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Article: 

Daniel R. Mandelker, Racial Discrimination and Exclusionary Zoning: A Perspective of Arlington Heights, 55 TEXAS L. REV. 1217 (1977). 

Whether the Constitution demands that racial segregation be eliminated in the nation’s metropolitan areas is one of the most troublesome issues facing the federal judiciary; nowhere is the problem presented with greater complexity than in cases concerning exclusionary zoning.  In this Article, Professor Mandelker examines the extent to which the fourteenth amendment’s prohibition of racial discrimination forbids exclusionary municipal zoning practices and the extent to which local governments should be required to administer their zoning to permit the construction of housing that serves racial minorities.  Madelker concludes that the federal courts should not expansively read the fourteenth amendment to require a wholesale judicial review of exclusionary zoning practices absent proof of discriminatory intent.  Congressional, rather than judicial, correction of racial segregative zoning is urged as a more attractive alternative in cases invulnerable to attack under the Arlington Heights racial motive intent doctrine.