| Author | Title | Citation | Summary | Year |
| Neil Fulton |
JOHN LEWIS AND THE POLITICS OF LOVE JON MECHAM, HIS TRUTH IS MARCHING ON: JOHN LEWIS AND THE POWER OF HOPE. JOHN MEACHAM. RANDOM HOUSE, 2020. 354 PP. (ISBN-9781984855022; ISBN-13:9781984855039) |
68 South Dakota Law Review 35 (2023) |
What if political thought and action stood on a foundation of universal love? Many, if not most, would be skeptical of such a premise. Current circumstances certainly justify such skepticism. Congressman John Lewis was not only not skeptical of the premise of a politics of love; he built his life on it. He repeatedly risked his life for it, in... |
2023 |
| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
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KEEPING CURRENT--PROPERTY |
37-APR Probate and Property 16 (March/April, 2023) |
ADVERSE POSSESSION: Repudiation of owner's title is not required where adverse claim begins with easement and hostile acts exceed those rights. The Dowlings purchased property located on a peninsula protruding into Long Island Sound from the Bradleys for $2.6 million. All the abutting owners in the area had a common right-of-way easement over a... |
2023 |
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KEEPING CURRENT--PROPERTY |
37-DEC Probate and Property 10 (November/December, 2023) |
ANNEXATION: Annexation agreement binds purchaser who acquires only part of annexed subdivision. In 2003, the Village of Kirkland and a landowner entered into an annexation agreement, providing that the village would annex 114 acres of land to be developed as a residential subdivision. The recorded agreement was executed under the Illinois Municipal... |
2023 |
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KEEPING CURRENT--PROPERTY |
37-FEB Probate and Property 20 (January/February, 2023) |
BROKERS: Construction contractor who is not licensed as broker is not entitled to compensation for finding buyer for property. Choice Homes LLC (Choice), a construction contractor, was owned by two individuals who were the only employees. Choice delegated all office work and actual construction to subcontractors, who were, like the owners,... |
2023 |
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KEEPING CURRENT--PROPERTY |
37-JUN Probate and Property 18 (May/June, 2023) |
Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. ADVERSE POSSESSION: Mere failure to object to adverse use does not establish neighborly accommodation to defeat hostility. Kudar and Morgan were neighbors. Not knowing... |
2023 |
| Rose Wehrman |
KEEPING FERRIS OUT OF FOSTER CARE: REFORMING THE JJDPA TO PREVENT HOME REMOVALS BASED ON TRUANCY |
57 Columbia Journal of Law and Social Problems 161 (Fall, 2023) |
Truancy is directly correlated with negative educational and life outcomes for students. The state exacerbates these negative effects when it removes students from their homes for truancy. Far from addressing the underlying causes of truancy, home removals--whether into secure or non-secure placements--cause devastating harm. The Juvenile Justice... |
2023 |
| Maeve Glass |
KILLING PRECEDENT: THE SLAUGHTER-HOUSE CONSTITUTION |
123 Columbia Law Review 1135 (May, 2023) |
This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion's primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people's archive of slavery. Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled... |
2023 |
| Nicholas Blomley , Alexandra Flynn , Marie-Ève Sylvestre , Nicholas Olson |
LAW, URBAN SPACE, AND PRECARIOUS PROPERTY: THE GOVERNANCE OF POOR PEOPLE'S POSSESSIONS |
50 Fordham Urban Law Journal 223 (February, 2023) |
Introduction. 224 I. Precariously Housed People Must Negotiate Multiple Legal Spaces. 226 II. Routine Seizure and Destruction of Belongings Occurs by Multiple Actors. 228 III. Precariously Housed People Lack Meaningful and Accessible Remedies. 230 IV. The Taking and Destruction of Poor People's Belongings Perpetuates Vulnerability and Poverty. 234... |
2023 |
| Jennie A. Hill |
LEGITIMATE STATE INTEREST OR EDUCATIONAL CENSORSHIP: THE CHILLING EFFECT OF OKLAHOMA HOUSE BILL 1775 |
75 Oklahoma Law Review 385 (Winter, 2023) |
The Oklahoma Legislature crawls into classrooms way too much and tells classroom teachers, which we are short on by the way, what they can and can't do .. [This bill] reeks of something that is not local . and that we do not need to be addressing in this building. The bill--Oklahoma House Bill 1775--originally created emergency medical... |
2023 |
| Heather Latino |
LEVERAGING HOUSING PROGRAMS: ENSURING THAT FOOD ACCESS INVESTMENTS DO NOT DISPLACE PEOPLE |
19 Journal of Food Law & Policy 58 (Spring, 2023) |
I see one-third of a nation ill housed, ill clad, ill nourished .. The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little. Franklin Delano Roosevelt, January 20, 1937 In September 2022, the Biden-Harris Administration convened a White House... |
2023 |
| Erica Witter |
MAKING AMENDS: LOCALIZING AND IMPLEMENTING HOUSING REPARATION PROGRAMS FOR AFRICAN AMERICANS AFFECTED BY DISCRIMINATORY HOUSING POLICIES |
15 Drexel Law Review 509 (2023) |
In Philadelphia, there is a significant gap in African American home ownership that has contributed to many of the problems that African American residents face today. Decreased industrialization, high poverty rates, crime, and loss in property values are direct consequences of housing discrimination by state and private actors. This Note... |
2023 |
| Moira O'Neill, Eric Biber, Nicholas J. Marantz |
MEASURING LOCAL POLICY TO ADVANCE FAIR HOUSING AND CLIMATE GOALS THROUGH A COMPREHENSIVE ASSESSMENT OF LAND USE ENTITLEMENTS |
50 Pepperdine Law Review 505 (March, 2023) |
California's legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing production-- particularly affordable housing production. Some of these new laws expand local reporting requirements concerning zoning and planning laws, and the application of those laws apply to proposed... |
2023 |
| Justin Kennedy |
METAVERSE PROPERTY: ADVOCATING FOR THE REGULATION OF METAVERSE LAND AND PROPERTY THROUGH A REAL ESTATE LEGAL REGIME |
17 Ohio State Business Law Journal 323 (2023) |
C1-2Table of Contents I. Introduction. 324 II. History and Background. 326 A. What is the Metaverse?. 326 B. How to Purchase a Piece of Property in the Metaverse. 328 C. Pitfalls of Metaverse Real Estate Transfers and Structure. 329 III. How Intellectual Property Law Currently Reigns Over the Metaverse. 330 A. Intellectual Property Law Bestows Some... |
2023 |
| Andy Taylor |
MUCH DISPUTE ABOUT NOTHING? A CRITICAL EXAMINATION OF THE BACKLASH AGAINST INVESTMENT TREATY ARBITRATION IN INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES |
14 Cybaris an Intellectual Property Law Review 33 (2023) |
C1-3Table of Contents I. Introduction 34 II. ISDS: Origins, Growth & Criticism 36 A. Origins of ISDS 36 B. Growth of ISDS 39 C. Backlash Against ISDS 42 D. Criticism of ISDS in IP Disputes 46 III. Notable Investor-State IP Disputes 49 A. Patents: Eli Lilly v. Canada 49 B. Trademarks: Philip Morris v. Uruguay 55 IV. Argument 58 A. ISDS: An... |
2023 |
| Allison Roy Kawachi |
MUNICIPAL FAIR HOUSING ACT LITIGATION AND REPARATIONS |
69 UCLA Law Review 1322 (January, 2023) |
L1-2TABLE OF CONTENTS Introduction. 1324 I. Reparations Litigation: What It Is and Why It Fails. 1327 A. What Are Reparations?. 1327 1. Definition. 1327 2. History. 1330 3. Goals. 1334 a. Economic Goals. 1334 b. Moral Goals. 1336 B. Reparations and Litigation. 1337 1. The Role of Litigation. 1337 2. Overview of Key Reparations Cases. 1339 a.... |
2023 |
| Bella Miller |
MY UTERUS, MY CHOICE: ABORTION BANS AND PROPERTY INTERESTS IN THE FEMALE BODY |
64 Boston College Law Review 2131 (November, 2023) |
Abstract: For fifty years, people who can become pregnant have relied on the ability to access abortions as a part of ordinary, safe, and quality medical care. Abortions are low-risk medical procedures that provide people who can become pregnant with the ability to control their health and well-being. The Supreme Court stripped women of their... |
2023 |
| Angela R. Riley |
NATIVE NATIONS AND TRIBAL CULTURAL PROPERTY LAW |
16 Landslide 22 (September/October, 2023) |
The world is experiencing a decolonization movement, as former colonies and Indigenous Peoples seek to regain cultural identities and political power that was stripped in the colonial period. This endeavor has particular resonance for Indigenous Peoples, who, as the New York Times recently reported, are increasingly calling on courts and... |
2023 |
| Eric R. Claeys |
NATURAL PROPERTY RIGHTS: A REPLY |
9 Texas A&M Journal of Property Law 757 (5/28/2023) |
This Reply concludes the symposium hosted by the Texas A&M University Journal of Property Law on the author's forthcoming book Natural Property Rights. The Reply shows how natural law and rights apply to a wide range of doctrinal examples raised in this symposium--including business associations, correlative oil rights, timber extraction, sinking... |
2023 |
| Eric R. Claeys |
NATURAL PROPERTY RIGHTS: AN INTRODUCTION |
9 Texas A&M Journal of Property Law 415 (5/28/2023) |
This Article introduces a symposium hosted by the Texas A&M University Journal of Property Law. The symposium is on a forthcoming book, and in that book the author introduces and defends a theory of property relying on labor, natural rights, and mine-run principles of natural law. Parts I and II of the Article preview the main claims of the book,... |
2023 |
| Monika U. Ehrman |
NATURAL RESOURCE PROPERTY CUSTOMS |
41 UCLA Journal of Environmental Law & Policy 1 (2023) |
This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... |
2023 |
| Katelin O'Connor |
NO DOGS ALLOWED (WITHOUT A WARRANT): EXPANDING THE FOURTH AMENDMENT SANCTITY OF THE HOME TO INTERIOR THRESHOLD SEARCHES FOR TENANTS IN MULTIUNIT DWELLINGS-UNITED STATES v. MATHEWS |
101 Nebraska Law Review 585 (2023) |
C1-2TABLE OF CONTENTS I. Introduction. 586 II. The History of Fourth Amendment Privacy Protections. 589 A. Unconstitutional Search Requires Physical Intrusion--Common-Law Trespassory Test. 589 B. Unconstitutional Search Without Physical Intrusion--Reasonable-Expectation-of-Privacy Test. 592 III. Circuit Split. 596 A. Majority Approach. 596 B.... |
2023 |
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NOBODY HAS A "CORNER ON THE MARKET": THE COLLABORATIVE USE OF BOTH IN-HOUSE COUNSEL AND OUTSIDE COUNSEL |
22 Journal of International Business and Law 34 (Winter, 2023) |
In business lawyering, there is no single prescription for when to use in-house counsel or outside counsel. Many companies employ both types of counsel. Each brings different advantages to the client and the transaction in issue. Notwithstanding historical resistance in the legal industry about the propriety of deeming in-house counsel as veritable... |
2023 |
| Jack Duffley |
ON THIN ICE: FIXING THE COOK COUNTY PROPERTY TAX DIVIDE |
96 Chicago-Kent Law Review 283 (2023) |
For Cook County, the property tax is one of the most important revenue sources. The County is divided into numerous taxing districts, like school, library, or municipality districts, all of which rely heavily on property tax revenue. Every year, each district in Cook County submits a property tax levy based on its projected expenditures. In 2018,... |
2023 |
| Julie Gilgoff |
OPPORTUNITY TO PURCHASE POLICIES: PRESERVING THE AFFORDABILITY OF MANUFACTURED HOME COMMUNITIES |
68 Villanova Law Review 405 (2023) |
Manufactured homes, otherwise known as mobile homes, are one of the last vestiges of truly affordable housing in the United States. With funding drying up for government-subsidized rental programs, manufactured homes are an attractive form of naturally occurring affordable housing that enable low-income communities to attain homeownership and... |
2023 |
| Robin Feldman |
PATENTS AS PROPERTY FOR THE TAKINGS |
12 NYU Journal of Intellectual Property and Entertainment Law 198 (Spring, 2023) |
The Fifth Amendment's Compensation Clause contains only a few simple words: nor shall private property be taken for public use without just compensation. Yet these simple words have confounded legal minds for over 200 years, and as Congress has contemplated various patent law reforms in recent decades, the specter of the Fifth Amendment looms on... |
2023 |
| Rachel F. Moran |
PERSONHOOD, PROPERTY, AND PUBLIC EDUCATION: THE CASE OF PLYLER v. DOE |
123 Columbia Law Review 1271 (June, 2023) |
Property law is having a moment, one that is getting education scholars' attention. Progressive scholars are retooling the concepts of ownership and entitlement to incorporate norms of equality and inclusion. Some argue that property law can even secure access to public education despite the U.S. Supreme Court's longstanding refusal to recognize a... |
2023 |
| Maeve Hyer |
PHYSICAL SPORTS NEEDING VIRTUAL BOUNDARIES? AN ANALYSIS OF INTELLECTUAL PROPERTY ISSUES ARISING FROM SPORT NFTS |
30 Jeffrey S. Moorad Sports Law Journal 91 (2023) |
Sports have long been understood to have loyal and loving fans. Sporting memorabilia generates roughly $5.4 billion annually. Whether player's jerseys or signed trading cards, the sports industry is no stranger to big spenders for coveted mementos from historic games. The metaverse is a niche concept of the tech world that recently exploded in... |
2023 |
| Carolyn Mitchell |
PLAYING CATCH-UP: LAWS PROTECTING CULTURAL PROPERTY IN THE UNITED STATES NEED AN UPDATE |
97 Tulane Law Review Online 1 (June, 2023) |
I. Introduction. 2 II. Historical Attempts at Creating Effective Laws to Protect Cultural Property. 4 A. The Evolution of International Laws Protecting Cultural Property. 4 B. How Responsive Cultural Property Laws Are to Concomitant Societal Awareness. 11 III. Laws Protecting Cultural Property in the United States. 13 IV. How the United States... |
2023 |
| Andrea Uhlig , William Bellamy , Megan Amos , Donna Bernstein , Jennifer Brause , Erin Morin , Anne Corrigan , Frank Curriero , Paul Locke |
PREVENTING EVICTION AND HOUSING LOSS: TAKING ADVANTAGE OF A ONE HEALTH APPROACH AND THE HUMAN-COMPANION ANIMAL BOND |
26 Journal of Health Care Law and Policy 181 (2023) |
Housing loss is at epidemic proportions in the United States, especially in cities like Baltimore, Maryland. Baltimore has a high rate of housing eviction and housing loss. According to a report released by the Public Justice Center, an average of 6,880 evictions have occurred annually in the city since 2012. Eviction rates tend to be high among... |
2023 |
| David Ray Papke |
PRIVATE RETIREMENT COMMUNITIES: THE MARKETING AND CONSUMPTION OF AGE-SEGREGATED HOUSING FOR OLDER AMERICANS |
10 Belmont Law Review 326 (Spring, 2023) |
Introduction. 326 I. Private Retirement Community Marketing and Consumption. 327 II. Criticisms under the Fair Housing Act and Subsequent Reforms. 335 III. The Failure of Private Retirement Community Housing. 342 Conclusion. 351 |
2023 |
| Jonathan Bertulis-Fernandes |
PROGRESSIVE PROPERTY THEORY AND THE WICKED PROBLEM OF HOMELESSNESS: THE CASE FOR A NATIONAL RIGHT TO SHELTER |
64 Boston College Law Review 1681 (October, 2023) |
Abstract: The United States is experiencing an unparalleled affordable housing and homelessness crisis, and at least 580,000 people are forced to live unhoused each year. Despite this crisis, no federal law has established a right to shelter and the Supreme Court has not yet recognized a constitutional right to housing. In the absence of a national... |
2023 |
| Aziz Z. Huq |
PROPERTY AGAINST LEGALITY: TAKINGS AFTER CEDAR POINT |
109 Virginia Law Review 233 (April, 2023) |
In the American constitutional tradition, a zealous judicial defense of property is closely aligned with the idea of the rule of law. Conventional wisdom holds that the Takings Clause of the Fifth Amendment vindicates both property rights and the rule of law by foreclosing arbitrary, lawless state action. But the standard story linking property... |
2023 |
| Timothy M. Mulvaney , LaToya Baldwin Clark |
PROPERTY AND EDUCATION |
123 Columbia Law Review 1189 (June, 2023) |
I. Educational Boundaries. 1191 II. Educational Justice. 1194 III. Educational Resources. 1199 IV. Conclusion. 1200 |
2023 |
| Bethany R. Berger |
PROPERTY AND THE RIGHT TO ENTER |
80 Washington and Lee Law Review 71 (Winter, 2023) |
On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, holding that laws that authorize entry to land are takings without regard to duration, impact, or the public interest. The decision runs roughshod over precedent, but it does something more. It undermines the important place of rights to enter in preserving the virtues of... |
2023 |
| Meghan L. Morris |
PROPERTY AND THE SOCIAL LIFE OF THINGS |
97 Tulane Law Review 403 (February, 2023) |
What are the things of property? Recent debates in property scholarship have drawn a line in the sand between a theory of property as the law of things and a theory of property as social relations. The project to define property as the law of things, rather than a bundle of rights, is important. Property scholars intent on parsing its social... |
2023 |
| Jack H.L. Whiteley |
PROPERTY IN WOLVES |
108 Cornell Law Review 617 (March, 2023) |
From colonial times until the mid-twentieth century, governments paid bounties to extirpate wolves, mountain lions, and other ecologically important wild animals. Clearing the wild was a sustained legislative project. I argue that these bounty statutes have implications for the history and theory of property. The statutes, in their intent and... |
2023 |
| Elise Gibbens |
PROPERTY RICH AND MONEY POOR: AN ANALYSIS OF THE UNIFORM PARTITION OF HEIRS' PROPERTY ACT AND DISCUSSION OF ITS BENEFITS THROUGH A NATIONWIDE IMPLEMENTATION |
24 Loyola Journal of Public Interest Law 63 (Spring, 2023) |
The Uniform Partition of Heirs' Property Act (UPHPA) was created in 2010 to ensure protection for landowners of property that has been passed down throughout generations. Unfortunately, family members often lack the requisite title to their land when it has been passed to them by their ancestors. Thus, they are unable to defend themselves when a... |
2023 |
| Ralph C. Brashier |
PROPERTY RIGHTS AND GRAVES |
108 Iowa Law Review 1149 (March, 2023) |
Let's talk of graves, of worms, and epitaphs; . And nothing can we call our own but death And that small model of the barren earth Which serves as paste and cover to our bones. --WILLIAM SHAKESPEARE, RICHARD II, act 3, sc. 2 ABSTRACT: The ability to acquire the landownership rights of another through adverse possession is a fundamental part of... |
2023 |
| Makenzie Stuard |
PROPERTY TAXIDERMY: HOW PROPERTY TAX LENDERS DO FALL UNDER THE TRUTH IN LENDING ACT (TILA), AND HOW, TO HOLD OTHERWISE ALLOWS THE INDUSTRY TO PREY ON AND MAINTAIN COMMUNITIES OF COLOR |
29 Texas Hispanic Journal of Law and Policy 1 (Spring, 2023) |
Apex predators shape and influence the ecosystem in which they live. They are built to serve their own interests. As observers, we study their habitats and lifestyles with wonder, but in that observation, we also see the destruction they can wreak havoc when unrestrained. In the natural environment, apex predators are incentivized to hunt animals... |
2023 |
| Stephen R. Munzer |
PROPERTY THEORY AND CONTEMPORARY MARXISM |
32 Southern California Interdisciplinary Law Journal 277 (Winter, 2023) |
Michael Hardt and Antonio Negri, notable Marxist political theorists, advance a theory that moves well beyond both capitalist property and socialist property. Their theory proposes an arrangement, called the common, that so maximizes sharing as to be almost a nonproperty system. From these dizzying heights, Hardt and Negri show unexpected interest... |
2023 |
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PROPERTY--REPARATIONS VIA REMEDIAL INTERVENTIONS-- SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS DESCENDANT LACKS PROPERTY RIGHTS IN IMAGES OF ENSLAVED ANCESTORS.--LANIER v. PRESIDENT & FELLOWS OF HARVARD COLLEGE, 191 N.E.3D 1063 (MASS. 2022) (IMAGES OF E |
136 Harvard Law Review 2192 (June, 2023) |
Lawsuits seeking compensation for injuries stemming from the institution of American chattel slavery face an uphill battle. From the absence of congressionally authorized remedies to procedural bars on common law claims, prospective plaintiffs must confront a system ill-suited to provide redress for the legacy of slavery. Recently, in Lanier v.... |
2023 |
| Adam Cowing |
RACE AND (DE)VALUATION IN HOUSING MARKETS |
31 Journal of Affordable Housing & Community Development Law 305 (2023) |
Race Brokers: Housing Markets and Segregation in 21st Century Urban America Elizabeth Korver-Glenn Oxford University Press (2021) 240 pages; $99.00 (cloth); $27.95 (paper); $9.99 (ebook) As rising housing costs demand national attention, there is growing momentum to liberalize land use policies to improve affordability and remedy past exclusion.... |
2023 |
| Charles S. Bullock, III , Charles M. Lamb , Eric M. Wilk |
RACE, ETHNICITY, AND FAIR HOUSING ENFORCEMENT: A REGIONAL ANALYSIS |
37 BYU Journal of Public Law 187 (2023) |
This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and... |
2023 |
| John Byrnes |
RACIAL DISCRIMINATION, HOME APPRAISALS, AND THE FAIR HOUSING ACT: REGULATING PRIVATE APPRAISERS TO REDUCE THE RACIAL WEALTH GAP |
20 Rutgers Journal of Law & Public Policy 45 (Spring, 2023) |
This paper highlights the prevalence of racial discrimination in the home appraisal market through critical race theory (CRT) techniques and theory. When a home's value can be reduced by almost twenty-five percent simply because of the perceived race of its owners or of the neighborhood, Black families find themselves at a disadvantage as they try... |
2023 |
| Phyllis C. Taite |
REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY |
10 Belmont Law Review 301 (Spring, 2023) |
Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... |
2023 |
| Peter K. Yu |
RETHINKING EDUCATION THEFT THROUGH THE LENS OF INTELLECTUAL PROPERTY AND HUMAN RIGHTS |
123 Columbia Law Review 1449 (June, 2023) |
This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of education theft through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by... |
2023 |
| Armen H. Merjian |
SECOND-GENERATION SOURCE OF INCOME HOUSING DISCRIMINATION |
2023 Utah Law Review 963 (2023) |
[S]econd-generation barriers . have emerged in the covered jurisdictions as attempted substitutes for the first-generation barriers that originally triggered preclearance in those jurisdictions. Justice Ruth Bader Ginsburg As source of income protections increase, landlords are more likely to rely on other measures such as credit scores to... |
2023 |
| Tyler Ritchie |
SHORT OF A FULL HOUSE: THE INCREASING LENGTH OF VACANCIES IN THE U.S. HOUSE OF REPRESENTATIVES, 1997-2021 |
56 Columbia Journal of Law and Social Problems 397 (Spring, 2023) |
Members of the U.S. House of Representatives provide the most immediate and localized connection between their constituents and the federal government. When those positions are left vacant for extended periods of time, Americans are deprived of an agent to advocate for their interests at the national level. Article I of the Constitution gives state... |
2023 |
| Lynda Wray Black |
SPECIALTY: HOW PETS UNLEASHED A NEW CLASSIFICATION OF PROPERTY |
58 Gonzaga Law Review 165 (2022/2023) |
Property is an evolving construct awarding power over resources and allocating nuanced individual rights among competing claimants. Notwithstanding the multiple lenses through which the law of property can be viewed, some core principles reign consistent. In the United States, property law remains divided into two broad categories, namely, real... |
2023 |