Category Archives: Homeless

News Article: “What The Final Moments Of Homeless People Can Teach Us”

Amy DePaul, “What The Final Moments Of Homeless People Can Teach Us“, Capital & Main, 2017.

New Article: “Move Along to Where? Property in Service of Democracy (A Tribute to André van der Walt)”

New Article: Timothy M. Mulvaney & Joseph William Singer, Move Along to Where? Property in Service of Democracy (A Tribute to André van der Walt). Abstract below:

When the police in cities that prohibit sleeping in public spaces command that people on the streets “move along,” advocacy groups for the homeless have started a campaign that pointedly asks “move along to where?” This question seeks to highlight the reality that homeless persons are being subjected to an order with which they have no capacity to comply. In this instance, the state is defining and rigidly enforcing property rights without concern for the consequences of its doing so; it apparently is only after this exercise in definition and enforcement that the state can move to respect fundamental democratic values—such as dignity and equality—in the space that remains.

Inspired by the work of André van der Walt, we here present the alternate thesis that property exists in service of the values that characterize our democracy. We advance this thesis through the lens of two stories of eviction—the leading cause of homelessness in the U.S.—in which our democratic values seemingly and, in our view, unacceptably are taking a backseat to property.

New Article: “Ban the Address: Combating Employment Discrimination Against the Homeless”

New Article: Sarah Golabek-Goldman, Ban the Address: Combating Employment Discrimination Against the Homeless, 126 Yale L.J. 1788 (2017).  Abstract below:

This Note presents a study of obstacles to employment faced by homeless job applicants and offers potential solutions. Homeless job applicants confront discrimination when they provide the address of a shelter or do not have an address to provide on applications. Advocates should seek to protect homeless job applicants by encouraging businesses, nonprofits, and government agencies to provide homeless applicants with addresses or P.O. boxes. Most significantly, the proposed “Ban the Address” campaign would discourage employers from inquiring about an applicant’s address or residency history until after granting a provisional offer of employment. Advocacy efforts such as these can serve as a foundation for successful legal claims under new homeless person’s bills of rights, Title VII of the Civil Rights Act, and the Americans with Disabilities Act. This Note explains why requesting residency information might be deemed illegal under both state and federal causes of action. A combination of both legal and nonlegal tactics has the best chance of permitting homeless job applicants to obtain employment and to regain self-sufficiency.

Upcoming Conference: “Housing Not Handcuffs: National Forum on the Human Right to Housing”

Upcoming Conference: “Housing Not Handcuffs: National Forum on the Human Right to Housing” organized by the National Law Center on Homelessness and Poverty, June 6-7, 2017.

New Report: “Set Up to Fail – Rapid Re-Housing in the District of Columbia”

New Report: Max Tipping, Set Up to Fail – Rapid Re-Housing in the District of Columbia (Wash. Legal Clinic for the Homeless, 2017).  Washington Post news coverage of the report here.

New Article: “Rethinking Rapid Re-Housing: Toward Sustainable Housing for Homeless Populations”

New Article: Laurie Ball Cooper & Ana Vohryzek, Rethinking Rapid Re-Housing: Toward Sustainable Housing for Homeless Populations, 19 U. Pa. J.L. & Soc. Change 307 (2017).

New Articles: Yale Law Journal Forum Collection on Matthew Desmond’s Evicted (2016)

Evicted PhotoYale Law Journal Forum has published three essays on Matthew Desmond’s Evicted: Poverty and Profit in the American City (2016), an amazing book that just won this year’s non-fiction Pulitzer Prize.  Links to the three articles are below:

Let me add on a personal note that it was a real privilege to get to work with the Yale L.J. editors who embraced the idea of doing a collection tied to this book and who made my essay tighter and stronger.  I have another article related to Evicted forthcoming in Fordham Urban Law Journal that is more of a traditional book review with the requisite summary of many of the story lines that Desmond weaves into Evicted.  Exploiting the Poor is more narrowly focused on the question of exploitation and as such does not spoil the reading of Evicted for those who haven’t had a chance to read Desmond’s book yet.
These essays join a number of other responses to Evicted, including Vicki Been & Leila Bozorg, Spiraling: Evictions and Other Causes and Consequences of Housing Instability, 130 Harv. L. Rev. 1408 (2017) and David A. Dana, An Invisible Crisis in Plain Sight: The Emergence of the Eviction Economy, Its Causes, and Possibilities for Reform, forthcoming Mich. L. Rev. (2017).

Note: Panhandling Regulation After Reed v. Town of Gilbert

Note: Anthony D. Lauriello, Panhandling Regulation After Reed v. Town of Gilbert, 116 Columbia L. Rev. 1105 (2016).

In Reed v. Town of Gilbert the Supreme Court rearticulated the standard for when regulation of speech is content based. This determination has already had a large impact on cases involving panhandling regulations and is likely to result in the invalidation of the majority of this nation’s panhandling laws.

This Note will begin with a discussion of First Amendment doctrine and how panhandling is protected speech. This Note will then demonstrate that it is helpful to think of panhandling regulations categorically and explore how these categories of panhandling laws have fared in lower courts. This Note will then discuss the holding in Reed and how jurisdictions have already begun to invalidate panhandling laws.  Finally, this Note proposes using the captive audience doctrine to uphold the validity of some salutary panhandling regulations while in­val­idating laws that are burdensome and oppressive to free expression.

News Article: The poor ‘just don’t want health care’: Republican congressman faces backlash over comments

News Article: Kristine Phillips, The poor ‘just don’t want health care’: Republican congressman faces backlash over comments, Washington Post (Mar. 9, 2017).

News Article: Trump administration considers $6 billion cut to HUD budget

News Article: Jose A. DelReal, Trump administration considers $6 billion cut to HUD budget, Washington Post (Mar. 8, 2017).