Proving Disparate Impact in Fair Housing Cases After \u3cem\u3eInclusive Communities\u3c/em\u3e

Disparate-impact claims under the federal Fair Housing Act (“FHA”) are now a well-established part of housing discrimination law, having been recognized for decades by the lower courts and recently endorsed by the Supreme Court in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. The Court in Inclusive Communities saw the impact theory as a way of bolstering the FHA’s “role in moving the Nation toward a more integrated society,” but it also set forth certain “cautionary standards” to guard against “abusive” impact claims. Under these standards, which are similar to those adopted in a 2013 HUD regulation and those long used in Title VII employment discrimination cases, a FHA-impact plaintiff must prove that a defendant’s challenged policy causes a disparate impact on a racial minority or other FHA-protected group, and then, if the defendant establishes a legitimate interest for its policy, the plaintiff may still prevail by showing that a less discriminatory alternative would serve this interest. In the first stage, Inclusive Communities instructs courts to “examine with care” the plaintiff’s proof in order to facilitate the “prompt resolution” of FHA-impact claims before trial. But, apart from the analogy to Title VII, neither Inclusive Communities nor HUD has provided any guidance for determining what such evidence should entail. Furthermore, lower-court decisions in FHA-impact cases before Inclusive Communities rarely followed the Title VII methodology and often used inconsistent techniques in evaluating the relevant data. This Article provides the guidance needed for evaluating a plaintiff’s proof in this crucial prima-facie-case stage of a FHA-impact claim. The Article first reviews the law governing proof in disparate-impact cases and identifies the data sets available to establish disparate impact in FHA cases. It then shows how these legal principles and available data should be used in the most frequently pursued types of FHA-impact claims, i.e., those involving a landlord’s screening devices and those challenging a municipality’s restrictions on affordable housing. Implicit throughout the discussion are two themes: (1) that certain approaches to proving disparate impact in FHA cases are problematic; and (2) that, given the correct legal and statistical principles and the data available, certain types of housing-impact claims may be harder to prove than others. Based on these insights, the Article shows that the promise of Inclusive Communities—that FHA-based impact claims may help break down arbitrary barriers to a more integrated society—will take some serious effort to fulfill

Clinical Faculty in the Legal Academy: Hiring, Promotion, and Retention

The Chair of the Association of American Law Schools (AALS) Section on Clinical Legal Education appointed us in 2005 to the Task Force on the Status of Clinicians and the Legal Academy (Task Force) to examine who is teaching in clinical programs and using clinical methodologies in American law schools and to identify the most appropriate models for clinical appointments within the legal academy. Our charges reflected two ongoing concerns: 1) the need to collect valid, reliable, and helpful data that would inform discussions on the breadth of clinical education in the legal academy and the status of clinical educators within the academy; and 2) the need to have a foundation for complex conversations on how American law schools should view and value their clinical teachers. The first primarily describes the present, while the second carries implications for the future

The Grand Tour of the Ruby-East Humboldt Metamorphic Core Complex, Northeastern Nevada: Part 1-Introduction & Road Log

The purpose of this geological excursion is to provide an overview of the multiphase developmental history of the Ruby Mountains and East Humboldt Range, northeastern Nevada. Although these mountain ranges are commonly cited as a classic example of a Cordilleran metamorphic core complex developed through large-magnitude, mid-Tertiary crustal extension, a preceding polyphase Mesozoic contractional history is also well preserved in the ranges. An early phase of this history involved Late Jurassic two-mica granitic magmatism, high-temperature but relatively low-pressure metamorphism, and polyphase deformation in the central Ruby Mountains. In the northern Ruby Mountains and East Humboldt Range, a Late Cretaceous history of crustal shortening, metamorphism, and magmatism is manifested by fold-nappes (involving Archean basement rocks in the northern East Humboldt Range), widespread migmatization, injection of monzogranitic and leucogranitic magmas, all coupled with sillimanite-grade metamorphism. Following Late Cretaceous contraction, a protracted extensional deformation partially overprinted these areas during the Cenozoic. This extensional history may have begun as early as the Late Cretaceous or as late as the mid-Eocene. Late Eocene and Oligocene magmatism occurred at various levels in the crust yielding mafic to felsic orthogneisses in the deep crust, a composite granitic pluton in the upper crust, and volcanic rocks at the surface. Movement along a west-rooted, extensional shear zone in the Oligocene and early Miocene led to core-complex exhumation. The shear zone produced mylonitic rocks about 1 km thick at deep crustal levels, and an overprint of brittle detachment faulting at shallower levels as unroofing proceeded. Megabreccias and other synextensional sedimentary deposits are locally preserved in a tilted, upper Eocene through Miocene stratigraphic sequence. Neogene magmatism included the emplacement of basalt dikes and eruption of rhyolitic rocks. Subsequent Basin and Range normal faulting, as young as Holocene, records continued tectonic extension

The Status of Clinical Faculty in the Legal Academy: Report of the Task Force on the Status of Clinicians and the Legal Academy

In the midst of ongoing debates within the legal academy and the American Bar Association on the need for \u27practice-ready law school graduates through enhanced attention to law clinics and externships and on the status of faculty teaching in those courses, this report identifies and evaluates the most appropriate modes for clinical faculty appointments. Drawing on data collected through a survey of clinical program directors and faculty, the report analyzes the five most identifiable clinical faculty models: unitary tenure track; clinical tenure track; long-term contract; short-term contract; and clinical fellowships. It determines that, despite great strides in the growth of clinical legal education in the last 30 years, equality between clinical and non-clinical faculty remains elusive. Clinical faculty still lag behind non-clinical faculty in security of position and governance rights at most law schools. The report then identifies four core principles that should guide decisions about clinical faculty appointments: 1) clinical education is a foundational and essential component of legal education; 2) the legal academy and profession benefit from full inclusion of clinical faculty on all matters affecting the mission, function, and direction of law schools; 3) there is no justification for creating hierarchies between clinical and non-clinical faculty; and 4) the standards for hiring, retention, and promotion of clinical faculty must recognize and value the responsibilities and methodologies of clinical teaching. The report concludes that these core principles are best realized when full-time clinical faculty are appointed to a unitary tenure track. This conclusion does not ignore the imperfections of a tenure system. However, to the extent that tenure remains the strongest measure of the legal academy\u27s investment in its faculty and is the surest guarantee of academic freedom, inclusion in faculty governance and job security, the report recommends that law schools predominantly place their clinical faculty on dedicated tenure lines. In addition, it recommends that schools implement standards for hiring, promotion, and retention that reflect the teaching responsibilities and methodologies, as well as practice and service obligations, unique to their clinical faculty. To facilitate the development of such standards, the report suggests good practices for the appointment of clinical faculty on a unitary tenure track

Childhood body weight in relation to morbidity from cardiovascular disease and cancer in older adulthood: 67-year follow-up of participants in the 1947 Scottish Mental Survey.

Although it has been well documented that elevated body weight in middle- and older-aged populations is associated with multiple morbidities, the influence of childhood body weight on health endpoints other than coronary heart disease is not well understood. Accordingly, using a subsample of 4,620 participants (2,288 women) from the Scottish Mental Survey of 1947, we examined the association between body mass index measured at 11 years of age and future risk of 9 independent health endpoints as ascertained from national hospital admissions and cancer registers until 2014 (up to age 77 years). Although there was some evidence of a relationship between elevated childhood body mass index and higher rates of peripheral vascular disease (per each 1-standard deviation increase in body mass index, hazard ratio = 1.21, 95% confidence interval: 1.07, 1.37) and smoking-related cancers (per each 1-standard deviation increase in body mass index, hazard ratio = 1.09, 95% confidence interval: 1.01, 1.17), there was no apparent association with coronary heart disease, stroke (including ischemic stroke), heart failure, or carcinomas of the colorectum, stomach, lung, prostate, or breast. In conclusion, a relationship between childhood body weight and later morbidity was largely lacking in the present study

The Allen Telescope Array: The First Widefield, Panchromatic, Snapshot Radio Camera for Radio Astronomy and SETI

The first 42 elements of the Allen Telescope Array (ATA-42) are beginning to deliver data at the Hat Creek Radio Observatory in Northern California. Scientists and engineers are actively exploiting all of the flexibility designed into this innovative instrument for simultaneously conducting surveys of the astrophysical sky and conducting searches for distant technological civilizations. This paper summarizes the design elements of the ATA, the cost savings made possible by the use of COTS components, and the cost/performance trades that eventually enabled this first snapshot radio camera. The fundamental scientific program of this new telescope is varied and exciting; some of the first astronomical results will be discussed.Comment: Special Issue of Proceedings of the IEEE: "Advances in Radio Telescopes", Baars,J. Thompson,R., D'Addario, L., eds, 2009, in pres

The Allen Telescope Array Pi GHz Sky Survey I. Survey Description and Static Catalog Results for the Bootes Field

The Pi GHz Sky Survey (PiGSS) is a key project of the Allen Telescope Array. PiGSS is a 3.1 GHz survey of radio continuum emission in the extragalactic sky with an emphasis on synoptic observations that measure the static and time-variable properties of the sky. During the 2.5-year campaign, PiGSS will twice observe ~250,000 radio sources in the 10,000 deg^2 region of the sky with b > 30 deg to an rms sensitivity of ~1 mJy. Additionally, sub-regions of the sky will be observed multiple times to characterize variability on time scales of days to years. We present here observations of a 10 deg^2 region in the Bootes constellation overlapping the NOAO Deep Wide Field Survey field. The PiGSS image was constructed from 75 daily observations distributed over a 4-month period and has an rms flux density between 200 and 250 microJy. This represents a deeper image by a factor of 4 to 8 than we will achieve over the entire 10,000 deg^2. We provide flux densities, source sizes, and spectral indices for the 425 sources detected in the image. We identify ~100$ new flat spectrum radio sources; we project that when completed PiGSS will identify 10^4 flat spectrum sources. We identify one source that is a possible transient radio source. This survey provides new limits on faint radio transients and variables with characteristic durations of months.Comment: Accepted for publication in ApJ; revision submitted with extraneous figure remove