| Author | Title | Citation | Summary | Year |
| Malcolm A. Meyer |
LOUISIANA HEIRSHIP PROPERTY |
55 Louisiana Bar Journal 328 (February/March, 2008) |
Five hundred years ago, Hernando de Soto (the explorer) trekked through what would later be the southeastern United States seeking to uncover secrets of wealth. He never found what he sought. In the last 20 years, Hernando de Soto (the Peruvian economist) traveled through the world seeking to discover the secrets of capital growth. Prof. de Soto... |
2008 |
| Jason Gubi |
LOW INCOME HOUSING: HOPE VI AND THE SOCIAL BUY PROGRAM |
10 Thomas M. Cooley Journal of Practical and Clinical Law 417 (2008) |
Shelter ranks among the most basic of Maslow's hierarchy of needs. Therefore, it is universally recognized that one needs some sort of housing to survive. In industrialized nations, the cost of housing can be prohibitive, especially, for the unemployed or underemployed. In Part Two of this article, I will compare a housing assistance program in the... |
2008 |
| Shirley Darby Howell |
MAKING WOMEN HOMELESS AND KEEPING THEM HOMELESS DOMESTIC VIOLENCE, FLAWED INTERPRETATIONS OF 42 U.S.C. §1437D(L)(6), SEXUAL HARASSMENT IN PUBLIC HOUSING, AND MUNICIPAL VIOLATIONS OF THE EIGHTH AMENDMENT |
65 Guild Practitioner 77 (Summer, 2008) |
Homeless women accompanied by at least one child comprise the fastest growing segment of America's homeless population. This article examines the great poverty that has befallen so many women in America, focusing specifically upon the links between domestic violence, the Department of Housing and Urban Development v. Rucker decision interpreting 42... |
2008 |
| Maneesh Sharma |
MONEY AS PROPERTY: THE EFFECTS OF DOCTRINAL MISALLOCATION ON CAMPAIGN FINANCE REFORM |
41 University of Michigan Journal of Law Reform 715 (Spring 2008) |
By applying First Amendment jurisprudence to campaign finance measures, this Note argues that the Supreme Court has misallocated campaign finance within its doctrinal scheme. This doctrinal misallocation has stymied the ability of legislatures to enact effective reforms to reduce the role of money in politics. This Note argues that money in the... |
2008 |
| Daphna Lewinsohn-Zamir |
MORE IS NOT ALWAYS BETTER THAN LESS: AN EXPLORATION IN PROPERTY LAW |
92 Minnesota Law Review 634 (February, 2008) |
I. The Argument for Wide Ownership Discretion and Its Puzzling Refutations. 639 A. The Basic Argument, Its Appeal, and Its Underlying Premise. 639 B. Rejections of the More Is Better than Less Argument. 643 1. Nontransfer Versus Conditioned Transfer. 643 a. Donative Transfers. 644 b. Restraints on Alienation by Tenant. 648 2. Use Versus Nonuse.... |
2008 |
| Eric Weslander |
MURKY "DEVELOPMENT": HOW THE NINTH CIRCUIT EXPOSED AMBIGUITY WITHIN THE COMMUNICATIONS DECENCY ACT, AND WHY INTERNET PUBLISHERS SHOULD WORRY [FAIR HOUSING COUNCIL OF SAN FERNANDO VALLEY V. ROOMMATES.COM, LLC, 521 F.3D 1157 (9TH CIR. 2008)] |
48 Washburn Law Journal 267 (Fall 2008) |
In January 2008, an anonymous message posted on the website JuicyCampus.com asked other users of the site to name the sluttiest girl in the University of California-Irvine sorority system. The posting generated a swift and steady stream of feedback. Many posts included the full names of female students and provided detailed descriptions of each... |
2008 |
| Todd Donnelly Batson |
NO VACANCY: WHY IMMIGRANT HOUSING ORDINANCES VIOLATE FHA AND SECTION 1981 |
74 Brooklyn Law Review 131 (Fall, 2008) |
Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! The United States has always faced immigration challenges. After the Pilgrims established the first U.S. colony in New England, an ensuing... |
2008 |
| Leonard S. Rubinowitz , Kathryn Shelton |
NON-VIOLENT DIRECT ACTION AND THE LEGISLATIVE PROCESS: THE CHICAGO FREEDOM MOVEMENT AND THE FEDERAL FAIR HOUSING ACT |
41 Indiana Law Review 663 (2008) |
If out of [the Chicago Freedom Movement] came a fair housing bill, just as we got a public accommodations bill out of Birmingham and a right to vote out of Selma, the Chicago movement was a success, and a documented success. Jesse Jackson Fresh from the success of the 1965 Selma, Alabama, voting rights campaign and the passage of the landmark... |
2008 |
| Steven Plitt , Daniel Maldonado |
PROHIBITING DE FACTO INSURANCE REDLINING: WILL HURRICANE KATRINA DRAW A DISCRIMINATORY REDLINE IN THE GULF COAST SANDS PROHIBITING ACCESS TO HOME OWNERSHIP? |
14 Washington and Lee Journal of Civil Rights and Social Justice 199 (Spring, 2008) |
C1-3Table of Contents I. An Overview of Federal Regulatory Authority Prohibiting Discriminatory Redlining. 205 A. History of Civil Rights Legislation Relevant to Redlining. 205 B. Federal Regulation of Mortgage Redlining. 209 1. The Fair Housing Act and Redlining. 209 2. Other Federal Acts Prohibiting Redlining. 213 A. Federal Regulation of... |
2008 |
| Keith H. Hirokawa |
PROPERTY PIECES IN COMPENSATION STATUTES: LAW'S EULOGY FOROREGON'S MEASURE 37 |
38 Environmental Law 1111 (Fall 2008) |
Compensation statutes (such as Oregon's Measure 37) attempt to elevate the importance of private property by insulating property value from any negative effects that land use regulations may have, typically by awarding compensation where property owners are required to suffer limitations in theirland use choices. Although the efforts of... |
2008 |
| Ezra Rosser |
PROTECTING NON-INDIANS FROM HARM? THE PROPERTY CONSEQUENCES OF INDIANS |
87 Oregon Law Review 175 (2008) |
For the term following the confirmation of Justice Alito and Chief Justice Roberts, the Supreme Court did not grant certiorari on any Indian law case for perhaps the first time since 1960. With the Native American Rights Fund and other pan-Indian organizations actively pursuing an avoid-the-Court strategy, necessitated by the Court's hostility... |
2008 |
| David E. Ewan, Mark Ladd |
RACE TO THE (VIRTUAL) COURTHOUSE: HOW STANDARDS DRIVE ELECTRONIC RECORDING OF REAL PROPERTY DOCUMENTS |
22-FEB Probate and Property 8 (January/February, 2008) |
In 2006, $2.51 trillion in new mortgage loans were originated in the United States. Almost all of these mortgages were recorded in the land records of one of approximately 3,600 counties, cities, or other municipalities, using a land records system that dates back to the 17th century, which largely relies on accepting paper documents for... |
2008 |
| Shubha Ghosh |
RACE-SPECIFIC PATENTS, COMMERCIALIZATION, AND INTELLECTUAL PROPERTY POLICY |
56 Buffalo Law Review 409 (May, 2008) |
Patent reform is at the forefront of current academic and policy debates. Bad press on the quality of issued patents, litigation disruptive to competition and business, and the perceived impact of a seemingly broken system on innovation have each--and in combination--driven the movement to fix the patent system. This Article addresses the... |
2008 |
| Kristen A. Carpenter |
REAL PROPERTY AND PEOPLEHOOD |
27 Stanford Environmental Law Journal 313 (June, 2008) |
This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unwilling to confront the uncomfortable truth that... |
2008 |
| John A. Powell |
REFLECTIONS ON THE PAST, LOOKING TO THE FUTURE: THE FAIR HOUSING ACT AT 40 |
41 Indiana Law Review 605 (2008) |
Every ten years, dutiful law review editors across the nation call upon commentators and scholars to reflect upon the state of housing in the United States. Among all of the commemorative scholarship in the area of civil rights, perhaps none can be as somber or dispiriting as the state of fair housing. Although, and perhaps because, housing was... |
2008 |
| Lorna Fox |
RE-POSSESSING "HOME": A RE-ANALYSIS OF GENDER, HOMEOWNERSHIP AND DEBTOR DEFAULT FOR FEMINIST LEGAL THEORY |
14 William and Mary Journal of Women and the Law 423 (Spring, 2008) |
The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The... |
2008 |
| Stephen Collins |
SAVING FAIR HOUSING ON THE INTERNET: THE CASE FOR AMENDING THE COMMUNICATIONS DECENCY ACT |
102 Northwestern University Law Review 1471 (Summer 2008) |
I. Introduction. 1471 II. The Fair Housing Act and the Communications Decency Act. 1474 A. The Fair Housing Act: § 3604(c). 1474 B. The Communications Decency Act. 1479 III. The Dominance of the Communications Decency Act. 1483 A. Courts Interpret § 230. 1483 B. Courts Apply § 230 to the Fair Housing Act. 1488 IV. Saving § 3604(c). 1490 A. The... |
2008 |
| Prepared By: Daniel Stafford |
SELECTED HOUSE BILLS |
1 John Marshall Law Journal 278 (2008) |
Co-Sponsors: Rep. Al Williams (165), Rep. Carolyn Hugley (133), Rep. Calvin Smyre (132), Rep. Bob Holmes (61) & Rep. David Lucas (139). Summary: House Bill 149 sought to prohibit law enforcement officials from being able to use race or ethnicity as a basis for probable cause while engaged in law enforcement duties. The legislation required officers... |
2008 |
| Nina Farnia |
SITTING SILENTLY AT HOME: A CRITIQUE OF THE REVOLUTION WILL NOT BE FUNDED: BEYOND THE NON-PROFIT INDUSTRIAL COMPLEX |
17 UCLA Women's Law Journal 269 (Spring 2008) |
I. The Non-Profit Industrial Complex: Definitions and Questions. 279 A. Who Are the Members of the Non-Profit Industrial Complex? What Do They Really Do?. 282 B. How Can These Organizations Contribute to the Establishment of a Transformative Social Justice Movement?. 289 II. What Is a Social Movement?. 293 A. How Is Organizing Different from a... |
2008 |
| Aric K. Short |
SLAVES FOR RENT: SEXUAL HARASSMENT IN HOUSING AS INVOLUNTARY SERVITUDE |
86 Nebraska Law Review 838 (2008) |
I. Introduction. 839 II. Qualifying and Quantifying Sexual Harassment in Housing. 843 A. What Constitutes Residential Sexual Harassment?. 844 B. Measuring the Incidence. 847 1. Empirical Studies. 847 2. Official Data. 849 3. Case Law. 853 4. Investigative Journalism. 854 III. The FHA as an Imperfect Vehicle for Residential Sexual Harassment Claims.... |
2008 |
| Geoffrey R. Scott |
SPOLIATION, CULTURAL PROPERTY, AND JAPAN |
29 University of Pennsylvania Journal of International Law 803 (Summer 2008) |
1. Introduction. 805 2. The Protection of Cultural Property: Contemporary Involvement of Japan. 813 3. Who is the Rightful Owner of Cultural Property? The Political Context in the East . 816 4. The Japanese-Korean Conflict. 824 4. 1. Japanese Invasions of Korea, 1592-1598. 825 4. 2. The Late Nineteenth Century and Continuing Through Japan's... |
2008 |
| Steven Semeraro |
SWEET LAND OF PROPERTY?: THE HISTORY, SYMBOLS, RHETORIC, AND THEORY BEHIND THE ORDERING OF THE RIGHTS TO LIBERTY AND PROPERTY IN THE CONSTITUTIONAL LEXICON |
60 South Carolina Law Review 1 (Autumn 2008) |
I. Introduction. 2 II. Property and Liberty Rights in American Jurisprudence. 6 A. Defining Property and Liberty Rights. 7 B. Judicial Scrutiny of Property and Liberty Rights. 9 III. Historical Property Rights. 11 A. Intellectual History of the Founding Era. 12 B. Constitutional Text. 16 C. Judicial Interpretation. 19 1. Early Republic20 2. Early... |
2008 |
| Jeannie Suk |
TAKING THE HOME |
20 Law and Literature 291 (Fall, 2008) |
Abstract. Law resists the uncanny. The home is the exemplar of the uncanny. Two Supreme Court cases, decided four days apart, Kelo v. City of New London and Town of Castle Rock v. Gonzales, grapple with the uncanny home. Both reflect on the meanings of the home as simultaneously the source of security against and the focal point of anxieties about... |
2008 |
| Alan M. White |
THE CASE FOR BANNING SUBPRIME MORTGAGES |
77 University of Cincinnati Law Review 617 (Winter 2008) |
Imagine a home loan bank; a bank with a better idea. Instead of hiring armies of underwriters with green eyeshades to size up loan applicants, scrutinize their documents, calculate their income ratios, and turn down scores of requests, this bank will use a new approach--everybody gets a mortgage. The bank will want an appraisal of your home. As... |
2008 |
| Marc R. Poirier |
THE CULTURAL PROPERTY CLAIM WITHIN THE SAME-SEX MARRIAGE CONTROVERSY |
17 Columbia Journal of Gender and Law 343 (2008) |
Partisans in the contemporary controversy over same-sex marriage and marriage equality often use the rhetoric of access and exclusion to frame their positions. These terms are also used to stake out positions on how to resolve conflicts over congestible natural resources. This Article takes the terms at face value and asks whether and how the... |
2008 |
| Michael B. de Leeuw , Megan K. Whyte , Dale Ho , Catherine Meza , Alexis Karteron |
THE CURRENT STATE OF RESIDENTIAL SEGREGATION AND HOUSING DISCRIMINATION: THE UNITED STATES' OBLIGATIONS UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
13 Michigan Journal of Race and Law 337 (Spring 2008) |
The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease... |
2008 |
| Jeannine Bell |
THE FAIR HOUSING ACT AND EXTRALEGAL TERROR |
41 Indiana Law Review 537 (2008) |
It cannot be doubted that among the civil rights intended to be protected from discriminatory state action by the Fourteenth Amendment are the rights to acquire, enjoy, own and dispose of property. Equality in the enjoyment of property rights was regarded by the framers of that Amendment as an essential pre-condition to the realization of other... |
2008 |
| Hari M. Osofsky |
THE GEOGRAPHY OF JUSTICE WORMHOLES: DILEMMAS FROM PROPERTY AND CRIMINAL LAW |
53 Villanova Law Review 117 (2008) |
Falling into a black hole has become one of the horrors of science fiction. In fact, black holes can now be said to be really matters of science fact. Of course, where the science fiction writers really go to town is on what happens if you do fall into a black hole. A common suggestion is that if the black hole is rotating, you can fall through a... |
2008 |
| Matthew H. Greene |
THE HOPE VI PARADOX: WHY DO HUD'S MOST SUCCESSFUL HOUSING DEVELOPMENTS FAIL TO BENEFIT THE POOREST OF THE POOR? |
17 Journal of Law & Policy 191 (2008) |
In February of 2008, the United Nations (UN) Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, along with the UN Independent Expert on minority issues, issued a press release condemning the redevelopment of public housing in New Orleans... |
2008 |
| Kathryn B. Richards |
THE ILLINOIS CONDOMINIUM PROPERTY ACT: AN ANALYSIS OF LEGISLATIVE EFFORTS TO IMPROVE TENANTS' RIGHTS IN THE CONDOMINIUM CONVERSION PROCESS |
57 DePaul Law Review 829 (Spring 2008) |
Kathy first learned that her apartment building was going condo from a stranger who knocked on her door and asked if he could come inside and take a look around. He said that he was planning to buy her apartment. At another building, all of the tenants' leases were changed to month-to-month tenancies. The building was then sold, and the new owner... |
2008 |
| Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins |
THE NIGHTMARE ON MAIN STREET FOR AFRICAN-AMERICANS: A CALL FOR A NEW NATIONAL POLICY FOCUS ON HOMEOWNERSHIP |
10 Berkeley Journal of African-American Law & Policy 262 (2008) |
Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... |
2008 |
| David Takacs |
THE PUBLIC TRUST DOCTRINE, ENVIRONMENTAL HUMAN RIGHTS, AND THE FUTURE OF PRIVATE PROPERTY |
16 New York University Environmental Law Journal 711 (2008) |
Who owns the Earth and its resources? To what extent may the general public claim the pure water, clean air, rich soil, and the myriad services Earth provides to sustain human life? Across continents and spanning centuries, a dynamic tension continues between those who would circumscribe the Earth's bounty for private use and those who would... |
2008 |
| Leslie Friedman Goldstein |
THE SECOND AMENDMENT, THE SLAUGHTER-HOUSE CASES (1873), AND UNITED STATES V. CRUIKSHANK (1876) |
1 Albany Government Law Review 365 (2008) |
Introduction. 367 I. Lingering Mysteries About the Slaughter-House Cases. 370 A. Purposes of the Privileges or Immunities Clause. 370 B. The Slaughter-House Cases (1873). 372 II. Providing a Motive for Slaughter-House. 380 A. Inadequacies of Prior Scholarship. 380 B. Second Amendment Incorporation in the Lower Courts. 383 1. Incorporation... |
2008 |
| Michael Halper |
THE TAX RAMIFICATIONS OF CATCHING HOME RUN BASEBALLS |
59 Case Western Reserve Law Review 191 (Fall, 2008) |
The summer of 1998 marked the rebirth of America's pastime, Major League Baseball, following several years of stunted growth caused by 1994's player strike. The resurgence is attributed in large part to the general public's fascination with the summer-long chase of Roger Maris's single-season record of sixty-one home runs. The St. Louis Cardinals'... |
2008 |
| Daria Roithmayr |
THEM THAT HAS, GETS |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| J. Andrew Crossett |
UNFAIR HOUSING ON THE INTERNET: THE EFFECT OF THE COMMUNICATIONS DECENCY ACT ON THE FAIR HOUSING ACT |
73 Missouri Law Review 195 (Winter, 2008) |
The use of online advertisements is a relatively new, but rapidly-growing phenomenon. Consumers have latched onto the idea of holding an online garage sale and its use has seen a marked increase. For example, online classified advertising services users increased eighty percent between 2004 and 2005. Consumers, however, sell more than baseball... |
2008 |
| James E. Rosenbaum , Stefanie DeLuca |
WHAT KINDS OF NEIGHBORHOODS CHANGE LIVES? THE CHICAGO GAUTREAUX HOUSING PROGRAM AND RECENT MOBILITY PROGRAMS |
41 Indiana Law Review 653 (2008) |
Neighborhood effects on the lives of families and children have long been an important topic of research, and communities are currently also a relevant topic for public policy. Theoretically, neighborhoods are important contexts for socialization and development as well as places where we see structures of inequality and opportunity in action.... |
2008 |
| Edward V. O'Hanlan |
2006 CONNECTICUT REAL PROPERTY LAW DEVELOPMENTS |
81 Connecticut Bar Journal 139 (June, 2007) |
This article highlights the 2006 decisions from the Connecticut Supreme Court (Supreme Court) and Connecticut Appellate Court (Appellate Court) in the area of real property law. Real property law includes matters concerning eminent domain, zoning, conveyances, wetlands and other environmental issues, easements, common interest ownership, real... |
2007 |
| Florence Wagman Roisman |
AFFIRMATIVELY FURTHERING FAIR HOUSING IN REGIONAL HOUSING MARKETS: THE BALTIMORE PUBLIC HOUSING DESEGREGATION LITIGATION |
42 Wake Forest Law Review 333 (Summer 2007) |
We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. Martin Luther King, Jr., I Have A Dream, Address to the March on Washington for Jobs and Freedom (Aug. 28, 1963). In making these regional efforts, HUD did not overlook the current residents of Baltimore public housing. . . . [P]ublic housing... |
2007 |
| Goutam U. Jois |
AFFORDABLE HOUSING AND CIVIC PARTICIPATION: TWO SIDES OF THE SAME COIN |
22 BYU Journal of Public Law 1 (2007) |
America faces an affordable housing crisis. The cost of housing continues to rise, making home ownership impossible for many. In some markets, the cost of renting is so high that even those earning close to the median income are considered cost-burdened. According to a recent study, nearly one hundred million Americans lack safe, decent,... |
2007 |
| J. Peter Byrne, Michael Diamond |
AFFORDABLE HOUSING, LAND TENURE, AND URBAN POLICY: THE MATRIX REVEALED |
34 Fordham Urban Law Journal 527 (March, 2007) |
Housing provides a necessary foundation for physical and social life. It provides shelter, security, recreation, and wealth. It plays a central role in the health and well-being of its occupants and also supports their employment and educational endeavors. Among the poor, there is a severe shortage of adequate, affordable housing. Because housing... |
2007 |
| Peter Salsich , Rex Gradeless , Laura Schwarz , Kathleen Zahn |
AFFORDABLE WORKFORCE HOUSING--AN AGENDA FOR THE SHOW ME STATE: A REPORT FROM AN INTERACTIVE FORUM ON HOUSING ISSUES IN MISSOURI |
27 Saint Louis University Public Law Review 45 (2007) |
In the midst of the turmoil caused by the subprime mortgage market collapse in 2007, concerns abound about the ability of working families with below local median incomes to meet their housing needs. Recent reports from the Center for Housing Policy and the Joint Center for Housing Studies at Harvard University dramatize the difficulties these... |
2007 |
| Peggie R. Smith |
AGING AND CARING IN THE HOME: REGULATING PAID DOMESTICITY IN THE TWENTY-FIRST CENTURY |
92 Iowa Law Review 1835 (July, 2007) |
I. Introduction. 1837 II. On Aging and Caring. 1843 III. The Historical Legal Link Between Domestic Service and Home Care. 1850 A. Domestic Service: A Legal Outcast. 1851 B. Reflections on the Exclusion. 1853 IV. The Fair Labor Standards Act: Home- Care Workers as Companions. 1860 A. The Domestic Service Exemption and the 1974 Amendments. 1860 B.... |
2007 |
| PeterPaul Shaker |
AMERICA'S BAD BET: HOW THE UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT OF 2006 WILL HURT THE HOUSE |
12 Fordham Journal of Corporate and Financial Law 1183 (2007) |
America's Second Prohibition, centered on online gambling, has met criticism at home for its impractical and hypocritical nature, and earned disdain abroad for its disrespect of World Trade Organization (the WTO) obligations to equal market access. By preventing American financial institutions from facilitating online wagers, the Unlawful... |
2007 |
| Peter S. Menell |
BANKRUPTCY TREATMENT OF INTELLECTUAL PROPERTY ASSETS: AN ECONOMIC ANALYSIS |
22 Berkeley Technology Law Journal 733 (Spring 2007) |
I. INTRODUCTION. 735 II. CONTRASTING APPROACHES TO ASSET MANAGEMENT: INTELLECTUAL PROPERTY LAWS VERSUS THE BANKRUPTCY SYSTEM. 737 A. Intellectual Property Law: The Ex Ante Perspective. 737 1. The Goals of Intellectual Property Law. 738 2. Intellectual Property Transactions. 741 a) Patents. 741 b) Copyrights. 743 c) Trade Secrets. 747 d) Trademarks.... |
2007 |
| Allegra di Bonaventura |
BEATING THE BOUNDS: PROPERTY AND PERAMBULATION IN EARLY NEW ENGLAND |
19 Yale Journal of Law & the Humanities 115 (Summer 2007) |
In 1654, lay historian Edward Johnson wrote of the colonial project in New England in flushed, sanguine terms: Thus hath the Lord been pleased to turn one of the most hideous, boundless, and unknown wildernesses in the world in an instant, as twere, .[ . .] to a well-ordered commonwealth. Colonists who came from England in the... |
2007 |
| Laura A. Rosenbury |
BETWEEN HOME AND SCHOOL |
155 University of Pennsylvania Law Review 833 (April, 2007) |
Family law in the United States has long embraced the image of a triangle to describe the allocation of legal authority over childrearing. Parents, children, and the state stand at the three points of this triangle. Much of family law concerns when parental authority over children should trump state interests, when state interests should trump... |
2007 |
| Charles Martel |
BRING IT ON HOME: A GULF COAST MARSHALL PLAN BASED ON INTERNATIONAL HUMANITARIAN STANDARDS |
32 Vermont Law Review 57 (Fall, 2007) |
Two years after Hurricanes Katrina and Rita, many parts of New Orleans and the Gulf Coast are still devastated, and the needs of millions of residents remain unmet. One independent study summarized the need for more robust federal action saying: The federal disaster aid programs now in place were never designed to handle the scale of catastrophic... |
2007 |
| Michael J. Percy |
BRITISH PROPERTY LAW AND HUMAN RIGHTS: POSSIBLE LESSONS FROM THE UNITED STATES CONSTITUTION |
5 Santa Clara Journal of International Law 562 (2007) |
The adoption of the Human Rights Act 1998 (HRA) has brought home the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) to British domestic law. Historically, property lawyers in the United Kingdom ignored any possible human rights aspects of their work. This was probably an error since the Convention has... |
2007 |
| Henry Korman |
CLASH OF THE INTEGRATIONISTS: THE MISMATCH OF CIVIL RIGHTS IMPERATIVES IN SUPPORTIVE HOUSING FOR PEOPLE WITH DISABILITIES |
26 Saint Louis University Public Law Review 3 (2007) |
A northeastern state embarked on an ambitious planning effort to develop supportive housing opportunities for homeless people with serious mental illnesses in subsidized, scattered site, community-based apartments as an alternative to hospitalization and placement in halfway houses. The initiative brought together state mental health officials,... |
2007 |