985);
206. Michael Tein, The Devaluation of Nonwhite Community in Remedies for Subsidized Housing Discrimination, 140 U. PA. L. REV. 1463 (1992);
207. Richard Sander, Individual Rights and Demographic Realities: The Problem of Fair Housing, 82 Nw. U. L. REV. 874, 908-13 (1988);
208. Comment, Benign Steering and Benign Quotas: The Validity of Race- Conscious Government Policies to Promote Residential Integration, 93 HARV. L. REV. 938 (1980);
209. Comment, Tipping the Scales of Justice: A Race-Conscious Remedy for Neighborhood Transition, 90 YALE L.J. 377 (1980);
210. Ackerman, Integration for Subsidized Housing and the Question of Racial Occupancy Controls, 26 Stan. L. Rev. 245 (1974).
211. Arthur S. Flemming, The Politics of fair Housing, 6 YALE L. & POL'Y REV. 385, 386 (1988).
212. John Charles Boger, Toward Ending Residential Segregation: A Fair Share Proposal for the Next Reconstruction, 71 N.C.L. REV. 1573, 1583 (1993) ("[B]y most accounts, the Fair Housing Act has been a disappointing failure");
213. Alex Johnson, Shaping American Communities: Segregation, Housing and the Urban Poor: How Race and Poverty Intersect to Prevent Integration: Destabilizing Race as a Vehicle to Integrate Neighborhoods, 143 U. PA. L. REV. 1595, 1632 (1995);
214. James Kushner, The State of the Union: Civil Rights: The Fair Housing Amendments Act of 1988: The Second Generation of Fair Housing, 42 VAND. L. REV. 1049, 1051 (1989).
215. Mark V. Tushnet, The Critique of Rights, 47 SMU L. REV. 23 (1993).
216. Reginald Leamon Robinson, The Racial Limits of the Fair Housing Act: The Intersection of Dominant White Images, the Violence of Neighborhood Purity, and the Master Narrative of Black Inferiority, 37 WM. & MARY L. REV. 69, 109 (1995).
217. John Charles Boger, Toward Ending Residential Segregation: A Fair Share Proposal for the Next Reconstruction, 71 N.C.L. REV. 1573 (1993);
218. Charles E. Daye, Whither Fair Housing: Meditations on Wrong Paradigms. Ambivalent Answers, and a Legislative Proposal, 3 WASH. U. J.L. & POL'Y 241 (2000).
219. John Stahura, Changing Patterns of Suburban Racial Composition, 1970-1980, 23 URB. AFF. Q. 448-460 (1988) (on file with author);
220. Thomas Phelan & Mark Schneider, Race, Ethnicity and Class in American Suburbs, 31 URB. AFF. REV. 659-680 (1996) (on file with author).
221. Meeting Our Nation's Housing Challenges: The Report of the Bipartisan Millenial Housing Commission (2002).
222. Randall Kennedy, Persuasion and Distrust: A Comment on the Affirmative Action Debate, 99 HARV. L. REV. 1327 (1986), at 1334.
223. Eric Belsky & Mark Duda, Anatomy of the Low- Income Homeownership Boom in the 1990s, in LOW-INCOME HOMEOWNERSHIP: EXAMINING THE UNEXAMINED GOAL 15-63 (Nicolas Retsinas & Eric Belsky eds., 2002).
224. Area Black Homeownership Grows: Study Also Finds Region Profoundly Segregated by Race, WASH, POST, Jun. 19, 2002, A1. 443. CAPLAN, supra note 32, at 57-58.
225. Nancy Denton, Half Empty or Half Full: Segregation and Segregated Neighborhoods 30 Years After the Fair Housing Act, 4 CITYSCAPE 107-22 (1999).