Indiana Law Review Indiana Law Review SYMPOSIUM THE FAIR HOUSING ACT AFTER 40 YEARS: CONTINUING THE MISSION TO ELIMINATE HOUSING DISCRIMINATION AND SEGREGATION Living Together: Ending Racial Discrimination and Segregation in Housing Florence Wagman Roisman More Than a Dreamer: Remembering Dr. Martin Luther King, Jr. Monroe H. Little, Jr. The Fair Housing Act and Extralegal Terror Jeannine Bell Fair Housing and Community Development: Time to Come Together Elizabeth K. Julian Urban Neighborhood Regeneration and the Phases of Community Evolution After World War II in the United States James A. Kushner Reflections on the Past, Looking to the Future: The Fair Housing Act at 40 John a. powell Foreclosures, Integration, and the Future of the Fair Housing Act John P. Relman What Kinds of Neighborhoods Change Lives? The Chicago Gautreaux Housing Program and Recent Mobility Programs James E. Rosenbaum Stefanie DeLuca Non-Violent Direct Action and the Legislative Process: The Chicago Freedom Movement and the Federal Fair Housing Act Leonard S. Rubinowitz Kathryn Shelton Cox, Halprin, and Discriminatory Municipal Services Under the Fair Housing Act Robert G. Schwemm Limits on Housing and Neighborhood Choice: Discrimination and Segregation in U.S. Housing Markets Margery Austin Turner « INDIANA UNIVERSITYSCHOOL OF LAW-INDIANAPOLIS lUPUI Volume 41 No. 3 2008 BNA's Law School Program Multiple platforms, more choices —for staff and students. Delivery of timely information is one of the cornerstones of BNA's success. Now, BNA delivers services electronically, through IP authentication, to all law school faculty staff and their students. By subscribing to any of four law school-wide electronic packages or building your own custom package, you can give your students access to the same valuable information as practicing attorneys. They'll conduct research and follow changes in the law in the same way senior partners do. Your students will not only be prepared for internships and clerkships, they'll be better equipped for any job. To learn more about BNA's law school program, call BNA Customer Service at 800-572-3374 or visit us at www.bna.com/lawschool. Essential information. Expert analysis. )023S4 Indiana Law Review Volume 41 2007-2008 Editor-in-Chief Keith Berlin Executive Managing Editor Amanda Asbury Senior Executive Editor Scott Gotshall Symposium Editor Elizabeth Ellis Executive Notes Editor Kate Shelby Executive Articles Editors Oni Harton Christopher Koschnitzky Articles Editors Erin Casper Borissov Fred Cline Meredith Devlin Audra Ferguson-Allen Holly Handlin Kristin Lamb Holly Moore Marcus Selig Note Development Editors Rasha Alzahabi Christopher Eckhart Art Fisher Melissa Neely David Pryzbylski Christopher Pumell Daniel Robertson Valery Slosman Associate Editors Tony Gibbens Jacqueline Haydock Nathan Lundquist Michael Sowers Samuel Adams Kyle Baltes Corrie Bilke Eric Brauer J. Alex Bruggenschmidt Victoria Calhoon Michael Eddy Matt Ehinger Steven Frank Rozlyn Fulgoni-Britton Ashleigh Hall Members Ryan Hall Nicholas Heiny Jonathan Hughes Ashley Humphries Ellen Hurley Jeremiah Kline Erik Long Amanda Maxwell Andrew McCoy Trent Meltzer Jessica Mitchell Jessica Moland Paul Musser Michele Mynatt Kathryn Olivier Matt Phillips James Piatt Robert Sahr Annchyi Tan David Thompson Tabitha Truax-Haynes Eric Williams Jonathon Wright Editorial Specialist Chris Paynter Faculty Advisors Andrew R. Klein R. George Wright Indiana Law Review (ISSN 0090-4198) Published four times a year by Indiana University. Editorial and Business Offices are located at: Indiana Law Review Lawrence W. Inlow Hall 530 W. New York Street Indianapolis, IN 46202-3225 (317)274-4440 Subscriptions. Current subscription rates for an academic year are $30.00 (domestic mailing) and $35.00 (foreign mailing) for four issues. Unless the Business Office receives notice to the contrary, all subscriptions will be renewed automatically. Address changes must be received at least one monthprior to publication to ensureprompt delivery andmust include oldandnew address and the proper zip code. Single and Back Issues. Current single regular issues may be obtained from the Indiana Law Review Business Office for $10.00. Current Survey issues may be purchased for $20.00. The Symposium Issue may be purchased for $15.00. Please enclose payment with order. Claims for nonreceipt of current year's issues must be made within six months ofthe mailing date. Back issues may be ordered from: William S. Hein & Co., Inc., 1285 Main St., Buffalo, NY 14209-1987, (800) 828-7571, (716) 883-8100 fax, mail@wshein.com (e-mail for orders). Back issues are also available in an image-based format through HeinOnline, www.heinonline.org. Manuscripts. The Indiana Law Review invites submission of unsolicited manuscripts. All citations should conform to The Bluebook A Uniform System of Citation (18th ed. 2005). Manuscripts should be double-spaced with standard one-inch margins. The Indiana Law Review, as a matter of policy, promotes the use of gender-neutral language, and alternate use of the female or male pronoun is intended to refer to both female and male. Copyright: Copyright 2008. The Trustees of Indiana University. Except as may be expressly provided elsewhere in this publication, permission is hereby granted to produce and distribute copies of individual works from this publication for nonprofit education purposes, provided that copies are distributed at or below cost, and that the author, source, and copyright notice are included on each copy. This permission is in addition to rights of reproduction granted under Sections 107, 108, and other provisions of the U.S. Copyright Act. The INDIANA LAW REVIEW (ISSN 0090-4198) is the property of Indiana University and is published quarterly by the Indiana University School of Law—Indianapolis, which assumes complete editorial responsibility thereof Current subscription rates for an academic year are: one year domestic $30.00; foreign $35.00. Send all correspondence to Editorial Specialist, Indiana Law Review, Indiana University School of Law—Indianapolis, Lawrence W. Inlow Hall, 530 W. New York Street, Indianapolis, Indiana 46202-3225. Publication office: 530 W. New York Street, Indianapolis, Indiana 46202-3225. Periodicals postage paid at Indianapolis, Indiana 46201. POSTMASTER: Send address changes to INDIANA LAW REVIEW, Lawrence W. Inlow Hall, 530 W. New York Street, Indianapolis, Indiana 46202-3225. ® The entire text of this Law Review is printed on recycled paper. i/', ' ' I '! i' tl f, 'i liiuimuiiiuijijiji Name Address Please enter my subscription to the INDIANA LAWREVIEW Enclosed is $ for subscription(s) Mail to: ATTN: Editorial Specialist at INDIANA LAWREVIEW INDIANA UNIVERSITY SCHOOL OF LAW—INDIANAPOLIS Lawrence W. Inlow Hall 530 West New York Street Indianapolis, Indiana 46202-3225 For an academic year, the subscription rate for four issues is: Domestic, $30; Foreign, $35; Student, $20 Single Issue, $10; Survey Issue $20 Symposium Issue, $15 Indiana International & Comparative Law Review The Indiana International & Comparative Law Review, published by the Indiana University School of Law - Indianapolis since 1991, is a student-edited law journal that provides a forum for the discussion and analysis of contemporary issues in public and private international law. The Review publishes articles by prominent legal scholars, practitioners, and policy makers from around the world, as well as student-written notes and comments. The Review is published twice annually, with a periodic third issue devoted to a specific topic in international or comparative law. In 1994, in conjunction with the Italian Academy for Advanced Studies in America at Columbia University, the Review published a special issue on the political and social aspects of Italian law. In 1 996, the Review published an issue addressing various aspects of Chinese law. Name School/Firm/Business Address City, State, Zip Code Subscriptions within the U.S. are $18.00 per year and outside the U.S. are $21.00 per year. I enclose $ for subscription(s) to the Indiana International & Comparative Law Review. Please make your check payable to Indiana International & Comparative Law Review. Mail to: Executive Production Editor Indiana International & Comparative Law Review Lawrence W. Inlow Hall 530 West New York Street Indianapolis, Indiana 46202 In 2003, Indiana University School of Law - Indianapolis established a specialty law review focused specifically on health care law and policy: NDIANAHEALTH LAW REVIEW The scope of the Indiana Health Law Review includes bioethics, malpractice liability, managed care, anti-trust, health care organizations, medical-legal research, legal medicine, food and drug, and other current health-related topics. Detach and mail this subscription form today to receive future issues Subscription Price: $20.00 Two (2) Issues Automatic Renewal Foreign Mailing Is Extra Mail form to: Indiana Health Law Review Indiana University School of Law - Indianapolis Attn: Executive Business Editor Lawrence W. Inlow Hall, Room 136C 530 W. New York Street Indianapolis, IN 46202-3225 Questions? Email: ihlr@iupui.edu Phone:(317)278-9519 www.indylaw.indiana.eduHhIr IVIailing Address: Name/Title Company/School Address City State ZIP. Email Payment IVIethod: D Enclosed (Make Check Payable to Indiana Health Law Review) D Bill Me Later Digitized by the Internet Archive in 2011 with funding from LYRASIS IVIembers and Sloan Foundation http://www.archive.org/details/indianalawreview41308unse Indiana University School of Law—Indianapolis 2007-2008 ADMINISTRATIVE OFFICERS AND FACULTY Administrative Officers Michael A. McRobbie, President of the University. Ph.D., Australian National University. Charles R. Bantz, Chancellor, Indiana University-Purdue University—Indianapolis. B.A., M.A., University of Minnesota; Ph.D., The Ohio State University. Gary R. Roberts, Dean and Gerald L. Bepko Professor of Law. B.A., Bradley University; J.D., Stanford University. PaulN. Cox, Vice Dean and Centennial Professor ofLaw. B.S., Utah State University; J.D., University of Utah; LL.M., University of Virginia. Angela M. Espada, Associate Dean for Student Services. B.A., Indiana Central University; M.A., Indiana University; J.D., Indiana University School of Law—Bloomington. iO^^AKANEMACT>0\JGALL,AssistantDeanforInstitutionalAdvancement. B.S., M.A., Indiana University; J.D., Indiana University School of Law—Indianapolis. Claire Grove, Assistant Dean for Graduate Studies. B.A., Indiana University; J.D., Indiana University School of Law—Indianapolis. Teresa (Terri) J. Cuellar, Director of Technology Services. B.S., St. Bonaventure University, New York. Elizabeth At J ,TNGT0N, Director ofExternal Affairs. B.A., Indiana University; M.A., M. Phil., New York University. Joyce M. Hertko, Director of Major Gifts. B.A., Knox College; M.S., Western Illinois University; Ph.D., Indiana University. Patricia Kimberly Kinney, Director ofAdmissions. B.S., Purdue University; J.D., Indiana University School of Law—Indianapolis. Amanda Kamman, Director ofDevelopment. B.A., Indiana University. VIRGINL\ Marschand, Director ofAdministrative and Fiscal Affairs. B.A., M.P.A., Indiana University; J.D., Indiana University School of Law—Indianapolis. Heather McCabe, Director, Public Health Law Program, William S. and Christine S. Hall Center for Law and Health. B.A., M.S.W., Indiana University; J.D., Indiana University School of Law—Indianapolis. Chastity Thompson, Director of Professional Development. A.S., B.A., Alabama State University; M.B.A., Auburn University; J.D., Indiana University School of Law — Indianapolis. LaWandaW. Ward, Director ofPro Bono Program and Public Interest. B.A., Murray State University; M.A., Illinois State University; M.S., Old Dominion University; J.D., Indiana University School of Law—Indianapolis. Faculty Cynthia M. Adams, Clinical Associate Professor ofLaw. B.A., Kentucky Wesleyan College; J.D., Indiana University School of Law—Indianapolis. Judith Ford Anspach, Professor ofLaw and Director, Ruth Lilly Law Library. B.S., M.L.S., Kent State University; J.D., Mississippi College School of Law. CynthiaBAKER, Clinical Associate Professor ofLaw and Director, Program on Lawand State Government. B.A., J.D., Valparaiso University. Gerald L. Bepko, //id'iVzna University-Purdue University—Indianapolis Chancellor Emeritus, Indiana University Trustee Professor and Professor ofLaw. B.S., Northern Illinois University; J.D., ITT/Chicago-Kent College of Law; LL.M., Yale Law School. Karen E. Bravo, Assistant Professor Law. B.A., The University of the West Indies; J.D., Columbia University School of Law; LL.M., New York University School of Law. Robert Brookins, Professor ofLaw. B.S., University of South Florida; J.D., Ph.D., Cornell University. Kenneth D. Chester, Clinical Associate Professor of Law. B.A., Pennsylvania State University; J.D., University of Pittsburgh School of Law. Daniel H. Cole, R. Bruce Townsend Professor of Law. A.B., Occidental College; A.M., University of Chicago; J.D., Lewis and Clark Law School; J.S.M., J.S.D., Stanford Law School. Jeffrey O. Coo?EK, Associate Professor ofLaw. A.B., Harvard University; J.D., University of Pennsylvania Law School. PaulN. Cox, Vice Dean and Centennial Professor ofLaw. B.S., Utah State University; J.D., University of Utah College of Law; LL.M., University of Virginia School of Law. EricDannenmaier, Associate Professor ofLaw.B.A.,DmryCo\\egQ-,].D.,Bostonl]niveTsity', LL.M., Columbia University; M. St., Oxford University (cand.). James D. Dimitri, Clinical Associate Professor of Law. B.S., Indiana University; J.D., Valparaiso University School of Law. Jennifer Ann Drobac, Professor of Law. B.A., M.A., Stanford University; J.D., J.S.D., Stanford Law School. George E. Edwards, Carl M. Gray Professor ofLaw and Director, Program in International Human Rights Law. B.A., North Carolina State University; J.D., Harvard Law School. Frank Emmert, John S. Grimes Professor of Law and Executive Director, Center for International and Comparative Law. Erstes Juristisches Staatsexamen (J.D.), University of Munich Law School; LL.M., The University of Michigan Law School; Ph.D., University of Maastricht; Diploma, European University Institute. Nicholas Georgakopoulos, HaroldR. Woodard Professor ofLaw. Ptyhion Nomikis, Athens University School of Law; LL.M., S.J.D., Harvard Law School. Frances Watson Hardy, Clinical Associate Professor ofLaw. B.S., Ball State University; J.D., Indiana University School of Law—Indianapolis. John Lawrence Hill, Professor of Law. B.A., Northern Illinois University; J.D., Ph.D., Georgetown University. Linda Kelly Hill, M. Dale Palmer Professor ofLaw. B.A., J.D., University of Virginia. Lawrence A. Jegen, III, Thomas F. Sheehan Professor of Tax Law and Policy. A.B., Beloit College; J.D., M.B.A., The University of Michigan; LL.M., New York University School of Law. Henry C. Karlson, Professor of Law. A.B., J.D., LL.M., University of Illinois College of Law. Robert A. Katz, Professor ofLaw. A.B., Harvard College; J.D., University of Chicago Law School. Eleanor D. Kinney, Hall Render Professor of Law, Co-Director of the William S. and Christine S. Hall Centerfor Law andHealth and Executive Director, Latin American Law Program. B.A., Duke University; M.A., University of Chicago; J.D., Duke University School of Law; M.P.H., University of North Carolina. Andrew R. Klein, Paul E. Beam Professor of Law. B.A., University of Wisconsin; J.D., Emory University School of Law. Robert E. Lancaster, Clinical Professor ofLaw, Director, Chinese Law Summer Program. B.A., Millsaps College; J.D., Tulane Law School. Norman Lefstein, Professor ofLaw andDean Emeritus. LL.B., University of Illinois College of Law; LL.M., Georgetown University Law School. MariaPabonLopez, Associate ProfessorofLaw andDirector, Latin American Law Program. B.A., Princeton University; J.D., University of Pennsylvania Law School. Gerard N. Magliocca, Professor ofLaw. B.A., Stanford University; J.D., Yale Law School. Allison Martin, Clinical Associate Professor Law. B.S., J.D., University of Illinois. Deborah McGregor, Clinical Associate Professor ofLaw and Assistant Director of Legal Analysis, Research and Communication. B.A., University of Evansville; J.D., Georgetown University Law School. SUSANAH M. Mead, Professor ofLaw. B.A., Smith College; J.D., Indiana University School of Law—Indianapolis. Mary H. Mitchell, Alan H. Cohen Professor ofLaw. A.B., Butler University; J.D., Cornell Law School. Novella Nedeff, Clinical Associate Professor ofLaw. B.A., J.D., Indiana University. James P. Nehf, Cleon H Foust Fellow and Professor of Law. B.A., Knox College; J.D., University of North Carolina Law School. David Orentlicher, Samuel R. Rosen Professor ofLaw and Co-Director of the William S. and Christine S. Hall Centerfor Law and Health. A.B., Brandeis University; J.D., M.D., Harvard College. Joanne Orr, Clinical Professor of Law. B.S., Indiana State University; J.D., California Western School of Law. Antony Page, Associate Professor of Law. B. Comm., McGill University; M.B.A., Simon Eraser University; J.D., Stanford Law School. H. Kathleen Patchel, Associate Professor of Law. A.B., Huntington College; J.D., University of North Carolina Law School; LL.M., Yale Law School. Michael J. Pitts, Associate Professor of Law. B.S.J., Northwestern University; J.D., Georgetown University Law Center. Florence Wagman Roisman, William F. Harvey Professor of Law. B.A., University of Connecticut; LL.B., Harvard Law School. Joan M. Ruhtenberg, Clinical Professor ofLaw and Director of Legal Analysis, Research and Communication. B.A., Mississippi University for Women; J.D., Indiana University School of Law—Indianapolis. JoelM. Schumm, Clinical Associate Professor ofLaw. B.A., Ohio Wesleyan University; M.A., University of Cincinnati; J.D., Indiana University School of Law—Indianapolis. Lawrence P. Wilkins, William R. Neale Professor ofLaw. B.A., The Ohio State University; J.D., Capital University Law School; LL.M., University of Texas School of Law. Lloyd T. Wilson, Jr., Associate Professor of Law and Director, Central and Eastern European Law Program. B.A., Wabash College; M.A., Duke University; J.D., Indiana University School of Law—Bloomington. Mary T. Wolf, Clinical Professor of Law and Director of Clinical Programs. B.A., Saint Xavier College; J.D., University of Iowa College of Law. R. George Wright, Lawrence A. Jegen in Professor of Law. A.B., University of Virginia; Ph.D., Indiana University; J.D., Indiana University School of Law—Indianapolis. Emeriti Faculty Thomas B. Allington, Professor ofLaw Emeritus. B.S., J.D., University ofNebraska; LL.M., New York University School of Law. Edward P. Archer, Professor ofLaw Emeritus. B.M.E., Renesselaer Polytechnic Institute; J.D., LL.M., Georgetown University Law School. James F. Bailey, III, Professor of Law Emeritus. A.B., J.D., M.A.L.S., The University of Michigan. Agnes P. Barrett, Associate Professor ofLaw Emerita. B.S., J.D., Indiana University. Clyde Harrison Crockett, Professor of Law Emeritus. A.B., J.D., University of Texas; LL.M., University of London (The London School of Economics and Political Science). Debra A. Falender, Professor ofLaw Emerita. A.B., Mount Holyoke College; J.D., Indiana University School of Law—Indianapolis. David A. Funk, Professor of Law Emeritus. A.B., College of Wooster; J.D., Case Western Reserve University School of Law; M.A., The Ohio State University; LL.M., Case Western Reserve University; LL.M., Columbia Law School. Paul J. Galanti, Professor of Law Emeritus. A.B., Bowdoin College; J.D., University of Chicago Law School. Helen P. Garfield, Professor of Law Emerita. B.S.J., Northwestern University; J.D., University of Colorado School of Law. Harold Greenberg, Professor ofLaw Emeritus. A.B., Temple University; J.D., University of Pennsylvania Law School. Jeffrey W. Grove, Professor of Law Emeritus. A.B., Juniata College; J.D., George Washington University Law School. William F. Harvey, Carl M. Gray Professor ofLaw & Advocacy Emeritus. A.B., University of Missouri; J.D., LL.M., Georgetown University Law School. W. WnjJAM HODES, Professor of Law Emeritus, A.B., Harvard College; J.D., Rutgers University School of Law—Newark. William Andrew Kerr, Professor of Law Emeritus. A.B., West University; B.S., Duke University; J.D., LL.M., Harvard Law School. William E. Marsh, Professor ofLaw Emeritus. B.S., J.D., University of Nebraska. Ronald W. Polston, Professor of Law Emeritus. B.S., Eastern Illinois University; LL.B., University of Illinois College of Law. Kenneth M. Stroud, Professor of Law Emeritus. A.B., J.D., Indiana University — Bloomington. James W. Torke, Carl M. Gray Professor of Law Emeritus. B.S., J.D., University of Wisconsin. James Patrick White, Professor of Law Emeritus. A.B., University of Iowa; J.D., LL.M., George Washington University Law School. Law Library Faculty Judith Ford Anspach, Professor ofLaw and Director, Ruth Lilly Law Library. B.S., M.L.S., Kent State University; J.D., Mississippi College School of Law. Debra Denslaw, Reference Librarian. B.A., Franklin College; M.S., University of Illinois, Urbana-Champaign; J.D., Valparaiso School of Law. Richard Humphrey, Reference Librarian. A.A., Brewton-Parker Junior College; B.A., Georgia Southwestern College; M.L.S., University of Kentucky. Wendell E. Johnting, Assistant Director for Technical Services. A.B., Taylor University; M.L.S., Indiana University. Chris E.Long, Catalog Librarian. B.A., Indiana University; M.A., Indiana University; M.L.S., Indiana University. Steven R. Miller, Reference Librarian. B.S., Lebanon Valley College ofPennsylvania; M.A., Dominican University; M.S., Northwestern University; J.D., The John Marshall Law School. MahnazK. Mos\{FEG\{,Acquisition/Serials Librarian. B.A., National University ofIran; M.S., Tehran University; M.A., Ball State University; M.L.S., Ph.D., Indiana University. Mirl\M a. Murphy, Associate DirectorofLaw Library. B.A., Purdue University; J.D., M.L.S., Indiana University—Bloomington. ¥JS:osmOTS\}, Automated and Media Services Librarian. A.A., Parkland College; A.B., M.S., C.A.S., University of Illinois. Indiana Law Review Volume 41 2008 Number 3 Copyright © 2008 by the Trustees of Indiana University TABLE OF CONTENTS SYMPOSIUM THE FAIR HOUSING ACT AFTER 40 YEARS: CONTINUING THE MISSION TO ELIMINATE HOUSING DISCRIMINATION AND SEGREGATION Living Together: Ending Racial Discrimination and Segregation in Housing Florence Wagman Roisman 507 More Than a Dreamer: Remembering Dr. Martin Luther King, Jr Monroe H. Little, Jr. 523 The Fair Housing Act and Extralegal Terror Jeannine Bell 537 Fair Housing and Community Development: Time to Come Together Elizabeth K. Julian 555 Urban Neighborhood Regeneration and the Phases of Community Evolution After World War II in the United States James A. Kushner 575 Reflections on the Past, Looking to the Future: The Fair Housing Act at 40 John a. powell 605 Foreclosures, Integration, and the Future of the Fair Housing Act John P. Relman 629 What Kinds of Neighborhoods Change Lives? The Chicago Gautreaux Housing Program and Recent Mobility Programs James E. Rosenbaum 653 Stefanie DeLuca Non-Violent Direct Action and the Legislative Process: The Chicago Freedom Movement and the Federal Fair Housing Act Leonards. Rubinowitz 663 Kathryn Shelton Cox, Halprin, and Discriminatory Municipal Services Under the Fair Housing Act Robert G. Schwemm 717 Limits on Housing and Neighborhood Choice: Discrimination and Segregation in U.S. Housing Markets Margery Austin Turner 797 Volume 41 Number 3