Yvette N.A. Pappoe THE SCARLET LETTER "E": HOW TENANCY SCREENING POLICIES EXACERBATE HOUSING INEQUITY FOR EVICTED BLACK WOMEN 103 Boston University Law Review 269 (February, 2023) The COVID-19 pandemic resulted in an unprecedented health and economic crisis in the United States. In addition to more than nine hundred thousand deaths in the United States and counting, another kind of crisis emerged from the pandemic: an eviction crisis. In August 2020, an estimated thirty to forty million people in America were at risk of... 2023
Lahny Silva THE TRAP CHRONICLES, VOL. 2: A CALL TO RECONSIDER "RISK" IN FEDERAL SUPERVISED RELEASE 82 Maryland Law Review 530 (2023) Introduction. 531 I. History - Life can only be understood backwards; but it must be lived forwards.. 536 A. The Start. 536 1. Passage of the Probation Act of 1925. 539 2. Development of the Federal Probation System. 541 B. The 1960s & 1970s. 544 1. Questioning the Effectiveness of Supervision. 545 2. The Court Weighs In. 547 C. The War. 549 1.... 2023
Tammy Katsabian THE WORK-LIFE VIRUS: WORKING FROM HOME AND ITS IMPLICATIONS FOR THE GENDER GAP AND QUESTIONS OF INTERSECTIONALITY 75 Oklahoma Law Review 757 (Summer, 2023) Work-life balance is the top challenge for working women globally. The COVID-19 pandemic catalyzed a worldwide experiment regarding the various components of this challenge and its possible solutions. Because the pandemic forced numerous workers to shift their working lives from the office to their private homes, it created the largest global... 2023
M.C. Mirow THEORIZING REVOLUTIONARY PROPERTY: MEXICO'S TARDIVE TURN TOWARDS LÉON DUGUIT AND THE SOCIAL FUNCTION OF PROPERTY 32 Transnational Law & Contemporary Problems 221 (Spring, 2023) I. Introduction. 221 A. Article 27. 223 B. A Law Student Wrote in 1964. 225 II. Antecedents to Article 27 and the Construction of Revolutionary Property. 228 A. Liberal property. 228 B. Mexico's construction of revolutionary property. 229 C. Agrarian reform on the state and national level before Querétaro and the Constitution of 1917. 232 III.... 2023
Peter K. Yu THREE MEGATRENDS IN THE INTERNATIONAL INTELLECTUAL PROPERTY REGIME 41 Cardozo Arts and Entertainment Law Journal 457 (2023) Introduction. 457 I. Emerging Countries. 458 II. Increased Regime Complexity. 467 III. Techno-Spatial Transformation. 477 Conclusion. 484 2023
Stefan Ecklund TOO CLOSE TO HOME?: THE CONSTITUTIONALITY OF CALIFORNIA'S S.B. 9 56 Loyola of Los Angeles Law Review 981 (Summer, 2023) In 2022, Senate Bill 9 went into effect in California. This law allows owners of single-family-zoned parcels to split their lots in two and build at most two units on each parcel, regardless of local land use ordinances, but subject to detailed conditions. This law is one recent attempt to encourage housing development in a state where local... 2023
Danaya C. Wright TRAPPED BETWEEN THE URPTODA AND THE UPHPA: PROBATE REFORMS TO BRIDGE THE GAP AND SAVE HEIRS PROPERTY FOR MODEST-WEALTH DECEDENTS 127 Penn State Law Review 749 (Summer, 2023) The problem of heirs property is tragic and endemic, especially in minority and low-income communities where family homes and farms are lost because of fractionation through intestate inheritance and failure by heirs to timely probate the land and clear title. But reformers have worked diligently to address the problem by passing the Uniform Real... 2023
M P Ram Mohan , Aditya Gupta TREATMENT OF INTELLECTUAL PROPERTY LICENSES IN BANKRUPTCY 31 American Bankruptcy Institute Law Review 245 (Summer, 2023) A bankrupt debtor's ability to escape unprofitable contracts, enshrined in section 365 of the United States Bankruptcy Code, is considered central to a successful reorganization within chapter 11. The ambit of this power and the consequence of its application have been the subject of unceasing legal and business controversy. Intellectual property... 2023
Allison Dentinger TWO SIDES TO THE SAME COIN: HOW TENANTS AND ATTORNEYS CAN COMBINE TO WIN HOUSING JUSTICE FOR ALL 32 Journal of Affordable Housing & Community Development Law 281 (2023) One of the most destabilizing events in a person's life is coming home to find a Warrant of Eviction posted on the door. That notice indicates that the tenant's family has only days to be out of their home if they want to avoid being forced out by the eviction marshal. This is an increasing reality for low-income tenants, particularly tenants of... 2023
Marilyn Uzdavines UNFORGIVABLE LAPSES IN CARE: OUR FAILING HOME AND COMMUNITY-BASED CARE SYSTEM DISCRIMINATES AGAINST PEOPLE WITH DISABILITIES 91 UMKC Law Review 627 (Spring, 2023) Let the shameful wall of exclusion finally come tumbling down. President George H.W. Bush The struggle for many people with disabilities includes the consistent worry of whether they will receive the necessary support to remain at home, live independently, and have the best possible quality of life. All too often, breakdowns in our long-term... 2023
Melissa A. Hammer UNHOUSED REENTERING ELDERS: ADDRESSING STATUTORY, REGULATORY, AND DISCRETIONARY BARRIERS TO FEDERAL HOUSING ASSISTANCE FOR SENIORS WITH CRIMINAL RECORDS 84 Ohio State Law Journal 361 (2023) C1-3Table of Contents I. Introduction. 362 II. Statutory and Regulatory Background: Housing Options for Seniors. 365 A. Public Housing. 367 B. Multifamily Housing Programs. 371 1. Section 202 Supportive Housing for the Elderly Program. 372 2. Section 231 Rental Housing for the Elderly Program. 374 3. Section 232 Loan Program. 375 III. Primary and... 2023
Andrew Darcy USING STATE LAW TO ENFORCE "AFFIRMATIVELY FURTHER" FAIR HOUSING OBLIGATIONS: NO LONGER FITTING A SQUARE PEG IN A ROUND HOLE 29 Cardozo Journal of Equal Rights & Social Justice 593 (Summer, 2023) C1-2Table of Contents Part I: Introduction. 594 Part II: Housing Discrimination in the United States and the AFFH. 596 A. High-Level Overview of Housing Discrimination in the United States. 596 B. The Fair Housing Act and the Obligation to Affirmatively Further Fair Housing. 600 Part III: AFFH Enforcement--and Lack Thereof. 604 Part IV: New York's... 2023
Frank D. LoMonte , Paola Fiku WATCH WHERE YOU CHALK, 'CAUSE THE SIDEWALKS TALK: THE FIRST AMENDMENT AND EPHEMERAL "OCCUPATIONS" OF PUBLIC PROPERTY 47 Vermont Law Review 487 (Summer, 2023) Introduction. 487 I. First Things First: The Forum Beneath Your Feet. 490 A. The Right to Use Public Property as a Platform for Speech. 490 B. Cracks in the Sidewalk as Forum. 493 II. Chalking as Protest: Cases and Controversies. 499 A. Battle Lines Drawn: Campus Chalking Clashes. 499 B. Is There a Right to Write?. 501 1. Chalking Prohibitions... 2023
Zachary ThummBorst WATER JUSTICE: THE NINTH CIRCUIT EXAMINES THE FAIR HOUSING ACT IN THE CONTEXT OF WATER SERVICES IN SOUTHWEST FAIR HOUSING COUNCIL, INC. v. MARICOPA DOMESTIC WATER IMPROVEMENT DISTRICT 34 Villanova Environmental Law Journal 273 (2023) Water affordability is an area of growing concern in the United States. Research suggests the price of water and sewage increased by approximately eighty percent between 2010 and 2018. In the drought-stricken southwest, water prices may rise further as states become more dependent on imported water. A 2017 study estimated that, at the time, roughly... 2023
Hilary Silvia , Linda Christiansen WEB OF INTEREST: REFRAMING THE CONVERSATION AROUND UNAFFORDABLE HOUSING 4 Corporate and Business Law Journal 116 (1/8/2023) C1-2Contents Introduction. 119 I. The Concept of Home and the Business of Housing. 120 A. A Brief History of Rent Control Through the Lens of New York City. 121 II. Applying the Web of Interest to Rent Control. 125 A. Economic Impact of Rental Housing Regulations and Interventions. 126 B. Landlords: The Single-Party Solution to Affordable Housing.... 2023
Roderick M. Hills Jr., David Schleicher WHAT IS PROPERTY LAW IN AN AGE OF STATUTES AND REGULATION?: A REVIEW OF PROPERTY: PRINCIPLES AND POLICIES BY THOMAS MERRILL, HENRY SMITH AND MAUREEN BRADY 79 New York University Annual Survey of American Law 89 (2023) The Fourth Edition of Property: Principles and Policies by Thomas Merrill, Henry Smith and Maureen Brady lays out what the field's leading thinkers believe we all should know about property law. Unlike most casebooks, the book is an intellectual achievement, a powerful argument made through educational materials. But it is premised on a set of... 2023
Reuben Siegman WHEN AFFORDABLE HOUSING COMES UP AGAINST ENVIRONMENTALISM: LEGAL LESSONS FROM MINNESOTA AND CALIFORNIA 32 Journal of Affordable Housing & Community Development Law 175 (2023) C1-3Table of Contents I. Minneapolis 2040. 178 A. What the 2040 Plan Is and How It Came to Be. 178 B. Legal Implications. 179 C. What the Future Holds and Lessons Learned. 181 II. California's Attempt at Reform. 184 A. CEQA: What It Is and Its Impact. 184 B. SB 35 and Related Reforms. 186 C. Incentive-Based Reforms. 188 D. Lessons Learned from the... 2023
Mikayla Mangle WHEN THE LEGAL SYSTEM WAS DESIGNED TO WORK AGAINST YOU, HOW CAN IT EVER WORK FOR YOU? RETHINKING HEIRS PROPERTY REFORM 17 Charleston Law Review 541 (Spring, 2023) INTRODUCTION. 541 I. AMERICA'S DISCRIMINATORY PAST NEVER LEFT: HOW JIM CROW ERA LAWS HELPED LEAD TO THE CREATION OF HEIRS PROPERTY. 545 A. An Empty Promise of Homeownership to Black Americans Throughout History. 546 B. When Past Discrimination Lingers: How Racially Discriminatory Laws and Tactics Created Heirs Property. 554 II. CURRENT REFORMS TO... 2023
LaToya Baldwin Clark WHOSE CHILD IS THIS? EDUCATION, PROPERTY, AND BELONGING 123 Columbia Law Review 1201 (June, 2023) Previous work suggests that excludability is the main attribute of educational property and residence is the lynchpin of that exclusion. Once a child is non-excludable, the story goes, he should have complete access to the benefits of educational property. This Essay suggests a challenge to the idea that exclusion is the main attribute of... 2023
Eve Garrow WHY DISCRIMINATION AGAINST UNHOUSED PEOPLE MAKES THE HOUSING CRISIS WORSE--AND WHAT WE CAN DO ABOUT IT 48 Human Rights 8 (April, 2023) When the local homeless shelter was full, Katrina slept in its parking lot. She figured she could bang on the shelter door if she needed help. But she wasn't safe. Police officers often woke her up around midnight and threatened to charge her with sleeping in public--a criminal offense--if she did not leave. When police drive me out of the shelter... 2023
John Mukum Mbaku WOMEN, INTERNATIONAL HUMAN RIGHTS LAW, AND THE RIGHT TO ADEQUATE HOUSING IN AFRICA 37 Emory International Law Review 217 (2023) In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that... 2023
Michael Lewyn ZONING AND LAND USE PLANNING 51 Real Estate Law Journal 252 (Spring, 2023) In 2021, I ran for Borough President (BP) of Manhattan, primarily because this position has significant influence over land use. The BP can hold public hearings on rezoning petitions, appoints a member to New York's city planning commission (which reviews zoning applications), and appoints members of community boards (which must also be consulted... 2023
Jade A. Craig "PIGS IN THE PARLOR": THE LEGACY OF RACIAL ZONING AND THE CHALLENGE OF AFFIRMATIVELY FURTHERING FAIR HOUSING IN THE SOUTH 40 Mississippi College Law Review 5 (2022) The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to affirmatively further fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has... 2022
Ian Wilder, Esq. 20 WAYS TO FIGHT HOUSING DISCRIMINATION 38 Touro Law Review 655 (2022) When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that the arc of the moral universe is long, but it bends toward... 2022
Norman P. Ho A DEFENSE OF HORIZONTAL PRIVITY IN AMERICAN PROPERTY LAW 91 Mississippi Law Journal 109 (2022) Introduction. 109 I. The Horizontal Privity Requirement in the Law of Real Covenants. 112 A. Overview of the Horizontal Privity Doctrine. 112 B. The Traditional Rationales and Justifications for the Horizontal Privity Doctrine. 116 II. Objections to Horizontal Privity and My Responses and Defenses. 117 A. First Objection to Horizontal... 2022
Haley Schlinger A PROPOSED RULE THAT NSPIRES FEW TENANTS: THE SHORTCOMINGS OF HUD'S PUBLIC HOUSING INSPECTION STANDARDS IN ADDRESSING ENVIRONMENTAL HAZARDS 7 ALR Accord 135 (2022) Introduction. 136 I. The Risks to Tenants of NSPIRE's Silence on Environmental Site Contamination Hazards. 141 A. Amending NSPIRE to Require Environmental Site Testing Where Appropriate. 145 II. The Effects of NSPIRE's Lead Paint Assessment Standard on Tenants. 147 A. Congressional Clarification and Raising NSPIRE's Lead Paint Assessment Standard.... 2022
Eden Sarid A QUEER ANALYSIS OF INTELLECTUAL PROPERTY 2022 Wisconsin Law Review 91 (2022) Intellectual property (IP) is a legal framework associated with economic rationality and that is supposedly neutral toward diverse manifestations of sexuality, gender identities, and unorthodoxy in the cultural landscape. But is that the case? This Article proposes a queer analysis of IP, asserting that IP is a major mechanism through which... 2022
Sarah Hopkins A TALE OF TWO CITIES: INTERPRETING RACIAL DISPARITY IN ENFORCEMENT OF STAY-AT-HOME ORDERS & SOCIAL DISTANCING RULES IN NEW YORK 55 UIC Law Review 485 (Fall, 2022) I. Introduction. 485 II. Background. 490 A. Stop and Frisk Practices. 490 B. Social Distancing Mandates. 495 C. Constitutional Rights Under the Fourth and Fourteenth Amendments. 498 D. Legal Standards Following Floyd v. City of New York. 502 III. Analysis. 503 A. Comparing NYPD's Enforcement of Stay-At-Home Orders and Social Distancing Regulations.... 2022
Christopher Markuson A TIMESHARE BY ANY OTHER NAME: FRACTIONAL HOMEOWNERSHIP AND THE CHALLENGES AND EFFECTS OF COMMODIFIED SINGLE-FAMILY HOMES 43 Mitchell Hamline Law Journal of Public Policy and Practice 1 (Spring, 2022) I. Introduction. 2 II. Direct Effects and Regulatory Efforts Surrounding Commodified Second Homes. 7 A. The Direct Effects of Commodified Housing. 7 1. Lost Hotel Tax Revenue. 7 2. Noise, Nuisance, and Strangers. 10 B. Attempts to Regulate Pacaso. 11 1. Government Regulation. 11 2. Social Regulation. 13 III. The Impact on the Housing Market. 16 A.... 2022
Noah DeWitt A TWISTED FATE: HOW CALIFORNIA'S PREMIER ENVIRONMENTAL LAW HAS WORSENED THE STATE'S HOUSING CRISIS, AND HOW TO FIX IT 49 Pepperdine Law Review 413 (2022) California, the iconic Golden State, holds the infamous record for the largest population of people experiencing homelessness in the United States. These record-setting numbers have been steadily on the rise for decades and are due in large part to the state's severe housing shortage, which is currently just under one million housing units. From... 2022
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