| Author | Title | Citation | Summary | Year |
| Rubin Danberg Biggs, Patrick Holland |
FAMILIAL-STATUS DISCRIMINATION: A NEW FRONTIER IN FAIR HOUSING ACT LITIGATION |
132 Yale Law Journal 792 (January, 2023) |
A key provision in the Fair Housing Act (FHA)--the Housing for Older Persons Act (HOPA) exemption--has allowed municipalities to weaponize senior housing to discriminate against families, obstruct affordable housing, and perpetuate race and class segregation. This Note documents the nature, stakes, and origins of this pattern and advances three... |
2023 |
| Michael Allan Wolf |
FEVER CHECK: A STATUS REPORT ON JUDICIAL TREATMENT OF COVID-19-RELATED REAL PROPERTY ISSUES |
58 Real Property, Trust and Estate Law Journal 47 (Spring, 2023) |
Author's Synopsis: It was inevitable that residential landlords would challenge the foreclosure moratoria featured in state and federal COVID-19 emergency orders, regulations, and legislation. At the same time, commercial landlords and tenants are wrestling in court over the question of whether the pandemic and restrictions that governments imposed... |
2023 |
| Ariel Roddy, PhD , Kaelyn Sanders , Christian Sarver, PhD , Emily Salisbury, PhD |
FINANCIAL MARGINALIZATION, HOUSING ACCESS, TRANSPORTATION, AND EMPLOYMENT: INTERSECTIONAL CONSIDERATIONS IN WOMEN'S REENTRY |
32-SUM Kansas Journal of Law & Public Policy 55 (Summer, 2023) |
The U.S. carceral system has a vast scope that includes close to two million individuals incarcerated in state, local, and federal facilities, as well as immigration detention centers, juvenile facilities, and other carceral institutions. Additionally, three million people are under probation or parole supervision. In particular, women's system... |
2023 |
| Claire Johnson Raba |
FORFEITING DUE PROCESS: HOW ADJUDICATIVE REFORM FAILS PROPERTY OWNERS |
51 Fordham Urban Law Journal 299 (November, 2023) |
Introduction. 300 A. Methodology. 304 I. Background. 307 A. Civil Asset Forfeiture, A Primer. 307 B. Challenging the Constitutionality of Civil Asset Forfeiture. 312 1. Federal Asset Forfeiture. 312 2. State Forfeiture Statutes. 315 3. Takings Clause. 316 4. Timbs v. Indiana and the Excessive Fines Evaluation. 318 5. Procedural Due Process. 320 II.... |
2023 |
| Gary Rhoades |
FREEDOM OF CHOICE FOR LOW-INCOME RENTERS STILL ELUSIVE AS STATES AND CITIES SCRAMBLE TO CONFRONT HOUSING VOUCHER DISCRIMINATION |
48 Human Rights 16 (2023) |
The Civil Rights Act of 1968, also known as the Fair Housing Act (FHA), will be 55 years old in April 2023. While enforcement of the FHA and many state and local fair housing laws have made inroads on housing discrimination over the last five decades, those laws' promise of freedom to choose our homes and neighborhoods--regardless of our race,... |
2023 |
| Skylar Steel |
FROM DOGHOUSE TO THE DOG'S HOUSE: HOW AMERICAN TRUST LAW IS DEFYING ANIMALS' PROPERTY STATUS |
19 Animal & Natural Resource Law Review 187 (June, 2023) |
American society has evolved its mindset in the way that people think and care about animals. The most significant change is seen with the animals that Americans have opened their homes to. The increased love and care given to these animals has led people to call themselves pet parents and their furry companions, children. This is further... |
2023 |
| Amnon Lehavi |
FROM GLOBAL DATABASES TO GLOBAL NORMS? THE CASE OF CULTURAL PROPERTY LAW |
44 University of Pennsylvania Journal of International Law 359 (Winter, 2023) |
This Article identifies the key role that digital databases with global access can play in bridging over significant disparities between national legal systems. Such global databases can be utilized for the resolution of cross-border disputes that involve case-specific challenges of fact-finding, as well as for the interpretation of legal terms... |
2023 |
| Emily R. Casey |
GOING THE EXTRA MILE: EXPANDING THE PROMOTING AFFORDABLE HOUSING NEAR TRANSIT ACT |
57 University of Richmond Law Review 1369 (Spring, 2023) |
C1-2Table of Contents Introduction. 1370 I. History of The Urban/Suburban Divide. 1371 II. Promoting Affordable Housing Near Transit Act: How It Works. 1377 III. Closing the Divide. 1379 A. Models for Success. 1379 1. Denver. 1380 2. Portland. 1384 B. Going the Extra Mile: Expanding the Promoting Affordable Housing Near Transit Act. 1388 C.... |
2023 |
| Beth Brodsky |
HOUSING HIPSTERS: ADAPTING THE SPIRIT OF HIPSTER ANTITRUST TO ADDRESS WEALTH ASYMMETRIES BETWEEN CORPORATE RESIDENTIAL PROPERTIES AND COST-BURDENED RESIDENTS |
26 University of the District of Columbia Law Review 36 (Spring, 2023) |
Sean Gotcher, a real estate agent for 11 years, went viral on TikTok with a real estate hypothetical. Gotcher asked how weird society would be if a billion-dollar company collected data on what people would be willing to pay for housing by zip code and then use that information to buy under the market-rate in order to sell above the market rate. He... |
2023 |
| Dr. Lucius Couloute , Kacie Snyder |
HOUSING INSECURITY AMONG PEOPLE WITH CRIMINAL RECORDS: A FOCUS ON LANDLORDS |
32-SUM Kansas Journal of Law & Public Policy 21 (Summer, 2023) |
Approximately 600,000 people are released from prisons each year and at least 79 million adults--over one third of the population--now hold some form of a criminal record. Upon formal criminalization, a combination of socioeconomic barriers compound to inhibit one's chances at successfully (re)integrating into society. In particular,... |
2023 |
| Tatiana Andia , Nitsan Chorev |
HOW TO STUDY GLOBAL LAWMAKING: LESSONS FROM INTELLECTUAL PROPERTY RIGHTS AND INTERNATIONAL HEALTH EMERGENCIES |
19 Annual Review of Law and Social Science 215 (2023) |
intellectual property, global law, global health, methodological nationalism, international agreements International agreements on Intellectual Property (IP) have proven to be a good example to study global lawmaking. Beginning by looking at the 1990s Trade-Related Intellectual Property Rights (TRIPS) agreement and into the negotiation and... |
2023 |
| Timothy Scalona |
HOW UNITED STATES HOUSING POLICIES AND ANTI-HOMELESS CRIMINALIZATION LAWS ENDANGER THE HEALTH AND STABILITY OF UNHOUSED PEOPLE, AND STRATEGIES FOR REFORM |
19 Journal of Health & Biomedical Law 390 (2023) |
In the United States, there are approximately 580,000 people who sleep on the streets every night. Nearly 170,000 homeless families are sleeping outside, couch-surfing, or living in hotels and shelters. Not only do these communities face the constant threat and trauma of homelessness, but they also endure its compounding consequences, such as loss... |
2023 |
| Hilary Pearsall |
IMPROVING THE LONG-TERM CARE LANDSCAPE FOR LGBTQ+ ADULTS THROUGH HOME-AND COMMUNITY-BASED CARE REFORM |
15 Drexel Law Review 183 (2023) |
Across the country, Medicaid-eligible individuals face widespread challenges in accessing appropriate long-term care, but LGBTQ+ elders face unique barriers to care and are especially vulnerable to discrimination, making this issue particularly pressing. In light of historical and continued discrimination against LGBTQ+ individuals across the... |
2023 |
| Stevie J. Swanson |
INDIGNITY PERPETUATED: RACE-BASED HOUSING POST-RECONSTRUCTION TO THE FAIR HOUSING ACT'S IMPACT ON THE DIGITAL AGE: WHERE DO WE GO FROM HERE? |
22 Connecticut Public Interest Law Journal 126 (Spring-Summer, 2023) |
C1-2Article Contents I. Introduction. 127 II. History of Race-Based Land Ownership. 130 A. Jim Crow Laws. 130 B. Shelley v. Kraemer and its Implications. 134 III. The Fair Housing Act. 139 A. Application of 3604(c):. 139 1. Who does it apply to?. 139 2. Use of 3604(c) and Publication of Racially Restrictive Covenants. 140 B. Creative Applications... |
2023 |
| David Laux |
INTELLECTUAL PROPERTY PROTECTION FOR GENETIC RESOURCES, TRADITIOcAL KNOWLEDGE, AND FOLKLORE: WILL THE ON-GOING WIPO EFFORTS RESULT IN A FORMAL TREATY? |
103 Journal of the Patent and Trademark Office Society 353 (October, 2023) |
C1-3Table of Contents I. Introduction. 354 II. The History of the WIPO Intergovernmental Committee. 354 A. 2001-2008 (IGCs 1-14: The Research Years). 354 B. 2009-2017 (IGCs 15-35: Text-based Negotiations). 358 C. 2018-Present (IGCs 36-47: Recent Negotiations and a Diplomatic Conference). 361 III. Current Status of Negotiations in the Text-based... |
2023 |
| Taorui Guan |
INVESTORS' PERSPECTIVE ON INTELLECTUAL PROPERTY FINANCING |
54 Seton Hall Law Review 439 (2023) |
The intellectual property system is generally considered to be a legal system that promotes innovation. But the ways through which it achieves this goal are still not entirely clear. Conventional intellectual property theories tend to describe the system's role in promoting innovation as providing creators with incentives to create and... |
2023 |
| Neil Fulton |
JOHN LEWIS AND THE POLITICS OF LOVE JON MECHAM, HIS TRUTH IS MARCHING ON: JOHN LEWIS AND THE POWER OF HOPE. JOHN MEACHAM. RANDOM HOUSE, 2020. 354 PP. (ISBN-9781984855022; ISBN-13:9781984855039) |
68 South Dakota Law Review 35 (2023) |
What if political thought and action stood on a foundation of universal love? Many, if not most, would be skeptical of such a premise. Current circumstances certainly justify such skepticism. Congressman John Lewis was not only not skeptical of the premise of a politics of love; he built his life on it. He repeatedly risked his life for it, in... |
2023 |
| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
| |
KEEPING CURRENT--PROPERTY |
37-APR Probate and Property 16 (March/April, 2023) |
ADVERSE POSSESSION: Repudiation of owner's title is not required where adverse claim begins with easement and hostile acts exceed those rights. The Dowlings purchased property located on a peninsula protruding into Long Island Sound from the Bradleys for $2.6 million. All the abutting owners in the area had a common right-of-way easement over a... |
2023 |
| |
KEEPING CURRENT--PROPERTY |
37-DEC Probate and Property 10 (November/December, 2023) |
ANNEXATION: Annexation agreement binds purchaser who acquires only part of annexed subdivision. In 2003, the Village of Kirkland and a landowner entered into an annexation agreement, providing that the village would annex 114 acres of land to be developed as a residential subdivision. The recorded agreement was executed under the Illinois Municipal... |
2023 |
| |
KEEPING CURRENT--PROPERTY |
37-FEB Probate and Property 20 (January/February, 2023) |
BROKERS: Construction contractor who is not licensed as broker is not entitled to compensation for finding buyer for property. Choice Homes LLC (Choice), a construction contractor, was owned by two individuals who were the only employees. Choice delegated all office work and actual construction to subcontractors, who were, like the owners,... |
2023 |
| |
KEEPING CURRENT--PROPERTY |
37-JUN Probate and Property 18 (May/June, 2023) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. ADVERSE POSSESSION: Mere failure to object to adverse use does not establish neighborly accommodation to defeat hostility. Kudar and Morgan were neighbors. Not knowing... |
2023 |
| Rose Wehrman |
KEEPING FERRIS OUT OF FOSTER CARE: REFORMING THE JJDPA TO PREVENT HOME REMOVALS BASED ON TRUANCY |
57 Columbia Journal of Law and Social Problems 161 (Fall, 2023) |
Truancy is directly correlated with negative educational and life outcomes for students. The state exacerbates these negative effects when it removes students from their homes for truancy. Far from addressing the underlying causes of truancy, home removals--whether into secure or non-secure placements--cause devastating harm. The Juvenile Justice... |
2023 |
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
| Nicholas Blomley , Alexandra Flynn , Marie-Ève Sylvestre , Nicholas Olson |
LAW, URBAN SPACE, AND PRECARIOUS PROPERTY: THE GOVERNANCE OF POOR PEOPLE'S POSSESSIONS |
50 Fordham Urban Law Journal 223 (February, 2023) |
Introduction. 224 I. Precariously Housed People Must Negotiate Multiple Legal Spaces. 226 II. Routine Seizure and Destruction of Belongings Occurs by Multiple Actors. 228 III. Precariously Housed People Lack Meaningful and Accessible Remedies. 230 IV. The Taking and Destruction of Poor People's Belongings Perpetuates Vulnerability and Poverty. 234... |
2023 |
| Jennie A. Hill |
LEGITIMATE STATE INTEREST OR EDUCATIONAL CENSORSHIP: THE CHILLING EFFECT OF OKLAHOMA HOUSE BILL 1775 |
75 Oklahoma Law Review 385 (Winter, 2023) |
The Oklahoma Legislature crawls into classrooms way too much and tells classroom teachers, which we are short on by the way, what they can and can't do .. [This bill] reeks of something that is not local . and that we do not need to be addressing in this building. The bill--Oklahoma House Bill 1775--originally created emergency medical... |
2023 |
| Heather Latino |
LEVERAGING HOUSING PROGRAMS: ENSURING THAT FOOD ACCESS INVESTMENTS DO NOT DISPLACE PEOPLE |
19 Journal of Food Law & Policy 58 (Spring, 2023) |
I see one-third of a nation ill housed, ill clad, ill nourished .. The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little. Franklin Delano Roosevelt, January 20, 1937 In September 2022, the Biden-Harris Administration convened a White House... |
2023 |
| Erica Witter |
MAKING AMENDS: LOCALIZING AND IMPLEMENTING HOUSING REPARATION PROGRAMS FOR AFRICAN AMERICANS AFFECTED BY DISCRIMINATORY HOUSING POLICIES |
15 Drexel Law Review 509 (2023) |
In Philadelphia, there is a significant gap in African American home ownership that has contributed to many of the problems that African American residents face today. Decreased industrialization, high poverty rates, crime, and loss in property values are direct consequences of housing discrimination by state and private actors. This Note... |
2023 |
| Moira O'Neill, Eric Biber, Nicholas J. Marantz |
MEASURING LOCAL POLICY TO ADVANCE FAIR HOUSING AND CLIMATE GOALS THROUGH A COMPREHENSIVE ASSESSMENT OF LAND USE ENTITLEMENTS |
50 Pepperdine Law Review 505 (March, 2023) |
California's legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production-- particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed... |
2023 |
| Justin Kennedy |
METAVERSE PROPERTY: ADVOCATING FOR THE REGULATION OF METAVERSE LAND AND PROPERTY THROUGH A REAL ESTATE LEGAL REGIME |
17 Ohio State Business Law Journal 323 (2023) |
C1-2Table of Contents I. Introduction. 324 II. History and Background. 326 A. What is the Metaverse?. 326 B. How to Purchase a Piece of Property in the Metaverse. 328 C. Pitfalls of Metaverse Real Estate Transfers and Structure. 329 III. How Intellectual Property Law Currently Reigns Over the Metaverse. 330 A. Intellectual Property Law Bestows Some... |
2023 |