Housing Discrimination Power Point Slides Class 14 31721

Housing Discrimination Power Point Slides Class #14 (3/17/21) St. Patrick’s Day National Corned Beef & Cabbage Day

Asynch Video 14 A: March 1 -14, 1968 (General) Births: Daniel Craig, Moira Kelly, Jeff Kent, Lisa Loeb 3/1 Singers Johnny Cash (36) and June Carter (38) marry 3/1 • NBC's unprecedented on-air announcement: [Original] Star Trek will return for another season • The following week, the last episodes of Batman, The Lucy Show, Lost in Space aired 3/11: President Johnson mandates that all computers purchased by the federal government support the ASCII character encoding.

AV 14 A: March 1 -14, 1968: Music Sat 3 -1 & Sat 3 -8 : Billboard Charts Country Tammy Wynette, Take Me to Your World Sonny James, A World of Our Own • Pop: Paul Mauriat, Love is Blue Otis Redding, Sitting on the Dock of the Bay R&B: The Impressions, We’re a Winner Otis Redding, Sitting on the Dock of the Bay Redding had been killed in a plane crash in December, just 3 days after he recorded the song. He posthumously received the gold record for "Dock of the Bay“ on 3/11.

AV 14 A: March 1 -14, 1968: Presidential Election

AV 14 A: March 12, 1968: New Hampshire Primary Republicans: 78% for Nixon; 11% write-in for Rockefeller Democrats: Johnson 48% v. Mc. Carthy 42% BUT • Margin was just 230 votes (NH = small mostly Republican state) • Delegates: Mc. Carthy 20, Johnson 4 • Suggested Johnson’s re-election was in serious jeopardy

AV 14 A: March 1 -14, 1968: Race & Civil Rights [Last Time: Kerner Report Issued 2/29] Comm’n • 3/8: Life Cover: The Negro & the Cities: The Cry That Will Be Heard • 3/11: Senate passes FHA; Goes to the House of Reps

AV 14 A: March 1 -14, 1968: Race & Civil Rights Meanwhile, FBI Director J. Edgar Hoover, in an internal memo on March 4, outlined a counterintelligence program expanding from 23 41 field offices. Long term goals included: (1) Prevent the "coalition of militant black nationalist groups, " which might be the first step toward a real "Mau Mau" in US. (2) Prevent the rise of a "messiah" who could "unify, and electrify, " the movement; (3) prevent violence on the part of black nationalist groups, by pinpointing "potential troublemakers" and neutralizing them

Class #14: In-Class Outline 1. Logistics 2. Exam Question II & Review Problem 2 B 3. Canons of Construction, Blatt Excerpt & Canons Exercise (B)

Class #14 Logistics: No Synch Meeting Friday 2 KEY AREAS OF FOCUS FOR PREP FOR NEXT WEEK 1. More on Evidence of Int’l Discrimination (Private Defendants) Might want to review slides/notes for Sorenson & Marable Watch AVs on Mc. Donnell-Douglas Burden Shift & Asbury (my 1 st priority tomorrow afternoon) Allows prep on Frazier & Pinchback for Wed 2. History (Get Caught Up) By Fri @ 4 pm I’ll post AVs on transition (WWII-1988) & March 15 -28 History in class during 3 classes starting next Wed (end of March mid-April) b/c critical to course

Class #14 Logistics • 2 d Scheduling Request Form Due at Break • Feedback on Canons (A) & 1 st Sample Exam Q • LAST WEEK

Class #14: In-Class Outline 1. Logistics 2. Exam Question II & Review Problem 2 B 3. Canons of Construction, Blatt Excerpt & Canons Exercise (B)

Qs on Exam Question II & AV 10 A? Generally: Qs on Task & Approach? Drafting Materials • Open Book Exam KEY is RECOGNITION rather than Memory • Keep going thru materials w problems so you recognize issues • Ask Qs as they Arise Qs on Technical Critique & Drafting Materials?

Review Problem 2 B: New § 3604(g) (1) As used in this section, the lists of protected classes other than in subsection (f) shall be read inclusively instead of exclusively, barring all arbitrary discrimination. (2) Arbitrary discrimination includes the use of blanket stereotypes and relying on broad or statistical generalizations, but not a person’s relevant improper conduct. (3) Economic characteristics are not intended to be considered as forms of arbitrary discrimination under the meaning of this subsection.

Review Problem 2 B: New § 3604(g) Possible Technical Changes (from Last Class) As used in this section, the lists of protected classes other than in subsection (f) shall be read inclusively instead of exclusively, barring all arbitrary discrimination. (1) Arbitrary discrimination includes the use of blanket stereotypes and relying on broad or statistical generalizations, but not a person’s relevant improper conduct. (2) Economic characteristics are not intended to be considered as forms of arbitrary discrimination under the meaning of this subsection.

Review Problem 2 B: New § 3604(g) Technical Critique: Additional Problems/Suggestions? As used in this section, the lists of protected classes other than in subsection (f) shall be read inclusively instead of exclusively, barring all arbitrary discrimination. (1) Arbitrary discrimination includes the use of blanket stereotypes and relying on broad or statistical generalizations, but not (2) [Arbitrary discrimination does not include the use of] a person’s relevant improper conduct or economic characteristics.

Review Problem 2 B: New § 3604(g) Substantive Critique? A Few Arguments (Cal v. US Matter? ) As used in this section, the lists of protected classes other than in subsection (f) shall be read inclusively instead of exclusively, barring all arbitrary discrimination. (1) Arbitrary discrimination includes the use of blanket stereotypes and relying on broad or statistical generalizations, but not (2) [Arbitrary discrimination does not include the use of] a person’s relevant improper conduct or economic characteristics. • • • Housing Policy Administrative Costs/Judicial Efficiency Political Costs & Benefits

Class #14: In-Class Outline 1. 2. Logistics Exam Question II & Review Problem 2 B 3. Canons of Construction, Blatt Excerpt & Canons Exercise (B)

Canons & Blatt: Recap & Elaboration 1. Contradictions [Blatt n. 335 @ 97] See [Karl N. Llewellyn, Remarks on the Theory of Appellate Decision and the Rules or Canons About How Statutes Are to Be Construed, 3 VAND. L. REV. 395, 404 (1950)] (“Words are to be taken in their ordinary meaning unless they are technical terms or words of art, ” but “[p]opular words may bear a technical meaning and technical words may have a popular signification. ”).

Canons & Blatt: Recap & Elaboration 1. Contradictions • Words are to be taken in their ordinary meaning unless they are technical terms or words of art, • Popular words may bear a technical meaning and technical words may have a popular signification. • (4) “[When] Congress borrows terms of art in which are accumulated the legal tradition and meaning of centuries of practice, it presumably knows and adopts the cluster of ideas that were attached to each borrowed word in the body of learning from which it was taken and the meaning its use will convey to the judicial mind unless otherwise instructed. ” [Edmonds dissent notes; says not applicable]

Canons & Blatt: Recap & Elaboration 1. Contradictions • Words are to be taken in their ordinary meaning unless they are technical terms or words of art, • Popular words may bear a technical meaning and technical words may have a popular signification. • When Congress adopts technical terms or legal terms of art, courts presume that it intended to apply the technical meaning unless otherwise instructed. [Try to simplify wording when using]

Canons & Blatt: Recap & Elaboration 2. Basic Blatt & Canons • • • Three Communities, Three Approaches Apparent contradictions arise b/c different tools for different jobs Note that a few canons might be consistent w more than one community.

Canons & Blatt: Recap & Elaboration 2. Basic Blatt & Canons: (a) Policy Community Less of the Moment of Enactment b/c Part of Ongoing Discussion (4) When Congress adopts technical terms or legal terms of art, courts presume that it intended to apply the technical meaning unless otherwise instructed. (2) Absent a plain statement of Congressional intent, courts will not attribute to Congress an intent to interfere with fundamental state decisions that go beyond areas traditionally regulated by the state and implicate the state’s sovereignty. (Describing Ashcroft) (Note Dissent reads case differently]

Canons & Blatt: Recap & Elaboration 2. Basic Blatt & Canons: (b) Political Community • Give force to the “deal” • More focus on text & ordinary meaning • More focus on moment of enactment

Canons & Blatt: Recap & Elaboration 2. Basic Blatt & Canons: [c] Public Community Note he sees public as last option Do narrow readings based at heart on fear (must stop x) v. broad if based in protection; He acknowledges sometimes unclear