AuthorTitleCitationSummaryYear
Shelly Kreiczer-Levy INTERGENERATIONAL RELATIONS AND THE FAMILY HOME 8 Law & Ethics of Human Rights 131 (May, 2014) Abstract: This article examines the issue of intergenerational cohabitation in the family home. Its primary purpose is to demonstrate that current analysis of internal conflicts in the home is lacking, both in terms of identifying the parties' interests and characterizing the tensions involved. It focuses on a specific three-way conflict between... 2014
  KEEPING CURRENT--PROPERTY 28-JUN Probate and Property 17 (May/June, 2014) 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: Lender is entitled to condemnation proceeds for damages to residue, but only up to amount of indebtedness. EMI owned a 12-acre parcel that was covered by... 2014
Zoe Ann Olson KNOWING FAIR HOUSING LAWS PROMOTES INCLUSIVENESS 57-APR Advocate 22 (March/April, 2014) Fair housing is best described as building a community in which all persons have access to a healthy environment they can enjoy. The Intermountain Fair Housing Council (IFHC) is a nonprofit organization whose mission is to ensure open and inclusive housing for all people throughout Idaho. As a community, we have the power to bring attention to... 2014
Dina Kopansky LOCKED OUT: HOW THE DISPROPORTIONATE CRIMINALIZATION OF TRANS PEOPLE THWARTS EQUAL ACCESS TO FEDERALLY SUBSIDIZED HOUSING 87 Temple Law Review 125 (Fall, 2014) Low-income trans people living at intersections of marginalization face heightened surveillance, violence, policing, and resultant interactions with the criminal justice system as a daily reality. Often already balancing unemployment, long-term poverty, and homelessness, such disproportionate criminalization is one more barrier to survival for... 2014
Christopher J. Tyson MUNICIPAL IDENTITY AS PROPERTY 118 Penn State Law Review 647 (Winter 2014) Detroit is bankrupt, and very little of the theorizing and editorializing about this watershed event has contemplated municipal boundary law as a contributing factor. To the extent that it has, the analysis fails to grasp how essential municipal boundaries are to the creation of economic and social value in the modern metropolis. It has been almost... 2014
Jorge L. Contreras NO MATTER HOW SMALL . PROPERTY, AUTONOMY, AND STATE IN HORTON HEARS A WHO! 58 New York Law School Law Review 603 (2013/2014) Dr. Seuss's Horton Hears a Who. has long been viewed as a parable of human equality and dignity. Published in 1954, the same year as the U.S. Supreme Court's landmark anti-discrimination decision in Brown v. Board of Education, Horton's famous refrain, A person's a person, no matter how small, elegantly reflects the egalitarian principles... 2014
Jean M. Zachariasiewicz NOT WORTH THE RISK: THE LEGAL CONSEQUENCES OF THE REFUSAL TO INSURE PROPERTIES WITH SECTION 8 TENANTS 33 No. 11 Banking & Financial Services Policy Report 19 (November, 2014) The willingness of insurance providers to issue policies to landlords who accept tenants using Section 8 vouchers is an issue at the intersection of fair housing and the insurance industry that is gaining prominence. Private investigation and action around this issue is taking place across the country, as evidenced by lawsuits in state and federal... 2014
Jess Kyle OF CONSTITUTIONS AND CULTURES: THE BRITISH RIGHT TO ROAM AND AMERICAN PROPERTY LAW 44 Environmental Law Reporter News & Analysis 10898 (October, 2014) Jess Kyle is a J.D. Candidate, University of Maryland Francis King Carey School of Law, 2015. This Article won Honorable Mention in the 2013-2014 Beveridge & Diamond Constitutional Environmental Law Writing Competition. In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private... 2014
Imani Jackson ON V. STIVIANO, DONALD STERLING'S COMPANION: EXPLORING WHITENESS AS PROPERTY 10 Florida A & M University Law Review 245 (Fall 2014) Introduction. 245 I. The Problem: White Male Institutions and Individuals Have Historically Established Black and Latina Women's Identity, Which Positions These Women at Risk of Physical and Reputational Harms. 251 II. Why the Master's Conduit Lacks Associative Freedom. 255 III. If Blackness is Property, then Black Men Own Larger Shares than Black... 2014
Desiree C. Hensley OUT IN THE COLD: THE FAILURE OF TENANT ENFORCEMENT OF THE LOW-INCOME HOUSING TAX CREDIT 82 University of Cincinnati Law Review 1079 (Summer, 2014) I. Introduction. 1080 II. Where the Southern Crossed the Dog Sunflower County, Mississippi. 1082 III. Affordable Housing for the Poor Is an Ever-Expanding Need. 1083 IV. The Low-Income Housing Tax Credit: America's Largest Corporate Tax Shelter Is Also America's Main Vehicle for Affordable Housing Production. 1086 V. Low-Income Housing Production,... 2014
Rashmi Dyal-Chand PRAGMATISM AND POSTCOLONIALISM: PROTECTING NON-OWNERS IN PROPERTY LAW 63 American University Law Review 1683 (August, 2014) Property law has a particular problem with non-owners. Although property law clearly identifies the rights of property owners, the rights of non-owners are vague. This problem is significant because modern property law is often called upon to balance the rights and needs of owners and non-owners. Property law cannot adequately perform this... 2014
Seth Davis PRESIDENTIAL GOVERNMENT AND THE LAW OF PROPERTY 2014 Wisconsin Law Review 471 (2014) This Article introduces a phenomenon that has been overlooked in the literature on property lawmaking: presidential governance of property law. On the conventional account, contributing to the development of the property system is about the last thing we would expect to see presidents doing. Yet the president is uniquely situated to treat property... 2014
Anne Marie Smetak PRIVATE FUNDING, PUBLIC HOUSING: THE DEVIL IN THE DETAILS 21 Virginia Journal of Social Policy and the Law 1 (Winter 2014) Public housing, an important component of the social safety net, has long been plagued by insufficient funding. A new federal program seeks to solve the funding challenges by opening public housing to private investment; quite literally, to mortgage public housing in order to save it. Coming, as it does, on the heels of a national foreclosure... 2014
John M. Lerner PRIVATE RIGHTS UNDER THE HOUSING ACT: PRESERVING RENTAL ASSISTANCE FOR SECTION 8 TENANTS 34 Boston College Journal of Law & Social Justice 41 (Winter, 2014) Abstract: The Housing Choice Voucher Program provides low-income families with federally funded rental assistance. In order to receive rental assistance, tenants and landlords must maintain units in compliance with the Housing Quality Standards promulgated by the United States Housing Act. A failure by either party to comply with the Housing... 2014
Timothy M. Mulvaney PROGRESSIVE PROPERTY MOVING FORWARD 5 California Law Review Circuit 349 (September, 2014) Introduction. 349 I. Rosser on Progressive Property. 351 A. An Introduction to Progressive Property. 351 B. Rosser's Critique. 352 C. Rosser and Property's Potential. 355 II. Progressive Property Moving Forward. 358 A. Transparency. 358 B. Humility. 361 C. Identity. 366 D. Transparency, Humility, and Identity: A Brief Illustration. 369 2014
Cornelius J. Murray IV PROMOTING "INCLUSIVE COMMUNITIES": A MODIFIED APPROACH TO DISPARATE IMPACT UNDER THE FAIR HOUSING ACT 75 Louisiana Law Review 213 (Fall, 2014) Introduction. 214 I. Disparate Impact Theory: What it is and Where it Came From. 219 A. Disparate Treatment. 220 B. Disparate Impact. 221 C. The Origins of Disparate Impact in Employment Law. 222 1. Early Inklings of Disparate Impact. 222 2. Supreme Court Approval of Disparate Impact. 224 D. The Development of Disparate Impact in the Fair Housing... 2014
Anna Di Robilant PROPERTY AND DEMOCRATIC DELIBERATION: THE NUMERUS CLAUSUS PRINCIPLE AND DEMOCRATIC EXPERIMENTALISM IN PROPERTY LAW 62 American Journal of Comparative Law 367 (Spring 2014) First-year law students soon become familiar with the numerus clausus principle in property law. The principle holds that there is a limited menu of available standard property forms (the estates, the different types of common or joint ownership, the different types of servitudes) and that new forms are hardly ever introduced. Over the last fifty... 2014
Joseph William Singer PROPERTY AS THE LAW OF DEMOCRACY 63 Duke Law Journal 1287 (March, 2014) In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which modular property rights reduce information costs and promote both property use and transfer. I applaud Smith's insistence that... 2014
Brenna Bhandar PROPERTY, LAW, AND RACE: MODES OF ABSTRACTION 4 UC Irvine Law Review 203 (March, 2014) I. Slavery, Whiteness, and Great Expectations. 206 II. Slavery, Property, and Fictitious Capital. 213 III. Conclusion: Capital, Race, and Property. 217 the some of negroes over board the rest in lives drowned exist did not in themselves preservation obliged frenzy thirst for forty others etc 2014
Gregory S. Alexander PROPERTY'S ENDS: THE PUBLICNESS OF PRIVATE LAW VALUES 99 Iowa Law Review 1257 (March, 2014) ABSTRACT: Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Essay contends that property's real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property's ultimate end, is neither monistic... 2014
Florence Wagman Roisman PROTECTING HOMEOWNERS FROM NON-JUDICIAL FORECLOSURE OF MORTGAGES HELD BY FANNIE MAE AND FREDDIE MAC 43 Real Estate Law Journal 125 (Fall, 2014) His experience . had disabused him of any hope that the government would intercede to prevent rich corporations from doing bad things to poor people. Michael Lewis, The Big Short: Inside the Doomsday Machine at 155 (2010) (writing about Steve Eisman) Between 2008 and 2014, millions of homeowners in the United States lost their homes through... 2014
Amanda Tillotson RACE, RISK AND REAL ESTATE: THE FEDERAL HOUSING ADMINISTRATION AND BLACK HOMEOWNERSHIP IN THE POST WORLD WAR II HOME OWNERSHIP STATE 8 DePaul Journal for Social Justice 25 (Winter 2014) The existence of a property-owning majority in the United States was the result of federal institutional intervention in the period after World War II. This intervention both reduced the risks assumed by mortgage lenders and changed the terms on which mortgages were offered. By underwriting mortgages issued by lending institutions, the Federal... 2014
Dawn E. Jourdan, Anne L. Ray, Elizabeth A. Thompson, Kristen Dikeman RELOCATING FROM SUBSIDIZED HOUSING IN FLORIDA: ARE RESIDENTS MOVING TO OPPORTUNITY? 22 Journal of Affordable Housing & Community Development Law 155 (2014) Just as the HOPE VI program resulted in the loss of numerous public housing units, privately owned units of rental housing, subsidized as a part of HUD or USDA programs in the 1970s and 1980s, are now leaving the affordable housing inventory as a result of the expiration of the government subsidy. These units are being converted to market-rate... 2014
Caroline Joan S. Picart RETHINKING RESISTANCE: REFLECTIONS ON THE CULTURAL LIVES OF PROPERTY, COLLECTIVE IDENTITY, AND INTELLECTUAL PROPERTY 47 John Marshall Law Review 1349 (Summer, 2014) I. Prologue. 1349 II. Reflections on Intersectionalities: Strategies of Resistance in Relation to Narrative, Property, and Collective Identity. 1350 III. Strategies of Resistance in Relation to Copyright and Choreography in American Dance. 1358 IV. Conclusion. 1368 2014
Michael F. Drywa, Jr. RHODE ISLAND'S HOMELESS BILL OF RIGHTS: HOW CAN THE NEW LAW PROVIDE SHELTER FROM EMPLOYMENT DISCRIMINATION? 19 Roger Williams University Law Review 716 (Summer 2014) On a single night in 2012 there were 633,782 homeless people in the United States, including 394,379 who were homeless as individuals and 239,403 people who were homeless in families. In Rhode Island, a single night count from December 12, 2012, revealed that there were 996 Rhode Islanders homeless on that day. On June 27, 2012, Rhode Island... 2014
Daniel Fitzpatrick, Susana Barnes RULES OF POSSESSION REVISITED: PROPERTY AND THE PROBLEM OF SOCIAL ORDER 39 Law and Social Inquiry 127 (Winter, 2014) This article explores two propositions in the literature on rules of possession. The first is that rules of first possession may form the basis for spontaneous order. The article argues that this Hayekian proposition must take into account the relationship between property and authority, including the potential for social disorder when... 2014
Melissa Rothstein, Megan K. Whyte de Vasquez TEETH IN THE TIGER: ORGANIZATIONAL STANDING AS A CRITICAL COMPONENT OF FAIR HOUSING ACT ENFORCEMENT 7 DePaul Journal for Social Justice 179 (Spring 2014) Since the passage of the Civil Rights Act of 1964, Congress has recognized the need for strong laws that protect the right to equal treatment and access to goods and services and the pivotal role that private litigation plays in enforcing these rights. Congress emphasized the critical role of fair housing through the passage of Title VIII of the... 2014
John Baber THANK YOU SIR, MAY I HAVE ANOTHER: THE ISSUE OF THE UNSUSTAINABILITY OF LOW INCOME HOUSING TAX CREDITS AND PROPOSED SOLUTIONS 4 University of Baltimore Journal of Land and Development 39 (Fall, 2014) The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the... 2014
Priya S. Gupta THE AMERICAN DREAM, DEFERRED: CONTEXTUALIZING PROPERTY AFTER THE FORECLOSURE CRISIS 73 Maryland Law Review 523 (2014) In a few short years, the American Dream has dried up like a raisin in the sun. Massive foreclosures of the mid-to-late 2000s have left the status of the American Dream of homeownership in serious question. In this paper, I argue that in order to formulate new federal housing and homeownership policy goals, the underlying vision of property rights... 2014
Amy L. Landers THE ANTI-ECONOMY OF FASHION; AN OPENWORK APPROACH TO INTELLECTUAL PROPERTY PROTECTION 24 Fordham Intellectual Property, Media and Entertainment Law Journal 427 (Winter, 2014) L1-2Introduction . L3429 I. A System of Openwork Protection. 431 A. An Overview. 431 B. Separating Expression from Function. 437 1. The Mass-Market. 439 2. The Avant Garde. 442 II. Creation of the Avant-Garde: Culturally Infused Design. 448 III. Cultural Modification Andthe Wearer. 453 A. Clothing as an Openwork. 453 B. How Openwork Design... 2014
Alfred L. Brophy THE CIVIL RIGHTS ACT OF 1964 AND THE FULCRUM OF PROPERTY RIGHTS 6 Alabama Civil Rights & Civil Liberties Law Review 75 (2014) During the fiftieth anniversary of the Civil Rights Act of 1964, much of the discussion is about the origins of the Act in the ideas and actions of the African American community and of the future possibilities of the Act. This essay returns to the Act to look seriously at those who opposed it and at their critique of the Act's effect on property... 2014
John G. Sprankling THE GLOBAL RIGHT TO PROPERTY 52 Columbia Journal of Transnational Law 464 (2014) This Article challenges the conventional wisdom that a right to property can only arise under the domestic law of a particular nation. It develops the thesis that a right to property should be recognized at the international level. Three independent lines of analysis support the existence of the global right to property, each based on a different... 2014
Kate Scott, Marlene Theberge THE GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER: PROMOTING FAIR HOUSING CHOICE IN SOUTHEAST LOUISIANA THROUGH EDUCATION, INVESTIGATION, AND ENFORCEMENT 22 Journal of Affordable Housing & Community Development Law 103 (2014) Imagine searching for a home and coming across the following advertisements: I would love to house a single mom with one child, not racist but white only, or We are [a] white couple and prefer a white family due to the neighborhood we live in. These advertisements for housing are unfortunately not made up, nor are they relics from a previous... 2014
Risa E. Kaufman, Martha F. Davis, Heidi M. Wegleitner THE INTERDEPENDENCE OF RIGHTS: PROTECTING THE HUMAN RIGHT TO HOUSING BY PROMOTING THE RIGHT TO COUNSEL 45 Columbia Human Rights Law Review 772 (Spring, 2014) [S]ubstance and procedure are often deeply entwined. -Justice John Paul Stevens, MacDonald v. Chicago This Article trains the lens of international human rights to explicate the relationship between the right to counsel in civil cases and a right to housing. A strength of the human rights framework is its recognition of the interrelationship of... 2014
Kelli Dudley THE LAST THING WE DO, LET'S SCARE ALL THE LAWYERS: HOW FAIR HOUSING VIOLATORS ARE INTIMIDATING FAIR HOUSING ADVOCATES INSTEAD OF DEFENDING CASES AND WHY IT IS ILLEGAL 8 DePaul Journal for Social Justice 71 (Winter 2014) This article explores a trend among defendants accused of violating the Fair Housing Act (FHA): attacking the advocate who brings the case forward. These attacks take several forms, among them filing retaliatory lawsuits against advocates and passing legislation to limit the actions advocates, including state civil rights enforcement authorities,... 2014
Andrea Giampetro-Meyer THE PROPER PLACE FOR INTELLECTUAL PROPERTY IN EMPLOYMENT DISCRIMINATION LAW 25 George Mason University Civil Rights Law Journal 1 (Fall, 2014) Intellectual property law . . . [has] far too long . . .been cloaked by a presumption of race and gender neutrality. Every day, in companies across the United States, marketing professionals are making decisions about how to meet the needs of consumers in specific markets. How can a financial services company offer advice to African Americans who... 2014
Gregory N. Mandel THE PUBLIC PERCEPTION OF INTELLECTUAL PROPERTY 66 Florida Law Review 261 (January, 2014) Though the success of intellectual property law depends upon its ability to affect human perception and behavior, the public psychology of intellectual property has barely been explored. Over 1,700 U.S. adults took part in an experimental study designed to investigate popular conceptions of intellectual property rights. Respondents' views of what... 2014
Roberto ConcepciĆ³n, Jr. THE UNTAPPED POTENTIAL OF THE FAIR HOUSING ACT IN ADDRESSING AGGRESSIVE ENFORCEMENT OF "WALKING WHILE BLACK OR BROWN" 17 University of Pennsylvania Journal of Law and Social Change 383 (2014) What may arouse hostility is not the fact of aggressive patrol but its indiscriminate use so that it comes to be regarded not as crime control but as a new method of racial harassment. Kerner Commission Report (1968) INTRODUCTION Imagine being sent to the corner store by your mother to buy ketchup for a dinner of chicken and French fries. On your... 2014
Ian Ayres, Joshua Mitts THREE PROPOSALS FOR REGULATING THE DISTRIBUTION OF HOME EQUITY 31 Yale Journal on Regulation 77 (Winter 2014) The Consumer Financial Protection Bureau's recently-released qualified mortgage rules effectively discourage predatory lending but miss an equally important source of systemic risk: low-equity clustering. Specific volatility-inducing mortgage terms, when present in a substantial cluster of mortgage contracts, exacerbate macroeconomic risk by... 2014
Juli Ponce URBAN PLANNING AND LEGAL FRAMEWORK FOR SUSTAINABLE COMMUNITIES: AFFORDABLE HOUSING, SOCIAL COHESION AND GHETTOS 42 International Journal of Legal Information 77 (Spring, 2014) 1. Introduction: Land Use Law in Spain. Is Urban Segregation a Bad Phenomenon? Implications of the Law. 2. What Is the Relationship between Mixed Communities and Sustainable Cities? 3. What Are the Relationships Between Urban Competitiveness, Social Sustainability and Affordable Housing? 4. How Is Affordable Housing Linked to Social Sustainability... 2014
Danielle B. Ridgely WILL VIRGINIA'S NEW EMINENT DOMAIN AMENDMENT PROTECT PRIVATE PROPERTY? 26 Regent University Law Review 297 (2013-2014) Most toddlers respect private property as private until they want it, at which point they feel justified in asserting their superior rights. The Norfolk Housing Authority recently has not behaved much differently. In fact, the Housing Authority is forcing local businessman Bob Wilson to give up his private property for an approved redevelopment... 2014
David P. Weber ZOMBIE MORTGAGES, REAL ESTATE, AND THE FALLOUT FOR THE SURVIVORS 45 New Mexico Law Review 37 (Fall, 2014) The first generally accepted reference to zombies occurred approximately in the 18th century BCE in the Epic of Gilgamesh. Now popularized, the concept of zombie has begun to infect legal scholarship. Capable of a surprisingly broad application to various legal doctrines, the generally accepted definitions of zombie are along the lines of the... 2014
Barbara J. Flagg "AND GRACE WILL LEAD ME HOME": THE CASE FOR JUDICIAL RACE ACTIVISM 4 Alabama Civil Rights & Civil Liberties Law Review 103 (2013) Introduction. 103 I. The Persisting Dilemma of Race in America. 105 A. White Dignitary Privilege and Color Stigmatization. 107 B. The Evidence for Color Stigmatization. 110 1. Social Experience. 110 2. Social Science. 114 II. The Law's Response. 117 A. Race is a Creature of the Law. 118 B. Law Could Have an Impact on White Dignitary Privilege.... 2013
Guadalupe T. Luna "FACTS ARE STUBBORN THINGS:" IRREGULAR HOUSING IN THE TEXAS COLONIAS 28 Wisconsin Journal of Law, Gender & Society 121 (Summer 2013) This article recounts a shared research trip in 1993 to test theoretical models that ignored the impoverished and the unique land use patterns in border-region colonias. Colonias are irregular housing structures that escape building code standards and lack the benefit of clean water, utilities, and health, safety and welfare law. The absence of... 2013
Jennifer Klein , Eileen Boris "WE HAVE TO TAKE IT TO THE TOP!" : WORKERS, STATE POLICY, AND THE MAKING OF HOME CARE 61 Buffalo Law Review 293 (April, 2013) On Halloween 1988, seventy-five Chicago home care workers shouted in front of the Evanston residence of Janet Otwell, director of the Illinois Department of Aging (IDOA): No More Tricks, Treat Us with Dignity and Respect! For weeks, Otwell had rebuffed their requests for a meeting, so these black women, members of Service Employees International... 2013
David A. Super A NEW NEW PROPERTY 113 Columbia Law Review 1773 (November, 2013) Charles Reich's visionary 1964 article, The New Property, paved the way for a revolution in procedural due process. It did not, however, accomplish Reich's primary stated goal: providing those dependent on government assistance the same security that property lights long have offered owners of real property. As Reich himself predicted, procedural... 2013
Austin W. King AFFIRMATIVELY FURTHER: REVIVING THE FAIR HOUSING ACT'S INTEGRATIONIST PURPOSE 88 New York University Law Review 2182 (December, 2013) This Note seeks to contribute to the revival of an underutilized section of the Fair Housing Act intended not just to ban individual acts of discrimination but also to achieve integrated residential neighborhoods. The gulf between lofty, vague federal policy and the local governments responsible for zoning, planning, and housing siting decisions,... 2013
Philip Tegeler, Megan Haberle, Ebony Gayles AFFIRMATIVELY FURTHERING FAIR HOUSING IN HUD HOUSING PROGRAMS: A FIRST TERM REPORT CARD 22 Journal of Affordable Housing & Community Development Law 27 (2013) During the first term of the Obama Administration, the U.S. Department of Housing and Urban Development has reaffirmed a broad commitment to fair housing. However, while fair housing enforcement at the agency has increased noticeably, the task of reforming HUD's own programs has been painstakingly slow. A flurry of positive activity inside the... 2013
Zachary L. Guyse ALABAMA'S ORIGINAL SIN: PROPERTY TAXES, RACISM, AND CONSTITUTIONAL REFORM IN ALABAMA 65 Alabama Law Review 519 (2013) Introduction. 519 I. Playing Limbo: Alabama's Property Tax Structure. 521 II. The History of the 1901 Constitution & The Lid Bill. 524 A. The Alabama Constitutional Convention of 1901. 524 B. The Lid Bill. 527 III. The First Crusade: Knight v. Alabama. 529 A. Findings of Fact. 529 B. Conclusions of Law. 530 IV. The Second Crusade: Lynch v. Alabama.... 2013
Mary Helen McNeal , Patricia Warth BARRED FOREVER: SENIORS, HOUSING, AND SEX OFFENSE REGISTRATION 22-SPG Kansas Journal of Law & Public Policy 317 (Spring, 2013) Mr. Charles Bianco is a 73-year-old retired laborer who lives alone in a small one- bedroom apartment, supporting himself on a modest income derived from his social security check and a small pension. He suffers from pulmonary disease, and because his lung capacity is limited to eighteen percent of normal, he requires oxygen. He has grown frail... 2013
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