AuthorTitleCitationSummaryYear
Geoffrey R. Scott SPOLIATION, CULTURAL PROPERTY, AND JAPAN 29 University of Pennsylvania Journal of International Law 803 (Summer 2008) 1. Introduction. 805 2. The Protection of Cultural Property: Contemporary Involvement of Japan. 813 3. Who is the Rightful Owner of Cultural Property? The Political Context in the East . 816 4. The Japanese-Korean Conflict. 824 4. 1. Japanese Invasions of Korea, 1592-1598. 825 4. 2. The Late Nineteenth Century and Continuing Through Japan's... 2008
Steven Semeraro SWEET LAND OF PROPERTY?: THE HISTORY, SYMBOLS, RHETORIC, AND THEORY BEHIND THE ORDERING OF THE RIGHTS TO LIBERTY AND PROPERTY IN THE CONSTITUTIONAL LEXICON 60 South Carolina Law Review 1 (Autumn 2008) I. Introduction. 2 II. Property and Liberty Rights in American Jurisprudence. 6 A. Defining Property and Liberty Rights. 7 B. Judicial Scrutiny of Property and Liberty Rights. 9 III. Historical Property Rights. 11 A. Intellectual History of the Founding Era. 12 B. Constitutional Text. 16 C. Judicial Interpretation. 19 1. Early Republic20 2. Early... 2008
Jeannie Suk TAKING THE HOME 20 Law and Literature 291 (Fall, 2008) Abstract. Law resists the uncanny. The home is the exemplar of the uncanny. Two Supreme Court cases, decided four days apart, Kelo v. City of New London and Town of Castle Rock v. Gonzales, grapple with the uncanny home. Both reflect on the meanings of the home as simultaneously the source of security against and the focal point of anxieties about... 2008
Alan M. White THE CASE FOR BANNING SUBPRIME MORTGAGES 77 University of Cincinnati Law Review 617 (Winter 2008) Imagine a home loan bank; a bank with a better idea. Instead of hiring armies of underwriters with green eyeshades to size up loan applicants, scrutinize their documents, calculate their income ratios, and turn down scores of requests, this bank will use a new approach--everybody gets a mortgage. The bank will want an appraisal of your home. As... 2008
Marc R. Poirier THE CULTURAL PROPERTY CLAIM WITHIN THE SAME-SEX MARRIAGE CONTROVERSY 17 Columbia Journal of Gender and Law 343 (2008) Partisans in the contemporary controversy over same-sex marriage and marriage equality often use the rhetoric of access and exclusion to frame their positions. These terms are also used to stake out positions on how to resolve conflicts over congestible natural resources. This Article takes the terms at face value and asks whether and how the... 2008
Michael B. de Leeuw , Megan K. Whyte , Dale Ho , Catherine Meza , Alexis Karteron THE CURRENT STATE OF RESIDENTIAL SEGREGATION AND HOUSING DISCRIMINATION: THE UNITED STATES' OBLIGATIONS UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION 13 Michigan Journal of Race and Law 337 (Spring 2008) The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease... 2008
Jeannine Bell THE FAIR HOUSING ACT AND EXTRALEGAL TERROR 41 Indiana Law Review 537 (2008) It cannot be doubted that among the civil rights intended to be protected from discriminatory state action by the Fourteenth Amendment are the rights to acquire, enjoy, own and dispose of property. Equality in the enjoyment of property rights was regarded by the framers of that Amendment as an essential pre-condition to the realization of other... 2008
Hari M. Osofsky THE GEOGRAPHY OF JUSTICE WORMHOLES: DILEMMAS FROM PROPERTY AND CRIMINAL LAW 53 Villanova Law Review 117 (2008) Falling into a black hole has become one of the horrors of science fiction. In fact, black holes can now be said to be really matters of science fact. Of course, where the science fiction writers really go to town is on what happens if you do fall into a black hole. A common suggestion is that if the black hole is rotating, you can fall through a... 2008
Matthew H. Greene THE HOPE VI PARADOX: WHY DO HUD'S MOST SUCCESSFUL HOUSING DEVELOPMENTS FAIL TO BENEFIT THE POOREST OF THE POOR? 17 Journal of Law & Policy 191 (2008) In February of 2008, the United Nations (UN) Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, along with the UN Independent Expert on minority issues, issued a press release condemning the redevelopment of public housing in New Orleans... 2008
Kathryn B. Richards THE ILLINOIS CONDOMINIUM PROPERTY ACT: AN ANALYSIS OF LEGISLATIVE EFFORTS TO IMPROVE TENANTS' RIGHTS IN THE CONDOMINIUM CONVERSION PROCESS 57 DePaul Law Review 829 (Spring 2008) Kathy first learned that her apartment building was going condo from a stranger who knocked on her door and asked if he could come inside and take a look around. He said that he was planning to buy her apartment. At another building, all of the tenants' leases were changed to month-to-month tenancies. The building was then sold, and the new owner... 2008
Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins THE NIGHTMARE ON MAIN STREET FOR AFRICAN-AMERICANS: A CALL FOR A NEW NATIONAL POLICY FOCUS ON HOMEOWNERSHIP 10 Berkeley Journal of African-American Law & Policy 262 (2008) Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... 2008
David Takacs THE PUBLIC TRUST DOCTRINE, ENVIRONMENTAL HUMAN RIGHTS, AND THE FUTURE OF PRIVATE PROPERTY 16 New York University Environmental Law Journal 711 (2008) Who owns the Earth and its resources? To what extent may the general public claim the pure water, clean air, rich soil, and the myriad services Earth provides to sustain human life? Across continents and spanning centuries, a dynamic tension continues between those who would circumscribe the Earth's bounty for private use and those who would... 2008
Leslie Friedman Goldstein THE SECOND AMENDMENT, THE SLAUGHTER-HOUSE CASES (1873), AND UNITED STATES V. CRUIKSHANK (1876) 1 Albany Government Law Review 365 (2008) Introduction. 367 I. Lingering Mysteries About the Slaughter-House Cases. 370 A. Purposes of the Privileges or Immunities Clause. 370 B. The Slaughter-House Cases (1873). 372 II. Providing a Motive for Slaughter-House. 380 A. Inadequacies of Prior Scholarship. 380 B. Second Amendment Incorporation in the Lower Courts. 383 1. Incorporation... 2008
Michael Halper THE TAX RAMIFICATIONS OF CATCHING HOME RUN BASEBALLS 59 Case Western Reserve Law Review 191 (Fall, 2008) The summer of 1998 marked the rebirth of America's pastime, Major League Baseball, following several years of stunted growth caused by 1994's player strike. The resurgence is attributed in large part to the general public's fascination with the summer-long chase of Roger Maris's single-season record of sixty-one home runs. The St. Louis Cardinals'... 2008
Daria Roithmayr THEM THAT HAS, GETS 27 Mississippi College Law Review 373 (2007-2008) In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... 2008
J. Andrew Crossett UNFAIR HOUSING ON THE INTERNET: THE EFFECT OF THE COMMUNICATIONS DECENCY ACT ON THE FAIR HOUSING ACT 73 Missouri Law Review 195 (Winter, 2008) The use of online advertisements is a relatively new, but rapidly-growing phenomenon. Consumers have latched onto the idea of holding an online garage sale and its use has seen a marked increase. For example, online classified advertising services users increased eighty percent between 2004 and 2005. Consumers, however, sell more than baseball... 2008
James E. Rosenbaum , Stefanie DeLuca WHAT KINDS OF NEIGHBORHOODS CHANGE LIVES? THE CHICAGO GAUTREAUX HOUSING PROGRAM AND RECENT MOBILITY PROGRAMS 41 Indiana Law Review 653 (2008) Neighborhood effects on the lives of families and children have long been an important topic of research, and communities are currently also a relevant topic for public policy. Theoretically, neighborhoods are important contexts for socialization and development as well as places where we see structures of inequality and opportunity in action.... 2008
Edward V. O'Hanlan 2006 CONNECTICUT REAL PROPERTY LAW DEVELOPMENTS 81 Connecticut Bar Journal 139 (June, 2007) This article highlights the 2006 decisions from the Connecticut Supreme Court (Supreme Court) and Connecticut Appellate Court (Appellate Court) in the area of real property law. Real property law includes matters concerning eminent domain, zoning, conveyances, wetlands and other environmental issues, easements, common interest ownership, real... 2007
Florence Wagman Roisman AFFIRMATIVELY FURTHERING FAIR HOUSING IN REGIONAL HOUSING MARKETS: THE BALTIMORE PUBLIC HOUSING DESEGREGATION LITIGATION 42 Wake Forest Law Review 333 (Summer 2007) We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. Martin Luther King, Jr., I Have A Dream, Address to the March on Washington for Jobs and Freedom (Aug. 28, 1963). In making these regional efforts, HUD did not overlook the current residents of Baltimore public housing. . . . [P]ublic housing... 2007
Goutam U. Jois AFFORDABLE HOUSING AND CIVIC PARTICIPATION: TWO SIDES OF THE SAME COIN 22 BYU Journal of Public Law 1 (2007) America faces an affordable housing crisis. The cost of housing continues to rise, making home ownership impossible for many. In some markets, the cost of renting is so high that even those earning close to the median income are considered cost-burdened. According to a recent study, nearly one hundred million Americans lack safe, decent,... 2007
J. Peter Byrne, Michael Diamond AFFORDABLE HOUSING, LAND TENURE, AND URBAN POLICY: THE MATRIX REVEALED 34 Fordham Urban Law Journal 527 (March, 2007) Housing provides a necessary foundation for physical and social life. It provides shelter, security, recreation, and wealth. It plays a central role in the health and well-being of its occupants and also supports their employment and educational endeavors. Among the poor, there is a severe shortage of adequate, affordable housing. Because housing... 2007
Peter Salsich , Rex Gradeless , Laura Schwarz , Kathleen Zahn AFFORDABLE WORKFORCE HOUSING--AN AGENDA FOR THE SHOW ME STATE: A REPORT FROM AN INTERACTIVE FORUM ON HOUSING ISSUES IN MISSOURI 27 Saint Louis University Public Law Review 45 (2007) In the midst of the turmoil caused by the subprime mortgage market collapse in 2007, concerns abound about the ability of working families with below local median incomes to meet their housing needs. Recent reports from the Center for Housing Policy and the Joint Center for Housing Studies at Harvard University dramatize the difficulties these... 2007
Peggie R. Smith AGING AND CARING IN THE HOME: REGULATING PAID DOMESTICITY IN THE TWENTY-FIRST CENTURY 92 Iowa Law Review 1835 (July, 2007) I. Introduction. 1837 II. On Aging and Caring. 1843 III. The Historical Legal Link Between Domestic Service and Home Care. 1850 A. Domestic Service: A Legal Outcast. 1851 B. Reflections on the Exclusion. 1853 IV. The Fair Labor Standards Act: Home- Care Workers as Companions. 1860 A. The Domestic Service Exemption and the 1974 Amendments. 1860 B.... 2007
PeterPaul Shaker AMERICA'S BAD BET: HOW THE UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT OF 2006 WILL HURT THE HOUSE 12 Fordham Journal of Corporate and Financial Law 1183 (2007) America's Second Prohibition, centered on online gambling, has met criticism at home for its impractical and hypocritical nature, and earned disdain abroad for its disrespect of World Trade Organization (the WTO) obligations to equal market access. By preventing American financial institutions from facilitating online wagers, the Unlawful... 2007
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
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