| Author | Title | Citation | Summary | Year |
| John Infranca |
ASSESSING THE PROSPECTS FOR FAIR HOUSING |
30 Journal of Affordable Housing & Community Development Law 365 (2022) |
Furthering Fair Housing: Prospects for Racial Justice in America's Neighborhoods Justin P. Steil, Nicholas F. Kelly, Lawrence J. Vale & Maia S. Woluchem, eds. Temple University Press (2021) 246 pages, $110.50 (cloth); $34.95 (paper); $34.95 (ebook) Perhaps no provision of the United State Code combines ambiguity and strange syntax as effectively as... |
2022 |
| Toyja E. Kelley |
BALANCING DIVERSITY AND INCLUSION INITIATIVES IN AN ERA WHERE WORK FROM HOME/HYBRID IS THE NORM |
17 In-House Defense Quarterly 16 (Spring, 2022) |
Corporate diversity, equity, and inclusion (DE&I) initiatives serve the important function of ensuring the diversification of the entity's workforce and leveraging that diversity to meet the entity's business goals. Achieving these initiatives requires a company-wide commitment to taking concrete steps to measurably increase diversity while... |
2022 |
| Teresa M. Santalucia |
BEGINNER'S GUIDE TO NONPROFIT AND AFFORDABLE HOUSING PARTNERSHIPS (BOOK EXCERPT) |
30 Journal of Affordable Housing & Community Development Law 379 (2022) |
In February of 2022 the Forum will release the Beginner's Guide to Nonprofit and Affordable Housing Partnerships, authored by Teresa M. Santalucia. The book will provide fundamental information and best practices to legal practitioners so they can guide nonprofit organizations (NPOs) engaging in affordable housing activities. What follows is an... |
2022 |
| Stella Preston |
BEING PERSUADED TO SLEEP WITH SOMEONE IN ORDER TO HAVE A PLACE TO SLEEP: THE ELEVENTH CIRCUIT'S ANALYSIS OF SEXUAL HARASSMENT CLAIMS UNDER THE FAIR HOUSING ACT |
73 Mercer Law Review 1419 (Summer, 2022) |
One of the fundamental ideals the United States was built upon is that its citizens must have their rights and freedoms protected. Historically, however, there have been numerous groups of individuals who have had their civil rights infringed upon, and what is worse, not protected by the legal and political institutions of the country. What the... |
2022 |
| Troy J.H. Andrade |
BELATED JUSTICE: THE FAILURES AND PROMISE OF THE HAWAIIAN HOMES COMMISSION ACT |
46 American Indian Law Review 1 (2022) |
In July 1921, the United States Congress enacted and President Warren G. Harding signed into law the Hawaiian Homes Commission Act of 1920, establishing a land trust of approximately 203,500 acres of former Crown and Government Lands to provide homestead leases at a nominal fee for native Hawaiians, those individuals of fifty percent or more... |
2022 |
| Heidi Kurniawan |
BEYOND INSTITUTIONS: ANALYZING HEIRS' PROPERTY LEGAL ISSUES AND REMEDIES THROUGH A BLACK HISTORY LENS |
22 University of Maryland Law Journal of Race, Religion, Gender and Class 148 (Spring, 2022) |
In 2019, ProPublica and The New Yorker published a riveting and award-winning exposé on the loss of Black-owned land in the South. The story focused on two men in North Carolina, named Melvin Davis and Licurtis Reels, who spent eight years in jail for refusing to leave the property they inherited from their great-grandfather and had lived on their... |
2022 |
| Robin B. Wagner |
BEYOND REDLINING |
101-JAN Michigan Bar Journal 26 (January, 2022) |
We treat everyone equally because we are required to do so by the Fair Housing Act, so we did nothing wrong. I hear this from property managers and leasing agents defending conduct that has resulted in lawsuits and administrative actions alleging housing discrimination. This simplistic formulation most likely came from fair housing training the... |
2022 |
| Tom Stanley-Becker |
BREAKING THE CYCLE OF HOMELESSNESS AND INCARCERATION: PRISONER REENTRY, RACIAL JUSTICE, AND FAIR CHANCE HOUSING POLICY |
7 University of Pennsylvania Journal of Law & Public Affairs 257 (May, 2022) |
This article is the first to systematically demonstrate that fair chance housing ordinances constitute an innovative policy response to the confluence of two critical problems--mass incarceration and homelessness, both of which disproportionately affect people of color. The ordinances restrict landlords from investigating the criminal history of... |
2022 |
| Associate Professor Ying Chen, Dr. Paul McDonough |
BRING AMERICANS HOME: ESTABLISHING A RIGHTS-BASED FRAMEWORK AT THE STATE LEVEL |
21 Seattle Journal for Social Justice 3 (Fall, 2022) |
Especially since the start of the COVID-19 pandemic, it has become increasingly apparent that the United States is experiencing a long-term crisis of insecure housing and homelessness. This Article argues that the federal programs in place and the patchwork of state laws regarding housing have not, and without significant reform, probably cannot... |
2022 |
| Alec Johnson |
BRINGING HISTORY HOME: STRATEGIES FOR THE INTERNATIONAL REPATRIATION OF NATIVE AMERICAN CULTURAL PROPERTY |
126 Dickinson Law Review 859 (Spring, 2022) |
The theft of Native American cultural items has been ongoing since Europeans began to colonize the Americas. As a result, millions of Native American artifacts are now located outside the borders of the United States. Native American tribes have long sought international repatriation--the return of these cultural objects to their tribal owners.... |
2022 |
| Ryan P. Sullivan |
BRINGING ORDER TO CHAOS: REVIVING UNIFORMITY AND BALANCE WITHIN NEBRASKA'S RENTAL HOUSING LAWS |
101 Nebraska Law Review 163 (2022) |
C1-3TABLE OF CONTENTS I. Introduction. 164 II. Proposals. 166 A. Reducing Homelessness. 166 1. Provide for a Right of Redemption. 169 2. Narrow the Scope of § 76-1431(4) - Evictions for Criminal Activity. 175 3. Provide Tenants a Reasonable Opportunity to Vacate the Premises Following Judgment. 178 B. Promoting Equity and Fairness. 183 1.... |
2022 |
| Noah M. Kazis |
CAN AFFORDABLE HOUSING BE A SAFETY NET? LESSONS FROM A PANDEMIC |
132 Yale Law Journal Forum 412 (7-Nov-22) |
abstract. The COVID-19 pandemic posed an unprecedented challenge to housing stability, with mass unemployment and societal disruption leaving millions of tenants struggling to make rent. Aggressive public intervention avoided the worst outcomes, but the effort to protect renters exposed the mismatch of existing affordable-housing programs to... |
2022 |
| Stephen R. Miller |
CAN AMERICA'S FASTEST-GROWING CITY SAVE ITSELF?: PROPERTY RIGHTS AND THE PLANNING ETHIC IN BOISE, IDAHO |
58 Idaho Law Review 403 (2022) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 403 II. PART I: WHAT GROWTH IN BOISE LOOKS LIKE. 407 A. Boise's Past and Its Region. 408 B. Case Study: Boise's Downtown. 411 C. Where the Region's Growth is Now. 421 III. PART II: LAW AND POLICY OF FAST-GROWTH CITIES. 429 A. Lessons of Planning's First Century for Mid-Sized Cities. 429 B. Property Rights. 437... |
2022 |
| Myron Orfield, William Stancil |
CHALLENGING FAIR HOUSING REVISIONISM |
2 North Carolina Civil Rights Law Review 32 (Spring, 2022) |
Introduction. 32 II. Fair Housing Revisionism in the Academy and White House. 36 III. Integration and the Fair Housing Act Debate. 47 A. The Struggle to Integrate Federally Subsidized Housing 1949-59. 47 B. The Organized Push for a Federal Fair Housing Act 1960-66. 48 C. The Fair Housing Act in Congress, 1966-68. 54 Conclusion. 64 |
2022 |
| Ava Lau-Silveira |
CITY OF OAKLAND v. WELLS FARGO CO.: EXAMINING THE PROXIMATE CAUSE STANDARD UNDER THE FAIR HOUSING ACT |
52 Golden Gate University Law Review 49 (April, 2022) |
The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping everyone attain the American dream of homeownership. In 1999, the Federal National Mortgage Association (Fannie Mae) made subprime mortgage loans readily accessible to those who normally would not qualify. People in the... |
2022 |
| Stephanie M. Stern |
CLIMATE TRANSITION RELIEF: FEDERAL BUYOUTS FOR UNDERWATER HOMES |
72 Duke Law Journal 161 (October, 2022) |
As climate change causes unprecedented dislocation from flooding and sea-level rise, a new legal regime for climate retreat (i.e., shifting human settlement from severe climate risk zones) is developing. Buyout laws, such as FEMA's Hazard Mitigation Grant Program, fund government acquisitions of severely flood-impacted homes, enabling owners to... |
2022 |
| Bob Neel |
COMBATING EXCLUSION & ACHIEVING AFFORDABLE HOUSING: THE CASE FOR BROAD ADOPTION OF HOUSING APPEALS STATUTES |
99 Washington University Law Review 1397 (2022) |
The United States has a serious affordable housing problem, and by nearly every measure the problem is worsening. Across the country, counties and municipalities have been unable to meaningfully address the widening gap between housing prices and earned wages. A meager thirty-seven affordable and available rental homes exist for every 100 extremely... |
2022 |
| Krystle Okafor |
COMMUNITY OWNERSHIP IN NEW YORK CITY: THE HOUSING DEVELOPMENT FUND CORPORATION |
30 New York University Environmental Law Journal 413 (2022) |
Community ownership refers to tenures and tactics for the shared acquisition, financing, development, rehabilitation, and stewardship of land and housing among residents in a local community. As the COVID-19 pandemic softens multifamily housing markets, tenant activists, policy advocates, and progressive legislators have trumpeted community-owned... |
2022 |
| Marc L. Roark , Lorna Fox O'Mahony |
COMPARATIVE PROPERTY LAW AND THE PANDEMIC: VULNERABILITY THEORY AND RESILIENT PROPERTY IN AN AGE OF CRISES |
82 Louisiana Law Review 789 (Spring, 2022) |
C1-2Table of Contents Abstract. 789 I. Property and the Pandemic. 790 II. Resilient Property. 795 A. Resilient Property Theory. 795 B. Resilient Property and Wicked Problems. 801 C. Vulnerability Theory and Resilience. 805 D. Sustainability, Equilibrium, and Resilience. 813 III. Framing the Pandemic: State Responses. 822 A. Fiscal Support:... |
2022 |
| Brayden Jack Parker |
'CORNERSTONE UPON WHICH REST ALL OTHERS': UTILIZING CANONS OF STATUTORY INTERPRETATION TO CONFIRM AN ENFORCEABLE TRUST DUTY FOR NATIVE AMERICAN HEALTH CARE |
90 George Washington Law Review 237 (February, 2022) |
In 1976, the federal government passed the Indian Health Care Improvement Act (IHCIA) in furtherance of its special trust responsibility owed to Native Americans. Through the IHCIA, Congress created the Indian Health Service, which provides health care to five million members of federally recognized tribes. In recent years, however, the Indian... |
2022 |
| Leonard S. Rubinowitz , Michelle Shaw |
DELAYED SYNERGY: CHALLENGING HOUSING DISCRIMINATION IN CHICAGO IN THE STREETS AND IN THE COURTS |
17 Northwestern Journal of Law & Social Policy 1 (Spring, 2022) |
During the Montgomery Bus Boycott, the Montgomery Improvement Association combined a boycott with a successful constitutional challenge to bus segregation laws, producing more progress to desegregate the buses than either strategy could have brought about on its own. The Montgomery Improvement Association's approach was a paradigm of the synergy... |
2022 |
| Elaine Gross, MSW |
DENIAL OF HOUSING TO AFRICAN AMERICANS: POST-SLAVERY REFLECTIONS FROM A CIVIL RIGHTS ADVOCATE |
38 Touro Law Review 589 (2022) |
In this article, I draw on two decades of experience as a civil rights advocate to reflect on the denial of housing to African Americans in post-slavery America. I do so as Founder and President of the civil rights organization, ERASE Racism. I undertake historical research and share insights from my own experience to create and reflect upon six... |
2022 |
| Christopher Azuoma, Rita Burns, Adam Cohen, Mark A. Iafrate, Kathy Purnell, Crystal Thorpe |
DIGEST OF RECENT LITERATURE |
31 Journal of Affordable Housing & Community Development Law 1 (2022) |
The Digest of Recent Literature in the Journal is an opportunity for attorneys and law students new to the practice of affordable housing and community development law to participate in the Journal and the Forum. This feature of the Journal provides brief summaries of academic and nonprofit policy institute reports, federal government notifications... |
2022 |
| Chris Chambers Goodman , Natalie Antounian |
DISMANTLING THE MASTER'S HOUSE: ESTABLISHING A NEW COMPELLING INTEREST IN REMEDYING SYSTEMIC DISCRIMINATION |
73 Hastings Law Journal 437 (February, 2022) |
This Article proposes a new compelling interest to justify affirmative action policies. Litigation has been successful, to a point, in preserving affirmative action, but public support of the diversity and inclusion rationales for race-conscious policies is waning. Equity abhors a vacuum, and so this Article promotes a return to remedial... |
2022 |
| Sherally Munshi |
DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION |
110 Georgetown Law Journal 1021 (May, 2022) |
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... |
2022 |
| Nestor M. Davidson , Richard C. Schragger |
DO LOCAL GOVERNMENTS REALLY HAVE TOO MUCH POWER? UNDERSTANDING THE NATIONAL LEAGUE OF CITIES' PRINCIPLES OF HOME RULE FOR THE 21ST CENTURY |
100 North Carolina Law Review 1385 (June, 2022) |
This Article explains and defends the National League of Cities' Principles of Home Rule for the 21st Century, which the authors participated in drafting. The Principles project both articulates a vision of state-local relations appropriate to an urban age and, as with previous efforts stretching back to the Progressive Era, includes a model... |
2022 |
| Andrea Steel, Lila Greiner, Akesha Kirkpatrick |
DON'T LET THE REEFER BLOW THE ROOF OFF: CHALLENGES AND GUIDANCE SURROUNDING MEDICAL MARIJUANA PATIENTS IN FEDERALLY ASSISTED HOUSING |
31 Journal of Affordable Housing & Community Development Law 227 (2022) |
I. Cannabis Law: Rapidly Changing and Incredibly Complex. 229 A. Federal Laws. 229 B. State Laws. 230 C. Hemp. 230 D. Federal Supremacy. 231 II. Affordable Housing Programs Come in Many Forms. 231 A. Low-Income Housing Tax Credits. 232 B. Section 8 Assistance. 233 C. Public Housing. 234 D. Section 202 Supportive Housing for the Elderly. 236 E.... |
2022 |
| Jennifer S. Dempsey |
EMPLOYMENT & HOUSING PUBLIC SERVICES FORUM |
65-JUL Advocate 28 (June/July, 2022) |
The quality of strength lined with tenderness is an unbeatable combination. --Maya Angelou On October 26, 2021, the Employment and Labor Section of the Idaho State Bar hosted the Employment and Housing Public Service Forum. Economic stressors arising from the pandemic severely impacted Idahoans in need of employment and shelter. The purpose of... |
2022 |
| Samantha Ondrade , Trial Attorney, Housing and Civil Enforcement Section, Civil Rights Division |
ENFORCEMENT OF THE FAIR HOUSING ACT AND EQUAL CREDIT OPPORTUNITY ACT TO COMBAT REDLINING |
70 Department of Justice Journal of Federal Law and Practice 247 (January, 2022) |
This article discusses the Department of Justice's (Department) enforcement of the Fair Housing Act and the Equal Credit Opportunity Act to combat redlining, the practice by which lenders avoid or exclude communities of color from equal access to credit based on the demographic characteristics of their neighborhoods. The Department has long... |
2022 |
| Shelby D. Green |
EQUITABLE, AFFORDABLE AND CLIMATE-COGNIZANT HOUSING CONSTRUCTION |
75 Arkansas Law Review 363 (2022) |
The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and... |
2022 |
| Deanna Creighton, M.Ed., M.S.L. |
ESTABLISHING THE CONNECTION BETWEEN HOUSING STABILITY AND THE RIGHT TO ADEQUATE EDUCATION FOR AT-RISK STUDENTS IN A POST-MARTINEZ/YAZZIE WORLD |
403 West's Education Law Reporter 15 (27-Oct-22) |
At the start of every school year, K-12 students in New Mexico enter the public-school classroom eager to learn and progress academically on their path to success in college, career, and life. Yet educational opportunities and outcomes are not the same for all students. Academic outcomes are often influenced by factors which are beyond the... |
2022 |
| LaToya Baldwin Clark |
FAMILY | HOME | SCHOOL |
117 Northwestern University Law Review 1 (2022) |
Abstract--The state grants residents who live within a school district's border an ownership interest in that district's schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after... |
2022 |
| Margaret Moore Jackson |
FORCED OUT OF ENFORCEMENT: HOW THE "NO FELONS" RULE HAMSTRINGS FAIR HOUSING |
91 UMKC Law Review 237 (Winter 2022) |
Welcome to fair housing tester training. We're so glad you all could be here today. The trainer is relieved to see ten people adjusting their chairs in the sunlit library community room. Enticing volunteers to explore intermittent, stipend-based work that involves talking to strangers is difficult. Training enough racially diverse testers to do... |
2022 |
| Jake Zurschmiede |
HABEAS CORPUS AND COVID-19: IN THE MIDST OF A VIRAL PANDEMIC, CAN THE "GREAT WRIT" PROVIDE HOME SUPERVISION TO AT-RISK PLAINTIFF INMATES? |
19 Indiana Health Law Review 249 (2022) |
The World Health Organization declared the novel SARS-CoV-2 coronavirus (hereinafter COVID-19, COVID, or pandemic) a global pandemic in March 2020. Within the span of one summer, all of the top ten clusters of COVID-19 in the United States were linked to prisons and jails. By October 2020, there were nearly 1,000 COVID-related deaths of... |
2022 |
| Heather K. Way, Ruthie Goldstein |
HEIR PROPERTY OWNERS AND FEDERAL DISASTER AID PROGRAMS: OPPORTUNITIES FOR A MORE EQUITABLE RECOVERY WHEN DISASTER STRIKES |
30 Journal of Affordable Housing & Community Development Law 467 (2022) |
When hurricanes and other natural disasters strike the United States, Black and Latinx communities face a range of systemic inequities, from greater exposure to flooding to heightened barriers to rebuilding. In this latter regard, thousands of Black and Latinx disaster survivors living on inherited property, also known as heir property, have... |
2022 |
| Kathryn Ramsey Mason |
HOUSING INJUSTICE AND THE SUMMARY EVICTION PROCESS: BEYOND LINDSEY v. NORMET |
74 Oklahoma Law Review 391 (Spring, 2022) |
The COVID-19 pandemic has generated an unprecedented level of attention on one of the most pressing civil justice issues of our day: evictions. Each year, millions of Americans are at risk of losing their housing through dispossession and displacement. Despite decades of efforts at all levels of government to improve and increase the supply of safe... |
2022 |
| Courtney Lauren Anderson |
HOUSING INSTABILITY AND COVID-19 |
18 University of Saint Thomas Law Journal 259 (Spring, 2022) |
The pandemic's effects on people experiencing homelessness illuminate the need to address the exposure of this community to adverse health outcomes that are exacerbated at disproportionately high levels when external events that negatively impact everyone occur. This article describes the risks of being homeless, and how racial and other... |
2022 |
| Norrinda Brown Hayat |
HOUSING THE DECARCERATED: COVID-19, ABOLITION & THE RIGHT TO HOUSING |
110 California Law Review 639 (June, 2022) |
The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the culture of exclusion that has long pervaded... |
2022 |
| Katie Whitley |
INCREASING ACCESS TO HIGH-QUALITY SCHOOLS IN INDIANAPOLIS THROUGH THE LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN |
55 Indiana Law Review 879 (2022) |
Countless children in the greater Indianapolis metropolitan area lack access to high-quality public schools due to the median income and racial makeup of their neighborhood. School and residential racial segregation in our country, coupled with inequitable distribution of resources across neighborhoods and schools, creates a system in which... |
2022 |
| Arlan D. Lewis |
IN-HOUSE COUNSEL: YOU'VE FOUND YOUR CONSTRUCTION LAW TRIBE IN THE FORUM! |
42-SUM Construction Lawyer 4 (Summer, 2022) |
Merriam-Webster Dictionary defines a tribe as a group of persons having a common character, occupation, or interest. I don't know that I'd previously thought of the Forum as a tribe, but as I considered the concept more carefully and reflected on my own personal Forum journey, I realized that it is a fitting description. In fact, I've found the... |
2022 |
| Austin Weatherly |
INTELLECTUAL HEIRS PROPERTY: WHY CERTAIN MUSICAL COPYRIGHTS SHOULD BE INCLUDED IN THE HEIRS PROPERTY REFORM MOVEMENT |
29 Journal of Intellectual Property Law 418 (Spring, 2022) |
C1-3Table of Contents I. Introduction. 420 II. Background. 421 A. What are the Problems in the Real Property Context?. 421 B. What is the Uniform Partition of Heirs Property Act?. 422 C. What is an Intellectual Property Estate?. 423 D. The Copyright Act and Inheritance. 424 E. Historical Racial Disparity in Copyright Law. 425 III. Analysis. 426 A.... |
2022 |
| Kali Murray |
INTELLECTUAL PROPERTY LIBERATION: AN ESSAY |
18 University of Saint Thomas Law Journal 546 (Fall, 2022) |
On May 9, 1771, Samuel Sherwin placed an advertisement in the Virginia Gazette. The advertisement sought help in returning: . a mulatto fellow named PETER: he is about 5 feet 6 inches high, well set, and about 25 years old. The said slave run away once before, and was out [about one year], he was brought home the 14th, on which day I branded him S... |
2022 |
| M P Ram Mohan , Aditya Gupta |
INTELLECTUAL PROPERTY LICENSES IN CROSS-BORDER INSOLVENCY: LESSONS FROM IN RE QIMONDA |
18 Hastings Business Law Journal 181 (Summer, 2022) |
Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original mandate. In 2018, a legislatively appointed committee suggested that the Code should adopt the UNCITRAL Model Law on Cross... |
2022 |
| Fordham Intellectual Property, Media & Entertainment Law Journal |
IP INTERRUPTED: DIVERSE VOICES IN INTELLECTUAL PROPERTY |
32 Fordham Intellectual Property, Media and Entertainment Law Journal 302 (Winter, 2022) |
Introduction. 303 I. Offline: The Intersection Between Data and Cyber Civil Rights. 303 II. Copycat Culture: The Copying of BIPOC Creations and Fashion Law. 313 III. Keynote Speech: Intellectual Property and Diversity, Equity, and Inclusion. 321 IV. Color of Music: A Discussion on Race, Music, and Intellectual Property Rights. 323 |
2022 |
| Heather R. Abraham, Jason Knight, Russell Weaver, Christopher Holtkamp |
JUST A "PLANNING RULE": ENFORCING THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING |
31 Journal of Affordable Housing & Community Development Law 203 (2022) |
I. Introduction. 204 II. HUD's Civil War Project. 209 III. A Planning Tool With Some Teeth. 210 IV. A Rational Choice. 212 V. The Path Forward as a Planning Rule. 214 A. Stakeholder Comprehension. 214 B. Enhancing Enforcement. 217 VI. Conclusion. 225 |
2022 |
| Liam McSweeney |
JUST HOUSING, ROOTED IN WEST OAKLAND: HOW MOMS4HOUSING CHALLENGED REAL ESTATE SPECULATION AND THE RACIAL HIERARCHY IN OUR PROPERTY LAWS |
22 Berkeley Journal of African-American Law & Policy 54 (2022) |
Land-based real estate speculation drives a national housing crisis that operates on a racially hierarchical conception of private property law and doctrine. Our modern property law system developed from the colonial economy that was built on conquest and white supremacist notions of property rights. This white-supremacist spatial violence... |
2022 |
| |
KEEPING CURRENT--PROPERTY |
36-DEC Probate and Property 16 (November/December, 2022) |
AUCTIONS: Contract for sale at auction need not contain attorney review provision. Mengxi Liu, an experienced bidder who had purchased six residential properties at auction sales with her husband, attended an auction sale where she made a high bid of $1.1 million. Before the auction, she received a template Contract for Sale of Real Estate and a... |
2022 |
| |
KEEPING CURRENT--PROPERTY |
36-FEB Probate and Property 18 (January/February, 2022) |
FORECLOSURE: Fannie Mae's nonjudicial foreclosure is not state action. The Federal National Mortgage Association (Fannie Mae) acquired home mortgage loans that were in default and conducted nonjudicial foreclosure sales of the properties under Rhode Island law. The homeowners filed a putative class action suit against Fannie Mae and its... |
2022 |
| |
KEEPING CURRENT--PROPERTY |
36-JUN Probate and Property 17 (May/June, 2022) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. EMINENT DOMAIN: Just compensation clause of state constitution waives sovereign immunity for inverse-condemnation claim that seeks injunctive relief. The government's... |
2022 |
| Ric Simmons |
LANGE, CANIGLIA, AND THE MYTH OF HOME EXCEPTIONALISM |
54 Arizona State Law Journal 145 (Spring, 2022) |
For over a hundred years, the Supreme Court has employed rhetoric in its Fourth Amendment cases that supports the concept of home exceptionalism--that is, the idea that protecting the home is the very core of the Fourth Amendment. Two cases from this year's Supreme Court term, Lange v. California and Caniglia v. Strom, appear at first to... |
2022 |