Recent Articles
Initiating Remedies for Our Unconstitutional and Unlawful Residential Segregation
Richard Rothstein
In 1866, Congress passed a Civil Rights Act outlawing burdens on freed slaves not also imposed on free whites, reasoning that racial discrimination—both public and private—undermined effective emancipation. However, subsequent Supreme Court jurisprudence did not honor or uphold this law and its progeny. Had it done so, the hard-fought promise of equality would not have been broken, the America we know today would not be so racially segregated, and the “badges and incidents” of slavery could have been timely eliminated. The racial segregation of America’s neighborhoods is not, as was long thought, merely the result of private activities such as unethical mortgage lending and the use of racially restrictive covenants. (more…)
Gilead: Municipal Liability for Punitive Damages Under the Fair Housing Act
Robert G. Schwemm
The 1968 Fair Housing Act (“FHA”) has always been understood to apply to local governments, which have proved to be among the most frequent and significant violators of this law, especially in their opposition to housing of particular value to racial minorities and persons with disabilities. Yet not until the Second Circuit’s decision last year in Gilead Community Services, Inc. v. Town of Cromwell did an appellate court approve an FHA-based punitive-damage award against a municipality. Before Gilead, district courts had generally blocked such awards, applying § 1983’s immunities to protect local governments and their officials from the FHA’s full set of remedies. In rejecting this approach, Gilead charts a new course, offering a potential breakthrough for deterring municipal housing discrimination. (more…)
Legal and Policy Responses to Sexual Harassment in Housing
Rigel C. Oliveri
The sexual harassment of low-income women by their housing providers is a clear national problem that has only recently become the focus of coordinated nationwide enforcement efforts by federal agencies, including the Department of Justice. While these developments are welcome, the problem requires proactive responses as well. (more…)
News
Access to safe and affordable housing remains a challenge for millions of Americans. Historical and systemic factors, including redlining and discriminatory lending practices, have disproportionately affected minority communities, contributing to disparities in home ownership and exacerbating the housing affordability crisis. Unsafe or inaccessible rental housing, as well as rising rental costs, create additional barriers to housing security nationwide. While progress has been made due to the passage of the Fair Housing Act and other consumer protection laws, the affordable housing crisis and tenant rights’ violations persist. Moreover, the use of artificial intelligence in housing markets and public housing is raising new concerns. Leading scholars will discuss some of these problems and innovative efforts to address them. Participants will also share their predictions for future housing law and policy needs and make recommendations for how to move forward. (more…)
Connecticut Law Review has been ranked as the 50th flagship law review in the United States, according to the 2024 Law Journal Meta-Rankings. Connecticut Law Review improved 8 spots from its ranking in 2023 in order to break into the top-50 flagship journals in the nation in 2024. Professor Bryce Clayton Newell publishes Meta-Rankings of approximately 200 different flagship law reviews across the country, determining their rank based on the Washington & Lee Law Journal ranking, Google Scholar Metrics ranking, U.S. News Peer Reputation score, and U.S. News average 10-year overall school ranking. For more information and to see the full ranking, visit the Law Journal Meta-Ranking, 2024 Edition.
Announcements
Connecticut Law Review will host its first Proof Day for Volume 57 on August 24, 2024, at 8:30 AM in the Starr Reading Room. All members of CLR are required to attend unless previously excused.
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