| Author | Title | Citation | Summary | Year |
| J. Benjamin Ward |
STATUS CHECK: SHOULD THE FEDERAL TAX STATUS OF A DISREGARDED DEBTOR BE PROPERTY OF THE ESTATE? |
39 Emory Bankruptcy Developments Journal 629 (2023) |
This Comment focuses on whether the tax status of a debtor constitutes property of the debtor's estate under 11 U.S.C. § 541(a). The answer to this question ultimately determines whether a bankruptcy trustee has the power to avoid a check-the-box tax status change made by the owner of a debtor entity from a pass-through to a separately taxed... |
2023 |
| Alex Sernyak |
STOP SUBSIDIZING THE SUBURBS: PROPERTY TAX REFORM AND ENDING EXCLUSIONARY ZONING |
31 New York University Environmental Law Journal 243 (2023) |
Current residential land use in the United States has been disastrous for the environment. Land use is largely regulated by local zoning laws, and in many states, property taxes are set at a local level as well. The relationship between the two is complex, but put simply, having both policy tools in the hands of local governments creates... |
2023 |
| Monika U. Ehrman |
SUPRANATURAL RESOURCE PROPERTY CUSTOMS |
41 UCLA Journal of Environmental Law & Policy 1 (2023) |
This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... |
2023 |
| John Paul A. Galgano |
TACKLING THE INTANGIBLE: WHY THE SUPREME COURT NEEDS TO DEFINE INTELLECTUAL PROPERTY AND WHAT FACEBOOK STANDS TO LOSE (OR WIN) |
37 Notre Dame Journal of Law, Ethics & Public Policy 323 (2023) |
Clickbait is bad enough without finding your face plastered onto it. Meet and chat with single women near you is unsavory enough to stumble upon online--but imagine you see yourself above just such a headline. Although many of us would feel a sense of extortion upon such a surprise, the vast majority of the population has no claim against the... |
2023 |
| Jackson Hughes |
TAXATION AND TELEHEALTH: WOULD A TELEHEALTH EXCLUSIVE FACILITY OWNED BY A NONPROFIT HOSPITAL BE EXEMPT FROM PROPERTY TAX IN INDIANA? |
20 Indiana Health Law Review 385 (2023) |
Taxation exemption in the United States traces its roots to before the formation of our republic. Organizations which provide charitable relief, such as hospitals, fire departments, and orphanages, were established to address a lack of direct governmental involvement in the societal issues faced by colonists. These organizations were designed to... |
2023 |
| Hayden Baird Earl |
THE "AVAILABILITY OF AFFORDABLE HOUSING" CRISIS: TINY HOMES AND URBAN INFILL |
58 Real Property, Trust and Estate Law Journal 105 (Summer, 2023) |
Author's Synopsis: This Article discusses how assisted dwelling units, or tiny homes, can help to alleviate the United States' affordable housing crisis. Tiny homes can assist in alleviating this problem because they offer residents economic benefits through their affordability and versatility, as well as offering residents social benefits by... |
2023 |
| Tanner J. Wadsworth |
THE ADVANTAGES OF GIVING UP: GREECE AND THE FUTILE QUEST TO FORCE THE PARTHENON MARBLES HOME BY JUDGMENT |
29 Columbia Journal of European Law 129 (Spring, 2023) |
The marble statues that Lord Elgin removed from the Parthenon and sold to the British Museum have been a source of conflict between Greece and the United Kingdom for more than 200 years. Greece has often threatened to litigate over the marbles but has never followed through. Because a loss in court could be devastating to its centuries-long effort... |
2023 |
| Emma Ruth White |
THE ANTICOMMONS INTERSECTION OF HEIRS PROPERTY AND GENTRIFICATION |
76 Vanderbilt Law Review 1561 (October, 2023) |
Throughout history, internal and external pressures on Black landowners have resulted in the fragmentation of ownership through heirs property. This fragmentation is analogous to the erosion of community ties within minoritized neighborhoods susceptible to gentrification. Both contexts contribute directly to involuntary exit and land loss within... |
2023 |
| Tom I. Romero, II |
THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW |
94 University of Colorado Law Review 449 (Spring, 2023) |
I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... |
2023 |
| Michelle Y. Ewert |
THE DANGERS OF FACIAL RECOGNITION TECHNOLOGY IN SUBSIDIZED HOUSING |
25 NYU Journal of Legislation and Public Policy 665 (2022-2023) |
The use of facial recognition technology (FRT) in subsidized housing makes life more difficult for subsidized tenants, who are disproportionately women, seniors, and people of color. Conditioning building access on facial recognition is problematic because flaws in the technology make it hard for systems to recognize people with darker skin, women,... |
2023 |
| Noah M. Kazis |
THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS |
31 Journal of Affordable Housing & Community Development Law 427 (2023) |
This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market?... |
2023 |
| Kate Gehling |
THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES: WHY ONE-TIME LAND-USE DECISIONS CAN STILL ESTABLISH A DISPARATE IMPACT |
90 University of Chicago Law Review 1471 (September, 2023) |
The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant's policy or practice, although facially neutral, nevertheless has discriminatory effects because it... |
2023 |
| Gerald S. Dickinson |
THE FOURTH AMENDMENT'S CONSTITUTIONAL HOME |
31 William & Mary Bill of Rights Journal 1063 (May, 2023) |
The home enjoys omnipresent status in American constitutional law. The Bill of Rights, peculiarly, has served as the central refuge for special protections to the home. This constitutional sanctuary has elicited an intriguing textual and doctrinal puzzle. A distinct thread has emerged that runs through the first five amendments delineating the home... |
2023 |
| Christopher Serkin |
THE FUTURE OF NATURAL PROPERTY LAW: COMMENTS ON ERIC CLAEYS'S NATURAL PROPERTY RIGHTS |
9 Texas A&M Journal of Property Law 725 (5/28/2023) |
Professor Eric Claeys is among the most thoughtful modern proponents of natural property rights. His new book, provided to conference participants in draft form, is typical of his rigorously analytical approach. It is an impressive articulation of a natural rights-based account of property. It significantly advances the debate over natural rights... |
2023 |
| Yael R. Lifshitz , Maytal Gilboa , Yotam Kaplan |
THE FUTURE OF PROPERTY |
44 Cardozo Law Review 1443 (April, 2023) |
Property law focuses predominantly on spatial conflicts of interest between neighbors but neglects temporal conflicts between generations. This lack of attention to the temporal dimension leads to a troubling mismatch in property law: while property rights last forever, the corresponding duties that require property holders to respect the interests... |
2023 |
| Brenda D. Gibson |
THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY |
26 CUNY Law Review 172 (Summer, 2023) |
I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... |
2023 |
| Maureen E. Brady |
THE ILLUSORY PROMISE OF GENERAL PROPERTY LAW |
132 Yale Law Journal Forum 1010 (2/28/2023) |
abstract. Federalized, jurisdictionless property law is ascendant in the Supreme Court's recent majority opinions on the Takings Clause--and in The Fourth Amendment and General Law, Danielle D'Onfro and Daniel Epps tout the benefits of courts developing a national law of property and torts in assessing whether a person has suffered an unlawful... |
2023 |
| Adam J. Mikell |
THE INVISIBLE DANGER IN PLAIN SITE: ENDING THE PRACTICE OF BUILDING HOUSING IN EXPOSURE ZONES |
41 Minnesota Journal of Law & Inequality 191 (Summer, 2023) |
Safe, affordable housing is a basic necessity for every family. Without a decent place to live, people cannot be productive members of society, children cannot learn, and families cannot thrive. Adequate housing, or the lack thereof, affects every person every day. At its core, housing is a fundamental human need with inelastic demand, yet for... |
2023 |
| India M. Whaley |
THE LONG VOYAGE HOME |
19 South Carolina Journal of International Law & Business 211 (Spring, 2023) |
This research paper (Paper) examines the international, constitutional, legal history, and current rights to housing in the United States (U.S.), Jamaica, and South Africa. This Paper addresses the federal and sub-national systems regarding affordable housing initiatives that drive policies associated with poverty and homelessness. Moreover, the... |
2023 |
| M.C. Mirow |
THE MEXICAN CIVIL CODE OF 1928 AND THE SOCIAL FUNCTION OF PROPERTY IN MEXICO AND LATIN AMERICA |
37 Emory International Law Review 365 (2023) |
C1-2Table of Contents I. Introduction. 366 A. Mexico as the Origin of the Social Function of Law in Latin America. 367 B. This Article and its Structure. 369 II. The Social Function of Property: Léon Duguit and Catholic Social Doctrine. 371 A. Léon Duguit. 371 B. Catholic Social Doctrine. 372 III. Mexico, its Civil Code of 1928, and the Social... |
2023 |
| Timothy Sandefur |
THE NATURAL RIGHT OF PROPERTY |
9 Texas A&M Journal of Property Law 673 (5/28/2023) |
This Article offers a critical examination of Eric Claeys's argument for natural property rights, focusing in particular on the questions of self-ownership and the so-called Lockean proviso. It argues that while Claeys is generally on the right track in his argument for natural property rights, he errs in omitting a self-ownership argument, some... |
2023 |
| Julia Janewa Osei-Tutu |
THE NEXT 100 YEARS OF INTERNATIONAL INTELLECTUAL PROPERTY: INTEGRATING HUMAN RIGHTS AND CORPORATE SOCIAL RESPONSIBILITY |
41 Cardozo Arts and Entertainment Law Journal 433 (2023) |
Introduction. 433 The North-South Divide in International IP. 435 Integrating Social Issues: Corporate Social Responsibility, Human Development, and Traditional Knowledge.. 437 Health and Access to Medicines. 437 Cultural Intellectual Property and Traditional Knowledge. 438 Corporate Social Responsibility and Intellectual Property. 440 Socially... |
2023 |
| Lucas Clover Alcolea |
THE PROBLEM OF PROPERTY: LOOKING BACK TO THE 'DARK AGES' TO GET THROUGH THE DARK AGES |
16 University of St. Thomas Journal of Law & Public Policy 241 (March, 2023) |
Covid-19 changed many things, and challenged many of our deepest assumptions, but one thing it did not change is the immense gap between the haves' and the have nots' that exists in the world today. In fact, studies show that the gap between the wealthiest and the poorest members of society has grown even larger as a result of the pandemic. In... |
2023 |
| Joseph William Singer |
THE RIGHT TO HAVE PROPERTY |
10 Texas A&M Law Review 713 (Summer, 2023) |
Laura Underkuffler has kindly commented on my progressive, social-relations approach to property and property law. I feel humbled, honored, and seen. She notices the core moral commitments manifested in that work. She focuses on my scholarship on discrimination in public accommodations, the violent dispossession and persisting sovereignty of Native... |
2023 |
| Yvette N.A. Pappoe |
THE SCARLET LETTER "E": HOW TENANCY SCREENING POLICIES EXACERBATE HOUSING INEQUITY FOR EVICTED BLACK WOMEN |
103 Boston University Law Review 269 (February, 2023) |
The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of... |
2023 |
| Lahny Silva |
THE TRAP CHRONICLES, VOL. 2: A CALL TO RECONSIDER "RISK" IN FEDERAL SUPERVISED RELEASE |
82 Maryland Law Review 530 (2023) |
Introduction. 531 I. History - Life can only be understood backwards; but it must be lived forwards.. 536 A. The Start. 536 1. Passage of the Probation Act of 1925. 539 2. Development of the Federal Probation System. 541 B. The 1960s & 1970s. 544 1. Questioning the Effectiveness of Supervision. 545 2. The Court Weighs In. 547 C. The War. 549 1.... |
2023 |
| Tammy Katsabian |
THE WORK-LIFE VIRUS: WORKING FROM HOME AND ITS IMPLICATIONS FOR THE GENDER GAP AND QUESTIONS OF INTERSECTIONALITY |
75 Oklahoma Law Review 757 (Summer, 2023) |
Work-life balance is the top challenge for working women globally. The COVID-19 pandemic catalyzed a worldwide experiment regarding the various components of this challenge and its possible solutions. Because the pandemic forced numerous workers to shift their working lives from the office to their private homes, it created the largest global... |
2023 |
| M.C. Mirow |
THEORIZING REVOLUTIONARY PROPERTY: MEXICO'S TARDIVE TURN TOWARDS LÉON DUGUIT AND THE SOCIAL FUNCTION OF PROPERTY |
32 Transnational Law & Contemporary Problems 221 (Spring, 2023) |
I. Introduction. 221 A. Article 27. 223 B. A Law Student Wrote in 1964. 225 II. Antecedents to Article 27 and the Construction of Revolutionary Property. 228 A. Liberal property. 228 B. Mexico's construction of revolutionary property. 229 C. Agrarian reform on the state and national level before Querétaro and the Constitution of 1917. 232 III.... |
2023 |
| Peter K. Yu |
THREE MEGATRENDS IN THE INTERNATIONAL INTELLECTUAL PROPERTY REGIME |
41 Cardozo Arts and Entertainment Law Journal 457 (2023) |
Introduction. 457 I. Emerging Countries. 458 II. Increased Regime Complexity. 467 III. Techno-Spatial Transformation. 477 Conclusion. 484 |
2023 |
| Stefan Ecklund |
TOO CLOSE TO HOME?: THE CONSTITUTIONALITY OF CALIFORNIA'S S.B. 9 |
56 Loyola of Los Angeles Law Review 981 (Summer, 2023) |
In 2022, Senate Bill 9 went into effect in California. This law allows owners of single-family-zoned parcels to split their lots in two and build at most two units on each parcel, regardless of local land use ordinances, but subject to detailed conditions. This law is one recent attempt to encourage housing development in a state where local... |
2023 |
| Danaya C. Wright |
TRAPPED BETWEEN THE URPTODA AND THE UPHPA: PROBATE REFORMS TO BRIDGE THE GAP AND SAVE HEIRS PROPERTY FOR MODEST-WEALTH DECEDENTS |
127 Penn State Law Review 749 (Summer, 2023) |
The problem of heirs property is tragic and endemic, especially in minority and low-income communities where family homes and farms are lost because of fractionation through intestate inheritance and failure by heirs to timely probate the land and clear title. But reformers have worked diligently to address the problem by passing the Uniform Real... |
2023 |
| M P Ram Mohan , Aditya Gupta |
TREATMENT OF INTELLECTUAL PROPERTY LICENSES IN BANKRUPTCY |
31 American Bankruptcy Institute Law Review 245 (Summer, 2023) |
A bankrupt debtor's ability to escape unprofitable contracts, enshrined in section 365 of the United States Bankruptcy Code, is considered central to a successful reorganization within chapter 11. The ambit of this power and the consequence of its application have been the subject of unceasing legal and business controversy. Intellectual property... |
2023 |
| Allison Dentinger |
TWO SIDES TO THE SAME COIN: HOW TENANTS AND ATTORNEYS CAN COMBINE TO WIN HOUSING JUSTICE FOR ALL |
32 Journal of Affordable Housing & Community Development Law 281 (2023) |
One of the most destabilizing events in a person's life is coming home to find a Warrant of Eviction posted on the door. That notice indicates that the tenant's family has only days to be out of their home if they want to avoid being forced out by the eviction marshal. This is an increasing reality for low-income tenants, particularly tenants of... |
2023 |
| Marilyn Uzdavines |
UNFORGIVABLE LAPSES IN CARE: OUR FAILING HOME AND COMMUNITY-BASED CARE SYSTEM DISCRIMINATES AGAINST PEOPLE WITH DISABILITIES |
91 UMKC Law Review 627 (Spring, 2023) |
Let the shameful wall of exclusion finally come tumbling down. President George H.W. Bush The struggle for many people with disabilities includes the consistent worry of whether they will receive the necessary support to remain at home, live independently, and have the best possible quality of life. All too often, breakdowns in our long-term... |
2023 |
| Melissa A. Hammer |
UNHOUSED REENTERING ELDERS: ADDRESSING STATUTORY, REGULATORY, AND DISCRETIONARY BARRIERS TO FEDERAL HOUSING ASSISTANCE FOR SENIORS WITH CRIMINAL RECORDS |
84 Ohio State Law Journal 361 (2023) |
C1-3Table of Contents I. Introduction. 362 II. Statutory and Regulatory Background: Housing Options for Seniors. 365 A. Public Housing. 367 B. Multifamily Housing Programs. 371 1. Section 202 Supportive Housing for the Elderly Program. 372 2. Section 231 Rental Housing for the Elderly Program. 374 3. Section 232 Loan Program. 375 III. Primary and... |
2023 |
| Andrew Darcy |
USING STATE LAW TO ENFORCE "AFFIRMATIVELY FURTHER" FAIR HOUSING OBLIGATIONS: NO LONGER FITTING A SQUARE PEG IN A ROUND HOLE |
29 Cardozo Journal of Equal Rights & Social Justice 593 (Summer, 2023) |
C1-2Table of Contents Part I: Introduction. 594 Part II: Housing Discrimination in the United States and the AFFH. 596 A. High-Level Overview of Housing Discrimination in the United States. 596 B. The Fair Housing Act and the Obligation to Affirmatively Further Fair Housing. 600 Part III: AFFH Enforcement--and Lack Thereof. 604 Part IV: New York's... |
2023 |
| Frank D. LoMonte , Paola Fiku |
WATCH WHERE YOU CHALK, 'CAUSE THE SIDEWALKS TALK: THE FIRST AMENDMENT AND EPHEMERAL "OCCUPATIONS" OF PUBLIC PROPERTY |
47 Vermont Law Review 487 (Summer, 2023) |
Introduction. 487 I. First Things First: The Forum Beneath Your Feet. 490 A. The Right to Use Public Property as a Platform for Speech. 490 B. Cracks in the Sidewalk as Forum. 493 II. Chalking as Protest: Cases and Controversies. 499 A. Battle Lines Drawn: Campus Chalking Clashes. 499 B. Is There a Right to Write?. 501 1. Chalking Prohibitions... |
2023 |
| Zachary ThummBorst |
WATER JUSTICE: THE NINTH CIRCUIT EXAMINES THE FAIR HOUSING ACT IN THE CONTEXT OF WATER SERVICES IN SOUTHWEST FAIR HOUSING COUNCIL, INC. v. MARICOPA DOMESTIC WATER IMPROVEMENT DISTRICT |
34 Villanova Environmental Law Journal 273 (2023) |
Water affordability is an area of growing concern in the United States. Research suggests the price of water and sewage increased by approximately eighty percent between 2010 and 2018. In the drought-stricken southwest, water prices may rise further as states become more dependent on imported water. A 2017 study estimated that, at the time, roughly... |
2023 |
| Hilary Silvia , Linda Christiansen |
WEB OF INTEREST: REFRAMING THE CONVERSATION AROUND UNAFFORDABLE HOUSING |
4 Corporate and Business Law Journal 116 (1/8/2023) |
C1-2Contents Introduction. 119 I. The Concept of Home and the Business of Housing. 120 A. A Brief History of Rent Control Through the Lens of New York City. 121 II. Applying the Web of Interest to Rent Control. 125 A. Economic Impact of Rental Housing Regulations and Interventions. 126 B. Landlords: The Single-Party Solution to Affordable Housing.... |
2023 |
| Roderick M. Hills Jr., David Schleicher |
WHAT IS PROPERTY LAW IN AN AGE OF STATUTES AND REGULATION?: A REVIEW OF PROPERTY: PRINCIPLES AND POLICIES BY THOMAS MERRILL, HENRY SMITH AND MAUREEN BRADY |
79 New York University Annual Survey of American Law 89 (2023) |
The Fourth Edition of Property: Principles and Policies by Thomas Merrill, Henry Smith and Maureen Brady lays out what the field's leading thinkers believe we all should know about property law. Unlike most casebooks, the book is an intellectual achievement, a powerful argument made through educational materials. But it is premised on a set of... |
2023 |
| Reuben Siegman |
WHEN AFFORDABLE HOUSING COMES UP AGAINST ENVIRONMENTALISM: LEGAL LESSONS FROM MINNESOTA AND CALIFORNIA |
32 Journal of Affordable Housing & Community Development Law 175 (2023) |
C1-3Table of Contents I. Minneapolis 2040. 178 A. What the 2040 Plan Is and How It Came to Be. 178 B. Legal Implications. 179 C. What the Future Holds and Lessons Learned. 181 II. California's Attempt at Reform. 184 A. CEQA: What It Is and Its Impact. 184 B. SB 35 and Related Reforms. 186 C. Incentive-Based Reforms. 188 D. Lessons Learned from the... |
2023 |
| Mikayla Mangle |
WHEN THE LEGAL SYSTEM WAS DESIGNED TO WORK AGAINST YOU, HOW CAN IT EVER WORK FOR YOU? RETHINKING HEIRS PROPERTY REFORM |
17 Charleston Law Review 541 (Spring, 2023) |
INTRODUCTION. 541 I. AMERICA'S DISCRIMINATORY PAST NEVER LEFT: HOW JIM CROW ERA LAWS HELPED LEAD TO THE CREATION OF HEIRS PROPERTY. 545 A. An Empty Promise of Homeownership to Black Americans Throughout History. 546 B. When Past Discrimination Lingers: How Racially Discriminatory Laws and Tactics Created Heirs Property. 554 II. CURRENT REFORMS TO... |
2023 |
| LaToya Baldwin Clark |
WHOSE CHILD IS THIS? EDUCATION, PROPERTY, AND BELONGING |
123 Columbia Law Review 1201 (June, 2023) |
Previous work suggests that excludability is the main attribute of educational property and residence is the lynchpin of that exclusion. Once a child is non-excludable, the story goes, he should have complete access to the benefits of educational property. This Essay suggests a challenge to the idea that exclusion is the main attribute of... |
2023 |
| Eve Garrow |
WHY DISCRIMINATION AGAINST UNHOUSED PEOPLE MAKES THE HOUSING CRISIS WORSE--AND WHAT WE CAN DO ABOUT IT |
48 Human Rights 8 (April, 2023) |
When the local homeless shelter was full, Katrina slept in its parking lot. She figured she could bang on the shelter door if she needed help. But she wasn't safe. Police officers often woke her up around midnight and threatened to charge her with sleeping in public--a criminal offense--if she did not leave. When police drive me out of the shelter... |
2023 |
| John Mukum Mbaku |
WOMEN, INTERNATIONAL HUMAN RIGHTS LAW, AND THE RIGHT TO ADEQUATE HOUSING IN AFRICA |
37 Emory International Law Review 217 (2023) |
In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that... |
2023 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
51 Real Estate Law Journal 252 (Spring, 2023) |
In 2021, I ran for Borough President (BP) of Manhattan, primarily because this position has significant influence over land use. The BP can hold public hearings on rezoning petitions, appoints a member to New York's city planning commission (which reviews zoning applications), and appoints members of community boards (which must also be consulted... |
2023 |
| Jade A. Craig |
"PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH |
40 Mississippi College Law Review 5 (2022) |
The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... |
2022 |
| Ian Wilder, Esq. |
20 WAYS TO FIGHT HOUSING DISCRIMINATION |
38 Touro Law Review 655 (2022) |
When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that the arc of the moral universe is long, but it bends toward... |
2022 |
| Norman P. Ho |
A DEFENSE OF HORIZONTAL PRIVITY IN AMERICAN PROPERTY LAW |
91 Mississippi Law Journal 109 (2022) |
Introduction. 109 I. The Horizontal Privity Requirement in the Law of Real Covenants. 112 A. Overview of the Horizontal Privity Doctrine. 112 B. The Traditional Rationales and Justifications for the Horizontal Privity Doctrine. 116 II. Objections to Horizontal Privity and My Responses and Defenses. 117 A. First Objection to Horizontal... |
2022 |
| Haley Schlinger |
A PROPOSED RULE THAT NSPIRES FEW TENANTS: THE SHORTCOMINGS OF HUD'S PUBLIC HOUSING INSPECTION STANDARDS IN ADDRESSING ENVIRONMENTAL HAZARDS |
7 ALR Accord 135 (2022) |
Introduction. 136 I. The Risks to Tenants of NSPIRE's Silence on Environmental Site Contamination Hazards. 141 A. Amending NSPIRE to Require Environmental Site Testing Where Appropriate. 145 II. The Effects of NSPIRE's Lead Paint Assessment Standard on Tenants. 147 A. Congressional Clarification and Raising NSPIRE's Lead Paint Assessment Standard.... |
2022 |