| Author | Title | Citation | Summary | Year |
| Jonathan Kahn |
RACE-ING PATENTS/PATENTING RACE: AN EMERGING POLITICAL GEOGRAPHY OF INTELLECTUAL PROPERTY IN BIOTECHNOLOGY |
92 Iowa Law Review 353 (February, 2007) |
I. Introduction. 355 II. Race, Genes, and Drug Development. 360 III. Producing and Organizing Social Data on Race and Ethnicity: OMB Directive 15. 366 IV. Producing and Organizing Genetic Information: Federally Sponsored Genetic Databases. 368 V. BiDil: Portent of Things to Come. 379 VI. The Rise of Racial Patents. 383 A. Patent Law Basics. 383 B.... |
2007 |
| Tanya D. Marsh , Robert G. Solloway |
RECENT DEVELOPMENTS IN INDIANA REAL PROPERTY LAW |
40 Indiana Law Review 1067 (2007) |
This Article takes a topical approach to the notable real property cases in the courts of the State of Indiana in this survey period, October 1, 2005, through September 30, 2006, and analyzes noteworthy cases in each of the following areas: restrictive covenants, contracts, landlord/tenant law, governmental action and eminent domain, tax sales,... |
2007 |
| Michael Kagan |
RESTITUTION AS A REMEDY FOR REFUGEE PROPERTY CLAIMS IN THE ISRAELI-PALESTINIAN CONFLICT |
19 Florida Journal of International Law 421 (August, 2007) |
Property restitution has posed a significant challenge for international law since the end of the Cold War, particularly as the international community has worked to resolve conflicts that involved substantial population displacement along ethnic lines. Although restitution has deep roots in international law, recent cases of conflict resolution... |
2007 |
| James D. Shanahan |
RETHINKING THE COMMUNICATIONS DECENCY ACT: ELIMINATING STATUTORY PROTECTIONS OF DISCRIMINATORY HOUSING ADVERTISEMENTS ON THE INTERNET |
60 Federal Communications Law Journal 135 (December, 2007) |
Congress passed the Communications Decency Act (CDA) with the intention of supporting and encouraging the proliferation of information on the Internet. The CDA gives Internet service providers immunity to any cause of action in which they might be treated as publishers of content originating from third parties. A significant goal of this... |
2007 |
| J. H. Huebert , Walter Block |
SPACE ENVIRONMENTALISM, PROPERTY RIGHTS, AND THE LAW |
37 University of Memphis Law Review 281 (Winter, 2007) |
I. L2-3,T3Introduction 281. A. Types of Environmentalism. 283 B. What is the Space Environment?. 290 II. L2-3,T3Property Rights and Problems of Space Pollution 292. A. Is Space Pollution even Possible?. 292 B. Air and Water Pollution in Space. 293 C. Other Pollution on the Moon and Celestial Bodies. 295 D. Space: The Ultimate Waste Dump. 296 E.... |
2007 |
| Rachel Kurth |
STRIKING A BALANCE BETWEEN PROTECTING CIVIL RIGHTS AND FREE SPEECH ON THE INTERNET: THE FAIR HOUSING ACT VS. THE COMMUNICATIONS DECENCY ACT |
25 Cardozo Arts and Entertainment Law Journal 805 (2007) |
I. Introduction. 805 II. The Civil Rights Act of 1968 (The Fair Housing Act). 807 A. History of Segregated Housing in America. 807 B. Shelley v. Kraemer. 808 C. Enaction. 812 D. Scope of Protection. 813 E. Why is Integrated Housing So Important?. 814 F. Enforcement. 815 III. The Communications Decency Act of 1996. 818 A. The Internet. 818 B. The... |
2007 |
| Madeline Howard |
SUBSIDIZED HOUSING POLICY: DEFINING THE FAMILY |
22 Berkeley Journal of Gender, Law & Justice 97 (2007) |
Since the Great Depression, the federal government has provided housing for families who are unable to afford market rent. Government-subsidized housing was originally intended to serve traditionally structured families, with a working husband and a wife who labored in the home caring for children. Government housing policies have become more... |
2007 |
| Brian Patrick Larkin |
THE FORTY-YEAR "FIRST STEP": THE FAIR HOUSING ACT AS AN INCOMPLETE TOOL FOR SUBURBAN INTEGRATION |
107 Columbia Law Review 1617 (November, 2007) |
The Fair Housing Act serves as the primary federal statute prohibiting housing discrimination on the basis of race. The legislators who passed the Act in 1968 were motivated in part by desires to quell urban unrest, and to provide middle-class African Americans with the freedom to live within majority-white suburban neighborhoods. The Act, through... |
2007 |
| Carol Necole Brown , Serena M. Williams |
THE HOUSES THAT EMINENT DOMAIN AND HOUSING TAX CREDITS BUILT: IMAGINING A BETTER NEW ORLEANS |
16-SUM Journal of Affordable Housing & Community Development Law 377 (Summer, 2007) |
Throughout its history, New Orleans has been largely immune to brilliant and innovative ideas. Indeed, this is one of its principal charms. If you are not a native New Orleanian, ask yourself why you decided to live here and chances are it has something to do with what Ignatius J. Reilly described as New Orleans' stagnation and apathy which I find... |
2007 |
| Carol Necole Brown , Serena M. Williams |
THE HOUSES THAT EMINENT DOMAIN AND HOUSING TAX CREDITS BUILT: IMAGINING A BETTER NEW ORLEANS |
34 Fordham Urban Law Journal 689 (March, 2007) |
Throughout its history, New Orleans has been largely immune to brilliant and innovative ideas. Indeed, this is one of its principal charms. If you are not a native New Orleanian, ask yourself why you decided to live here and chances are it has something to do with what Ignatius J. Reilly described as New Orleans' stagnation and apathy which I find... |
2007 |
| Will Lovell |
THE KELO BLOWBACK: HOW THE NEWLY-ENACTED EMINENT DOMAIN STATUTES AND PAST BLIGHT STATUTES ARE A MAGINOT LINE-DEFENSE MECHANISM FOR ALL NON-AFFLUENT AND MINORITY PROPERTY OWNERS |
68 Ohio State Law Journal 609 (2007) |
Government is instituted to protect property. . . . This being the end of government. ~James Madison The states' reactions to Kelo v. City of New London served as a fierce rebuke of the Supreme Court's broad interpretation of the Fifth Amendment's public use clause. States quickly passed laws and moratoria barring any governmental takings of... |
2007 |
| Carol M. Rose |
THE MORAL SUBJECT OF PROPERTY |
48 William and Mary Law Review 1897 (April, 2007) |
I ain't the woman in red, I ain't the girl next door But if somewhere in the middle's what you're lookin' for I'm that kind of girl .... Matraca Berg/Ronnie Samoset, I'm That Kind of Girl, sung by Patty Loveless on On Down the Line (MCA Records 1990). Utopians do not like private property. In one of the most notorious incidents of the Reformation... |
2007 |
| Stacy E. Seicshnaydre |
THE MORE THINGS CHANGE, THE MORE THEY STAY THE SAME: IN SEARCH OF A JUST PUBLIC HOUSING POLICY POST-KATRINA |
81 Tulane Law Review 1263 (March, 2007) |
It is tempting to view Hurricane Katrina as the singular force behind the current affordable housing crisis in the greater New Orleans area. But other enduring forces are at work. Much like in the early days of affordable housing development, we confront a false dichotomy that would have us choose between affordable housing supplied on a segregated... |
2007 |
| Rebecca M. Bratspies |
THE NEW DISCOVERY DOCTRINE: SOME THOUGHTS ON PROPERTY RIGHTS AND TRADITIONAL KNOWLEDGE |
31 American Indian Law Review 315 (2006-2007) |
The recent commercial success of products developed with resort to the knowledge of traditional cultures, such as hoodia, has convinced many that biological resources, particularly when accompanied by traditional knowledge about how to exploit these resources, will be a new gold mine in the twenty-first century. Like all gold rushes, the scramble... |
2007 |
| C. Barrett Pasquini |
THE TAX CONSEQUENCES OF THE STATUTORY RIGHT OF REDEMPTION IN PROPERTY FORECLOSURES |
48 William and Mary Law Review 1497 (March, 2007) |
In November of 2001, the National Bureau of Economic Research officially declared the U.S. economy in recession. To counter this lull and restore strength to a struggling economy, the Federal Reserve began a series of interest rate reductions that would lead to the lowest mortgage lending rates in forty years. Almost immediately, the housing market... |
2007 |
| Gina Kline |
THOMPSON V. HUD: GROUNDBREAKING HOUSING DESEGREGATION LITIGATION, AND THE SIGNIFICANT TASK AHEAD OF ACHIEVING AN EFFECTIVE DESEGREGATION REMEDY WITHOUT ENGENDERING NEW SOCIAL HARMS |
7 University of Maryland Law Journal of Race, Religion, Gender and Class 172 (Spring 2007) |
Baltimore City should not be viewed as an island reservation for use as a container for all of the poor of a contiguous region. . . . -Judge Marvin J. Garbis, United States District Judge Housing desegregation litigation in the United States is currently marked by a tension between the state's interest in reversing the effects of intentional... |
2007 |
| Laurence R. Helfer |
TOWARD A HUMAN RIGHTS FRAMEWORK FOR INTELLECTUAL PROPERTY |
40 U.C. Davis Law Review 971 (March, 2007) |
Introduction. 973 I. The Textual and Historical Foundations of a Human Rights Framework for Intellectual Property. 978 II. Initial Contestations over Human Rights and Intellectual Property. 982 A. The Rights of Indigenous Peoples and Traditional Knowledge. 982 B. The TRIPS Agreement, TRIPS-Plus Treaties, and Human Rights. 984 III. Mediating... |
2007 |
| Peter W. Salsich, Jr. |
TOWARD A POLICY OF HETEROGENEITY: OVERCOMING A LONG HISTORY OF SOCIOECONOMIC SEGREGATION IN HOUSING |
42 Wake Forest Law Review 459 (Summer 2007) |
Imagine that you are pro bono counsel to a neighborhood church organization or a community development corporation located in a middle class neighborhood. The neighborhood may be located in a central city, an inner ring suburb, or a small town being transformed into an edge city. Your organization has several proposals on tonight's meeting... |
2007 |
| Major John C. Johnson |
UNDER NEW MANAGEMENT: THE OBLIGATION TO PROTECT CULTURAL PROPERTY DURING MILITARY OCCUPATION |
190/191 Military Law Review 111 (Winter, 2006/Spring, 2007) |
Works of art and sculpture, artifacts, great monuments and temples have been prized throughout history as being of significant importance. This has been so, not only because of their aesthetic worth, but also because they represent the talent and endurance of man and the history of diverse civilizations. The contributions made to this universal... |
2007 |
| Elizabeth M. Whitehorn |
UNLAWFUL EVICTIONS OF FEMALE VICTIMS OF DOMESTIC VIOLENCE: EXTENDING TITLE VII'S SEX STEREOTYPING THEORIES TO THE FAIR HOUSING ACT |
101 Northwestern University Law Review 1419 (Spring 2007) |
Introduction. 1419 I. Discriminatory Sex Stereotyping Under Title VII. 1428 A. Expectation Stereotyping. 1429 B. Non-conformist Stereotyping. 1430 II. Landlords' Use of One-Strike Policies to Evict Female Victims of Domestic Violence. 1434 A. The Origin of One-Strike Policies. 1434 B. One-Strike Policies Applied to Female Victims of Domestic... |
2007 |
| Nicholas P. Devereux |
WAKE OF THE FLOOD: EXAMINING THE DISSIPATION OF PROPERTY RIGHTS THROUGH A MODEL OF POST-KATRINA NEW ORLEANS |
13 Washington and Lee Journal of Civil Rights and Social Justice 389 (Spring, 2007) |
The rebuilding process in the Gulf Coast is now in full swing, bringing hope to many for a return to normalcy in the not-so-distant future. The opportunities for abuse of the rank-and-file New Orleanian, however, are ubiquitous. The enormous disaster that Hurricane Katrina provoked occurred at a time when the gap between rich and poor in this... |
2007 |
| Ann K. Pikus |
WANTED: AFFORDABLE RENTAL HOUSING IN WISCONSIN |
2007 Wisconsin Law Review 201 (2007) |
I. Introduction. 202 II. The Demand for Affordable Rental Housing in Wisconsin. 204 A. Snapshot of Wisconsin-Renter Characteristics. 205 1. Household Structure. 205 2. Rental Housing Cost. 206 3. Income. 206 B. Federal Efforts to Subsidize Housing Costs. 209 1. Public-Housing Projects. 209 2. Housing Choice Vouchers. 210 III. Threats to Wisconsin's... |
2007 |
| Gretchen M. Widmer |
WE CAN WORK IT OUT: REASONABLE ACCOMMODATION AND THE INTERACTIVE PROCESS UNDER THE FAIR HOUSING AMENDMENTS ACT |
2007 University of Illinois Law Review 761 (2007) |
The Fair Housing Amendments Act (FHAA) promotes equal use and enjoyment of housing by prohibiting discrimination against, and requiring reasonable accommodations for, tenants with disabilities. However, it is unclear what exactly is required of the landlord and tenant to fulfill the FHAA's reasonable accommodation requirement. A minority of courts... |
2007 |
| Yoonjo J. Lee |
WHITE PRIVILEGE OR BLESSING?: STANDING TO SUE AS NON-TARGETED BYSTANDERS OF RACIAL DISCRIMINATION IN HOUSING AND EMPLOYMENT |
28 Hamline Journal of Public Law and Policy 557 (Spring 2007) |
As elite judges summarily determine which interests are worthy of legal cognizance, they unsurprisingly embrace concerns that strike closest to home, sustaining harms that mirror the experiences and predilections of their own lives. In the early 1920's, in a forgotten portion of New York City, Paul was born to Italian immigrants. During that time... |
2007 |
| Jane B. Baron |
WINDING TOWARD THE HEART OF THE TAKINGS MUDDLE: KELO, LINGLE, AND PUBLIC DISCOURSE ABOUT PRIVATE PROPERTY |
34 Fordham Urban Law Journal 613 (March, 2007) |
People care about property. In 2005, the United States Supreme Court decided two cases with deep connections to that concern, both brought by property owners challenging the government's power under the Takings Clause to take title to, or significantly affect the value of, their property. In both cases, the Court rejected the property owners'... |
2007 |
| Katharine B. Silbaugh |
WOMEN'S PLACE: URBAN PLANNING, HOUSING DESIGN, AND WORK-FAMILY BALANCE |
76 Fordham Law Review 1797 (December, 2007) |
In the past decade a substantial literature has emerged analyzing the role of work-family conflict in hampering women's economic, social, and civil equality. Many of the issues we routinely discuss as work-family balance problems have distinct spatial dimensions. Place is by no means the main factor in work-family balance difficulties, but... |
2007 |
| Nadine Strossen |
"IS MINNESOTA PROGRESSIVE?" A FOCUS ON SEXUALLY ORIENTED EXPRESSION |
33 William Mitchell Law Review 51 (2006) |
I. Introduction and Overview. 54 A. Inherent Subjectivity in Defining Progressive, Including in This Context. 54 B. Overview of Minnesota's Measures Censoring Sexual Expression During the Past Quarter-Century. 56 C. Outline of the Remainder of the Article. 58 II. Censorship of Sexual Expression is Regressive, Not Progressive. 59 A. Freedom of... |
2006 |
| Deborah J. La Fetra |
A MOVING TARGET: PROPERTY OWNERS' DUTY TO PREVENT CRIMINAL ACTS ON THE PREMISES |
28 Whittier Law Review 409 (Fall 2006) |
The basic scenario for cases involving property owner responsibility for criminal acts that occur on the premises is this: A business invites members of the public to come onto its property. Jane Doe, a member of the public, legitimately enters the property. For jurisdictions that keep track of such designations, she would be an invitee. While on... |
2006 |
| Shelley Ross Saxer |
A PROPERTY RIGHTS VIEW: COMMENTARY ON PROPERTY AND SPEECH BY ROBERT A. SEDLER |
21 Washington University Journal of Law and Policy 155 (2006) |
The First Amendment protects an individual's rights to free expression and religion. Professor Sedler analyzes the impact of this protection on property rights by explaining how the First Amendment can be used as a sword against property owners who seek to exclude free expression with claims of private ownership rights, and as a shield against... |
2006 |
| Ann B. Lever, Todd Espinosa |
A TALE OF TWO FAIR HOUSING DISPARATE-IMPACT CASES |
15-SPG Journal of Affordable Housing & Community Development Law 257 (Spring, 2006) |
In August 2005, the U.S. Court of Appeals for the Eighth Circuit handed down two Fair Housing Act disparate-impact decisionsDarst-Webbe Tenant Ass'n Board v. St. Louis Housing Authority and Charleston Housing Authority v. USDA. In both cases, low-income tenants and a fair housing organization challenged plans by local housing authorities to... |
2006 |