| Author | Title | Citation | Summary | Year |
| Gregory M. Zlotnick |
A SEVENTH AMENDMENT REMEDY FOR HOUSING INSTABILITY |
77 Maine Law Review 209 (June, 2025) |
Abstract Introduction I. Jarkesy: Housing Advocates' Silver Lining in the 2023-2024 Supreme Court Term A. Understanding SEC v. Jarkesy B. Jarkesy as a Foothold for Rights Expansion II. Jarkesy as a Conceptual Framework, as Much as a Constitutional Requirement, to Expand the Jury Trial Guarantee to Tenants Facing Eviction A. The Nonincorporated... |
2025 |
| Charles W. “Rocky” Rhodes |
A SILENCE AFTER SLAUGHTER-HOUSE: NINETEENTH-CENTURY STATE CONSTITUTIONAL SUBSTANTIVE RIGHTS, LIBERTIES, AND PRIVILEGES |
85 Louisiana Law Review 439 (Winter, 2025) |
C1-3Table of Contents Abstract. 440 Introduction. 441 I. The Slaughter-House Cases, State-Guaranteed Rights, and Federal Privileges. 448 A. The Progressive Louisiana Constitution of 1868. 449 B. Narratives of the Slaughter-House Act of 1869. 451 C. State Court Constitutional Challenges to the Act. 455 D. The Supreme Court Butchers Federal... |
2025 |
| Helen Zhang |
AFTER SFFA: AFFIRMATIVELY FURTHERING FAIR HOUSING AS A REMEDY TO FEDERAL HOUSING DISCRIMINATION |
100 New York University Law Review 1754 (November, 2025) |
Nearly sixty years after the passage of the Fair Housing Act (FHA), racial segregation, housing discrimination, and consequent disparities in health and opportunity stubbornly persist. Yet the Department of Housing and Urban Development has made limited use of the FHA's most powerful provision: its mandate to affirmatively further fair housing. In... |
2025 |
| Justin Steil , Dan Traficonte |
AFTER THE STORM: POST-DISASTER RECOVERY AND THE FAIR HOUSING ACT |
43 Virginia Environmental Law Journal 141 (2025) |
Introduction. 141 I. Climate Change, Disasters, and Housing. 142 A. Climate Change-Related Disasters and Disparities in Housing Are Exacerbating Socio-Economic Inequality. 143 B. Renters Experience Specific Harms in the Aftermath of Disasters. 145 1. The Effects of Disasters on Rents. 146 2. The Effects of Disasters on Eviction Rates. 147 3.... |
2025 |
| Lisa Lucile Owens |
AN ARGUMENT FOR HOUSING REPARATIONS |
77 Maine Law Review 243 (June, 2025) |
Abstract Introduction I. The Sacred Intentions of Reparations A. Envisioning Repair B. The Need for Reparatory Housing Policy C. The Promise of Housing Reparations II. Constitutional Barriers to Housing Reparations A. A Compelling Government Interest B. Narrow Tailoring III. The Modest Success of Municipal Housing Reparations Initiatives A.... |
2025 |
| Anna Kirstine Schirrer , University of Copenhagen, Copenhagen, Denmark |
ANCESTRAL RIGHTS, ANCESTRAL LAND: REPARATIONS AND COLLECTIVE PROPERTY IN THE PLANTATION'S WAKE |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 21 September 2022 | Revised: 11 October 2024 | Accepted: 30 November 2024 Keywords: collective title | indigeneity | plantation | reparations | slavery The African Ancestral Rights Bill raised by the Reparations Group in Guyana represents a communal claim to land. It required Guyana's government to constitutionally recognize African... |
2025 |
| Clayton Reese |
ARTIFICIAL INTELLIGENCE COLLIDES WITH INTELLECTUAL PROPERTY RIGHTS: WHAT DOES THIS MEAN FOR THE FUTURE OF INTERNATIONAL ECONOMIC LAW |
26 Currents: Journal of International Economic Law 64 (2025) |
When most people think of artificial intelligence (AI), they think of iRobot or Terminator, but the reality is that AI is not some evil robot trying to kill you. Instead, AI is a tool that we are exposed to one way or another. When you log into Netflix, you are exposed to their AI movie recommendations. When you play chess online, you are exposed... |
2025 |
| Jasmine Sozi |
BAY AREA COMMUNITY LAND TRUST RISING TOGETHER: RECLAIMING HOUSING, REIMAGINING POWER |
34 Journal of Affordable Housing & Community Development Law 39 (2025) |
The Bay Area Community Land Trust (BACLT) stewards land in Berkeley and Oakland, on the unceded territory of the Chochenyo-speaking Ohlone people. The areas--known today as Berkeley (xucyun) and Oakland (Huichin)--are part of the ancestral and unceded homelands of the Ohlone, including the Muwekma Ohlone Tribe and other descendants of the... |
2025 |
| Claire Priest |
BEFORE HERNANDO DE SOTO'S THE OTHER PATH: THE EMERGENCE OF PROPERTY RIGHTS AS A HOUSING SOLUTION IN THE SHADOW OF THE CUBAN REVOLUTION |
42 Yale Journal on Regulation 1145 (Fall, 2025) |
In 1986, Hernando de Soto and his thinktank published El Otro Sendero (The Other Path), a ground-breaking book promoting institutional reform and property rights as a linchpin of spreading capitalism and democracy. The Other Path was acclaimed by Ronald Reagan and led the United States to support wide-scale property reform in the developing world.... |
2025 |
| Allison F. Pincus |
BENIGN CODE WORDS, INVIDIOUS RESULTS: A MODERN HOUSING DISCRIMINATION PRACTICE |
27 NYU Journal of Legislation and Public Policy 1013 (2024-2025) |
The code words realtors and homeowners use to advertise homes perpetuate discrimination and lead to inequitable access to housing in violation of the Fair Housing Act (FHA). Realtors' and homeowners' use of neutral-on-its-face language to describe real estate does not explicitly discriminate based on race, but in fact this practice yields disparate... |
2025 |
| Harold Braswell , Alexandra McNamee , Charitha Bodepudi |
BETWEEN PRIVATE EQUITY AND HOUSING DISCRIMINATION: THE LONG-TERM CRISIS IN ST. LOUIS AND BEYOND |
18 Saint Louis University Journal of Health Law & Policy 177 (2025) |
On December 15, 2023, Northview Village, the largest skilled nursing facility in the Saint Louis region, closed abruptly, leading to the nighttime discharge of 170 residents. This emergency, while unique to that facility, is indicative of a broader crisis in both local and, to a significant extent, national nursing homes. This crisis has partly... |
2025 |
| Julia M. Baumel |
BEYOND AFFORDABILITY: COMBATING SYSTEMIC HOUSING BARRIERS FOR FORMERLY INCARCERATED PEOPLE |
33 Georgetown Journal on Poverty Law and Policy 153 (Fall, 2025) |
I. Housing Instability, Homelessness, and Recidivism among Formerly Incarcerated People. 154 II. PHA Discretion in Screening Applicants for Public Housing and Voucher Programs. 157 A. The Current Regulatory Landscape. 157 B. The 2024 Proposed Rule. 159 1. The Individualized Assessment. 162 2. Three-Year Lookback Period. 165 3. Strengthening Due... |
2025 |
| Melvin J. Kelley IV |
BEYOND THE PERPETRATOR PERSPECTIVE ON GOLDEN GHETTOS: DEFENDING FAIR HOUSING REVISIONISM WITH CRITICAL EYES |
77 Stanford Law Review 925 (April, 2025) |
Abstract. Most fair housing advocates maintain that integration is a core aim of the federal Fair Housing Act of 1968 (FHA). They contend that to achieve that integration, affordable housing must be sited in predominantly white, affluent areas. These advocates often cite legislative sponsors such as Senator Edmund Muskie, who declared that the aim... |
2025 |
| Jeremy Blasi , Zoe Tucker |
BRINGING UNION POWER HOME: UNIONS AND THE FIGHT FOR HOUSING JUSTICE |
52 Fordham Urban Law Journal 991 (April, 2025) |
Introduction. 992 I. Labor Unions' Stake in the Struggle for Affordable Housing. 995 A. Workers are Tenants. 995 B. Employers Are Landlords. 999 II. Unions' Historical Role in Fighting for Affordable Housing. 1001 A. Union-Sponsored Housing Cooperatives in New York. 1002 B. Unions' Contribution to the Battle for Public Housing. 1005 III. What Can... |
2025 |
| Lauren Spiezia |
BUILDING EQUITY & HEALING HISTORICAL WOUNDS: HOW A COMMUNITY LAND TRUST CAN SAFEGUARD PERMANENT AFFORDABLE HOUSING & COMBAT LONG-STANDING DISPLACEMENT & SEGREGATION |
75 Syracuse Law Review 273 (2025) |
Abstract. 274 Introduction. 275 I. History of Segregation and Displacement. 277 A. Background on Redlining and Its Practice in Syracuse. 277 B. Impacts of I-81 Construction on Syracuse's 15th Ward. 279 1. History and Demolition of the 15th Ward. 279 2. The Community Grid Plan to Replace the I-81 Elevated Viaduct. 280 II. Brief Overview of the... |
2025 |
| Margaret A. McCallister |
BURNING DOWN THE HOUSE: WILDFIRES, CULTURAL BURNING, AND THE PERVERSE INCENTIVE STRUCTURE OF THE CLEAN AIR ACT |
37 Georgetown Environmental Law Review 297 (Winter, 2025) |
Rising global temperatures are contributing to an alarming trend of increasingly damaging wildland fires. Controlled burns (or prescribed fires) can mitigate wildfire smoke and break the cycle of increasingly destructive wildfires. However, United States forest policy has long focused on fire suppression. This Note discusses how federal... |
2025 |
| Alec J. Goldstone |
CAMPAIGNING WITH CONGRESSIONAL STAFF: HOW THE HOUSE AND SENATE ETHICS RULES ENABLE INDIRECT GOVERNMENT SUBSIDIZATION OF INCUMBENTS' REELECTION BIDS |
59 Columbia Journal of Law and Social Problems 49 (2025) |
The ethics rules of the U.S. House of Representative and U.S. Senate seek to minimize the use of government resources to support incumbents' reelection campaigns. Government-paid congressional staff are prohibited from engaging in campaign activity during their working hours. However, congressional staff may engage in paid or uncompelled volunteer... |
2025 |
| Malini Sur , Institute for Culture and Society and School of Social Sciences, Western Sydney University, Penrith, New South Wales, Australia |
CARTOGRAPHIES OF CLOTHING: ON THE AESTHETICS AND PRACTICES OF PROPERTY IN BORDERLANDS |
48 PoLAR: Political and Legal Anthropology Review 1 (May, 2025) |
Received: 11 January 2024 | Revised: 7 August 2024 | Accepted: 22 October 2024 Keywords: borderlands | clothing | exchange | Garos | kinship | material culture | property This article explores the symbolic and material role of clothing in shaping the aesthetics and practices of property among the Garos in the India-Bangladesh borderlands. It argues... |
2025 |
| Hana E. Brown , Department of Sociology, Wake Forest University, Winston-Salem, NC, USA, Email: brownhe@wfu.edu |
CHALLENGING THE INDIAN CHILD WELFARE ACT: COLORBLIND RACISM, WHITENESS AS PROPERTY, AND THE LEGAL ARCHITECTURE OF SETTLER COLONIALISM |
59 Law and Society Review 356 (June, 2025) |
(Received 19 October 2023; revised 14 June 2024; accepted 4 July 2024) Bringing critical race theory and settler colonial theory to bear on legal mobilization scholarship, this article examines the ongoing campaign to strike down the 1978 Indian Child Welfare Act (ICWA). ICWA sought to end the forced removal of American Indian children from their... |
2025 |
| Olecia L. James |
CLAIMING WHAT'S OURS: RIGHTS AND REALITIES IN PROPERTY DISPUTES |
52 Southern University Law Review 251 (Spring, 2025) |
Ultimately, property rights and personal rights are the same thing. The one cannot be preserved if the other be violated. When a homeowner in Clayton County, Georgia called for help, she never expected to be the one behind bars. But that is exactly what happened when she sought police assistance to remove someone she described as a squatter from... |
2025 |
| Nina Stockman |
CLIMBING MOUNT LAUREL: FEDERAL LAND USE AND ZONING POLICY AS THE BIPARTISAN SOLUTION TO THE AFFORDABLE HOUSING CRISIS |
73 Buffalo Law Review 1017 (August, 2025) |
Introduction. 1017 I. Background on Housing Crisis. 1022 II. Current State of Federal Housing Legislation and the YIMBY Act. 1026 III. Expanding Federal Land Use and Zoning Legislation. 1030 A. Mount Laurel Doctrine and New Jersey's Fair Housing Act. 1031 B. Implementing the Mount Laurel Doctrine on a Federal Level. 1035 IV. Making Land Use... |
2025 |
| Rachel Garwin |
COLLECTIVE ACTION AT HOME: COOPERATIVE HOUSING AS A JUSTICE-ORIENTED SOLUTION TO THE CLIMATE AND AFFORDABLE HOUSING CRISES |
37 Georgetown Environmental Law Review 325 (Spring, 2025) |
Across the United States, communities are facing two simultaneous and interrelated crises: climate change and scarce affordable housing. These crises are becoming more salient as severe weather events become more frequent, severe, and extensive, and as tens of millions of Americans struggle to afford a place to live. They also exacerbate each... |
2025 |
| Savannah Collins |
COME HOME OR HIGH WATER: HOW NATIONAL FLOOD INSURANCE REQUIREMENTS ARE CREATING REDLINING 2.0 |
26 Vermont Journal of Environmental Law 144 (Winter, 2025) |
ABSTRACT. 145 PRECIS. 145 I. REDLINING, FLOODING, & AVAILABLE FEDERAL TOOLS. 147 A. Redlining and Its Implications Today. 148 B. Floodplains and Housing Problems. 149 C. Federal Government Responses to Flooding. 150 D. The Inflation Reduction Act and Its Applications. 152 E. Takings Jurisprudence. 154 II. TAKING BACK HABITABILITY: NEW ORLEANS AS A... |
2025 |
| Elizabeth Gyori |
COMMODIFYING PUBLIC HOUSING: NEW YORK CITY'S USE OF THE RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM AS NEOLIBERAL POLITICAL PROJECT, LEGAL RATIONALITY AND NORMATIVE THEORY |
48 New York University Review of Law and Social Change 1 (2025) |
As public housing across the U.S. has seen diminished investment, increased repair needs, and management dysfunction, public housing authorities have turned to programs such as the federal Rental Assistance Demonstration (RAD) program to provide critically necessary repairs and in search of future stability. Billed as a cost-neutral private-public... |
2025 |
| M. Alexander Pearl |
CORPOREAL PROPERTY AND THE LIMITS OF NAGPRA |
94 Fordham Law Review 457 (November, 2025) |
Introduction. 457 I. Western Legal Traditions of Property. 458 II. Historical Conduct and the Inertia of Native Mythology. 466 III. Updates to NAGPRA and a New Category of Contemporary Harms to Tribal Communities: Federal Indian Boarding Schools. 472 IV. Guiding Principles for Restoration of Tribal Cultures and Languages. 477 Conclusion. 482 |
2025 |
| Reginald A. Merilus |
CRIMINAL BACKGROUND CHECKS: GATEKEEPERS OF DISCRIMINATION IN HOUSING AND THE FEDERAL HOUSING ADMINISTRATION'S ACCOUNTABILITY |
49 Nova Law Review 47 (Winter, 2025) |
I. Introduction. 47 II. A Collateral Consequence of Incarceration. 55 III. Criminal Background Screenings As Sex Discrimination. 58 IV. Disparate Impact Theory. 60 V. Criminal Background Screening Practices. 64 A. Conn. Fair Hous. Ctr. v. CoreLogic Rental Prop. Sol.'s, LLC. 66 B. HUDs 2015 Guidance on the Use of Criminal Background Screenings. 67... |
2025 |
| Peter J. Hammer |
CROSSING REDLINES IN HOUSING SEGREGATION AND THE COLD WAR: SIPES v. MCGHEE AND U.S. v. DENNIS |
25 Journal of Law in Society 1 (Winter, 2025) |
C1-2CONTENTS Abstract. 1 Introduction. 2 I. The History of Housing Segregation in Detroit. 5 II. Crossing the Red Line - Housing Segregation and Sipes v. McGhee. 13 III. Crossing the Redline - The Cold War and United States v. Dennis. 24 IV. The Legacy of the Cold War. 32 V. The Legacy of Sipes v. McGhee. 37 Conclusion. 41 |
2025 |
| Telia Mary U. Williams |
DANCING ABOUT ARCHITECTURE: A CASE FOR THE ATTENUATION OF TRADEMARK OWNERSHIP IN FAVOR OF CULTURAL PROPERTY |
74 American University Law Review Forum 243 (June, 2025) |
Celebrated Cuban writer and musicologist Alejo Carpentier may have been the first to make the somewhat cryptic pronouncement that writing about music is like dancing about architecture, a maxim meant to acknowledge the apparent incongruity of two different artistic media and the evident futility of expressing some ideas in mere words. Likewise,... |
2025 |
| Christina Mulligan |
DATA PROPERTY & DIGITAL SALES |
58 Loyola of Los Angeles Law Review 619 (Summer, 2025) |
Copyright law fails utterly to develop a coherent concept of digital sales. Printed books and vinyl records are easily sold and resold, with the copyright holder's permission or under the first sale doctrine. But a creator of digital copyrighted works who wants to analogously sell their work to buyers faces what borders on an absurdity;... |
2025 |
| Michael C. Pollack , Matthew Tokson |
DECENTERING PROPERTY IN FOURTH AMENDMENT LAW |
92 University of Chicago Law Review 705 (May, 2025) |
For the past several decades, privacy has been the primary conceptual foundation for Fourth Amendment search law. The canonical test for Fourth Amendment searches accordingly looks to whether the government has violated a person's reasonable expectation of privacy. Yet privacy is no longer the sole determinant of Fourth Amendment protection, as the... |
2025 |
| Deborah N. Archer , Joseph R. Schottenfeld |
DEFENDING HOME: TOWARD A THEORY OF COMMUNITY EQUITY |
92 University of Chicago Law Review 2199 (December, 2025) |
Predominantly Black communities have long been systematically segregated and sequestered, then intentionally sacrificed, to feed the United States' growth and expansion. The burdens of development--including roads and highways, sewage, communications, and power infrastructure--and efforts to respond to the challenges of climate change, all fall... |
2025 |
| David Tisel |
DEFENDING THE RIGHT TO REMAIN FOR MOBILE HOME RESIDENTS UNDER VIRGINIA LAW |
47 New York University Review of Law and Social Change 574 (2025) |
Most owners of mobile homes, also known as manufactured homes, rent the underlying land from a private mobile home park owner. Popular perception of manufactured housing as mobile belies the reality that most of these homes are never moved after their delivery from the factory. Even though mobile home residents typically lose their homes or sell... |
2025 |
| Faith O. Majekolagbe |
DEVELOPING AN INDIGENIZED LIMITATIONS AND EXCEPTIONS FRAMEWORK WITHIN THE GLOBAL INTELLECTUAL PROPERTY SYSTEM |
66 Harvard International Law Journal 209 (Summer, 2025) |
A key issue in international intellectual property (IP) negotiations for protecting Indigenous interests in genetic resources, traditional knowledge, and cultural expression is the integration of the framework of limitations and exceptions (L&Es). This framework allows certain acts that would otherwise infringe on IP rights and protection,... |
2025 |
| Caroline DiCostanzo |
DILUTING THE DEFENSE OF PROPERTY: FLAWED DECISION IN NAVAJO NATION v. URBAN OUTFITTERS EMPHASIZES NEED FOR NEW STANDARD IN THE FEDERAL CIRCUIT |
34 Federal Circuit Bar Journal 151 (2025) |
We believe in protecting our Nation, our artisans, designs, prayers and way of life . We expect that any company considering the use of the Navajo name, or our designs or motifs, will ask us for our permission. --Navajo Nation President Russell Begaye For centuries, Native American imagery has been glorified. From sports mascots to fashion... |
2025 |
| Stacy E. Seicshnaydre |
ELIMINATING EXTRATEXTUAL EXEMPTIONS FROM THE FAIR HOUSING ACT |
57 Connecticut Law Review 1109 (May, 2025) |
The Supreme Court has held that the language of the Fair Housing Act (FHA) is broad and inclusive, and the Court has given it a broad construction. Correspondingly, the traditional interpretive canons suggest that courts must construe exceptions narrowly. However, some courts have restricted coverage under the FHA by broadly reading an... |
2025 |
| Elizabeth Elia |
EMBRACE THE SUCK: WHY STATES AND LOCALITIES SHOULD USE PROPERTY RIGHTS TO FIX BROKEN HOUSING VOUCHER PROGRAMS |
28 Lewis & Clark Law Review 657 (2025) |
The largest federal affordable housing program is an income supplement program called Housing Choice Vouchers (formerly Section 8). When a low-income person has a housing voucher, they find and rent privately owned, market-rate housing. The tenant pays a portion of the rent, and the federal Department of Housing and Urban Development pays the rest... |
2025 |
| Donna Arzanipour |
ENHANCING THE UNIFORM PARTITION OF HEIRS PROPERTY ACT: THE NEED FOR BROADER USE AND ESSENTIAL MODIFICATIONS |
40 Touro Law Review 581 (2025) |
The Uniform Partition of Heirs Property Act (UPHPA) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property.... |
2025 |
| Peter Pitegoff |
EQUITABLE HOUSING POLICY |
77 Maine Law Review 175 (June, 2025) |
This symposium issue of the Maine Law Review focuses on the housing crisis in Maine and throughout the nation. The touchstone for the articles published here is how best to achieve more just and equitable housing in Maine. Borrowing from the old political maxim, As Maine goes, so goes the nation, this volume also reflects the Maine experience as... |
2025 |
| Emily Cruz |
EVICTED PROMISES: GRANTS PASS LEAVES HOUSING FIRST OUT IN THE COLD |
57 University of the Pacific Law Review 57 (November, 2025) |
C1-2Table of Contents I. Introduction. 58 II. The Judicial Hike From Boise, Idaho to Grants Pass, Oregon. 60 A. Martin. 60 B. Martin's Shoddy Workmanship. 61 C. Grants Pass. 62 III. Laying the Foundation for Housing First. 63 IV. From Shelter to Shackles. 64 V. Grants Pass and the Broken Promise of Housing First. 67 VI. Rebuilding the Framework for... |
2025 |
| Alexander D. Lewis |
FIX HOUSING TO FIX AMERICA: UNLOCKING HOUSING ABUNDANCE WITH LAND-USE REFORM |
50 Journal of Corporation Law 775 (March, 2025) |
I. Introduction. 775 II. Background. 777 A. What the Housing Crisis looks like. 777 B. The Origins of Zoning. 779 C. Current Forms of Local Land Use Controls. 782 D. History of Cost Benefit Analysis. 784 E. CBA of Zoning Restrictions. 785 F. Current Efforts to Reform Local Land Use Restrictions. 792 III. Analysis. 795 A. Montana Miracle v.... |
2025 |
| Maya Buenaventura , Paul Heaton |
FORCED OUT?: CIVIL LEGAL ACCESS AND HOUSING STABILITY |
52 Fordham Urban Law Journal 697 (March, 2025) |
Recent legal developments, including the U.S. Supreme Court's decision in City of Grants Pass v. Johnson and the proposed Eviction Right to Counsel Act of 2024, have highlighted the urgency of addressing housing instability and homelessness. Some have advocated expanding access to legal counsel as one solution. In the United States, tenants usually... |
2025 |
| Codi Royall |
FROM GREAT MIGRATION TO GENTRIFICATION: HEIRS PROPERTY IN THE URBAN CONTEXT |
45 Northern Illinois University Law Review 246 (Spring, 2025) |
The current legal framework, including common law doctrine, individual state statutes, and the Uniform Partition of Heirs Property Act (UPHPA), fails to meet the needs of heirs property owners in urban communities. This oversight allows real estate speculators to exploit the law, accelerating gentrification, urban blight, displacement of heirs, and... |
2025 |
| Ashton Austin |
FROM PROPERTY RIGHTS TO HUMAN RIGHTS: COMBATING FORCED PARTITION IN LOUISIANA WITH THE UNIFORM PARTITION OF HEIRS PROPERTY ACT |
85 Louisiana Law Review 735 (Winter, 2025) |
C1-3Table of Contents Introduction. 736 I. The Current Status of Louisiana Property Law with Respect to Co-ownership and Partition. 744 A. Partition. 745 B. Partition In Kind--A Rarely Used Default Rule. 747 C. Setting a Minimum Ownership Interest. 748 D. Strengthened Preference for Private Sale. 749 E. Newspaper Notice. 752 II. Heirs Property: A... |
2025 |
| Robert G. Schwemm |
GILEAD: MUNICIPAL LIABILITY FOR PUNITIVE DAMAGES UNDER THE FAIR HOUSING ACT |
57 Connecticut Law Review 1053 (May, 2025) |
The 1968 Fair Housing Act (FHA) has always been understood to apply to local governments, which have proved to be among the most frequent and significant violators of this law, especially in their opposition to housing of particular value to racial minorities and persons with disabilities. Yet not until the Second Circuit's decision last year in... |
2025 |
| Bo Yan J. Moran, JD |
GOLD RUSH ANTI-CHINESE RACISM: THE BIRTH OF SAN FRANCISCO'S HOUSING CRISIS |
29 U.C. Davis Social Justice Law Review 123 (Winter, 2025) |
C1-2Table of Contents Introduction. 124 I. Anti-Chinese Immigrant Segregation in the Late 1800s to Early 1900s: A San Francisco Experience. 127 A. The First Big Wave of Chinese Immigration to San Francisco. 127 B. Property and Land Use Restrictions: A Proven Exclusionary Tool Against Asians. 129 C. Chinese Laundry Cases. 131 II. Exclusionary... |
2025 |
| Yiran Zhang |
HOME AS NON-WORKPLACE |
105 Boston University Law Review 911 (April, 2025) |
Individuals have worked, are working, and will work in homes. During the COVID-19 pandemic, the home was once the most common workplace. However, work law does not consistently treat the home as a workplace by default. Judges, politicians, and other lawmakers continue to entrench an ideological intuition that characterizes home as less coercive,... |
2025 |
| Collin Cahill |
HOME SWEET HOME DEDUCTION |
25 U.C. Davis Business Law Journal 29 (April, 2025) |
Introduction. 31 I. Vice President Harris' Plan. 32 II. A Plan of New Construction. 34 A. Eligibility. 34 B. Mechanics. 35 i. What Kind of Deduction and the Penalties. 35 ii. Clawbacks. 36 III. Why Saving Should Trump Spending. 37 A. Maintaining a House and Maintaining One's Wealth. 38 B. Increase Homeownership, Don't Inflate It!. 39 C.... |
2025 |
| Rigel C. Oliveri |
HOUSING SEXUAL HARASSMENT: A DEPARTMENT OF JUSTICE CASE STUDY |
33 Journal of Affordable Housing & Community Development Law 161 (2025) |
Introduction. 161 I. Background on Sexual Harassment in Housing. 163 A. Legal Background. 163 B. State of Research. 166 II. The DOJ Study. 168 A. Description. 168 B. Results. 171 1. Identity of the Perpetrator. 171 2. Conduct. 172 3. Victim Complaints. 175 4. Type of Housing Where Harassment Occurred. 175 III. Significance of the Findings. 176 A.... |
2025 |
| Carla D. Pratt |
INDIANNESS AS PROPERTY |
105 Boston University Law Review 311 (February, 2025) |
This Article expands upon the seminal work by Cheryl Harris entitled Whiteness as Property by exploring the intersection of race and property through Indianness. Indianness has been constructed as a form of property conferring rights and privileges to its holders which this Article examines through the inertial relationship between race and legal... |
2025 |
| Aisling M. McMahon , School of Law and Criminology, Maynooth University, Ireland |
INTELLECTUAL PROPERTY RIGHTS AND GLOBAL ACCESS TO HEALTH TECHNOLOGIES DURING PANDEMICS: REFLECTING ON VACCINE NATIONALISM, COVID-19 & THE WHO PANDEMIC AGREEMENT NEGOTIATIONS -- THE NEED FOR COLLECTIVE ACTION AND INSTITUTIONAL CHANGE |
53 Journal of Law, Medicine & Ethics 398 (Fall, 2025) |
Focusing on intellectual property rights (IPRs) and their role in global access to vaccines during the COVID-19 pandemic, this article argues that key aspects of the current institutional system align towards delivering individualistic state/regional/rightsholders priorities in the use of IPRs over pandemic health technologies. This played a key... |
2025 |