| Author | Title | Citation | Summary | Year |
| 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 |
| Daniel G. Orenstein |
MULTIUNIT HOUSING AND CANNABIS: GOOD LAWS MAKE GOOD NEIGHBORS |
49 Fordham Urban Law Journal 475 (March, 2022) |
Introduction. 475 I. Smoking and Its Public Health Impacts. 480 A. Combustible Tobacco and Cannabis Products. 480 B. Noncombustible, Aerosol-Producing Products. 484 II. Multiunit Housing Context. 487 A. Multiunit Housing and Implications for Equity. 487 B. Law and Policy Context. 491 III. Unique Considerations for Cannabis. 495 A. General... |
2022 |
| Joseph Blocher, Mitu Gulati |
NAVASSA: PROPERTY, SOVEREIGNTY, AND THE LAW OF THE TERRITORIES |
131 Yale Law Journal 2390 (June, 2022) |
The United States acquired its first overseas territory--Navassa Island, near Haiti--by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the... |
2022 |
| Shelby Green |
NON-DEBT AND NON-BANK FINANCING FOR HOME PURCHASE: PROMISES AND RISKS |
10 American University Business Law Review 437 (2022) |
[H]ousing is the dominant source of wealth for most families, just as its twin--mortgage debt--is the chief liability. I. Introduction. 438 II. Risk-Prone Home Purchase and Lending Practices Leading to 2008 Housing Crisis. 444 A. The Housing Markets Before and After the Crisis. 446 B. The Regulators Were Watching God. 449 i. Protections for the... |
2022 |
| Brandon M. Weiss |
OPPORTUNITY ZONES, 1031 EXCHANGES, AND UNIVERSAL HOUSING VOUCHERS |
110 California Law Review 179 (February, 2022) |
The Tax Cuts and Jobs Act of 2017 contained former President Trump's signature economic development initiative: the Opportunity Zone program. Allowing a deferral of capital gains tax for certain qualifying investments in low-income areas, the Opportunity Zone program aims to spur economic development by steering capital into economically distressed... |
2022 |
| John R. Nolon |
PANDEMICS AND HOUSING INSECURITY: A BLUEPRINT FOR LAND USE LAW REFORM |
46 Vermont Law Review 422 (Spring, 2022) |
Introduction: Four Pandemics and Housing Insecurity. 423 I. Housing Insecurity and Social Determinants of Health. 426 II. Traditional Affordable Housing. 430 A. Mandatory Affordable Housing. 431 B. Incentives for Affordable Housing. 433 C. Off-Site and Buy-Out Options. 434 III. Other Affordable Housing Strategies. 435 A. Flexible Large-Scale... |
2022 |
| Pono Arias |
PART OF THE SOLUTION: ADDRESSING HONOLULU'S HOUSING CRISIS THROUGH INCLUSIONARY HOUSING LEGISLATION |
24 Asian-Pacific Law and Policy Journal 73 (Fall, 2022) |
I. Introduction. 73 II. Overview of Hawai'i history. 74 A. The Mhele and Hawaiian Homes Commission. 75 B. Rising Home Prices and the Cost of Living. 76 III. Inclusionary Housing. 79 A. Inclusionary Housing Overview. 80 B. Framing Inclusionary Housing. 81 C. Inclusionary Housing Programs in the Courts. 84 IV. The City and County of Honolulu's... |
2022 |
| Esther Sullivan |
PERSONAL, NOT REAL: MANUFACTURED HOUSING INSECURITY, REAL PROPERTY, AND THE LAW |
18 Annual Review of Law and Social Science 119 (2022) |
manufactured housing, mobile home, real property, personal property, inequality, insecurity Manufactured homes provide a critical source of affordable housing and are the primary source of low-income homeownership in the United States. Yet manufactured housing (MH) is both socially stigmatized and spatially marginalized, which translates to... |
2022 |
| Ronit Levine-Schnur |
POLITICAL DIVIDE, WEAK PROPERTY RIGHTS, AND INFRASTRUCTURE PROVISION: AN EMPIRICAL EXAMINATION OF TAKINGS DECISIONS IN JERUSALEM |
47 Law and Social Inquiry 821 (August, 2022) |
In this article I use a unique hand-coded dataset of all expropriation exercises in Jerusalem over a twenty-five-year period to test the distribution of the expropriation burden across political communities. I identify the ethnoreligious group to which the impacted landowner belongs and the community that would benefit from the decision. I find... |
2022 |
| National League of Cities |
PRINCIPLES OF HOME RULE FOR THE 21ST CENTURY |
100 North Carolina Law Review 1329 (June, 2022) |
This has been excerpted and adapted from the National League of Cities Principles of Home Rule for the 21st Century report. Read the full report at: https://www.nlc.org/wp-content/uploads/2020/02/Home-Rule-Principles-ReportWEB-2-1.pdf. I. Preamble. 1330 A. Introduction. 1330 B. The Many Paths of Home Rule. 1332 C. The Imperative To Reform Home... |
2022 |
| Paul Butler |
PROGRESSIVE PROSECUTORS ARE NOT TRYING TO DISMANTLE THE MASTER'S HOUSE, AND THE MASTER WOULDN'T LET THEM ANYWAY |
90 Fordham Law Review 1983 (April, 2022) |
[T]he master's tools will never dismantle the master's house. --Audre Lorde Introduction. 1983 I. The Master'S Tools Thesis: How IT Started/Where IT Landed. 1984 II. Lawyering the Master'S House. 1986 III. Progressive Prosecutors. 1988 A. Black Women Progressive Prosecutors. 1994 1. Aramis Ayala. 1995 2. Kim Foxx. 1996 B. Reforming the Master's... |
2022 |
| Carol M. Rose |
PROPERTY LAW AND INEQUALITY: LESSONS FROM RACIALLY RESTRICTIVE COVENANTS |
117 Northwestern University Law Review 225 (2022) |
Abstract--A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted... |
2022 |
| Emily M. Shinn |
PROPERTY RIGHTS AND URBAN FARMING: EXAMINING THE ROLE OF RESTRICTIVE COVENANTS ON URBAN AGRICULTURE DURING TIMES OF NATIONAL FOOD INSECURITY AND CRISIS IN THE UNITED STATES |
96 Tulane Law Review 503 (February, 2022) |
I. Introduction. 504 II. Background of Agricultural Covenants: Keeping Out the Unwanted. 508 III. Implications of Urban Farming in the Modern World. 512 A. Resilience and Adaptation: Urban Agriculture as a Viable Solution During Times of National Emergency. 513 B. Urban Farming at Work: Lessons Learned from the Past and Present. 516 1. Detroit,... |
2022 |
| Amy Liang |
PROPERTY versus ANTIDISCRIMINATION: EXAMINING THE IMPACTS OF CEDAR POINT NURSERY v. HASSID ON THE FAIR HOUSING ACT |
89 University of Chicago Law Review 1793 (November, 2022) |
The Fair Housing Act is a groundbreaking federal law enacted in 1968 during the civil rights movement. Reflecting a policy judgment that the public's interest in eliminating housing discrimination outweighs a prejudicial landlord's property right to exclude, it prohibits landlords from rejecting tenants on a discriminatory basis. However, as the... |
2022 |
| Stephen R. Miller |
PROSPECTS FOR A UNIFIED APPROACH TO HOUSING AFFORDABILITY, HOUSING EQUITY, AND CLIMATE CHANGE |
46 Vermont Law Review 463 (Spring, 2022) |
Introduction. 463 I. Background. 464 II. Activists' Goals and Limitations. 466 III. Developer-Cognizant Solutions. 476 A. Eliminating Single-Family Districts. 476 B. Accessory Dwelling Units. 480 C. Code Reform. 481 D. Subdivisions. 483 E. Greenfield Development. 486 F. Redefining the Development Industry. 487 G. Federal Investment. 488 Conclusion.... |
2022 |
| Akilah M. Browne, A. Mychal Johnson |
PUBLIC LAND FOR PUBLIC GOOD: A CALL FOR A REPARATIVE APPLICATION OF THE PUBLIC TRUST DOCTRINE IN NEW YORK |
30 New York University Environmental Law Journal 303 (2022) |
Introduction. 304 I. The Racially Discriminatory History of American Property Law. 311 II. New York's Interpretation and Application of the Public Trust Doctrine. 313 III. An Expansive and Reparative Application of the Public Trust Doctrine. 317 Conclusion. 322 |
2022 |
| Alida B. Soileau |
QUASI-PROPERTY NO MORE: "HUMAN HERITAGE" AS A NEW LEGAL STATUS FOR THE DEAD |
74 South Carolina Law Review 111 (Autumn, 2022) |
This Article examines the existing American frameworks for the disposition of human remains. Classified as quasi-property, no one can truly have an ownership interest in them. This piece proceeds by highlighting the shortcomings of the quasi-property designation. It asserts that the needs of the living, which generally trump the interests of the... |
2022 |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
| Daniel B. Rosenbaum |
REFORMING LOCAL PROPERTY FOR AN ERA OF NATIONAL DECLINE |
70 Buffalo Law Review 1115 (May, 2022) |
Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their... |
2022 |
| Erica V. Rodarte Costa |
REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING |
170 University of Pennsylvania Law Review 811 (February, 2022) |
Centuries-old economic and racial injustices have molded our federal housing assistance. From the way we construct public housing--whether it has access to high-quality amenities or is built segregated from opportunities--to the stringent policies that dictate eligibility, the federal government dictates who deserves housing assistance along racial... |
2022 |
| Vickie S. Longosz |
REPOSITIONING OR RECAPITALIZATION OF PUBLIC HOUSING, MIXED-FINANCED HOUSING, AND SECTION 202 ELDERLY HOUSING AND KEEPING IT AFFORDABLE |
31 Journal of Affordable Housing & Community Development Law 95 (2022) |
I. Introduction. 95 II. A Brief History. 97 A. Public Housing. 97 B. Mixed Financed Housing. 99 C. Section 202 Elderly Housing. 100 III. Long-Term Portfolio Issues for Public Housing. 101 A. What Is Repositioning?. 102 B. What Is Recapitalization?. 102 C. The Public Housing Options Today. 102 1. RAD. 102 2. Faircloth to RAD. 104 3. Section 18... |
2022 |
| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
| Elisabeth A. Dannan |
RIGHTS TO REMOVE: CONSTITUTIONAL MUNICIPAL RIGHTS TO REMOVE CONFEDERATE MONUMENTS FROM PUBLIC PROPERTY |
72 Syracuse Law Review 1355 (2022) |
Abstract. 1355 Introduction. 1356 I. History and Jurisprudence of Limited Municipal Rights. 1360 A. Hunter, Trenton, and Williams. 1361 B. Ysursa v. Pocatello Education Association. 1364 II. Municipal First Amendment Claims: Government and Compelled Speech. 1365 A. Government Speech. 1367 B. Compelled Speech. 1372 III. Municipal Equal Protection... |
2022 |
| Elizabeth Foy Gudgel |
SENTENCING AFTER STASH HOUSES: ADDRESSING MANIPULATION OF THE FEDERAL SENTENCING GUIDELINES |
91 Fordham Law Review 207 (October, 2022) |
In the realm of undercover work, law enforcement has broad discretion to define the contours of a criminal offense. Due to quantity-based provisions in the Federal Sentencing Guidelines, federal agents or their informants may coerce an individual into a higher sentencing range by escalating their behavior to align with mandatory minimums or... |
2022 |
| Eric Biber , Giulia Gualco-Nelson , Nicholas Marantz , Moira O'Neill |
SMALL SUBURBS, LARGE LOTS: HOW THE SCALE OF LAND-USE REGULATION AFFECTS HOUSING AFFORDABILITY, EQUITY, AND THE CLIMATE |
2022 Utah Law Review 1 (2022) |
Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating... |
2022 |
| Ryan Cook |
SPLITTING HEIRS: HOW HEIRS' PROPERTY CONTINUES THE LEGACY OF CHALLENGES TO THE ACCUMULATION OF WEALTH FOR BLACK AMERICANS |
32 University of Florida Journal of Law and Public Policy 573 (Summer, 2022) |
What happens to a dream deferred? -Langston Hughes When people die without executing estate planning instruments, their real property is divided to their heirs as tenants in common. Property owned in this arrangement is called heirs' property. The issues associated with heirs' property are compounded when several generations pass without proper... |
2022 |
| Lee Anne Fennell |
STREAMING PROPERTY |
117 Northwestern University Law Review 95 (2022) |
Abstract--People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a... |
2022 |
| Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada |
TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY |
56 Law and Society Review 6 (March, 2022) |
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... |
2022 |
| Angela R. Riley |
THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW |
121 Michigan Law Review 75 (October, 2022) |
Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... |
2022 |
| Eric Dunn |
THE CASE AGAINST RENTAL APPLICATION FEES |
30 Georgetown Journal on Poverty Law and Policy 21 (Fall, 2022) |
Rental application fees have become exceedingly common throughout the United States rental market, with housing seekers routinely paying anywhere from $30 to over $50 per adult just to apply for admission. These fees are typically justified as compensation for a landlord's costs in conducting background screening on applicants--though certain... |
2022 |
| Jennifer Wriggins |
THE COLOR OF PROPERTY AND AUTO INSURANCE: TIME FOR CHANGE |
49 Florida State University Law Review 203 (Winter, 2022) |
Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race and racism, including history and current regulation. Two of the most important... |
2022 |