| Author | Title | Citation | Summary | Year |
| Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
2024 |
| John M. Groen |
TAKINGS, ORIGINAL MEANING, AND APPLYING PROPERTY LAW PRINCIPLES TO FIX PENN CENTRAL |
39 Touro Law Review 973 (2024) |
Justice Clarence Thomas, dissenting in Murr v. Wisconsin, suggested the Supreme Court take a fresh look at its regulatory takings jurisprudence and see whether it can be grounded in the original public meaning of the Takings Clause. He repeated this request in Bridge Aina Le'A, LLC v. Hawaii Land Use Commission, but also sharply criticized the... |
2024 |
| |
THE COASTAL PROPERTY INSURANCE CRISIS |
54 Environmental Law Reporter (ELI) 10443 (June, 2024) |
More severe storms and rising sea levels pose a threat to U.S. coastal communities, including millions of homes and businesses. Insured damages to coastal property are steadily increasing, insurance premiums are increasing, and private insurance companies have stopped serving some coastal states. Taken together, the consequences of declining... |
2024 |
| Dan M. Smolnik |
THE CONNECTICUT MUNICIPAL REAL PROPERTY TAX: A CLOSER LOOK AT THE HISTORIC AND EVOLVING LANDSCAPE |
46 Western New England Law Review 212 (2024) |
Connecticut's tax on real property has been adopted by the continuum of time as necessary to the public fisc. In 1639, Connecticut adopted the Fundamental Orders, a document that arose from the agreement among the towns of Hartford, Wethersfield, and Windsor and bore more than a passing resemblance to seventeenth century charters of trading... |
2024 |
| Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as sovereign governments, often negotiating treaties with each other to... |
2024 |
| Willy E. Rice |
THE EMERGING NAME, IMAGE, AND LIKENESS INDUSTRY AND THE PERILS OF APPROPRIATING "ENTREPRENEURIAL" COLLEGIATE ATHLETES' AND "VENGEFUL" MINORS' PROPERTY INTERESTS--HISTORICAL AND EMPIRICAL GUIDANCE FROM COURTS' RIGHT OF PUBLICITY, MISAPPROPRIATION, AND BREA |
13 Berkeley Journal of Entertainment & Sports Law 99 (2024) |
From the late-1880s to the early-2020s, universities and the collegiate sports industry exploited millions of college kids as well as their parent investors by preventing entrepreneurial athletes from monetizing their names, images, and likenesses (NILs). Yet, during the same era, the collegiate-athletics industry--like the movie and music... |
2024 |
| William C. Handorf, Reginald T. O'Shields, Tyler Holt |
THE FEDERAL HOME LOAN BANKS APPROACH 100: EVOLUTION FROM HOUSING LENDER TO LIQUIDITY PROVIDER |
28 North Carolina Banking Institute 45 (March, 2024) |
The Federal Home Loan Banks (FHLBanks) have evolved dramatically and intentionally through statutory changes since their creation. The FHLBanks were created almost a century ago during the Great Depression to support mortgage lending, an industry that collapsed as a result of dire economic conditions. Commercial banks and savings and loan... |
2024 |
| Miranda Guedes |
THE GHOST OF JIM CROW: THE HUMAN RIGHT TO HOUSING, GENERATIONAL WEALTH, THE NEIGHBORHOOD HOMES INVESTMENT ACT, AND THE AMERICAN LEGAL SYSTEM |
14 University of Miami Race & Social Justice Law Review 165 (Spring, 2024) |
To have a decent place to live is a basic human right. - Jimmy Carter The U.N. Committee on Economic, Social, and Cultural Rights provides the following framework when defining the human right to housing: (1) security of tenure; (2) availability of services; (3) affordability; (4) habitability; (5) accessibility; (6) location; and (7) cultural... |
2024 |
| Molefi McIntosh |
THE IMPORTANCE OF LANGUAGE IN THE CONTEXT OF HEIRS' PROPERTY POLICYMAKING |
49 ACTEC Law Journal 195 (Spring, 2024) |
Heirs' property constitutes a common legal form of family property ownership within the African American community as well as within other socioeconomically disadvantaged communities. It is a problematic form of ownership that mostly arises when someone dies without having made a will or other type of estate plan .. There are a number of severe... |
2024 |
| Faith O. Majekolagbe |
THE INTERNATIONAL COPYRIGHT SYSTEM AND DEVELOPMENT: THE ROLE OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION |
57 Vanderbilt Journal of Transnational Law 1123 (October, 2024) |
As the main international organization formed to promote intellectual property (including copyright) policies globally, the World Intellectual Property Organization (WIPO) has a vital role to play in positioning the international copyright system towards better support for access to knowledge and human development. The 2007 WIPO Development Agenda... |
2024 |
| Michael-James Currie , Stephany Torres , Joshua Eveleigh , Dr Madelein Kleyn , Director, Primerio, South Africa, E-mail: m.currie@primerio.international, Senior Associate, Primerio, South Africa, E-mail: s.torres@primerio.international, Associate (Designa |
THE INTERPLAY BETWEEN ANTITRUST LAW AND INTELLECTUAL PROPERTY LAW IN SOUTH AFRICA: A CRITICAL ANALYSIS OF THE OECD RECOMMENDATION ON INTELLECTUAL PROPERTY RIGHTS AND COMPETITION |
59 les Nouvelles 12 (March, 2024) |
The interplay between competition law and intellectual property remains the subject of much debate. Intellectual property creates monopolistic rights to protect and reward innovation and incentivise creators, whilst competition law seeks to balance these monopolistic rights by maintaining an open and competitive market. Competition and intellectual... |
2024 |
| Jill Warren |
THE INTRICACIES OF NIMBYISM: EXCLUSIONARY ZONING AND THE FAIR HOUSING ACT IN CONNECTICUT |
56 Connecticut Law Review 973 (March, 2024) |
Connecticut is one of the wealthiest states in the country, yet there is an alarming shortage of affordable housing across the state. The regulatory schemes of Connecticut municipalities only exacerbate the issue. Many towns and cities employ exclusionary zoning policies and regulations that make it difficult for lower-income households to reside... |
2024 |
| Edward J. McCaffery |
THE PROPERTY-TAX BUNDLE OF RIGHTS |
2024 Michigan State Law Review 99 (2024) |
Introduction. 100 A. Concept and Conceptions. 102 B. The Road Ahead. 106 I. Elements. 108 A. The Rights of Property. 108 B. The Term Structure of Property. 110 C. Two Components of Tax. 112 1. The Timing of Tax. 112 2. The Rate Structure of Tax. 114 D. The Project of a Property-Tax Bundle. 115 E. Money as Property. 117 1. Money in Locke. 119 2.... |
2024 |
| Francesca Zepeda |
THE STUPA AMARAVATI OF INDIA: WHERE BRITISH COMMON LAW CONTROLS THE REPATRIATION OF CULTURAL PROPERTY |
20 Loyola University Chicago International Law Review 93 (Spring, 2024) |
Repatriation of cultural property currently in the hands of the British Museum has been the topic of intense debate for decades. Activists argue for the return of the cultural art to its country of origin and to abide by international law for the protection of art antiquities. The British Museum and their supporters argue to maintain the status... |
2024 |
| Shelby D. Green |
THE TRANSMOGRIFICATION OF MORATORIA IN SUPPORT OF RENT REGULATIONS: FALSE STEPS TO AFFORDABLE HOUSING |
58 University of San Francisco Law Review 314 (2024) |
[D]ominion over things is also imperium over our fellow human beings. The Ballingers were in the military service and were to be deployed overseas for a year. They had bought a condominium unit as their residence earlier in the year. While they were to be away, they rented the unit to Temperance under a one-year lease. When they returned and the... |
2024 |
| Kaitlyn Carrara |
TOWARD A UNIFORM INTELLECTUAL PROPERTY EXCEPTION TO CDA § 230 |
64 South Texas Law Review 65 (Fall, 2024) |
I. Introduction. 65 II. Background. 68 A. The Purpose of the Communications Decency Act and § 230. 68 B. Current Issues with § 230. 70 C. Internet Service Providers and Interactive Computer Services. 71 D. What is Intellectual Property?. 73 E. The Lanham Act and the Digital Millennium Copyright Act. 76 F. The Right of Publicity and Privacy. 79 G.... |
2024 |
| John Whitlow |
TOWARD HOUSING JUSTICE: LAW, TENANT POWER, AND THE DECOMMODIFICATION OF URBAN PROPERTY |
27 University of Pennsylvania Journal of Law and Social Change 175 (2024) |
This Article explores the burgeoning movement for housing justice in the United States by focusing on recent examples of tenant organizing and law reform campaigns in New York City and San Francisco. In the case of New York, a coalition of tenants successfully mobilized in 2019 to strengthen the rent laws for the first time in decades. Those... |
2024 |
| Geraldo Vidigal, Pramiti Parwani |
TRIPS AT THIRTY: THE EVOLVING INTERACTIONAL LAW OF PUBLIC HEALTH EXCEPTIONS TO INTELLECTUAL PROPERTY PROTECTION |
57 Vanderbilt Journal of Transnational Law 1489 (November, 2024) |
Debates regarding public health and the international protection of intellectual property (IP) often focus on patent protection under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and regional trade agreements, with demands for change being framed as demands for further textual... |
2024 |
| Ariana Levi |
UNDER PRESSURE, FACING THE RISING TIDE: THE LEGAL AND HUMANITARIAN CRISIS OF FLOOD PRONE COASTAL PROPERTY |
12 LSU Journal of Energy Law & Resources 577 (Summer, 2024) |
C1-2Table of Contents Introduction. 578 I. Background. 581 A. Environmental and Climate Science: What Got Us Here?. 581 1. Louisiana as a Model for Global Climate Change Impacts. 582 2. Projections for the Rest of the Global Community. 584 B. Policy Considerations: The Highest and Best Use of Land in the Modern Era. 586 C. The Buyout Process... |
2024 |
| Association of Corporate Counsel, Staff, ACC |
WHAT IN-HOUSE COUNSEL SHOULD KNOW ABOUT JUNETEENTH |
6/19/2024 ACC Docket 1 (6/19/2024) |
Banner artwork by Lightspring / Shutterstock.com Juneteenth, also known as Emancipation Day, Freedom Day, Black Independence Day, and a plethora of other names, also, short for June Nineteenth, marks the day emancipated enslaved African Americans got news of their newfound freedom from federal troops that arrived in Galveston, Texas, in... |
2024 |
| Allison Gherovici |
WHATEVER HAPPENED TO PROTECTING FAMILIES: THE SIXTH CIRCUIT NARROWS AVAILABILITY OF 42 U.S.C. § 1983 RELIEF FOR CHILDREN OF A WRONGFULLY INCARCERATED PARENT |
69 Villanova Law Review 397 (2024) |
In 2017, a Texas court overturned the wrongful conviction of Hannah Overton, a mother of five. Overton was fostering a four-year-old child who mysteriously died of high sodium levels. The court convicted Overton of capital murder and sentenced her to prison for seven years. Ten years after the conviction, Overton's appellate attorney prevailed on a... |
2024 |
| Sarah K. Lynch-Chaput |
WHEN WALL STREET BECOMES AMERICA'S LANDLORD: HOW WALL STREET SINGLE-FAMILY RENTAL INVESTMENT FIRMS ARE INFILTRATING AMERICAN NEIGHBORHOODS AND DISRUPTING THE HOUSING MARKET |
63 Washburn Law Journal 449 (Spring, 2024) |
The 2008 economic recession and financial crisis, coupled with a significant amount of home foreclosures, led to a surplus of foreclosed homes available for purchase. Historically, local mom-and-pop landlords or small-scale investors have owned single-family rentals. After the 2008 recession, however, large investment companies entered the... |
2024 |
| Timothy Gentles |
WHITHER AFFIRMATIVELY FURTHERING FAIR HOUSING IN NEW YORK? THE AFFH MANDATE IN AN ERA OF LAND USE REFORM |
45 Cardozo Law Review 977 (February, 2024) |
C1-2Table of Contents Introduction. 978 I. Background. 985 A. The Fair Housing Act and the Duty to Affirmatively Further Fair Housing. 985 1. History of the AFFH Mandate. 985 2. Litigation Under the AFFH Mandate. 989 B. Exclusionary Zoning and Fair Housing. 991 C. Exclusionary Zoning in New York. 995 II. Analysis of the New York AFFH Law. 996 A.... |
2024 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
52 Real Estate Law Journal 103 (Winter, 2024) |
As American zoning has become more restrictive, housing construction has plummeted. During the 1970s, 17 million housing units were completed, or roughly one unit for every 12 U.S. residents. By contrast, during the 2010s, only 10.8 million units were completed, or one for every 28 residents. Construction of single-family structures decreased by... |
2024 |
| Maria Civitello |
"ONE HOME, MANY GENERATIONS": HOW ADOPTING A UNIFORM DEFINITION OF THE "MULTIGENERATIONAL FAMILY" COULD BENEFIT MILLIONS OF AMERICANS |
31 Elder Law Journal 133 (2023) |
For the past several decades, the number of Americans living in multigenerational homes has been steadily increasing. Multigenerational families may choose to live together for a variety of reasons; for example, some families achieve greater economic security by combining generations into one household, while others may wish to live together in... |
2023 |
| Nadiyah J. Humber |
A HOME FOR DIGITAL EQUITY: ALGORITHMIC REDLINING AND PROPERTY TECHNOLOGY |
111 California Law Review 1421 (October, 2023) |
Property technologies (PropTech) are innovations that automate real estate transactions. Automating rental markets amplifies racial discrimination and segregation in housing. Because screening tools rely on data drawn from discriminatory--and often overtly segregationist--historical practices, they replicate those practices' unequal outcomes in the... |
2023 |
| Matthew Fern |
A SUBSTANTIVE(-ISH) RIGHT TO HOUSING: AN AMERICAN PROBLEM |
73 DePaul Law Review 57 (Fall, 2023) |
America: the land of the free and the home of the brave, but not really the nation of the housed. Housing instability, as defined by the U.S. Department of Health and Human Services, is the combination effect of high housing costs, poor housing quality, unstable neighborhoods, overcrowding, and homelessness. American people suffer with unaffordable... |
2023 |
| Jon DeCarmine , Joseph S. Jackson |
A TALE OF TWO TENT CITIES: THE CRITICAL ROLE OF HOUSING ENGAGEMENT IN ADDRESSING HOMELESS ENCAMPMENTS |
30 Georgetown Journal on Poverty Law and Policy 371 (Spring, 2023) |
Local governments have essentially three choices in responding to the presence of homeless encampments. They can adopt a law enforcement approach, forcing individuals to move their camps on pain of arrest for trespassing. They can adopt an out of sight, out of mind approach, designating a specified area where homeless individuals are permitted to... |
2023 |
| Patricia R. Di Pasquale |
AFFORDABLE HOUSING versus HOUSING SAFETY: ILLEGAL HOUSING IN CALIFORNIA AND THE HOUSING AND BUILDING CODE DICHOTOMY |
32 Journal of Affordable Housing & Community Development Law 255 (2023) |
The affordable housing crisis and the lack of housing for low-income individuals is a significant problem in major metropolitan areas in the United States and specifically in California. This article introduces the affordable housing crisis, how building codes impact the affordable housing crisis, and how private citizens are responding to the... |
2023 |
| Carlos Arroyo Batista, Columbia University |
AFTER SERVITUDE: ELUSIVE PROPERTY AND THE ETHICS OF KINSHIP IN BOLIVIA MAREIKE WINCHELL (OAKLAND: UNIVERSITY OF CALIFORNIA PRESS, 2022) |
46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) |
What does it mean to question the idea that legally defined property would bring liberty to Bolivia's Indigenous population? What are the underlying relations between human groups and land that a property regime absorbs and transforms? How do agrarian officials construct property as a form of normative, racialized citizenship? Using two years of... |
2023 |
| Paige Franckiewicz |
AIN'T DERE NO MORE: HOW ADDRESSING EQUITY GAPS IN LOUISIANA PROPERTY LAW CAN MITIGATE THE GENTRIFICATION OF NEW ORLEANS |
24 Loyola Journal of Public Interest Law 31 (Spring, 2023) |
Part I of this Comment addresses the unique demographic and environmental factors which leave marginalized New Orleanians at the behest of exploitative government takings and subsequent gentrification, with the construction of Interstate 10 in Tremé and the downtown medical district in lower Mid-City serving as case studies. Part I also notes the... |
2023 |
| Ben Horton |
AN ISSUE OF FIRST IMPRESSION? STATE CONSTITUTIONAL LAW AND JUDGING THE QUALIFICATIONS OF CANDIDATES FOR THE HOUSE AND SENATE |
102 Nebraska Law Review 93 (2023) |
Article I, section 5, clause 1, makes each House of Congress the judge of the Elections, Returns, and Qualifications of its members. But what does that mean? For historical and jurisdictional reasons, there is a lack of federal precedent on the scope of judicial review of constitutional qualifications of candidates for the House or Senate.... |
2023 |
| Jessica Xu |
AWARDING RACIAL SEGREGATION: THE LOW-INCOME HOUSING TAX CREDIT AS A NEW RACIALLY RESTRICTIVE COVENANT |
70 UCLA Law Review 596 (August, 2023) |
The United States has a history of racial segregation in its facilitation of federal housing programs. One such program, the Low-Income Housing Tax Credit (LIHTC), was intended to respond to the need for affordable housing since its establishment in 1986. Through the LIHTC program, the federal government grants tax credits to investors and... |
2023 |
| Lolita Darden |
BALANCING THE INEQUITIES IN APPLYING NATURAL PROPERTY RIGHTS TO RIGHTS IN REAL OR INTELLECTUAL PROPERTY |
9 Texas A&M Journal of Property Law 493 (5/28/2023) |
Eric Claeys's book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to Claeys's theory are the concepts of justified interests and productive use. A justified interest, Claeys writes, exists when an individual demonstrates a stronger interest in a resource than anyone else in the... |
2023 |
| Megan E. Bowling |
BECOMING "AUDIT" IT CAN BE: IMPROVING PUBLIC SCHOOL FUNDING THROUGH A STREAMLINED SALES AND USE TAX AGREEMENT FOR REAL PROPERTY TAX |
92 University of Cincinnati Law Review 485 (2023) |
In the early nineteenth century, famed Massachusetts Board of Education Secretary of State and state legislator Horace Mann launched his now-fabled campaign on the behalf of schools that give every child a free, straight, solid pathway by which [they] can walk directly from the ignorance of an infant to . knowledge. Over the next two centuries,... |
2023 |
| Angela R. Riley |
BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 |
136 Harvard Law Review 2074 (June, 2023) |
Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... |
2023 |
| Timothy M. Mulvaney |
BENEATH THE PROPERTY TAXES FINANCING EDUCATION |
123 Columbia Law Review 1325 (June, 2023) |
Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school... |
2023 |
| Emma Sargent |
BOULDER IS FOR PEOPLE: ZONING REFORM AND THE FIGHT FOR AFFORDABLE HOUSING |
94 University of Colorado Law Review 857 (Summer, 2023) |
The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental... |
2023 |
| Jenna Prochaska |
BREAKING FREE FROM "CRIME-FREE": STATE-LEVEL RESPONSES TO HARMFUL HOUSING ORDINANCES |
27 Lewis & Clark Law Review 259 (2023) |
Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)--local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at... |
2023 |
| Khadijah Wright |
BRIDGE OR BARRIER: THE INTERSECTION OF WEALTH, HOUSING, AND THE DISPARATE IMPACT STANDARD |
17 Florida A & M University Law Review 203 (Spring, 2023) |
C1-2Table of Contents I. Wealth and Race are Significantly Intertwined Historically. 205 A. Historical Barriers to Wealth Used Race as A Basis for Exclusion. 205 B. Wealth Exclusion Affects Both Race and Housing. 209 II. The Fair Housing Act of 1968 intended to Prevent Discrimination Based on Group Characteristics. 212 A. Tropes: A Substitute for... |
2023 |
| Jessica Robertson |
CALIFORNIA ASSEMBLY BILL 3121'S CLAIM FOR BLACK REDRESS: THE CASE FOR A STATE TRUTH AND RECONCILIATION COMMISSION AND HOUSING VOUCHERS |
60 San Diego Law Review 513 (August-September, 2023) |
C1-2Table of Contents I. Introduction. 514 II. The Keys to Atonement: Reconciliation and Rehabilitation. 515 A. The Tort Model and The Atonement Model Explained. 517 B. The Task Force Will Likely Seek a Reconciliatory Approach to Redress. 522 C. The Atonement Model Modified. 524 D. The Task Force Should Include a Truth and Reconciliation Commission... |
2023 |
| Karen E. Boxx |
COMMUNITY PROPERTY AND CONFLICT OF LAWS: A CACOPHONY OF CASES |
97 Tulane Law Review 657 (May, 2023) |
I. Introduction. 658 II. A Tale of Three Jurisdictions. 659 III. Description of the Marital Property Systems of the United States. 664 A. History of Community Property in the United States. 664 B. Common Aspects of the Community Property System in the Nine Traditional Community Property States. 665 C. Comparison of the Two Marital... |
2023 |
| Daniel Fitzpatrick |
COMPLEX SYSTEMS OF PROPERTY: CHANGE AND RESILIENCE AFTER A CATASTROPHIC DISASTER |
71 American Journal of Comparative Law 1 (Spring, 2023) |
This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems. Complex systems theory provides an alternative to economic models that adopt assumptions of linearity in property rights transitions--where inputs such as rising resource values induce proportionate outputs in the formation... |
2023 |
| Lisa Lucile Owens |
CONCENTRATED SURVEILLANCE WITHOUT CONSTITUTIONAL PRIVACY: LAW, INEQUALITY, AND PUBLIC HOUSING |
34 Stanford Law and Policy Review 131 (2023) |
Equal treatment of citizens under the law is a supposedly central value in the American legal system, and yet laws often contribute to the further entrenchment of inequality. This Article utilizes qualitative social scientific data to shed light on the differential impacts of law. In particular, this Article asks how vulnerable individuals and... |
2023 |
| Linda E. Fisher |
CONSUMER FRAUD, HOME FINANCING, AND THE EROSION OF TRUST |
118 Northwestern University Law Review 115 (2023) |
Abstract--Consumer fraud is a civil violation of a remedial statute not requiring specific intent to deceive. Most consumer fraud statutes define violations as unconscionable, misleading, or deceptive practices irrespective of intent, in derogation of the principle of caveat emptor. They do not apply to business-to-business transactions. Trust... |
2023 |
| Brandon Weiss |
CORPORATE CONSOLIDATION OF RENTAL HOUSING & THE CASE FOR NATIONAL RENT STABILIZATION |
101 Washington University Law Review 553 (2023) |
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Market-sensitive and nuanced rent stabilization laws have... |
2023 |
| |
DAMON Y. SMITH, GENERAL COUNSEL, IN CONVERSATION WITH ASSISTANT SECRETARY FOR HOUSING-FHA COMMISSIONER JULIA GORDON |
31 Journal of Affordable Housing & Community Development Law 287 (2023) |
Damon Y. Smith: What are your top priorities moving forward for the Office of Housing and FHA? Julia Gordon: One of the most exciting parts of being at HUD right now is that my personal priorities honed over a lifetime of work in the public interest sector align with those of Secretary Fudge and President Biden. These include advancing racial... |
2023 |
| Nicole Stelle Garnett |
DECOUPLING PROPERTY AND EDUCATION |
123 Columbia Law Review 1367 (June, 2023) |
Over the past several years, the landscape of K-12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These... |
2023 |
| Peter K. Yu |
DEFERRING INTELLECTUAL PROPERTY RIGHTS IN PANDEMIC TIMES |
74 Hastings Law Journal 489 (February, 2023) |
This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and... |
2023 |
| Christine Cimini |
DESIGNING INTERDISCIPLINARY, EARLY INTERVENTION DISPUTE RESOLUTION TOOLS TO DECREASE EVICTIONS AND INCREASE HOUSING STABILITY |
70 Washington University Journal of Law & Policy 33 (2023) |
This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations... |
2023 |