[DOWNLOAD] "Justifying Facial Discrimination by Government Defendants Under the Fair Housing Act: Which Standard to Apply?" by Missouri Law Review * Book PDF Kindle ePub Free

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eBook details

• Title: Justifying Facial Discrimination by Government Defendants Under the Fair Housing Act: Which Standard to Apply?
• Author : Missouri Law Review
• Release Date : January 01, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 299 KB

Description

I. INTRODUCTION Since its inception, the Fair Housing Act (1) has played a vital role in the exposure and reduction of housing discrimination. (2) Victims of housing discrimination can use several theories to establish a prima facie case under the Fair Housing Act, (3) one of which is the facial discrimination theory, which applies when a law or policy discriminates against members of a protected group on its face. (4) While there appears to be no debate over how a plaintiff establishes a prima facie case of facial discrimination, several of the United States Courts of Appeals are split regarding the standard that reviewing courts should use when they examine a defendant's asserted justifications for the discriminatory treatment. (5) Of the circuits that have dealt with this issue, three have adopted a rigorous standard that is more favorable to plaintiffs, while only one has adopted a more encompassing standard that grants great deference to the defendant's justification in cases that involve discrimination against certain protected classes. (6)

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