1 / 51

Billy Joel

Billy Joel. The Nylon Curtain (1982). (a) It shall be an unlawful discriminatory practice ….

loyal
Download Presentation

Billy Joel

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Billy Joel The Nylon Curtain (1982)

  2. (a) It shall be an unlawful discriminatory practice … (1) To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons … a housing accommodationbecause of the race, creed, color, national origin, sex, or disability or marital status of such person or persons.

  3. §1982 All citizens of the United States shall have the same right … as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.

  4. §1982 All citizens of the United States shall have the same right … as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. • Denial of housing b/c Latino?

  5. §1982 All citizens of the United States shall have the same right … as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. • Denial of housing b/c Latino? • Denial of housing b/c Jewish?

  6. §1982 All citizens of the United States shall have the same right … as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. • Denial of housing b/c Latino? • Denial of housing b/c Jewish? • Denial of housing b/c White?

  7. §1982 All citizens of the United States shall have the same right … as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. • Denial of housing b/c Latino? • Denial of housing b/c Jewish? • Denial of housing b/c White? • White tenant evicted b/c non-White guests?

  8. Unruh Act All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry or national origin are entitled to the full and equal accommodations, advantages, facilities, privileges or services in all business establishments …

  9. DQ3. On what evidence does the California Supreme Court rely for its determination in Marina Point that the California legislature intended the list of protected categories in the Unruh Act to be Illustrative rather than exclusive?

  10. DQ3. What is the significance for this determination of the legislature’s amending the statute to add “sex” to the list?

  11. SHOWBOAT Original Production 1927 Music by Jerome Kern Book & Lyrics by Oscar Hammerstein II 1993-94 Broadway Cast Recording Featuring Mark Jacoby, Rebecca Luker, Lonette McKee, Robert Morse & Elaine Strich

  12. DQ4. Evidence in Marina Point about what other kinds of discrimination the court would consider “arbitrary”? • Defense of Particular Result • Description of What’s Allowable • Prior Cases

  13. DQ4. Evidence in Marina Point about what other kinds of discrimination the court would consider “arbitrary”? • Defense of Particular Result • Can’t act based on “generalized prediction” • Can’t act based on statistical evidence • Can’t act based on personal experience w gp • Importance of housing for children • Description of What’s Allowable • Prior Cases

  14. DQ4. Evidence in Marina Point about what other kinds of discrimination the court would consider “arbitrary”? • Defense of Particular Result • Description of What’s Allowable • Deportment regs based on indiv. Conduct • Exclusion of indiv. Who • Conducts self improperly • Disrupts operation of business • Maybe: Housing for Special Classes or Purposes • Prior Cases

  15. DQ4. Evidence in Marina Point about what other kinds of discrimination the court would consider “arbitrary”? • Defense of Particular Result • Description of What’s Allowable • Prior Cases • Orloff: can’t exclude people w reputations for immoral char from racetrack • Stoumen: can’t exclude “homosexuals” from bars • Cox: can’t exclude from shopping ctr people w long hair/unconventional dress

  16. DQ4. Arbitrary under Marina Point? • College Student? • Member of Particular Fraternity? • Convicted Arsonist?

  17. DQ4. Arbitrary under Marina Point? • College Student? • Member of Particular Fraternity? • Convicted Arsonist? • Lawyer?

  18. DQ4. Arbitrary under Marina Point? • College Student? • Member of Particular Fraternity? • Convicted Arsonist? • Lawyer? • Particular Lawyer in Kramarsky?

  19. DQ1. What is the significance in Kramarsky of the phrase, “Painting New Rulings” on page 12?

  20. DQ4. Arbitrary under Marina Point? • College Student? • Member of Particular Fraternity? • Convicted Arsonist? • Lawyer? • Particular Lawyer in Kramarsky? • Legal Services Lawyer? • Likely Pain in the Neck?

  21. DQ6. Harris v. Capital Growth Investors XIV Marina Point analysis limited to “discrimi-nation based on personal characteristics similar to the statutory classifications of race, sex, religion, etc.” Because “eco-nomic characteristics” are not covered, a landlord does not have to make a per-sonalized determination of ability to pay.

  22. Under Harris, can you exclude based on occupation if based on generalization re job security or income stream? (e.g., author or free-lance programmer)

  23. ADMINISTRATIVE ANNOUNCEMENTS • START @ 7:55 & BREAK IN MIDDLE • CHOICES RE PANELS NEXT TUESDAY • BREAKOUT GROUPS 2d HALF TODAY • READING AMERICAN APARTHEID

  24. SLAVERY & THE EARLY REPUBLIC • Slavery embedded in US Constitution • Slave System in US Unusual • Discouraged, then banned freeing slaves • Slaves generally couldn’t own property • No taboo on physical proximity in South • Some restrictions on property ownership by free blacks in North

  25. RECONSTRUCTION ERA LEGAL DEVELOPMENTS • Protective Enactments • 13th Amdt • Civil Rights Act of 1866 • 14th Amdt • Limited Effectiveness • Private Decisions & Social Pressure • Civil Rights Cases • Plessy v. Ferguson

  26. GOV’T RACE-BASED ACTS 1868-1968 • Chinese Exclusion in California

  27. GOV’T RACE-BASED ACTS 1868-1968 • Chinese Exclusion in California • Race-Based Zoning

  28. Buchanan v. Warley (1917) • Louisville racial zoning ordinance • Lochner-era case strikes down • Some reference to Equal Protection Clause & Civ Rts Act of 1866 • BUT seems to rest on Property Rights • Treats racial purity as legit. State interest • Later cases allow limits on property ownership aimed at non-citizens

  29. GOV’T RACE-BASED ACTS 1868-1968 • Chinese Exclusion in California • Race-Based Zoning • Jim Crow Legislation pre-Brown

  30. Florida Jim Crow 1950 • State Constitution: • required separate schools by race • forbade miscegenation • Statutes • Criminalized interracial cohabitation (1yr sentence) & miscegenation (10 yrs) • prohibited white teachers from teaching in black schools & vice-versa • Required segregation in jails, RR cars, Univ of Fla

  31. GOV’T RACE-BASED ACTS 1868-1968 • Chinese Exclusion in California • Race-Based Zoning • Jim Crow Legislation pre-Brown • Supreme Court strikes down: Brown  Loving

  32. Music: Billboard Magazine’sTop Rock’n’Roll Hits of 1968

  33. THE CONSTRUCTION OF THE“GHETTO”

  34. WATERSHED: SPAIN 1492 • Islamic Community of Moors Driven Out • Jews Expelled • Ships Land in Western Hemisphere • Day of the Races • Disease & Immunity

  35. WATERSHED: USA 1968 • Consensus Forms Against Vietnam War • MLK & RFK Assassinated • Racial Tensions High • Segregation Measures at All-Time High in ’70 Census (incl. Southern Cities) • Complex Economic & Social Consequences • Riots of Previous Summer would Break Out Again

  36. Private Discriminatory Acts • Prevalent Belief in Segregation by Whites

  37. Private Discriminatory Acts • Prevalent Belief in Segregation by Whites • Individual Acts • Refusals to Sell or Rent (Wrong Robinson) • White Flight from Integrating Neighborhoods • Violence if Transgress Boundaries

  38. Private Discriminatory Acts • Prevalent Belief in Segregation by Whites • Individual Acts • Refusals to Sell or Rent (Wrong Robinson) • White Flight from Integrating Neighborhoods • Violence if Transgress Boundaries • Institutional Behavior • Real Estate Industry • Banks • Neighborhood Associations

  39. RACIAL COVENANTS • Common before Shelley

  40. Example: Fresno, CA Covenant: Premises can’t be “used or occupied by any Negro, Chinese, Japanese, Hindu, Armenian, Asiatic, or native of the Turkish Empire or descendant of any of the named persons” except as a servant for the legal resident.

  41. RACIAL COVENANTS • Common before Shelley • State courts had upheld

  42. RACIAL COVENANTS • Common before Shelley • State courts had upheld • Shelley holds that enforcement by state is Equal protection violation

  43. Shelley: Context • Three Justices Recused Themselves • States Made Separate but Equal Argument • Allowed Many Transactions • Chicago: in 4 years, 21,000 families move into formerly segregated housing • D.C.: 10% of residential blocks integrated by 1950 Census

  44. RACIAL COVENANTS • Common before Shelley • State courts had upheld • Shelley holds that enforcement by state is Equal protection violation BUT • Doesn’t make covenants illegal • Doesn’t prevent voluntary compliance

  45. GOV’T FACILITATION OF SEGREGATION 1917-1968 1935-1950: Nine million new private dwellings constructed in US; Fewer than 1% open to purchase by people of color.

  46. GOV’T FACILITATION OF SEGREGATION 1917-1968 • Judged Loan-Worthiness of N-hoods by Racial Content • Encouraged Restrictive Covenants til 1950 • Favored New Single-Family Homes over Renovation or Multi-Family Dwellings • Urban Renewal & Highway Construction Destroy Existing N-hoods • Segregation of Public Housing

  47. Anti-Discrimination Laws to 1968 • § 1982 Not Read to Reach Private Discrim • JFK Exec. Order bans Race Discrim in Fed’lly Funded Programs • 1964 Civil Rights Act bans Race/Relig/Sex Discrim in Employment & Public Accom. • Fair Housing Legislation Defeated in 1966

  48. Jones • Interprets §1982 to reach private discrim. • Finds authority in 13th Amdt • DGS CCR: Examples to show it’s reasonable to talk about “Badges & Incidents of Slavery” in 1968

  49. GENDER & PROPERTY • Common Law: All Marital Property Controlled by Husband • State Laws Giving Husband Exclusive Management Rts Last into 20th Century • A Streetcar Named Desire • Held Unconstitutional in 1981 • “Sex” Added to FHA in 1974

  50. 1988 AMENDMENTS • Add HUD Enforcement • Add “Familial Status” • Add “Handicap”

More Related