| Author | Title | Citation | Summary | Year |
| 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 |
| John G. Sprankling |
THE CONSTITUTIONAL RIGHT TO "ESTABLISH A HOME" |
90 George Washington Law Review 632 (June, 2022) |
Everyone needs a home. But exclusionary zoning ordinances in many communities prevent low-income and moderate-income families from securing affordable homes, disproportionately harming people of color. Because these ordinances satisfy the rational basis test, they have been immune from substantive due process attack. This Article provides a new... |
2022 |
| Noah M. Kazis |
THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS |
121 Michigan Law Review 221 (November, 2022) |
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?... |
2022 |
| Kylene B. Hernandez |
THE FAIR HOUSING PROBLEM WITH ACCESSORY DWELLING UNITS IN CALIFORNIA |
25 Chapman Law Review 415 (Spring, 2022) |
Introduction. 416 I. ADUs: A General Background. 418 II. California's Housing Crisis as it Exists Today. 424 A. Defining the Housing Crisis. 424 B. The Real California Nuisance: Unreasonable Obsession with Single-Family Zoning. 426 C. Who is Impacted? Race as a Proxy for Income. 430 III. Fair Housing Laws: Where do ADUs Fit in?. 433 A. The FHA:... |
2022 |
| Sarah Moore Johnson , Raymond C. Odom |
THE FORGOTTEN 40 ACRES: HOW REAL PROPERTY, PROBATE & TAX LAWS CONTRIBUTED TO THE RACIAL WEALTH GAP AND HOW TAX POLICY COULD REPAIR IT |
57 Real Property, Trust and Estate Law Journal 1 (Spring, 2022) |
Authors' Synopsis: American racial history has been intertwined with land and wealth since the dawn of our nation. Slavery and the country's continued policies of institutionalized racism have resulted in a median ten-to-one wealth disparity between White and Black Americans. Throughout history, reparations have been a recognized method for... |
2022 |
| Sateesh Nori, Esq. |
THE GROUND BENEATH OUR FEET: BASEMENT APARTMENTS, CLIMATE CHANGE, AND HOUSING INEQUALITY |
30 New York University Environmental Law Journal 325 (2022) |
[They] mistook measurement for understanding. And they always had to put themselves at the center of everything. That was their greatest conceit. The earth is becoming warmer--it must be our fault! The mountain is destroying us-- we have not propitiated the gods! It rains too much, it rains too little--a comfort to think that these things are... |
2022 |
| K-Sue Park |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
131 Yale Law Journal 1062 (February, 2022) |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
2022 |
| Allison Anna Tait |
THE HOME OF THE DISPOSSESSED |
28 Michigan Journal of Gender & Law 195 (2022) |
The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them--the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when... |
2022 |
| Leyna Brostowski |
THE HOUSING LOOPHOLE: HOUSING DISCRIMINATION'S IMPACT ON LONG ISLAND'S PUBLIC SCHOOL SYSTEM |
50 Hofstra Law Review 657 (Spring, 2022) |
Brown v. Board of Education is a landmark United States Supreme Court case holding that the racial segregation of public schools is unconstitutional. However, over sixty years later, racial segregation in the public school system still exists. The effects of years of deliberate racial segregation, coupled with subtler methods of discrimination, did... |
2022 |
| Martha Galvez, Sophie House, Zi Lin Liang |
THE HOUSING SOLUTIONS LAB |
30 Journal of Affordable Housing & Community Development Law 387 (2022) |
The Housing Solutions Lab (the Lab), launched in 2021 at NYU Furman Center for Real Estate and Urban Policy with funding from the Robert Wood Johnson Foundation, works with small and midsize cities to develop, implement, and evaluate effective and equitable housing policies. The Lab is motivated by a current dearth of evidence about the... |
2022 |
| Jad G. Elchahal |
THE IOWA GENERAL ASSEMBLY MUST ACT TO PROTECT THE PERSONAL PROPERTY RIGHTS OF TENANTS |
108 Iowa Law Review 409 (November, 2022) |
ABSTRACT: In Iowa, thirty percent of all households rent rather than own. At the termination of a rental agreement, or after abandonment is established, Iowa's current case law gives landlords the power to enter the leased premises and take possession of any remaining personal property without notice to the tenant. In Iowa, residential, commercial,... |
2022 |
| Andrea Ballestero |
THE RE-COMBINATORY NATURE OF PROPERTY WITHIN RACIAL REGIMES OF OWNERSHIP |
47 Law and Social Inquiry 1061 (August, 2022) |
Brenna Bhandar. Colonial Lives of Property: Law, Land, and Racial Regimes of Ownership. Durham, NC: Duke University Press, 2018. At a time when enduring and entrenched structures of racial inequality and oppression have become public objects of concern in Euro-America, it is easy to feel as if those historical legacies and structural forces are too... |
2022 |
| Scotti Hill |
THE ROUND HOUSE BY LOUISE ERDRICH |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
2022 |
| Robert W. Gomulkiewicz |
THE SUPREME COURT'S CHIEF JUSTICE OF INTELLECTUAL PROPERTY LAW |
22 Nevada Law Journal 505 (Spring, 2022) |
Justice Clarence Thomas is one of the most recognizable members of the United States Supreme Court. Many people recall his stormy Senate confirmation hearing and notice his fiery dissenting opinions that call on the Court to reflect the original public meaning of the Constitution. Yet observers have missed one of Justice Thomas's most significant... |
2022 |
| Jonathan M. Karpoff , University of Washington |
THE TRAGEDY OF "THE TRAGEDY OF THE COMMONS": HARDIN versus THE PROPERTY RIGHTS THEORISTS |
65 Journal of Law & Economics S65 (February, 2022) |
Garrett Hardin's article The Tragedy of the Commons is widely influential but fundamentally incorrect. Hardin characterizes the commons problem as arising from the exercise of free will in a world with limited carrying capacity. Hardin's solutions to this problem emphasize coercive policies, including traditional command-and-control environmental... |
2022 |
| Jessica A. Shoemaker |
THE TRUTH ABOUT PROPERTY |
120 Michigan Law Review 1143 (April, 2022) |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
2022 |
| Camille M. Davidson |
TO MY CHILDREN IN EQUAL SHARES: THE FLAW OF ESTATE PLANNING WHEN PROPERTY IS DEVISED TO BENEFICIARIES AS TENANTS IN COMMON |
47 ACTEC Law Journal 187 (Spring/Summer, 2022) |
Mrs. Brenda, a widow, died at the age of 87. Mrs. Brenda and her husband had five children. She was preceded in death by her husband and two of her children. She was survived by three children. One deceased son, Johnny, had three legitimate children and one questionable child and the other deceased child had no children. Shortly after Mrs. Brenda's... |
2022 |
| Cory R. Bernard , Anthony Proano |
TOO HOT TO HANDLE: CURBING MOBILE HOME HEAT DEATHS IN A WARMING CLIMATE |
12 Washington Journal of Social & Environmental Justice 1 (January, 2022) |
As global warming intensifies, ensuring that its impacts do not disproportionately burden disadvantaged populations has become a growing policy concern. Within the United States, mobile home residents increasingly face climate injustices but are often overlooked in climate policy discussions. Even after accounting for income and race, mobile home... |
2022 |
| Peter K. Yu , Jorge L. Contreras , Yu Yang |
TRANSPLANTING ANTI-SUIT INJUNCTIONS |
71 American University Law Review 1537 (April, 2022) |
When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts... |
2022 |
| Thomas C. Berg |
TWO ESSAYS ON INTELLECTUAL PROPERTY AND SOCIAL JUSTICE |
18 University of Saint Thomas Law Journal 525 (Fall, 2022) |
The two faculty-written articles in this issue were presented at St. Thomas in a pair of programs on Intellectual Property and Social Justice in Spring 2021. Intellectual property (IP) laws--copyright, patent, trademark, and similar laws--can have significant effects on social equity for people and groups that are vulnerable or historically... |
2022 |
| Marketa Trimble |
UNJUSTLY VILIFIED TRIPS-PLUS?: INTELLECTUAL PROPERTY LAW IN FREE TRADE AGREEMENTS |
71 American University Law Review 1449 (April, 2022) |
Intellectual property (IP) law provisions of free trade agreements (FTAs) have attracted much criticism. Critics have argued that FTA negotiators, succumbing to the lobbying of various stakeholders, have eliminated or significantly limited many of the flexibilities that multilateral treaties had created, forced stronger IP protection onto... |
2022 |