| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |
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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 |
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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 |
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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 |
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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 |