| Author | Title | Citation | Summary | Year |
| Benjamin Duddy |
THE LITIGATOR'S GUIDE TO SHORT-TERM RENTAL OPPOSITION |
94 Mississippi Law Journal 1015 (2025) |
Introduction. 1016 I. Short-Term Rentals in the Legal Domain. 1018 A. The Good, the Bad, and the General History. 1018 B. An Approach Has Formed: Houses Divided. 1021 C. Cracks in the Approach. 1024 II. Reevaluating the Approach through a Doctrinal Survey. 1027 A. Property Law. 1027 B. Contract Law. 1029 C. Tax Law. 1030 D. Zoning Law. 1031 E.... |
2025 |
| Steve P. Calandrillo , Kelsey Dunn |
THE NEW REDLINING: HOW PROGRESSIVE POLICIES RESTRICT THE DEVELOPMENT OF HOUSING SUPPLY AND PERPETUATE AMERICA'S RACIST PROPERTY LAW PAST |
77 Florida Law Review 1085 (May, 2025) |
Recent scholarship has exposed America's racist property law past. During the twentieth century, decades of deliberate state-sponsored discrimination (i.e., Redlining) made homeownership--and the accumulation of wealth--more difficult for people of color. In 1948, the Supreme Court outlawed these practices in the seminal case, Shelley v. Kraemer.... |
2025 |
| Samantha Rhodes |
THE PARALLELS IN THE REPATRIATION OF CULTURAL PROPERTY: HOW THE HOLOCAUST EXPROPRIATED ART RECOVERY ACT PROVIDES A FRAMEWORK FOR A MORE EFFECTIVE NATIVE AMERICAN GRAVE PROTECTION AND REPATRIATION ACT |
30 Roger Williams University Law Review 127 (Winter, 2025) |
Imagine walking through the Smithsonian's National Museum of the American Indian, and you come upon an exhibit with a small, humanlike, ceramic figurine. The figure is approximately two feet tall and sixteen inches wide. It has a hunched back, its hands are on its knees, and is in a half-squatting position. The figure's face is wide and appears to... |
2025 |
| Noah M. Kazis |
THE RADICAL FAIR HOUSING ACT |
111 Virginia Law Review 491 (May, 2025) |
This Article uncovers the radical logic at the core of the Fair Housing Act (FHA). It is a law which can question and remake the underlying structure of housing markets, not just police individual transactions within those markets. The FHA is conventionally held to use the same understanding of discrimination as the Civil Rights Act's... |
2025 |
| John G. Sprankling |
THE RIGHT TO ACQUIRE PROPERTY |
75 American University Law Review 209 (October, 2025) |
Can government prohibit the acquisition of all types of property? The intuitive answer to this question is no. But why? Is there a constitutional right to acquire property? And, if so, how does it apply if government merely prohibits acquisition of a certain type of property, such as contraceptives? The Fourth, Fifth, and Fourteenth Amendments... |
2025 |
| Elisabell Laura Velázquez |
THE ROLE OF INTELLECTUAL PROPERTY IN THE GLOBAL FASHION INDUSTRY: COUNTERFEITING AND TRADEMARK ENFORCEMENT |
29 University of San Francisco Intellectual Property and 164 Technology Law Journal(Spring, 2025) |
With the rise of e-commerce and digital platforms, online markets have facilitated access to counterfeit goods. The accessibility to counterfeit fashion goods has posed challenges to the global fashion industry. This article discusses the historical evolution of trademark law as it relates to fashion on a domestic and international level. Moreover,... |
2025 |
| Gary DeYoung |
THE STATE GIVETH, THE STATE TAKETH AWAY: STATE LAW, LOCAL HOUSING PRODUCTION, AND THE RIGHT TO APPEAL |
30 Suffolk Journal of Trial and Appellate Advocacy 77 (2024-2025) |
Regulations, the wisdom, necessity and validity of which, as applied to existing conditions, are so apparent that they are now uniformly sustained, a century ago, or even half a century ago, probably would have been rejected as arbitrary and oppressive. Such regulations are sustained, under the complex conditions of our day, for reasons analogous... |
2025 |
| Patrick M. Denny |
THE TIMES THEY MAY BE A--CHANGIN': A LOOK INTO CUBA'S FUTURE FOR PROPERTY RIGHTS AND RESTITUTION THROUGH 3 LENSES |
57 University of Miami Inter-American Law Review 145 (Fall, 2025) |
After the 1959 Cuban Revolution, Fidel Castro took power and instituted a new regime that formed itself into a communist stronghold of the global south. With this new government came curtailment of private property rights, effectuated in government confiscation and limitation in private ownership opportunity. As many Cubans and foreign... |
2025 |
| Jade A. Craig |
THE TRAFFICANTE ROUTE: FAIR HOUSING LAW AND THE ROAD TO RACIAL RECONCILIATION |
60 Wake Forest Law Review 821 (2025) |
This Article draws on the story of Trafficante v. Metropolitan Life Insurance Co., one of the earliest cases in which the U.S. Supreme Court interpreted the Fair Housing Act of 1968. Paul Trafficante, one of the plaintiffs, was a white tenant of a large apartment complex in San Francisco who discovered that the landlord was engaging in systematic... |
2025 |
| Zachary E. Stewart |
THE UNIFORM PARTITION OF HEIRS PROPERTY ACT |
52 Michigan Real Property Review 19 (Spring, 2025) |
At some point in most attorneys' careers, a client who co-owns property with other persons calls about the co-owners' disagreement over the responsibilities for, and the disposition of, that property. One solution to these disagreements, so long as the potential client's ownership meets the requirements, is a partition action. Generally, [a]n... |
2025 |
| Zachary E. Stewart |
THE UNIFORM PARTITION OF HEIRS PROPERTY ACT |
52 Michigan Real Property Review 19 (Spring, 2025) |
At some point in most attorneys' careers, a client who co-owns property with other persons calls about the co-owners' disagreement over the responsibilities for, and the disposition of, that property. One solution to these disagreements, so long as the potential client's ownership meets the requirements, is a partition action. Generally, [a]n... |
2025 |
| Sara K. Van Norman |
THE WAY BACK HOME: THE INDIAN LAND TENURE FOUNDATION'S SURVEY OF TRIBAL LAND-BACK PROJECTS ACROSS THE UNITED STATES |
53 Urban Lawyer 7 (January, 2025) |
There are many analyses of the violent and centuries-long American project to take Indian lands from tribes. There are also concerted and high-profile federal initiatives, driven by tribal partnership, lobbying, and litigation, that have arisen over the past several decades that serve to facilitate consolidation and reacquisition of tribal lands.... |
2025 |
| Karen E. Woody, Joshua L. Clardy |
TITLE 18'S PROPERTY CONUNDRUM |
78 SMU Law Review 157 (Winter, 2025) |
Property, in legal terms, carries significant weight. Once an object is heralded as property, that object becomes a step closer to being afforded the protections of the Constitution, offered equitable remedies at a court's disposal, or even subjected to taxation by the state or federal government. Defining an object as property also puts it... |
2025 |
| Nat Jordan |
TOWARD AN ECONOMIC FAIR HOUSING ACT |
123 Michigan Law Review 757 (February, 2025) |
C1-2Table of Contents Introduction. 758 I. Applying an EFHA to Antidiscrimination Law. 764 A. The Promise--and Problems--of Fair Housing. 764 B. Adding Income. 765 1. Disparate Treatment. 768 a. But-For Causation. 770 b. Motivating-Factor Causation. 771 c. The Same Decision Defense. 773 2. Disparate Impact. 774 a. Step One: The Prima Facie Case.... |
2025 |
| Sara Evans |
TRADEMARKING TERROIR: GEOGRAPHICAL INDICATIONS AS A FORM OF CULTURAL PROPERTY IN THE U.S.-EU TRADE WAR |
26 Chicago Journal of International Law 375 (Summer, 2025) |
Geographical indications (GIs) designating wines, spirits, and agricultural products have been the subject of a trade war between the U.S. and EU for several decades. The American legal regime often denies European producers exclusive rights to use GIs in the American market because U.S. authorities consider many European terms generic. As a... |
2025 |
| Carol M. Rose |
TRADITIONAL KNOWLEDGE AND THE LIMITS OF PROPERTY |
66 Harvard International Law Journal 81 (Summer, 2025) |
Indigenous and traditional groups have generated a great variety of creative and inventive products and processes, collectively known as Traditional Knowledge (TK). Modern travel and communication have opened TK to outsiders, but some outsiders may copy or otherwise appropriate TK from the creating communities without consent or compensation.... |
2025 |
| Nicholas J. Stamates |
TRIBAL LEGAL LICENSING OF ATTORNEYS, HOUSE COUNSEL STATUS, AND THE OPPORTUNITY TO REDEFINE THE JD PREFERRED POSITION AND THE ENTIRE LAWYER ECOSYSTEM |
30 Michigan Journal of Race and Law 103 (Spring, 2025) |
The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court's ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of... |
2025 |
| Nicholas M. O'Donnell |
TURNABOUT IS FOUL PLAY: SOVEREIGN IMMUNITY AND CULTURAL PROPERTY CLAIMS |
28 Chapman Law Review 553 (Spring, 2025) |
I. Introduction. 555 II. Sovereign Immunity Before 1976. 555 III. Congress Confers Immunity Determinations Exclusively to the Judiciary. 556 IV. Sovereign Immunity and Cultural Property. 561 V. Slamming the Courthouse Doors Closed. 569 VI. The Revenge of the Sovereigns. 577 VII. Restoring the Status Intended by Congress. 588 |
2025 |
| Jonathan L. Entin |
USING COMMON LAW PROPERTY DOCTRINE TO ADVANCE SOCIAL JUSTICE |
24 Connecticut Public Interest Law Journal 218 (2024-2025) |
Cases involving estates in land and future interests might not qualify as part of the dogs and crud that members of the Supreme Court who got on the outs with Chief Justice Warren Burger were likely to be assigned. But, they might seem unattractive to lawyers and judges who must make sense of a monstrously complex and mysterious body of law.... |
2025 |
| Eric Strain |
WASHINGTON'S CRIME FREE RENTAL HOUSING PROGRAMS: A TWO-TIER HOUSING REGIME |
23 Seattle Journal for Social Justice 363 (Spring, 2025) |
Washington's Crime Free Rental Housing Programs (CFRHPs) create an unlawful, two-tiered renter-justice system that systemically criminalizes and dispossesses marginalized communities from the stable housing promised to them by the Washington legislature. While CFRHPs take various forms around the country, collection of laws and ordinances... |
2025 |
| Meredith M. Render |
WASTE, PROPERTY, AND USELESS THINGS |
138 Harvard Law Review 1260 (March, 2025) |
C1-2CONTENTS Introduction. 1261 I. Useless Things in an Overcrowded World. 1268 II. Property Law and Waste. 1274 A. The Lockean Imperative Against Waste. 1275 B. The Imperative Against Waste in American Property Law. 1289 1. Adverse Possession as Antiwaste. 1296 2. The Rules of Abandonment as Antiwaste. 1299 C. Planned Obsolescence and the... |
2025 |
| Mitchell F. Crusto |
WHAT IS PROPERTY?: A LIBERTARIAN PERSPECTIVE OF NAME, IMAGE, AND LIKENESS |
16 Harvard Journal of Sports & Entertainment Law 59 (Winter, 2025) |
C1-3CONTENTS Introduction. 60 A. Players Can't Get Paid.. 61 B. Conundrum. 66 C. Roadmap. 70 I. Conundrum. 76 A. History of NIL Law. 76 B. NIL Law Based on a Right of Publicity. 78 C. Louisiana's Representative Statute. 84 D. Right of Publicity is Deficient. 95 II. Name, Image, and Likeness as Property Act. 96 III. Justification. 98 A.... |
2025 |
| Charlotte Saltzman |
WHEN THE TAXPAYERS ARE NOT INNOCENT: THE NEED FOR PUNITIVE DAMAGES AGAINST MUNICIPALITIES UNDER THE FAIR HOUSING ACT |
94 Fordham Law Review 759 (November, 2025) |
Combatting housing discrimination by municipalities is a core function of the Fair Housing Act (FHA). Courts disagree, however, as to whether punitive damages can be awarded against municipal defendants. The purpose of this Note is twofold. First, it compares the Second Circuit's recent decision in Gilead Community Services, Inc. v. Town of... |
2025 |
| Summer Durant |
WHITENESS AS PROPERTY BY PROXY: HOW AFFIRMATIVE ACTION'S END MARKS THE BEGINNING OF A CRUCIAL RACIAL RECKONING |
68 Howard Law Journal 427 (Spring, 2025) |
The possessive investment in whiteness can't be rectified by learning how to be more antiracist. It requires a radical divestment in the project of whiteness . It requires abolition . What is required is a remaking of the social order, and nothing short of that is going to make a difference. --Saidiya Hartman I will live hostile to hostility... |
2025 |
| Gabriel Eckstein |
WHO OWNS HEAT? PROPERTY RIGHTS IN GEOTHERMAL ENERGY |
2025 University of Illinois Law Review 491 (2025) |
Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth's surface than contained in all of the world's oil and... |
2025 |
| Amy Bitterman |
WHOSE ART IS IT ANYWAY? GUIDELINES FOR RETURNING CULTURAL PROPERTY REMOVED PRIOR TO WORLD WAR II |
73 Buffalo Law Review 819 (August, 2025) |
C1-2Contents Introduction. 820 I. Relevant Law. 822 A. International Law. 823 B. National Laws. 828 1. United States. 828 i. Replevin Law. 828 ii. Law Concerning Museum Deaccessions. 830 2. England. 830 i. Replevin Law. 830 ii. Law Concerning Museum Deaccessions. 831 3. France. 832 i. Replevin Law. 832 ii. Law Concerning Museum Deaccessions. 833... |
2025 |
| Anoo Dinesh Vyas |
WHY CAPPING THE HOUSE AT 435 IS UNCONSTITUTIONAL |
129 Penn State Law Review 361 (Spring, 2025) |
Expanding the House of Representatives could offer several benefits, as noted by various public policy experts. It could make gerrymandering more difficult and mitigate the impact of money in our political system. Additionally, it could lessen political polarization, which some scholars argue has reached levels that threaten the long-term viability... |
2025 |
| Daniel Mendoza, Gary Pulsinelli |
WIPO TREATY ON INTELLECTUAL PROPERTY, GENETIC RESOURCES, AND TRADITIONAL KNOWLEDGE |
17 Landslide 34 (June/July, 2025) |
The commercialization of Indigenous art, crafts, and knowledge has surged alongside rapid technological advancements, amplifying the need for stronger protections and fair compensation for Indigenous peoples and local communities. As these cultural assets become increasingly integrated into global markets, the demand for legal frameworks to... |
2025 |
| Rangita de Silva de Alwis, Penn Law School |
WOMEN'S PROPERTY RIGHTS UNDER CEDAW. BY JOSÉ E. ALVAREZ AND JUDITH BAUDER. OXFORD, UK: OXFORD UNIVERSITY PRESS, 2024. PP. XXI, 432. INDEX |
119 American Journal of International Law 205 (January, 2025) |
Property is a source not only of economic power but also of social, political, and cultural power. The right to property, therefore, lies at the heart of gender inequality, and in turn, women's equal rights to property provoke some of the most heated battles on property ownership. As human rights lawyer Jacqueline Asiimwe writes, Owning land... |
2025 |
| Katharine Silbaugh |
WORK AND HOME |
105 Boston University Law Review 975 (April, 2025) |
C1-2Contents Introduction. 976 I. What Is Work?. 980 II. What Is Home?. 983 Conclusion. 986 |
2025 |
| Gabriel Negron |
YO SOY BORICUA, PA' QUE TU LO SEPAS: HOW HEIRS' PROPERTY ENDANGERS THE FUTURE OF PUERTO RICO |
19 Florida A & M University Law Review 45 (Spring, 2025) |
Even when we were under the Spanish flag, we had a movement that just wanted assimilation into Spain, a movement of autonomy-which has been the majority always-and a movement for separation. In that sense, Puerto Rico's political reality is very different from any place I know in the whole world. C1-2Table of Contents Introduction. 46 I.... |
2025 |
| David Schleicher |
YOUR HOUSE IS WORTH MORE THAN THEY THINK: THE STRANGE CASE OF PROPERTY TAX ASSESSMENT REGRESSIVITY |
62 Harvard Journal on Legislation 85 (Winter, 2025) |
In the last few years, researchers have revealed something shocking about the property tax, the mainstay of local governmental finance. In virtually all jurisdictions in the country, expensive homes are undervalued by property tax assessors--and hence under-taxed--while less expensive homes are over-valued and over-taxed. Put another way, one of... |
2025 |
| Gillian R. Schutt |
(DIS)TRUST IN THE PROCESS: U.S. FOREIGN POLICY AS AN OBSTACLE TO AN EFFICIENT INTERNATIONAL INTELLECTUAL PROPERTY REGIME |
32 Texas Intellectual Property Law Journal 187 (January, 2024) |
The United States has a reputation as a global hub of innovation and strives to maintain this identity on a global scale through the promotion of its intellectual property (IP) policies. While the U.S. advocates for increased cooperation and compromise to facilitate stronger and more efficient IP protection worldwide, progress thus far conforms to... |
2024 |
| Thomas W. Mitchell |
1 THE UNIFORM PARTITION OF HEIRS PROPERTY ACT: ADVANCING SOCIAL AND RACIAL JUSTICE THROUGH HISTORIC PROPERTY LAW REFORM |
52 Urban Lawyer 446 (2024) |
As indicated in the introduction to this volume, one of the major problems with heirs' property ownership is that it represents the most insecure form of common real property ownership in this country. For the past 150 years or so, predatory real estate speculators, developers, lawyers, and some others have preyed upon African American, Latino, and... |
2024 |
| Chelsey Lang |
A CRISIS SET TO REPEAT ITSELF: IMPROVING REGULATION FOLLOWING THE CATASTROPHE OF THE WEST CALUMET HOUSING COMPLEX |
21 Indiana Health Law Review 441 (2024) |
The West Calumet Housing Complex (WCHC), public housing located in East Chicago, Indiana, posed severe environmental and health risks to its residents from the time the project was built. In April 2018, the complex was torn down due to arsenic and lead contamination which posed a risk to residents' health. Over the course of the complex's lifespan... |
2024 |
| Stephen R. Munzer |
A FRAMEWORK FOR MANAGING DISPUTES OVER INTELLECTUAL PROPERTY RIGHTS IN TRADITIONAL KNOWLEDGE |
29 Michigan Journal of Race and Law 31 (Spring, 2024) |
Major controversies in moral and political theory concern the rights, if any, Indigenous peoples should have over their traditional knowledge. Many scholars, including me, have tackled these controversies. This Article addresses a highly important practical issue: Can we come up with a solid framework for resolving disputes over actual or proposed... |
2024 |
| Victoria Carlton |
A NEW FRONTIER IN HOUSING AND LAND DEVELOPMENT: THE UTAH LEGISLATURE'S CREATION OF PUBLIC INFRASTRUCTURE AND INFRASTRUCTURE FINANCING DISTRICTS |
37-DEC Utah Bar Journal 29 (November/December, 20) |
Go West! is a phrase that has become synonymous with the concept of Manifest Destiny and the exploration and expansion of the American West in the 19th century. This sentiment seems to be just as relevant today as Utah ranks as one of the fastest-growing states. From 2010 to 2020, Utah's population grew 18.4% with the addition of 507,731... |
2024 |
| Emilie (Smith) Rohde |
A QUESTIONABLE CATEGORIZATION--TRADEMARK'S STRUGGLE TO PROTECT TRIBAL CULTURAL PROPERTY |
28 Marquette Intellectual Property & Innovation Law Review 33 (Winter, 2024) |
I. INTRODUCTION: THE USE OF TRIBAL NAMES AND INSIGNIA BY THIRD PARTIES. 33 II. DIFFERENTIATING BETWEEN CULTURAL AND INTELLECTUAL PROPERTY. 37 III. AVAILABLE TRADEMARK PROTECTIONS FOR TRIBAL INSIGNIA. 40 A. Common Law Protections and Trademark Registration. 40 i. Common Law Protections. 41 ii. State Registration. 41 iii. Federal Registration. 42 B.... |
2024 |
| Haley Fortner |
ADDRESSING MENTAL DISABILITY HEAD ON: THE CHALLENGES OF REASONABLE ACCOMMODATION REQUESTS FOR VIRGINIA HOUSING PROVIDERS |
81 Washington and Lee Law Review Online 359 (5/13/2024) |
A person's home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental... |
2024 |
| Makalika Naholowa'a |
ADVANCING INTERNATIONAL INTELLECTUAL PROPERTY NEGOTIATIONS TO PROTECT INDIGENOUS CULTURES |
49 Human Rights 21 (2024) |
This past fall, the U.S. Patent and Trademark Office (USPTO) issued an uncommon request for public comment and notice of Tribal consultation regarding protections for Native American culture and traditional knowledge in the intellectual property system. This effort is a part of the USPTO's work to develop U.S. positions on legal instruments being... |
2024 |
| Vanessa Springer |
AFFORDABLE HOUSING IN HEALTHY COMMUNITIES: INTEGRATING ENVIRONMENTAL JUSTICE INTO THE APPLICATION CRITERIA FOR AFFORDABLE HOUSING TAX CREDITS IN NEW MEXICO |
54 New Mexico Law Review 623 (Summer, 2024) |
In Bernalillo County, New Mexico, communities of color and people living below the poverty line are more likely to live in areas with high exposure to pollution and associated health risks. Similar trends are echoed throughout the country. These data trends and experiences form the basis for the environmental justice movement, or the movement for a... |
2024 |
| Heather R. Abraham |
AGENCIES "SHALL COOPERATE": A BLUEPRINT FOR AFFIRMATIVELY FURTHERING FAIR HOUSING |
57 UIC Law Review 469 (Spring, 2024) |
Abstract: Every federal agency perpetuates housing segregation. As if on autopilot, agencies routinely reinforce segregation unless they take intentional steps to counteract it. Building on my prior work on the Fair Housing Act's statutory duty to affirmatively further fair housing (AFFH), this Article examines an agency's obligation to reduce... |
2024 |
| Matthew Franks |
AMERICAN HANDLING OF HOLOCAUST PROPERTY TAKINGS: WHAT WE CAN LEARN FROM INTERNATIONAL POLICIES |
49 Brooklyn Journal of International Law 556 (2024) |
We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere. These words from the late author Elie Wiesel display his profound insight and experience as a Jewish person who lived through the Holocaust. According to the United States (US) Code, a... |
2024 |
| Selena Houston |
AN OVERVIEW OF COMMERCIAL CONVERSION: A VIABLE SOLUTION TO AMERICA'S CURRENT HOUSING CRISIS? |
93 Mississippi Law Journal 1251 (2024) |
Introduction. 1252 I. The Impact of Zoning Regulations on the Housing Market. 1254 A. The Constitutionality of Zoning. 1255 1. Village of Euclid v. Ambler Realty Co.. 1256 2. Berman v. Parker. 1258 B. Why Do We Have Zoning Laws?. 1260 II. Zoning as the Cause of America's Current Housing Crisis. 1261 III. Is Commercial Conversion the Answer?. 1265... |
2024 |
| Robert H. Hu |
APOLOGY AS AN INTELLECTUAL PROPERTY REMEDY IN CHINA: A PRELIMINARY EXAMINATION OF AMERICAN LITIGATION EXPERIENCES |
51 Syracuse Journal of International Law and Commerce 177 (Spring, 2024) |
Seeking and receiving an apology from the wrongdoer is a ubiquitous social phenomenon in Chinese culture and society. In recent years, litigation and apologies appear to be natural elements of contemporary life in China. Apologies as a legal remedy in Chinese laws and regulations have become prevalent for nearly four decades. In particular, in... |
2024 |
| Monica Lopez , Irene Gonzalez |
ARTIFICIAL INTELLIGENCE IS NOT HUMAN |
104 Journal of the Patent and Trademark Office Society 135 (January, 2024) |
The ongoing explosion of artificial intelligence (AI) in a myriad of domains has raised questions on how to reconcile between current patent law and the protection of AI-enabled systems and their creative inventions. U.S. patent law has been challenged on whether it is sufficient to protect AI-enabled systems or whether there is a need to expand or... |
2024 |
| Maria Regina Martinez |
BATOK IN THE EAST, ALOHA IN THE WEST: INTELLECTUAL PROPERTY PROTECTIONS OF INDIGENOUS PEOPLES IN THE PHILIPPINES AND THE UNITED STATES |
58 University of San Francisco Law Review 541 (2024) |
Apo Whang-Od is a 106-year-old mambabatok, or traditional tattoo artist, from the Philippines. Hailing from the remote village of Buscalan, she is the oldest member of the Kalinga indigenous group to practice batok, the ancient art of hand-tapped tattoos, which showcases the group's sacred symbols. Though she lives in a small village in the... |
2024 |
| Jiaying Jessie Zhang |
BATTLE IN THE DIGITAL SPHERE: THE REPATRIATION OF DIGITIZED NATIVE AMERICAN CULTURAL PROPERTIES |
52 AIPLA Quarterly Journal 403 (Spring, 2024) |
I. Introduction. 404 II. NAGPRA & Repatriation in the Physical Realm: Ownership & Control of Native American Cultural Heritage in Existing Legislation & Regulations. 410 A. Ownership & Control Under NAGPRA. 411 B. The Implementation of NAGPRA under the Department of the Interior's Regulations. 416 C. Other Relevant Statutes on Ownership and Control... |
2024 |
| Judy F. Berkman , Winifred M. Branton , Penina Kessler Lieber , Philadelphia County, Philadelphia County, Allegheny County, Members of the Pennsylvania Bar |
BATTLING BLIGHT IN PENNSYLVANIA: THE ABANDONED AND BLIGHTED PROPERTY CONSERVATORSHIP ACT |
95 Pennsylvania Bar Association Quarterly 1 (January, 2024) |
This article discusses the application of the Abandoned and Blighted Property Conservatorship Act to address the problem of derelict property throughout Pennsylvania. Enacted in 2008 and amended in 2014 and 2022, the Act creates a legal process by which a court-appointed conservator can take possession of a blighted property to remediate the blight... |
2024 |
| Andrew Darcy |
BETTER LATE THAN NEVER: THE EQUITABLE POWER OF FEDERAL COURTS TO REMEDY HARMS CAUSED BY HISTORICAL HOUSING DISCRIMINATION |
57 UIC Law Review 507 (Spring, 2024) |
Our precedents . firmly establish that where . state-imposed segregation has been demonstrated, it becomes the duty of the State to eliminate root and branch all vestiges of racial discrimination .. Once a right and a violation have been shown, the scope of a district court's equitable powers to remedy past wrongs is broad, for breadth and... |
2024 |