Maria Civitello "ONE HOME, MANY GENERATIONS": HOW ADOPTING A UNIFORM DEFINITION OF THE "MULTIGENERATIONAL FAMILY" COULD BENEFIT MILLIONS OF AMERICANS 31 Elder Law Journal 133 (2023) For the past several decades, the number of Americans living in multigenerational homes has been steadily increasing. Multigenerational families may choose to live together for a variety of reasons; for example, some families achieve greater economic security by combining generations into one household, while others may wish to live together in... 2023
Nadiyah J. Humber A HOME FOR DIGITAL EQUITY: ALGORITHMIC REDLINING AND PROPERTY TECHNOLOGY 111 California Law Review 1421 (October, 2023) Property technologies (PropTech) are innovations that automate real estate transactions. Automating rental markets amplifies racial discrimination and segregation in housing. Because screening tools rely on data drawn from discriminatory--and often overtly segregationist--historical practices, they replicate those practices' unequal outcomes in the... 2023
Matthew Fern A SUBSTANTIVE(-ISH) RIGHT TO HOUSING: AN AMERICAN PROBLEM 73 DePaul Law Review 57 (Fall, 2023) America: the land of the free and the home of the brave, but not really the nation of the housed. Housing instability, as defined by the U.S. Department of Health and Human Services, is the combination effect of high housing costs, poor housing quality, unstable neighborhoods, overcrowding, and homelessness. American people suffer with unaffordable... 2023
Jon DeCarmine , Joseph S. Jackson A TALE OF TWO TENT CITIES: THE CRITICAL ROLE OF HOUSING ENGAGEMENT IN ADDRESSING HOMELESS ENCAMPMENTS 30 Georgetown Journal on Poverty Law and Policy 371 (Spring, 2023) Local governments have essentially three choices in responding to the presence of homeless encampments. They can adopt a law enforcement approach, forcing individuals to move their camps on pain of arrest for trespassing. They can adopt an out of sight, out of mind approach, designating a specified area where homeless individuals are permitted to... 2023
Patricia R. Di Pasquale AFFORDABLE HOUSING versus HOUSING SAFETY: ILLEGAL HOUSING IN CALIFORNIA AND THE HOUSING AND BUILDING CODE DICHOTOMY 32 Journal of Affordable Housing & Community Development Law 255 (2023) The affordable housing crisis and the lack of housing for low-income individuals is a significant problem in major metropolitan areas in the United States and specifically in California. This article introduces the affordable housing crisis, how building codes impact the affordable housing crisis, and how private citizens are responding to the... 2023
Carlos Arroyo Batista, Columbia University AFTER SERVITUDE: ELUSIVE PROPERTY AND THE ETHICS OF KINSHIP IN BOLIVIA MAREIKE WINCHELL (OAKLAND: UNIVERSITY OF CALIFORNIA PRESS, 2022) 46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) What does it mean to question the idea that legally defined property would bring liberty to Bolivia's Indigenous population? What are the underlying relations between human groups and land that a property regime absorbs and transforms? How do agrarian officials construct property as a form of normative, racialized citizenship? Using two years of... 2023
Paige Franckiewicz AIN'T DERE NO MORE: HOW ADDRESSING EQUITY GAPS IN LOUISIANA PROPERTY LAW CAN MITIGATE THE GENTRIFICATION OF NEW ORLEANS 24 Loyola Journal of Public Interest Law 31 (Spring, 2023) Part I of this Comment addresses the unique demographic and environmental factors which leave marginalized New Orleanians at the behest of exploitative government takings and subsequent gentrification, with the construction of Interstate 10 in Tremé and the downtown medical district in lower Mid-City serving as case studies. Part I also notes the... 2023
Ben Horton AN ISSUE OF FIRST IMPRESSION? STATE CONSTITUTIONAL LAW AND JUDGING THE QUALIFICATIONS OF CANDIDATES FOR THE HOUSE AND SENATE 102 Nebraska Law Review 93 (2023) Article I, section 5, clause 1, makes each House of Congress the judge of the Elections, Returns, and Qualifications of its members. But what does that mean? For historical and jurisdictional reasons, there is a lack of federal precedent on the scope of judicial review of constitutional qualifications of candidates for the House or Senate.... 2023
Jessica Xu AWARDING RACIAL SEGREGATION: THE LOW-INCOME HOUSING TAX CREDIT AS A NEW RACIALLY RESTRICTIVE COVENANT 70 UCLA Law Review 596 (August, 2023) The United States has a history of racial segregation in its facilitation of federal housing programs. One such program, the Low-Income Housing Tax Credit (LIHTC), was intended to respond to the need for affordable housing since its establishment in 1986. Through the LIHTC program, the federal government grants tax credits to investors and... 2023
Lolita Darden BALANCING THE INEQUITIES IN APPLYING NATURAL PROPERTY RIGHTS TO RIGHTS IN REAL OR INTELLECTUAL PROPERTY 9 Texas A&M Journal of Property Law 493 (5/28/2023) Eric Claeys's book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to Claeys's theory are the concepts of justified interests and productive use. A justified interest, Claeys writes, exists when an individual demonstrates a stronger interest in a resource than anyone else in the... 2023
Megan E. Bowling BECOMING "AUDIT" IT CAN BE: IMPROVING PUBLIC SCHOOL FUNDING THROUGH A STREAMLINED SALES AND USE TAX AGREEMENT FOR REAL PROPERTY TAX 92 University of Cincinnati Law Review 485 (2023) In the early nineteenth century, famed Massachusetts Board of Education Secretary of State and state legislator Horace Mann launched his now-fabled campaign on the behalf of schools that give every child a free, straight, solid pathway by which [they] can walk directly from the ignorance of an infant to . knowledge. Over the next two centuries,... 2023
Angela R. Riley BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 136 Harvard Law Review 2074 (June, 2023) Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... 2023
Timothy M. Mulvaney BENEATH THE PROPERTY TAXES FINANCING EDUCATION 123 Columbia Law Review 1325 (June, 2023) Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school... 2023
Emma Sargent BOULDER IS FOR PEOPLE: ZONING REFORM AND THE FIGHT FOR AFFORDABLE HOUSING 94 University of Colorado Law Review 857 (Summer, 2023) The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental... 2023
Jenna Prochaska BREAKING FREE FROM "CRIME-FREE": STATE-LEVEL RESPONSES TO HARMFUL HOUSING ORDINANCES 27 Lewis & Clark Law Review 259 (2023) Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)--local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at... 2023
Khadijah Wright BRIDGE OR BARRIER: THE INTERSECTION OF WEALTH, HOUSING, AND THE DISPARATE IMPACT STANDARD 17 Florida A & M University Law Review 203 (Spring, 2023) C1-2Table of Contents I. Wealth and Race are Significantly Intertwined Historically. 205 A. Historical Barriers to Wealth Used Race as A Basis for Exclusion. 205 B. Wealth Exclusion Affects Both Race and Housing. 209 II. The Fair Housing Act of 1968 intended to Prevent Discrimination Based on Group Characteristics. 212 A. Tropes: A Substitute for... 2023
Jessica Robertson CALIFORNIA ASSEMBLY BILL 3121'S CLAIM FOR BLACK REDRESS: THE CASE FOR A STATE TRUTH AND RECONCILIATION COMMISSION AND HOUSING VOUCHERS 60 San Diego Law Review 513 (August-September, 2023) C1-2Table of Contents I. Introduction. 514 II. The Keys to Atonement: Reconciliation and Rehabilitation. 515 A. The Tort Model and The Atonement Model Explained. 517 B. The Task Force Will Likely Seek a Reconciliatory Approach to Redress. 522 C. The Atonement Model Modified. 524 D. The Task Force Should Include a Truth and Reconciliation Commission... 2023
Karen E. Boxx COMMUNITY PROPERTY AND CONFLICT OF LAWS: A CACOPHONY OF CASES 97 Tulane Law Review 657 (May, 2023) I. Introduction. 658 II. A Tale of Three Jurisdictions. 659 III. Description of the Marital Property Systems of the United States. 664 A. History of Community Property in the United States. 664 B. Common Aspects of the Community Property System in the Nine Traditional Community Property States. 665 C. Comparison of the Two Marital... 2023
Daniel Fitzpatrick COMPLEX SYSTEMS OF PROPERTY: CHANGE AND RESILIENCE AFTER A CATASTROPHIC DISASTER 71 American Journal of Comparative Law 1 (Spring, 2023) This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems. Complex systems theory provides an alternative to economic models that adopt assumptions of linearity in property rights transitions--where inputs such as rising resource values induce proportionate outputs in the formation... 2023
Lisa Lucile Owens CONCENTRATED SURVEILLANCE WITHOUT CONSTITUTIONAL PRIVACY: LAW, INEQUALITY, AND PUBLIC HOUSING 34 Stanford Law and Policy Review 131 (2023) Equal treatment of citizens under the law is a supposedly central value in the American legal system, and yet laws often contribute to the further entrenchment of inequality. This Article utilizes qualitative social scientific data to shed light on the differential impacts of law. In particular, this Article asks how vulnerable individuals and... 2023
Linda E. Fisher CONSUMER FRAUD, HOME FINANCING, AND THE EROSION OF TRUST 118 Northwestern University Law Review 115 (2023) Abstract--Consumer fraud is a civil violation of a remedial statute not requiring specific intent to deceive. Most consumer fraud statutes define violations as unconscionable, misleading, or deceptive practices irrespective of intent, in derogation of the principle of caveat emptor. They do not apply to business-to-business transactions. Trust... 2023
Brandon Weiss CORPORATE CONSOLIDATION OF RENTAL HOUSING & THE CASE FOR NATIONAL RENT STABILIZATION 101 Washington University Law Review 553 (2023) Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Market-sensitive and nuanced rent stabilization laws have... 2023
  DAMON Y. SMITH, GENERAL COUNSEL, IN CONVERSATION WITH ASSISTANT SECRETARY FOR HOUSING-FHA COMMISSIONER JULIA GORDON 31 Journal of Affordable Housing & Community Development Law 287 (2023) Damon Y. Smith: What are your top priorities moving forward for the Office of Housing and FHA? Julia Gordon: One of the most exciting parts of being at HUD right now is that my personal priorities honed over a lifetime of work in the public interest sector align with those of Secretary Fudge and President Biden. These include advancing racial... 2023
Nicole Stelle Garnett DECOUPLING PROPERTY AND EDUCATION 123 Columbia Law Review 1367 (June, 2023) Over the past several years, the landscape of K-12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These... 2023
Peter K. Yu DEFERRING INTELLECTUAL PROPERTY RIGHTS IN PANDEMIC TIMES 74 Hastings Law Journal 489 (February, 2023) This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and... 2023
Christine Cimini DESIGNING INTERDISCIPLINARY, EARLY INTERVENTION DISPUTE RESOLUTION TOOLS TO DECREASE EVICTIONS AND INCREASE HOUSING STABILITY 70 Washington University Journal of Law & Policy 33 (2023) This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations... 2023
Stephen Clowney DO FRATERNITIES VIOLATE THE FAIR HOUSING ACT? AN EMPIRICAL STUDY OF SEGREGATION IN THE GREEK ORGANIZATIONS 41 Yale Law and Policy Review 152 (Spring, 2023) Introduction. 153 I. Why Segregation in the Greek System Matters. 160 A. Greeks Dominate the Social Scene. 160 B. The Greeks Dominate Student Government. 164 C. The Greeks Control Access to Alumni Networks. 168 D. A Note on the Structure and Governance of the Greek Community. 169 II. The Greek System is Segregated. 171 A. Methodology. 173 B.... 2023
Zvikomborero Chadambuka EFFICIENCY, EQUITY, AND DATA AS PRIVATE PROPERTY 54 Seton Hall Law Review 1 (2023) Debate about private property often assumes that the economic outcomes from deploying private property will be beneficial. Yet private property has some demerits. These include a tendency towards allocative inefficiency and regressivity, both largely due to its associated monopoly power and reliance on willingness to pay. Given this, the... 2023
Samantha Jumper FAIR QUESTIONS, MAJOR ANSWERS: ROOTING FAIR HOUSING IN AN INCENTIVE-BASED APPROACH TO AVOID MAJOR QUESTIONS CONCERNS 50 Fordham Urban Law Journal 505 (March, 2023) Introduction. 506 I. Histories of Fair Housing and Major Questions. 508 A. From Discrimination to Fair Housing. 509 1. Federal Housing Legislation: A Historical Overview. 510 2. Rule Changes, and Changes, and Changes. 514 B. Questions about Major Questions. 518 1. Non-Delegation Doctrine and Chevron Deference: Pre-2000. 518 2. The Original Major... 2023
Alexandra Staropoli FAIR SHARE HOUSING CENTER 31 Journal of Affordable Housing & Community Development Law 315 (2023) Fair Share Housing Center is a nonprofit advocacy organization that uses legal, policy, and community-building strategies to dismantle decades of racial and economic discrimination that excludes people from the opportunity to live in safe, healthy, and affordable housing in New Jersey and nationally. Founded nearly fifty years ago to defend the... 2023
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