Week 6 Flashcards
Goals of anti-discrim laws
(1) expand housing opportunities
(2) prevent dignitary and emotional harm
(3) eliminate social message of inferiority/subordination
Anti-discrimination is a big ___
exception to the right to exclude
Private parties maintain the right to exclude because __
equal protection applies only to the government
Equity acts ___
in personam
Shelley holds that asking ___
court to enforce covenant via injunction is state action so violates the 14th
Well established that __ is state action
discrimination in jury selection
One problem with the Shelley covenant is that normally ____ BUT ___
unanimity required for covenants but not achieved, Missouri SC says not required
Merrill problem with Shelley
no limiting principle
Merrill says Shelley is troubling because we don’t want ___
all judicial enforcement of private rights to collapse into constitutional questions
Merrill says we think of courts as standing ready to enforce K and property rights without ___
regard to purpose/objective
____ is compromised if any form of state action subject to same constitutional limits as the govt
Individual autonomy in the common law
One limiting principle to Shelley was closed off by Burrow which was ___
injunction vs. damages
You could say Shelley covenant like zoning but ___
because not unanimous seems like a stretch and not used in later cases
If Shelley just limited to the facts then ___
have to explain why just to facts (Al v Gore)
Judicial non-enforcement is not enough to erase from the books ___
need leg and admin action
Merrill thinks one possible minimalist approach to Shelley is to say 14th should be ___
interpreted as disapproving of judicial inquiry into classifying persons by race (covenant requires Govt looking into race to decide whether to enforce or not)
Problem with Merrill minimalist approach
commits to color neutral regime
Merrill says currently only defensible position about Shelley is ___
judicial action is state action
What keeps Constitution from swallowing the CL?
interpretation of Constitution as narrower body of law`
What are things that are not state action
(1) self help
(2) covenants or voluntary agreements that don’t rely on govt action
The Fair Housing Act (FHA) only covers ___
residential
The FHA covers a dwelling ___
or portion thereof by one or more families
There is no exception for ____ under the FHA because ___
advertising, contains social messages
Plaintiffs under FHA need not show ____, ___ is enough
discriminatory intent, impact
Exceptions to FHA prohibitions on discrimination
(1) sale of single family home by owner without any ad or real estate agent
(2) Mrs. Murphy rentals
what is mrs.murphy rental
four or fewer dwellings + L occupies one unit
The FHA suggests that the prohibition is limited to ___
those renting or selling (offerors)
Web postings seeking preferences are technically ___
illegal under broadly written FHA BUT prosecution unlikely
Communications Decency Act says no liability for ___
user generated content
7th circuit says the CDA makes websites ___
immune from FHA liability
Roommate.com holds that there was ___
no violation of the FHA and roommate selection is excluded from its reach
Roommate.com, unlike Craigslist could at least __-
be sued because it elicited preferences
Roommate.com does not read dwelling to mean ___
subdivisions between one house or apartment unit
Roommate.com says that freedom to _____ is fundamental part of liberty and this implies a right ___
enter into certain intimate/private relationships, not to enter or associate
Roommate says that statutes should be __
interpreted to avoid “serious” constitutional questions
Roommate says roommate selection implicates ___
significant privacy and safety considerations
Roommate court is worried about ___
women having to accept male OR religious being forced to associate with non-religious
Roommate court looks to congressional intent of ___
1960s Congress
Criticism of Roommates.com: In 1960s, it was common ___
for units to share bathrooms/kitchens with other units
Criticism of Roommates.com: Same result if ___
color/national origin problem
Criticism of Roomate.com: ________ seems to suggest ___
language of statute, roommates covered
Repeated equitable enforcement can morph into ___
property modification
You no longer ___ to invoke equity
need property
Criteria for injunction
(1) reasonable possibility of irreparable injury
(2) action at law not adequate remedy
(3) threatened injury > whatever damage injunction causes to opposing
(4) injunction wouldn’t be adverse to public interest
