Stanford Law's Daniel Ho and computer science/law student Mirac Suzgun discuss the enduring impact of racially restrictive covenants in real estate with host Rich Ford. Though unenforceable since 1948, these clauses are a lingering reminder of housing segregation and racism in the United States, as Professor Ho's own experience of discovering a covenant barring Asians from purchasing his home highlights. The conversation also looks at legislative efforts to remove the covenants and an innovative AI tool developed by Stanford's RegLab that helps counties identify and redact these covenants, streamlining the process while preserving the historical record.

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Episode Transcripts >>> Stanford Legal Podcast Website
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Stanford Lawyer Magazine >>> Twitter/X

Links:

Dan Ho >>> Stanford Law School Page
Stanford’s RegLab >>> Stanford Page

(00:00:00) Chapter 1: Introduction to Racial Covenants and AB 1466
Host Rich Ford introduces the episode, guests Professor Dan Ho and SLS student Mirac Suzgun, and the topic of racial covenants in real estate. They discuss the persistence of racially restrictive covenants, despite being declared unenforceable by the Supreme Court in Shelley v. Kramer (1948), and highlight California’s AB 1466 law, which aims to address the issue.

(00:04:00) Chapter 2: The Role of AI in Redacting Racial Covenants
Dan Ho explains how Santa Clara County faced the challenge of identifying and redacting racial covenants from millions of historical deed records. The conversation shifts to the AI tool developed by Stanford’s RegLab, which automates the identification of racially discriminatory language in property documents. Mirac Suzgun elaborates on the stages of the AI tool, including OCR and machine learning, to help counties meet their legal obligations.

(00:10:01) Chapter 3: Historical Context and Persistence of Racial Covenants
Rich Ford and Dan Ho delve into the history of racial covenants, explaining their rise after the Buchanan decision (1917) and their persistence even after the Shelley v. Kramer ruling. They discuss how these covenants, though unenforceable, served as a community signaling function, reinforcing housing segregation for decades.

(00:16:13) Chapter 4: The Legacy of Racial Covenants

Rich Ford and Mirac Suzgun discuss the evolution of state-sponsored race segregation and the role of private covenants in perpetuating housing discrimination. They emphasize how these covenants, often embedded in property deeds, remain binding on homeowners, illustrating the historical entrenchment of racial segregation in real estate.

(00:18:48) Chapter 5: Uncovering Historical Data and Responsibility

Dan Ho shares findings from a study revealing the prevalence of racial covenants in Santa Clara County. The discussion highlights the significant responsibility of a small number of developers in enforcing these covenants, contrasting this with the example of Joseph Eichler, who resisted such practices and promoted housing reform.

(00:23:11) Chapter 6: Utilizing Technology for Social Justice

The conversation shifts to the innovative tools developed to identify and address racial covenants in property records. The hosts explore the implications of these discoveries for understanding historical injustices and the importance of retaining historical records while advocating for modern social justice initiatives, plus closing remarks.

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