| Author | Title | Citation | Summary | Year |
| Peter S. Menell |
BANKRUPTCY TREATMENT OF INTELLECTUAL PROPERTY ASSETS: AN ECONOMIC ANALYSIS |
22 Berkeley Technology Law Journal 733 (Spring 2007) |
I. INTRODUCTION. 735 II. CONTRASTING APPROACHES TO ASSET MANAGEMENT: INTELLECTUAL PROPERTY LAWS VERSUS THE BANKRUPTCY SYSTEM. 737 A. Intellectual Property Law: The Ex Ante Perspective. 737 1. The Goals of Intellectual Property Law. 738 2. Intellectual Property Transactions. 741 a) Patents. 741 b) Copyrights. 743 c) Trade Secrets. 747 d) Trademarks.... |
2007 |
| Allegra di Bonaventura |
BEATING THE BOUNDS: PROPERTY AND PERAMBULATION IN EARLY NEW ENGLAND |
19 Yale Journal of Law & the Humanities 115 (Summer 2007) |
In 1654, lay historian Edward Johnson wrote of the colonial project in New England in flushed, sanguine terms: Thus hath the Lord been pleased to turn one of the most hideous, boundless, and unknown wildernesses in the world in an instant, as twere, .[ . .] to a well-ordered commonwealth. Colonists who came from England in the... |
2007 |
| Laura A. Rosenbury |
BETWEEN HOME AND SCHOOL |
155 University of Pennsylvania Law Review 833 (April, 2007) |
Family law in the United States has long embraced the image of a triangle to describe the allocation of legal authority over childrearing. Parents, children, and the state stand at the three points of this triangle. Much of family law concerns when parental authority over children should trump state interests, when state interests should trump... |
2007 |
| Charles Martel |
BRING IT ON HOME: A GULF COAST MARSHALL PLAN BASED ON INTERNATIONAL HUMANITARIAN STANDARDS |
32 Vermont Law Review 57 (Fall, 2007) |
Two years after Hurricanes Katrina and Rita, many parts of New Orleans and the Gulf Coast are still devastated, and the needs of millions of residents remain unmet. One independent study summarized the need for more robust federal action saying: The federal disaster aid programs now in place were never designed to handle the scale of catastrophic... |
2007 |
| Michael J. Percy |
BRITISH PROPERTY LAW AND HUMAN RIGHTS: POSSIBLE LESSONS FROM THE UNITED STATES CONSTITUTION |
5 Santa Clara Journal of International Law 562 (2007) |
The adoption of the Human Rights Act 1998 (HRA) has brought home the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) to British domestic law. Historically, property lawyers in the United Kingdom ignored any possible human rights aspects of their work. This was probably an error since the Convention has... |
2007 |
| Henry Korman |
CLASH OF THE INTEGRATIONISTS: THE MISMATCH OF CIVIL RIGHTS IMPERATIVES IN SUPPORTIVE HOUSING FOR PEOPLE WITH DISABILITIES |
26 Saint Louis University Public Law Review 3 (2007) |
A northeastern state embarked on an ambitious planning effort to develop supportive housing opportunities for homeless people with serious mental illnesses in subsidized, scattered site, community-based apartments as an alternative to hospitalization and placement in halfway houses. The initiative brought together state mental health officials,... |
2007 |
| Tom Allen |
COMPENSATION FOR PROPERTY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS |
28 Michigan Journal of International Law 287 (Winter 2007) |
I. Introduction. 287 II. The Rise of the Balancing Principle. 291 A. P1-1 as a Guarantee of the Rule of Law. 292 B. The Rejection of the Rule-of-Law Model and the Adoption of the Integrated Theory. 294 1. The Source of the Fair Balance Test. 294 2. Compensation and the Fair Balance. 298 C. Comparative Legal Method and Compensation. 301 III. The... |
2007 |
| D. Trey Jordan |
CONTINUING CARE RETIREMENT COMMUNITIES VERSUS THE FAIR HOUSING ACT: INDEPENDENT LIVING AND INVOLUNTARY TRANSFER |
9 Marquette Elder's Advisor 205 (Fall 2007) |
America's population is aging. The Baby Boomers are beginning to reach retirement age. The number and percentage of seniors is dramatically increasing, and the numbers will explode in 2011, as the Baby Boomers begin to reach age sixty-five. With an aging population, issues including Social Security, health care, Medicaid, and housing must be... |
2007 |
| Jeffrey M. Sussman |
CYBERSPACE: AN EMERGING SAFE HAVEN FOR HOUSING DISCRIMINATION |
19 Loyola Consumer Law Review 194 (2007) |
By its nature, the Internet facilitates relatively unregulated communication between strangers. In the abstract, many websites are like a newspaper's classified section. They take postings created by individuals and facilitate their availability to third parties. This article looks at whether websites, such as Craigslist , that function as a medium... |
2007 |
| Eric M. Carlson |
DISABILITY DISCRIMINATION IN LONG-TERM CARE: USING THE FAIR HOUSING ACT TO PREVENT ILLEGAL SCREENING IN ADMISSIONS TO NURSING HOMES AND ASSISTED LIVING FACILITIES |
21 Notre Dame Journal of Law, Ethics & Public Policy 363 (2007) |
Before making an admission decision, a nursing home often requires an applicant to disclose a significant portion of her medical records. The applicant likely presumes that the nursing home needs this information to determine if the nursing home can meet her health care needs. This presumption is often wrong. The information is reviewed not by... |
2007 |
| Keith Aoki |
DISTRIBUTIVE AND SYNCRETIC MOTIVES IN INTELLECTUAL PROPERTY LAW (WITH SPECIAL REFERENCE TO COERCION, AGENCY, AND DEVELOPMENT) |
40 U.C. Davis Law Review 717 (March, 2007) |
Introduction. 719 I. Raising the Question of the Distribution of the Benefits and Burdens of Intellectual Property Law. 726 II. Distributive Motives in U.S. Patent Law. 738 A. Race, Agency, and Coercion in Early U.S. Patent Law. 738 B. Eli Whitney and the Cotton Gin. 745 III. Distributive Aspects of U.S. Copyright Law. 747 A. History of the World,... |
2007 |
| Marisa Bono |
DON'T YOU BE MY NEIGHBOR: RESTRICTIVE HOUSING ORDINANCES AS THE NEW JIM CROW |
3 Modern American 29 (Summer-Fall, 2007) |
We can, of course, little more than hypothesize how our racial passions first began to overtake us, how humankind's obsession to embrace the similar and despise the different got stuck in our communal psyche .. Jerold M. Packard They're taking our jobs, our homes. There's unemployment partly because of the Hispanics. The lady who took my job is... |
2007 |
| Timothy Overton |
EMPTY LAWS MAKE FOR EMPTY STOMACHS: HOLLOW PUBLIC HOUSING LAWS IN UTAH AND OTHER STATES FORCE THE NATION'S POOR TO CHOOSE BETWEEN ADEQUATE HOUSING AND LIFE'S OTHER NECESSITIES |
21 BYU Journal of Public Law 495 (2007) |
Section 8, the projects, vouchers, rental assistance, affordable housing, the tax credit, low-income housing and moderate-income housing are all words or terms used to describe forms of public housing. Public housing programs are designed to provide housing or housing assistance to persons and families with very low to moderate income, to elderly... |
2007 |
| Kristen M. Ross |
EVICTION, DISCRIMINATION, AND DOMESTIC VIOLENCE: UNFAIR HOUSING PRACTICES AGAINST DOMESTIC VIOLENCE SURVIVORS |
18 Hastings Women's Law Journal 249 (Summer 2007) |
Survivors of domestic violence often suffer a wide array of physical and psychological effects. Common physical injuries include lacerations, bruises, broken bones, head injuries, and internal bleeding. Psychological effects such as depression and post-traumatic stress disorder are also common. Additionally, many survivors face the horror of being... |
2007 |
| Bernadette Atuahene |
FROM REPARATION TO RESTORATION: MOVING BEYOND RESTORING PROPERTY RIGHTS TO RESTORING POLITICAL AND ECONOMIC VISIBILITY |
60 SMU Law Review 1419 (Fall 2007) |
I. INTRODUCTION. 1420 II. INVISIBILITY. 1425 A. Property Confiscation Can Remove Individuals and Communities from the Social Contract and Render Them Invisible. 1425 B. Widespread Property Induced Invisibility Can Lead to Increased Enforcement Costs and Political and Economic Instability. 1440 III. RESTORATION. 1444 A. The Importance and Limits of... |
2007 |
| Robert W. Seifert |
HOME SICK: HOW MEDICAL DEBT UNDERMINES HOUSING SECURITY |
51 Saint Louis University Law Journal 325 (Winter 2007) |
Anyone can get health care if they really need it. This is a typical response to the reality of growing numbers of uninsured and inadequately insured people in the United States. Americans believe that a safety net of emergency rooms, free clinics, and other facilities are available to provide care to those without the means to pay for it, so... |
2007 |
| Rob Wilcox |
HOUSING IN POST-KATRINA NEW ORLEANS: LEGAL RIGHTS AND RECOURSES FOR DISPLACED AFRICAN-AMERICAN RESIDENTS |
2 Northwestern Journal of Law & Social Policy 105 (Summer, 2007) |
Hurricane Katrina dramatically changed the lives of more than one million Americans, evoking passion and tension around the nation. Katrina's devastating impact has left hundreds of thousands of Americans without adequate shelter and without a guaranteed prospect for shelter. Rebuilding New Orleans will take years, and a pressing question is for... |
2007 |
| John Kimble |
INSURING INEQUALITY: THE ROLE OF THE FEDERAL HOUSING ADMINISTRATION IN THE URBAN GHETTOIZATION OF AFRICAN AMERICANS |
32 Law and Social Inquiry 399 (Spring, 2007) |
A reexamination of Federal Housing Administration (FHA) documents reveals that the agency played a more direct role in the ghettoization of African Americans than previous scholarship has established. The FHA went far beyond merely approving of racial discrimination, and exploring the extent to which it did so is crucial to understanding the... |
2007 |
| Matthew D. Hemmer |
KEEPING YOUR NAME AND IMAGES PRIVATE-HOW EXISTING PROPERTY LAW AND REQUESTS FOR REMOVAL COULD STOP UNAUTHORIZED DISPLAY OF YOUR IDENTITY ONLINE |
34 Northern Kentucky Law Review 723 (2007) |
The modern internet provides users with numerous ways to submit their own content, interact with others, and reach vast audiences without the entry costs that previously limited the scale of low cost communication mediums. Many of these online services that present user submitted materials receive their content anonymously or with little verifiable... |
2007 |
| Lynn M. Clark, M.P.A, J.D., Doctoral Candidate Department of Sociology, University of Akron, Ohio |
LANDLORD ATTITUDES TOWARD RENTING TO RELEASED OFFENDERS |
71-JUN Federal Probation 20 (June, 2007) |
THIS STUDY EXPLORES landlords' perspectives toward housing released criminal offenders. Prior research has focused on the barriers offenders face in trying to find employment, housing, life stability, solutions for homelessness, or community reentry programs. Housing is often cited as a hurdle to successful reentry, but little research has been... |
2007 |
| Christopher Serkin |
LOCAL PROPERTY LAW: ADJUSTING THE SCALE OF PROPERTY PROTECTION |
107 Columbia Law Review 883 (May, 2007) |
This Article proposes that issues surrounding the protection of private property should be resolved at the local level, and that local governments should be allowed to select the property protection that they want to offer. Specifically, this Article proposes state legislation to create a mechanism for local precommitments around the most contested... |
2007 |
| Sean Romero |
MASS FORCED EVICTIONS AND THE HUMAN RIGHT TO ADEQUATE HOUSING IN ZIMBABWE |
5 Northwestern Journal of International Human Rights 275 (Spring, 2007) |
A formidable problem faces urban populations in developing countries today, as seventy-five percent live[] in informal housing: dwellings which have been constructed without the required permission, without the full title to land . [but] provide shelter to 1.5 billion people, or a quarter of the world's population. Zimbabwe contributes to these... |
2007 |
| Cleveland Ferguson III |
OF POLITICS AND POLICY: CAN THE U.S. MAINTAIN ITS CREDIBILITY ABROAD WHILE IGNORING THE NEEDS OF ITS CHILDREN AT HOME?--REVISITING THE U.N. CONVENTION ON THE RIGHTS OF THE CHILD AS A TRANSNATIONAL FRAMEWORK FOR LOCAL GOVERNING |
14 Tulsa Journal of Comparative & International Law 191 (Spring 2007) |
Americans from every political persuasion want the president of the United States, as an institution, to set sustainable domestic policy, carry the mantle as leader of the free world, and head the world's only superpower with high credibility and near-boundless international political capital in foreign policy. Much has happened since September 11,... |
2007 |
| Tim Iglesias |
OUR PLURALIST HOUSING ETHICS AND THE STRUGGLE FOR AFFORDABILITY |
42 Wake Forest Law Review 511 (Summer 2007) |
Building on recent scholarship, this Article explores the five housing ethics that have historically shaped U.S. housing law and policy: (1) housing as an economic good, (2) housing as home, (3) housing as a human right, (4) housing as providing social order, and (5) housing as one land use in a functional system. The housing ethic framework... |
2007 |
| |
OVERCOMINING DISCRIMINATION IN HOUSING, CREDIT, AND URBAN POLICY |
25 Buffalo Public Interest Law Journal 77 (2006-2007) |
April 7, 2006 9:00 a.m. -- 5:15 p.m. Letro Courtroom Good morning, everyone. On behalf of UB Law School and the Baldy Center on Law and Social Policy and the Buffalo Seminar on Racial Justice, I want to welcome you heartily to the Workshop on Overcoming Racial Discrimination in Housing, Credit and Urban Policy. My name is Carl Nightingale, I'm the... |
2007 |
| Jedediah Purdy |
PROPERTY AND EMPIRE: THE LAW OF IMPERIALISM IN JOHNSON V. M'INTOSH |
75 George Washington Law Review 329 (February, 2007) |
Chief Justice Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823), has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned,... |
2007 |
| John A. Lovett |
PROPERTY AND RADICALLY CHANGED CIRCUMSTANCES |
74 Tennessee Law Review 463 (Summer, 2007) |
Hurricane Katrina has altered the way this nation discusses many important issues-race, environmental protection, and federalism to name just a few. But did Hurricane Katrina change theway people think about fundamental property relationships as well? Many scholars have sought to discern broad political, social, and economic lessons from Katrina,... |
2007 |
| Eduardo Moisés Peñalver , Sonia K. Katyal |
PROPERTY OUTLAWS |
155 University of Pennsylvania Law Review 1095 (May, 2007) |
Most people do not hold those who intentionally flout property laws in particularly high regard. The overridingly negative view of the property lawbreaker as a wrongdoer comports with the status of property rights within our characteristically individualist, capitalist, political culture. This reflexively dim view of property lawbreakers is also... |
2007 |
| Mark Tushnet |
PROPERTY, CONTRACTS, AND POLITICS |
105 Michigan Law Review 1223 (April, 2007) |
Degrees of Freedom: Louisiana and Cuba after Slavery. By Rebecca J. Scott. Cambridge and London: Harvard University Press. 2005. Pp. xi, 365. $29.95. Rebecca Scott is a historian, not an economist. Describing how a dispute over a mule's ownership was resolved, Professor Scott reproduces a receipt two claimants left when they took the mule from the... |
2007 |
| Jennifer C. Johnson |
RACE-BASED HOUSING IMPORTUNITIES: THE DISPARATE IMPACT OF REALISTIC GROUP CONFLICT |
8 Loyola Journal of Public Interest Law 97 (Spring 2007) |
At the very least, the freedom that Congress is empowered to secure under the Thirteenth Amendment includes the freedom to buy whatever a white man can buy, the right to live wherever a white man can live. If Congress cannot say that being a free man means at least this much, then the Thirteenth Amendment made a promise the Nation cannot keep.... |
2007 |