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Judging Remedies: Judicial Approaches to Housing Segregation, 37 Harvard Civil Rights-Civil Liberties Law Review 289 (2002)


Using the law to promote diversity in residential communities is probably more difficult than promoting it in any other public policy domain. Many reasons for this difficulty arise from the distinctive nature of housing markets, which in turn reflects the unique ethos that surrounds housing in American culture. Other problems are endemic to public law generally. In this Article, I discuss how the law has defined and handled the goal of residential diversity, a project in which the courts have taken a remarkable degree of policy initiative, rather than simply react to or implement policies developed by politicians and bureaucrats.

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