1,720,997 research outputs found
The Community Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights
Get PDFIn this blog post, the author addresses housing restrictions that discriminate against outsiders in favor of local residents. Local preferences imposed by predominantly white communities in racially diverse areas may reflect intentional discrimination. But even if they do not, such preferences invite FHA disparate-impact claims, a long-recognized method of establishing liability that was recently endorsed by the Supreme Court in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S.Ct. 2507 (2015)
From \u3cem\u3eWashington\u3c/em\u3e to \u3cem\u3eArlington Heights\u3c/em\u3e and Beyond: Discriminatory Purpose in Equal Protection Litigation
Get PDFWhen the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the requirement in different contexts. Only five members of the Court joined Justice Powell\u27s opinion applying the new standard in Arlington Heights; Justice White, the author of Davis, dissented. The division within the Court was even more dramatic in Castaneda, in which the Court for the first time found the necessary discriminatory purpose, but only by a five-to-four vote with three separate dissenting opinions, including one by Justice Powell. Only Justice Blackmun joined the Court\u27s opinion in all three cases.
This article reviews the history of the purpose-effect controversy in the Supreme Court opinions and lower court decisions that preceded Washington v. Davis and then analyzes the three recent Supreme Court decisions to see how the discriminatory purpose requirement has been applied and to identify the unresolved issues in the application of the requirement to future equal protection cases. The introduction traces the background of the purpose-effect problem and the significance of its resolution in Davis. The facts and holding of Davis are then considered, followed by a review of the relevant precedents, including those relied on or disapproved of in Davis. The second half of the article is devoted to a detailed analysis of the opinions in Davis, Arlington Heights, and Castaneda, and examines the legal standard adopted, the application of that standard, and the major issues left unresolved by the Court
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Overcoming Structural Barriers to Integrated Housing: A Back-to-the-Future Reflection on the Fair Housing Act\u27s Affirmatively Further Mandate
Get PDFA key goal of the 1968 Fair Housing Act (“FHA”), which was passed as an immediate response to Dr. Martin Luther King, Jr.’s assassination, was to replace the ghettos with “truly integrated and balanced living patterns.” It hasn’t happened. Today, more than four decades after the FHA’s passage, “residential segregation remains a key feature of America’s urban landscape,” continuing to condemn new generations of minorities to a second–class set of opportunities and undercutting a variety of national goals for all citizens.
But recent developments dealing with an underutilized provision of the FHA – § 3608’s mandate that federal housing funds be used “affirmatively to further the [FHA’s] policies”—hold out new hope that this law may yet prove effective in dismantling segregated housing patterns. These patterns, however, are deeply entrenched, and their powerful defenders are already mounting a counter-attack. Thus, the ultimate fate of the new § 3608–based effort to advance residential integration remains to be determined—as does resolution of the larger question of whether Americans will ever truly embrace the FHA’s goal of an integrated society.
Part I of this Article provides some background, first on the FHA’s integration goal, then on the particular mandate of § 3608, and finally on the data showing that, despite the FHA, high levels of segregation continue to plague the Nation’s housing markets. Part II examines the forty–year history of § 3608 from the FHA’s inception through modern times. Part III describes a recent § 3608–based lawsuit involving Westchester County, New York, the resolution of which in 2009 may start a new era of more aggressive enforcement of § 3608. Finally, Part IV reviews post–Westchester developments, which have not only produced a number of specific ideas for pro–integration initiatives, but also raise the possibility that § 3608’s new promise might yet be undermined
Reflections on Arlington Heights: Fifty Years of Exclusionary Zoning Litigation and Beyond
Get PDFFifty years ago, when I was two years out of law school, I began work on a case—Metropolitan Housing Development Corp. v. Village of Arlington Heights—that was destined to take on epic proportions in the housing discrimination field. The case started with a complaint filed in 1972, shortly before I joined the plaintiffs’ legal team, and was not finally resolved until 1980, after I’d left that team to become a law professor. During the seven years that I worked on the Arlington Heights case, it produced a major Supreme Court decision on standing and the Fourteenth Amendment’s Equal Protection Clause3 and, on remand, an important decision by the Seventh Circuit on the 1968 Fair Housing Act (“FHA”). A recent Westlaw search reveals that the Supreme Court’s Arlington Heights decision has been cited over 20,450 times, more than many of the most iconic civil rights decisions of the past century; and the Seventh Circuit’s remand decision is the second-most-cited of all FHA appellate decisions
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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