| Author | Title | Citation | Summary | Year |
| Gillian R. Schutt |
(DIS)TRUST IN THE PROCESS: U.S. FOREIGN POLICY AS AN OBSTACLE TO AN EFFICIENT INTERNATIONAL INTELLECTUAL PROPERTY REGIME |
32 Texas Intellectual Property Law Journal 187 (January, 2024) |
The United States has a reputation as a global hub of innovation and strives to maintain this identity on a global scale through the promotion of its intellectual property (IP) policies. While the U.S. advocates for increased cooperation and compromise to facilitate stronger and more efficient IP protection worldwide, progress thus far conforms to... |
2024 |
| Thomas W. Mitchell |
1 THE UNIFORM PARTITION OF HEIRS PROPERTY ACT: ADVANCING SOCIAL AND RACIAL JUSTICE THROUGH HISTORIC PROPERTY LAW REFORM |
52 Urban Lawyer 446 (2024) |
As indicated in the introduction to this volume, one of the major problems with heirs' property ownership is that it represents the most insecure form of common real property ownership in this country. For the past 150 years or so, predatory real estate speculators, developers, lawyers, and some others have preyed upon African American, Latino, and... |
2024 |
| Chelsey Lang |
A CRISIS SET TO REPEAT ITSELF: IMPROVING REGULATION FOLLOWING THE CATASTROPHE OF THE WEST CALUMET HOUSING COMPLEX |
21 Indiana Health Law Review 441 (2024) |
The West Calumet Housing Complex (WCHC), public housing located in East Chicago, Indiana, posed severe environmental and health risks to its residents from the time the project was built. In April 2018, the complex was torn down due to arsenic and lead contamination which posed a risk to residents' health. Over the course of the complex's lifespan... |
2024 |
| Stephen R. Munzer |
A FRAMEWORK FOR MANAGING DISPUTES OVER INTELLECTUAL PROPERTY RIGHTS IN TRADITIONAL KNOWLEDGE |
29 Michigan Journal of Race and Law 31 (Spring, 2024) |
Major controversies in moral and political theory concern the rights, if any, Indigenous peoples should have over their traditional knowledge. Many scholars, including me, have tackled these controversies. This Article addresses a highly important practical issue: Can we come up with a solid framework for resolving disputes over actual or proposed... |
2024 |
| Victoria Carlton |
A NEW FRONTIER IN HOUSING AND LAND DEVELOPMENT: THE UTAH LEGISLATURE'S CREATION OF PUBLIC INFRASTRUCTURE AND INFRASTRUCTURE FINANCING DISTRICTS |
37-DEC Utah Bar Journal 29 (November/December, 20) |
Go West! is a phrase that has become synonymous with the concept of Manifest Destiny and the exploration and expansion of the American West in the 19th century. This sentiment seems to be just as relevant today as Utah ranks as one of the fastest-growing states. From 2010 to 2020, Utah's population grew 18.4% with the addition of 507,731... |
2024 |
| Emilie (Smith) Rohde |
A QUESTIONABLE CATEGORIZATION--TRADEMARK'S STRUGGLE TO PROTECT TRIBAL CULTURAL PROPERTY |
28 Marquette Intellectual Property & Innovation Law Review 33 (Winter, 2024) |
I. INTRODUCTION: THE USE OF TRIBAL NAMES AND INSIGNIA BY THIRD PARTIES. 33 II. DIFFERENTIATING BETWEEN CULTURAL AND INTELLECTUAL PROPERTY. 37 III. AVAILABLE TRADEMARK PROTECTIONS FOR TRIBAL INSIGNIA. 40 A. Common Law Protections and Trademark Registration. 40 i. Common Law Protections. 41 ii. State Registration. 41 iii. Federal Registration. 42 B.... |
2024 |
| Haley Fortner |
ADDRESSING MENTAL DISABILITY HEAD ON: THE CHALLENGES OF REASONABLE ACCOMMODATION REQUESTS FOR VIRGINIA HOUSING PROVIDERS |
81 Washington and Lee Law Review Online 359 (5/13/2024) |
A person's home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental... |
2024 |
| Makalika Naholowa'a |
ADVANCING INTERNATIONAL INTELLECTUAL PROPERTY NEGOTIATIONS TO PROTECT INDIGENOUS CULTURES |
49 Human Rights 21 (2024) |
This past fall, the U.S. Patent and Trademark Office (USPTO) issued an uncommon request for public comment and notice of Tribal consultation regarding protections for Native American culture and traditional knowledge in the intellectual property system. This effort is a part of the USPTO's work to develop U.S. positions on legal instruments being... |
2024 |
| Vanessa Springer |
AFFORDABLE HOUSING IN HEALTHY COMMUNITIES: INTEGRATING ENVIRONMENTAL JUSTICE INTO THE APPLICATION CRITERIA FOR AFFORDABLE HOUSING TAX CREDITS IN NEW MEXICO |
54 New Mexico Law Review 623 (Summer, 2024) |
In Bernalillo County, New Mexico, communities of color and people living below the poverty line are more likely to live in areas with high exposure to pollution and associated health risks. Similar trends are echoed throughout the country. These data trends and experiences form the basis for the environmental justice movement, or the movement for a... |
2024 |
| Heather R. Abraham |
AGENCIES "SHALL COOPERATE": A BLUEPRINT FOR AFFIRMATIVELY FURTHERING FAIR HOUSING |
57 UIC Law Review 469 (Spring, 2024) |
Abstract: Every federal agency perpetuates housing segregation. As if on autopilot, agencies routinely reinforce segregation unless they take intentional steps to counteract it. Building on my prior work on the Fair Housing Act's statutory duty to affirmatively further fair housing (AFFH), this Article examines an agency's obligation to reduce... |
2024 |
| Matthew Franks |
AMERICAN HANDLING OF HOLOCAUST PROPERTY TAKINGS: WHAT WE CAN LEARN FROM INTERNATIONAL POLICIES |
49 Brooklyn Journal of International Law 556 (2024) |
We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere. These words from the late author Elie Wiesel display his profound insight and experience as a Jewish person who lived through the Holocaust. According to the United States (US) Code, a... |
2024 |
| Selena Houston |
AN OVERVIEW OF COMMERCIAL CONVERSION: A VIABLE SOLUTION TO AMERICA'S CURRENT HOUSING CRISIS? |
93 Mississippi Law Journal 1251 (2024) |
Introduction. 1252 I. The Impact of Zoning Regulations on the Housing Market. 1254 A. The Constitutionality of Zoning. 1255 1. Village of Euclid v. Ambler Realty Co.. 1256 2. Berman v. Parker. 1258 B. Why Do We Have Zoning Laws?. 1260 II. Zoning as the Cause of America's Current Housing Crisis. 1261 III. Is Commercial Conversion the Answer?. 1265... |
2024 |
| Robert H. Hu |
APOLOGY AS AN INTELLECTUAL PROPERTY REMEDY IN CHINA: A PRELIMINARY EXAMINATION OF AMERICAN LITIGATION EXPERIENCES |
51 Syracuse Journal of International Law and Commerce 177 (Spring, 2024) |
Seeking and receiving an apology from the wrongdoer is a ubiquitous social phenomenon in Chinese culture and society. In recent years, litigation and apologies appear to be natural elements of contemporary life in China. Apologies as a legal remedy in Chinese laws and regulations have become prevalent for nearly four decades. In particular, in... |
2024 |
| Monica Lopez , Irene Gonzalez |
ARTIFICIAL INTELLIGENCE IS NOT HUMAN |
104 Journal of the Patent and Trademark Office Society 135 (January, 2024) |
The ongoing explosion of artificial intelligence (AI) in a myriad of domains has raised questions on how to reconcile between current patent law and the protection of AI-enabled systems and their creative inventions. U.S. patent law has been challenged on whether it is sufficient to protect AI-enabled systems or whether there is a need to expand or... |
2024 |
| Maria Regina Martinez |
BATOK IN THE EAST, ALOHA IN THE WEST: INTELLECTUAL PROPERTY PROTECTIONS OF INDIGENOUS PEOPLES IN THE PHILIPPINES AND THE UNITED STATES |
58 University of San Francisco Law Review 541 (2024) |
Apo Whang-Od is a 106-year-old mambabatok, or traditional tattoo artist, from the Philippines. Hailing from the remote village of Buscalan, she is the oldest member of the Kalinga indigenous group to practice batok, the ancient art of hand-tapped tattoos, which showcases the group's sacred symbols. Though she lives in a small village in the... |
2024 |
| Jiaying Jessie Zhang |
BATTLE IN THE DIGITAL SPHERE: THE REPATRIATION OF DIGITIZED NATIVE AMERICAN CULTURAL PROPERTIES |
52 AIPLA Quarterly Journal 403 (Spring, 2024) |
I. Introduction. 404 II. NAGPRA & Repatriation in the Physical Realm: Ownership & Control of Native American Cultural Heritage in Existing Legislation & Regulations. 410 A. Ownership & Control Under NAGPRA. 411 B. The Implementation of NAGPRA under the Department of the Interior's Regulations. 416 C. Other Relevant Statutes on Ownership and Control... |
2024 |
| Judy F. Berkman , Winifred M. Branton , Penina Kessler Lieber , Philadelphia County, Philadelphia County, Allegheny County, Members of the Pennsylvania Bar |
BATTLING BLIGHT IN PENNSYLVANIA: THE ABANDONED AND BLIGHTED PROPERTY CONSERVATORSHIP ACT |
95 Pennsylvania Bar Association Quarterly 1 (January, 2024) |
This article discusses the application of the Abandoned and Blighted Property Conservatorship Act to address the problem of derelict property throughout Pennsylvania. Enacted in 2008 and amended in 2014 and 2022, the Act creates a legal process by which a court-appointed conservator can take possession of a blighted property to remediate the blight... |
2024 |
| Andrew Darcy |
BETTER LATE THAN NEVER: THE EQUITABLE POWER OF FEDERAL COURTS TO REMEDY HARMS CAUSED BY HISTORICAL HOUSING DISCRIMINATION |
57 UIC Law Review 507 (Spring, 2024) |
Our precedents . firmly establish that where . state-imposed segregation has been demonstrated, it becomes the duty of the State to eliminate root and branch all vestiges of racial discrimination .. Once a right and a violation have been shown, the scope of a district court's equitable powers to remedy past wrongs is broad, for breadth and... |
2024 |
| Anne C. Dailey , Laura A. Rosenbury |
BEYOND HOME AND SCHOOL |
91 University of Chicago Law Review 567 (March, 2024) |
In the tradition of American Law Institute (ALI) restatement projects, the Restatement of Children and the Law aspires to describe and unify the wide array of laws governing children in the United States. This ambitious project is a bold and welcome affirmation that the law governing children is more than a bundle of disparate doctrines but a... |
2024 |
| Tom Stanley-Becker |
CHALLENGING THE CRIMINALIZATION OF HOMELESSNESS UNDER FAIR HOUSING LAW |
42 Minnesota Journal of Law & Inequality 109 (Summer, 2024) |
This Article advances a novel argument that private plaintiffs and federal agencies should use federal fair housing laws to challenge state and local legislation that criminalizes homelessness. Blue and red jurisdictions alike have adopted such punitive legislation primarily in the last two decades. This Article focuses on camping bans and their... |
2024 |
| Patrick E. Reidy, C.S.C. |
CHURCHING NIMBYS: CREATING AFFORDABLE HOUSING ON CHURCH PROPERTY |
133 Yale Law Journal 1254 (February, 2024) |
In recent years, faith communities across the United States have begun to create affordable housing on church property, inspired by sincerely held religious beliefs. Some are building microhomes behind their houses of worship. Others are converting residences once used by religious ministers--from rectories to abbeys to convents--into units for... |
2024 |
| Madison M. Schettler |
CLOSING THE RENTER-SIZED GAP IN THE INFLATION REDUCTION ACT: HOW HOUSING POLICY CAN HELP CLIMATE LEGISLATION ACHIEVE ENVIRONMENTAL JUSTICE |
56 Connecticut Law Review 605 (January, 2024) |
The passage of the Inflation Reduction Act (IRA) in August 2022 was an important step forward in American climate policy. The Act is essential to the United States' goal of effective climate change mitigation efforts, and other countries have even begun to use it as a model for climate mitigation. The Inflation Reduction Act (IRA) provides the... |
2024 |
| Dr. Rachael Walsh |
CONSTITUTIONAL PROPERTY AND PROGRESSIVE PROPERTY'S COMPATIBILITY: A REAPPRAISAL |
10 Texas A&M Journal of Property Law 80 (3/23/2024) |
Progressive property theory is driven by a desire to improve the law, and legal outcomes, for those on the margins of society. At the same time, it largely assumes the compatibility of constitutional property rights with its aims. However, constitutional property doctrine is often ambiguous on the core question of what distribution of collective... |
2024 |
| J. Peter Byrne |
CULTURAL PROPERTY: "PROGRESSIVE PROPERTY IN ACTION" |
10 Texas A&M Journal of Property Law 1 (3/23/2024) |
Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance... |
2024 |
| Grant Delaune |
DECIPHERING THE "TRADITIONAL PROPERTY INTERESTS" TEST FOR PROPERTY-BASED MAIL AND WIRE FRAUD |
91 University of Chicago Law Review 1155 (June, 2024) |
The mail and wire fraud statutes are the first line of defense against fraudulent activities. Adaptable and broadly written, they are go-to tools in the white-collar prosecutor's arsenal. But this flexibility has also raised concern about their expansive and indeterminate scope--leading the Supreme Court to eliminate certain honest-services... |
2024 |
| Zoe Creamer |
DECOMMODIFYING CULTURAL HERITAGE: A LINGUISTIC UNPACKING OF "CULTURAL PROPERTY" |
65 William and Mary Law Review 1203 (April, 2024) |
C1-2Table of Contents Introduction. 1204 I. Overview of Cultural Property Legislation. 1207 II. Anecdotal Evidence of Conflicting Connotations of Property. 1212 A. Property Law: Historic Origins. 1212 B. Legal Academic Literature. 1215 III. Corpus Linguistics Research. 1216 A. Colloquial Associations with Property and Heritage. 1217 B. ... |
2024 |
| Hugh S. Van Scoy |
DISRUPTING DESTRUCTIONMENT: SUSTAINING GULLAH GEECHEE LAND OWNERSHIP THROUGH THE FAIR HOUSING ACT |
20 University of Saint Thomas Law Journal 486 (Spring, 2024) |
The Gullah Geechee, descendants of enslaved Africans trafficked to the southeastern coast of the United States to work on rice, indigo, and sea island cotton plantations, have long been recognized for their rich cultural heritage and distinctive Gullah language. Over time, the Gullah Geechee have established thriving communities along the Atlantic... |
2024 |
| by William W. Berry III , University of Mississippi School of Law, University, MS |
Does the Enforcement of Generally Applicable Laws Regulating Camping on Public Property Constitute "Cruel and Unusual Punishment" Prohibited by the Eighth Amendment? |
51 Preview of United States Supreme Court Cases 28 (4/15/2024) |
This case examines the scope of the Eighth Amendment as applies to state and local ordinances criminalizing individuals sleeping in public places. It is a cruel and unusual punishment to criminalize someone's status, as opposed to their conduct. This case explores whether enforcing such laws against homeless individuals punishes their status or... |
2024 |
| John Leiner |
ENVIRONMENTAL JUSTICE AS HOUSING JUSTICE: HUD, LAND USE, AND THE CASE FOR THE FAIR HOUSING ACT'S APPLICATION TO DISCRIMINATORY SITING CLAIMS |
42 Minnesota Journal of Law & Inequality 1 (Summer, 2024) |
This community cannot and should not take more chemical pollution, said Deborah Hawley, director at St. Francis Prayer Center in Genesee Township, Michigan. St. Francis is one of the complainants seeking to block the siting, or placement, of the Ajax hot-mix asphalt plant in the same community the Flint Water Crisis ravaged less than a decade... |
2024 |
| Adam Cowing |
EQUITY AND OWNERSHIP IN AFFORDABLE HOUSING |
2024 University of Illinois Law Review 399 (2024) |
The Low-Income Housing Tax Credit (LIHTC) is the nation's largest affordable housing development program. From its inception, policymakers have seen the program's potential path to homeownership as one of its advantages. In fact, the Internal Revenue Code anticipates tenant and cooperative purchases of LIHTC-financed affordable housing. But the... |
2024 |
| Brittany L. Deitch |
ESTATE TO STATE: PAY-TO-STAY STATUTES AND THE PROBLEMATIC SEIZURE OF INHERITED PROPERTY |
95 University of Colorado Law Review 839 (2024) |
Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay... |
2024 |
| Derek E. Bambauer |
EVERYTHING YOU WANT: THE PARADOX OF CUSTOMIZED INTELLECTUAL PROPERTY REGIMES |
39 Berkeley Technology Law Journal 205 (2024) |
Special interest groups share a dream: enacting legislation customized for, and hopefully drafted by, their industry. Customized rules created via legislative capture, though, are the worst-case scenario from a public choice perspective: they enable narrow interests to capture rents without generating sufficient societal benefits. American... |
2024 |
| McLean Waters |
FAIR ADMISSIONS, FAIR DECISIONS, AND FAIR OUTCOMES: AN ANALYSIS OF ALGORITHMIC BIAS IN EDUCATION, EMPLOYMENT, HEALTHCARE, AND HOUSING |
25 North Carolina Journal of Law & Technology 657 (May, 2024) |
Artificial Intelligence (AI) has surged in popularity over recent years, especially in its accessibility to the public. Increased productivity and the automation of simple tasks has clearly displayed the benefits of AI in everyday life. However, AI has several drawbacks. Since AI algorithms are written by humans, they are influenced by the... |
2024 |
| Savannah S. Johnson , Walter T. Champion |
FORE! LEGAL BATTLES OVER OUT-OF-BOUNDS GOLF BALLS: SEARCHING FOR THE APPROPRIATE CAUSE OF ACTION FOR PROPERTY DAMAGE |
64 South Texas Law Review 37 (Fall, 2024) |
I. Introduction. 38 II. Theories of Recovery. 40 III. Trespass. 40 A. New York. 41 B. Massachusetts. 42 1. Fenton v. Quaboag Country Club, Inc.. 43 2. Amaral v. Cuppels. 43 C. Texas. 46 IV. Nuisance. 47 A. California. 48 B. Florida. 50... |
2024 |
| Mitch , Tessa Henson |
FROM HABITABILITY TO EQUAL OPPORTUNITY: NAVIGATING THE CROSSROADS TO HOUSING THAT IS BOTH FAIR AND HABITABLE |
58 UIC Law Review 69 (Fall, 2024) |
Fair housing is an inherently intersectional issue. Housing that is equally accessible to members of any protected status means little if that housing is uninhabitable. Housing laws, however, have generally failed to effectuate equal access to habitable housing. Part of this systemic failure can be attributed to the long-standing doctrine of caveat... |
2024 |
| Vicenç Feliú |
FROM THE FOX TO ONLYFANS: THE CHANGING LANDSCAPE OF PROPERTY LAW |
48 Nova Law Review 281 (Winter, 2024) |
I. Introduction 282 II. Roman Law and Early Foundations 285 III. Feudalism and Emergence of Common Law 286 A. Transition from Roman Law to Feudalism 286 B. Development of English Common Law and Its Impact on Property Rights 288 C. Key Common Law Cases 290 1. Pierson v. Post (1805) 290 2. Johnson v. M'Intosh (1823) 291 IV. The American Revolution... |
2024 |
| Sara Sternberg Greene , Barbara Kiviat , Hesu Yoon |
GETTING TO HOME: UNDERSTANDING THE COLLATERAL CONSEQUENCES OF NEGATIVE RECORDS IN THE RENTAL HOUSING MARKET |
74 Duke Law Journal 269 (November, 2024) |
The United States faces a rental housing crisis marked by a scarcity of housing supply, leading to intense competition among prospective tenants. This crisis is a particular challenge for the more than one hundred million U.S. residents burdened with negative records such as criminal records, debts in collections, and evictions. Landlords have more... |
2024 |
| Armen H. Merjian |
HOUSING DISCRIMINATION IS AS DANGEROUS AS DEFECTIVE STAIRS: THE NONDELEGABLE DUTY TO OBEY STATE AND LOCAL HOUSING DISCRIMINATION LAWS |
85 Ohio State Law Journal 145 (2024) |
There are no clearly defined criteria for identifying duties that are nondelegable. Indeed, whether a particular duty is properly categorized as nondelegable necessarily entails a sui generis inquiry, since the conclusion ultimately rests on policy considerations. Kleeman v. Rheingold, 614 N.E.2d 712, 715 (N.Y. 1993). Inevitably it becomes a... |
2024 |
| Brian M. Miller |
HOUSING GRIDLOCK |
97 Southern California Law Review 1233 (June, 2024) |
The housing crisis dominates much of political and economic life, and it is driven in large part by a lack of housing supply. Recognizing this, many commentators have called for the end of single-family zoning. And some jurisdictions have answered the call. But even if that groundswell grows, the housing shortage likely will persist. One... |
2024 |
| Emily A. Benfer |
HOUSING IS HEALTH: PRIORITIZING HEALTH JUSTICE AND EQUITY IN THE U.S. EVICTION SYSTEM |
22 Yale Journal of Health Policy, Law & Ethics 49 (Winter, 2024) |
The public health field has long recognized the association between housing and health. In one of the most poignant examples of housing as a social determinant of health, the COVID-19 pandemic amplified the link between an individual's housing instability and community-wide health. Housing is health became the justification for halting the... |
2024 |
| Sean Ahern |
HOW BAD IS BAD ENOUGH? GATEKEEPING A TENANT'S RIGHT TO 100% HABITABLE HOUSING |
69 Wayne Law Review 681 (Spring, 2024) |
Abstract. 681 I. Introduction. 683 II. Purposes. 688 III. The Background: The Warranty of Habitability, Rent Withholding Law, and the Housing Code in Massachusetts and Other Jurisdictions with Progressive Housing Policies. 693 IV. The Problem: The Substantiality Standard Makes the Court the Gatekeeper of Whether Defects Are Bad Enough. 697 A.... |
2024 |
| J. Meadows Welch |
INADEQUATE CHOICE IN SCHOOL CHOICE: AN ANALYSIS OF SOUTH CAROLINA'S HOUSE BILL 3843 AND THE IMPLICATIONS FOR PUBLIC SCHOOL STUDENTS AND RURAL SCHOOLS |
75 South Carolina Law Review 813 (Spring, 2024) |
I. Introduction. 813 II. Background. 815 III. Theoretical Positives. 819 A. Expanded Opportunity and Student Achievement. 819 B. Capacity Standards. 823 IV. Inadequacies of House Bill 3843. 824 A. Transportation Barriers. 824 1. Socioeconomic Status and Race. 824 2. Rural Schools. 827 3. Absenteeism, Tardiness, and Turnover. 828 B. Funding... |
2024 |
| David Orozco , Florida State University College of Business, Tallahassee, Florida, USA |
INNOVATION STAKEHOLDERS: DEVELOPING A SUSTAINABLE PARADIGM TO INTEGRATE INTELLECTUAL PROPERTY AND CORPORATE SOCIAL RESPONSIBILITY |
61 American Business Law Journal 211 (Fall, 2024) |
Innovation is usually framed in terms of expanding the knowledge frontier or the commercialization of new ideas. However, it is much more than that. Innovation is also about providing greater well-being for society and the various stakeholders that support a firm's efforts to innovate. This article examines the paradoxical status of innovation and... |
2024 |
| Aishatu Eleojo Adaji , Lukman Adebisi Abdulrauf |
INTELLECTUAL PROPERTY ISSUES FOR OPEN SCIENCE PRACTICES IN GENOMIC-RELATED HEALTH RESEARCH AND INNOVATION IN AFRICA |
11 Journal of Law & the Biosciences 1 (July-December, 2024) |
This paper considers the applicability and implications of intellectual property rights (IPRs) for open science practices in the context of genomic-related health research and innovation in Africa. The first part provides a brief background of the gaps in genomics and health research in Africa, highlighting the possible role of open science in... |
2024 |
| N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy |
INTELLECTUAL PROPERTY, GENETIC RESOURCES, AND ASSOCIATED TRADITIONAL KNOWLEDGE |
54 Environmental Law Reporter (ELI) 10829 (October, 2024) |
The relationship between the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime under the World Trade Organization (WTO) is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled... |
2024 |
| Lachlan Loudon |
IS 'AINA STILL SACRED? HOW HAWAII'S UNIQUE ENVIRONMENT CREATES CONTROVERSIES IN PROPERTY OWNERSHIP IN THE AFTERMATH OF DISASTER |
12 Joule: Duquesne Energy & Environmental Law Journal 34 (Spring, 2024) |
In August 2023, wildfires ravaged neighborhoods throughout Maui, Hawaii, resulting in hundreds of individuals dead or missing. The tragic blazes not only left survivors without homes but also put their scorched land on the auction block for prospective, wealthy buyers looking for a beachside plot of land to develop. Due to homeowners being... |
2024 |
| Tabrez Y. Ebrahim |
ISLAMIC INTELLECTUAL PROPERTY |
54 Seton Hall Law Review 991 (2024) |
While intellectual property (IP) law is an established legal framework present in the United States (US) and many Western countries, its contributions in balancing among competing policies often fall short of expectations. Islamic law provides an alternative legal framework to promote balance among private property rights to recognize creative and... |
2024 |
| Eric Biber, Christopher Elmendorf, Nicholas Marantz, Moira O'Neill |
JUST LOOK AT THE MAP: BOUNDING ENVIRONMENTAL REVIEW OF HOUSING DEVELOPMENT IN CALIFORNIA |
54 Environmental Law 221 (Winter, 2024) |
California faces a dire housing crisis. California's land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality's ability to outright deny some types of housing development, local... |
2024 |
| |
KEEPING CURRENT--PROPERTY |
38-JUN Probate and Property 18 (May/June, 2024) |
COMMON INTEREST COMMUNITIES: Homeowner's view of lake is not protected by covenants. A homeowners' association approved plans for the Hamptons to build an RV garage on their property notwithstanding the objection of their neighbor, Pietrowski, who claimed that the garage would block her view of Lake Mead. Pietrowski sued, alleging that the... |
2024 |
| April Simpson |
LAW HELPS VULNERABLE HEIRS' PROPERTY OWNERS--BUT ONLY IF THEY CAN AFFORD TO USE IT |
30 Dispute Resolution Magazine 17 (April, 2024) |
Heirs' property is family owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate. The descendants, or heirs, have the right to use the property, but they do not have a clear or marketable title to the property since the estate issues remain unresolved, according to the federal government. The... |
2024 |