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Tierra Y LibertadLand, Liberty, and Latino Housing$
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Steven W. Bender

Print publication date: 2010

Print ISBN-13: 9780814791257

Published to University Press Scholarship Online: May 2016

DOI: 10.18574/nyu/9780814791257.001.0001

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date: 30 May 2020

(p.85) 8 Exclusion by Private Law

(p.85) 8 Exclusion by Private Law

Restrictive Covenants

Chapter:
(p.85) 8 Exclusion by Private Law
Source:
Tierra Y Libertad
Author(s):

Steven W. Bender

Publisher:
NYU Press
DOI:10.18574/nyu/9780814791257.003.0009

This chapter confronts the history of private means to exclude Latino/as and other unwelcome groups from residential neighborhoods by use of restrictive covenants among homeowners, as well as covert techniques routinely employed to accomplish the same result after the Supreme Court invalidated racially discriminatory contracts as unconstitutional in a landmark case in 1948. Restrictive covenants were just one form of segregation employed against Mexican Americans and other Latino/as in the Southwest, mirroring similar practices against African Americans and other groups. The law of public and private nuisance has also been invoked to regulate different cultural and class lifestyles.

Keywords:   Latino/as, segregation, restrictive covenants, nuisance

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