CONTRACT BUYERS LEAGUE AND THE COURTS - A CASE STUDY OF POVERTY LITIGATION

• NCJ Number: 57301
• Journal: Law and Society Review Volume: 9 Issue: 2 Dated: (WINTER 1975) Pages: 165-195
• Author(s): J M FITZGERALD
• Date Published: 1975
• Length: 31 pages
• Sponsoring Agency: Russell Sage Foundation
• Corporate Author: Law and Society Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

OBSERVATIONS ARE PRESENTED FROM A PARTICIPANT OBSERVATION STUDY OF THE DYNAMICS OF LITIGATION INVOLVED IN BLACKS' PURCHASING HOUSES AT INFLATED PRICES FROM REAL ESTATE SPECULATORS IN CHICAGO.

Abstract

THE LITIGATION EXAMINED HERE RESULTED FROM REAL ESTATE SPECULATORS CONVINCING WHITE HOME OWNERS THAT LARGE NUMBERS OF BLACKS WERE ABOUT TO MOVE INTO THEIR NEIGHBORHOOD, SO THAT THE WHITE OWNERS WERE WILLING TO SELL THEIR HOMES TO THE SPECULATORS AT A PRICE LOWER THAN ACTUAL MARKET VALUE. THE SPECULATORS THEN SOLD THE HOUSING TO BLACK FAMILIES AT A SIZABLE PROFIT. THE PURCHASE CONTRACT PROVIDED THAT MONTHLY PAYMENTS BE MADE WITHOUT BUILDING EQUITY, WITH DEFAULT OF PAYMENT RESULTING IN EVICTION. THE BUYERS EVENTUALLY ORGANIZED INTO THE CONTRACT BUYERS LEAGUE (CBL) AND REFUSED TO MAKE MONTHLY PAYMENTS. LITIGATION OCCURED UNDER THE ILLINOIS EVICTION LAW AND A SUBSEQUENT CIVIL RIGHTS LITIGATION. OBSERVATIONS MADE REGARDING THE INTERACTION OF LAWYERS AND JUDGES IN THE COURT FACTORS, AFFECTING JUDICIAL DECISIONS, AND THE RESULTS OF LEGAL STRATEGIES ADOPTED UNDER VARIOUS CIRCUMSTANCES ARE REPORTED. THE STUDY DID NOT AIM TO TEST ANY HYPOTHESIS. RATHER IT WAS INTENDED TO DEVELOP EMPIRICALLY GROUNDED THEORETICAL PROPOSITIONS. CONSIDERED RELEVANT WERE SUCH FACTORS AS THE SUBJECT MATTER OF DISPUTES, THEIR MONETARY AND OTHER VALUES, THE WEALTH AND POWER OF RESPECTIVE DISPUTANTS, DURATION OF DISPUTES IN AND OUT OF COURTS, METHODS EMPLOYED BY DISPUTANTS IN AND OUT OF COURTS, AND THE RHETORICAL USES MADE OF VARIOUS LAWS. STYLES OF LITIGATION AND REPRESENTATION ARE EXAMINED UNDER THE CATEGORIES OF 'ROUTINE LEGAL REPRESENTATION' (APPROACHING THE ISSUE OF CONTENTION UNDER THE ASSUMPTION THAT CUSTOMARY INTERPRETATIONS OF THE LAW AT ISSUE WILL BE APPLIED), AND 'INNOVATIVE LEGAL REPRESENTATION' (CHALLENGING TRADITIONAL INTERPRETATIONS OF A GIVEN LAW, USING PREVIOUSLY UNAPPLIED LEGAL PRECEDENTS TO ESTABLISH NEW INTERPRETATIONS). THE USE OF THESE STRATEGIES OF LITIGATION ARE EXAMINED FROM THE PERSPECTIVE OF INDIVIDUAL AND ORGANIZED GROUP LITIGATION. REFERENCES ARE PROVIDED. (RCB)