Sherally Munshi DISPOSSESSION: AN AMERICAN PROPERTY LAW TRADITION 110 Georgetown Law Journal 1021 (May, 2022) Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in shaping... 2022
Nestor M. Davidson , Richard C. Schragger DO LOCAL GOVERNMENTS REALLY HAVE TOO MUCH POWER? UNDERSTANDING THE NATIONAL LEAGUE OF CITIES' PRINCIPLES OF HOME RULE FOR THE 21ST CENTURY 100 North Carolina Law Review 1385 (June, 2022) This Article explains and defends the National League of Cities' Principles of Home Rule for the 21st Century, which the authors participated in drafting. The Principles project both articulates a vision of state-local relations appropriate to an urban age and, as with previous efforts stretching back to the Progressive Era, includes a model... 2022
Andrea Steel, Lila Greiner, Akesha Kirkpatrick DON'T LET THE REEFER BLOW THE ROOF OFF: CHALLENGES AND GUIDANCE SURROUNDING MEDICAL MARIJUANA PATIENTS IN FEDERALLY ASSISTED HOUSING 31 Journal of Affordable Housing & Community Development Law 227 (2022) I. Cannabis Law: Rapidly Changing and Incredibly Complex. 229 A. Federal Laws. 229 B. State Laws. 230 C. Hemp. 230 D. Federal Supremacy. 231 II. Affordable Housing Programs Come in Many Forms. 231 A. Low-Income Housing Tax Credits. 232 B. Section 8 Assistance. 233 C. Public Housing. 234 D. Section 202 Supportive Housing for the Elderly. 236 E.... 2022
Jennifer S. Dempsey EMPLOYMENT & HOUSING PUBLIC SERVICES FORUM 65-JUL Advocate 28 (June/July, 2022) The quality of strength lined with tenderness is an unbeatable combination. --Maya Angelou On October 26, 2021, the Employment and Labor Section of the Idaho State Bar hosted the Employment and Housing Public Service Forum. Economic stressors arising from the pandemic severely impacted Idahoans in need of employment and shelter. The purpose of... 2022
Samantha Ondrade , Trial Attorney, Housing and Civil Enforcement Section, Civil Rights Division ENFORCEMENT OF THE FAIR HOUSING ACT AND EQUAL CREDIT OPPORTUNITY ACT TO COMBAT REDLINING 70 Department of Justice Journal of Federal Law and Practice 247 (January, 2022) This article discusses the Department of Justice's (Department) enforcement of the Fair Housing Act and the Equal Credit Opportunity Act to combat redlining, the practice by which lenders avoid or exclude communities of color from equal access to credit based on the demographic characteristics of their neighborhoods. The Department has long... 2022
Shelby D. Green EQUITABLE, AFFORDABLE AND CLIMATE-COGNIZANT HOUSING CONSTRUCTION 75 Arkansas Law Review 363 (2022) The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and... 2022
Deanna Creighton, M.Ed., M.S.L. ESTABLISHING THE CONNECTION BETWEEN HOUSING STABILITY AND THE RIGHT TO ADEQUATE EDUCATION FOR AT-RISK STUDENTS IN A POST-MARTINEZ/YAZZIE WORLD 403 West's Education Law Reporter 15 (27-Oct-22) At the start of every school year, K-12 students in New Mexico enter the public-school classroom eager to learn and progress academically on their path to success in college, career, and life. Yet educational opportunities and outcomes are not the same for all students. Academic outcomes are often influenced by factors which are beyond the... 2022
LaToya Baldwin Clark FAMILY | HOME | SCHOOL 117 Northwestern University Law Review 1 (2022) Abstract--The state grants residents who live within a school district's border an ownership interest in that district's schools. This interest includes the power to exclude nonresidents. To attend school in a school district, a child must prove that she lives at an in-district address and is a bona fide resident. But in highly-sought-after... 2022
Margaret Moore Jackson FORCED OUT OF ENFORCEMENT: HOW THE "NO FELONS" RULE HAMSTRINGS FAIR HOUSING 91 UMKC Law Review 237 (Winter 2022) Welcome to fair housing tester training. We're so glad you all could be here today. The trainer is relieved to see ten people adjusting their chairs in the sunlit library community room. Enticing volunteers to explore intermittent, stipend-based work that involves talking to strangers is difficult. Training enough racially diverse testers to do... 2022
Jake Zurschmiede HABEAS CORPUS AND COVID-19: IN THE MIDST OF A VIRAL PANDEMIC, CAN THE "GREAT WRIT" PROVIDE HOME SUPERVISION TO AT-RISK PLAINTIFF INMATES? 19 Indiana Health Law Review 249 (2022) The World Health Organization declared the novel SARS-CoV-2 coronavirus (hereinafter COVID-19, COVID, or pandemic) a global pandemic in March 2020. Within the span of one summer, all of the top ten clusters of COVID-19 in the United States were linked to prisons and jails. By October 2020, there were nearly 1,000 COVID-related deaths of... 2022
Heather K. Way, Ruthie Goldstein HEIR PROPERTY OWNERS AND FEDERAL DISASTER AID PROGRAMS: OPPORTUNITIES FOR A MORE EQUITABLE RECOVERY WHEN DISASTER STRIKES 30 Journal of Affordable Housing & Community Development Law 467 (2022) When hurricanes and other natural disasters strike the United States, Black and Latinx communities face a range of systemic inequities, from greater exposure to flooding to heightened barriers to rebuilding. In this latter regard, thousands of Black and Latinx disaster survivors living on inherited property, also known as heir property, have... 2022
Kathryn Ramsey Mason HOUSING INJUSTICE AND THE SUMMARY EVICTION PROCESS: BEYOND LINDSEY v. NORMET 74 Oklahoma Law Review 391 (Spring, 2022) The COVID-19 pandemic has generated an unprecedented level of attention on one of the most pressing civil justice issues of our day: evictions. Each year, millions of Americans are at risk of losing their housing through dispossession and displacement. Despite decades of efforts at all levels of government to improve and increase the supply of safe... 2022
Courtney Lauren Anderson HOUSING INSTABILITY AND COVID-19 18 University of Saint Thomas Law Journal 259 (Spring, 2022) The pandemic's effects on people experiencing homelessness illuminate the need to address the exposure of this community to adverse health outcomes that are exacerbated at disproportionately high levels when external events that negatively impact everyone occur. This article describes the risks of being homeless, and how racial and other... 2022
Norrinda Brown Hayat HOUSING THE DECARCERATED: COVID-19, ABOLITION & THE RIGHT TO HOUSING 110 California Law Review 639 (June, 2022) The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the culture of exclusion that has long pervaded... 2022
Katie Whitley INCREASING ACCESS TO HIGH-QUALITY SCHOOLS IN INDIANAPOLIS THROUGH THE LOW-INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN 55 Indiana Law Review 879 (2022) Countless children in the greater Indianapolis metropolitan area lack access to high-quality public schools due to the median income and racial makeup of their neighborhood. School and residential racial segregation in our country, coupled with inequitable distribution of resources across neighborhoods and schools, creates a system in which... 2022
Arlan D. Lewis IN-HOUSE COUNSEL: YOU'VE FOUND YOUR CONSTRUCTION LAW TRIBE IN THE FORUM! 42-SUM Construction Lawyer 4 (Summer, 2022) Merriam-Webster Dictionary defines a tribe as a group of persons having a common character, occupation, or interest. I don't know that I'd previously thought of the Forum as a tribe, but as I considered the concept more carefully and reflected on my own personal Forum journey, I realized that it is a fitting description. In fact, I've found the... 2022
Austin Weatherly INTELLECTUAL HEIRS PROPERTY: WHY CERTAIN MUSICAL COPYRIGHTS SHOULD BE INCLUDED IN THE HEIRS PROPERTY REFORM MOVEMENT 29 Journal of Intellectual Property Law 418 (Spring, 2022) C1-3Table of Contents I. Introduction. 420 II. Background. 421 A. What are the Problems in the Real Property Context?. 421 B. What is the Uniform Partition of Heirs Property Act?. 422 C. What is an Intellectual Property Estate?. 423 D. The Copyright Act and Inheritance. 424 E. Historical Racial Disparity in Copyright Law. 425 III. Analysis. 426 A.... 2022
Kali Murray INTELLECTUAL PROPERTY LIBERATION: AN ESSAY 18 University of Saint Thomas Law Journal 546 (Fall, 2022) On May 9, 1771, Samuel Sherwin placed an advertisement in the Virginia Gazette. The advertisement sought help in returning: . a mulatto fellow named PETER: he is about 5 feet 6 inches high, well set, and about 25 years old. The said slave run away once before, and was out [about one year], he was brought home the 14th, on which day I branded him S... 2022
M P Ram Mohan , Aditya Gupta INTELLECTUAL PROPERTY LICENSES IN CROSS-BORDER INSOLVENCY: LESSONS FROM IN RE QIMONDA 18 Hastings Business Law Journal 181 (Summer, 2022) Introduced in 2016, the Insolvency and Bankruptcy Code overhauled the Indian insolvency regime. Five years young, the Code is now in the process of adopting the Cross-Border insolvency, which was omitted from its original mandate. In 2018, a legislatively appointed committee suggested that the Code should adopt the UNCITRAL Model Law on Cross... 2022
Fordham Intellectual Property, Media & Entertainment Law Journal IP INTERRUPTED: DIVERSE VOICES IN INTELLECTUAL PROPERTY 32 Fordham Intellectual Property, Media and Entertainment Law Journal 302 (Winter, 2022) Introduction. 303 I. Offline: The Intersection Between Data and Cyber Civil Rights. 303 II. Copycat Culture: The Copying of BIPOC Creations and Fashion Law. 313 III. Keynote Speech: Intellectual Property and Diversity, Equity, and Inclusion. 321 IV. Color of Music: A Discussion on Race, Music, and Intellectual Property Rights. 323 2022
Heather R. Abraham, Jason Knight, Russell Weaver, Christopher Holtkamp JUST A "PLANNING RULE": ENFORCING THE DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING 31 Journal of Affordable Housing & Community Development Law 203 (2022) I. Introduction. 204 II. HUD's Civil War Project. 209 III. A Planning Tool With Some Teeth. 210 IV. A Rational Choice. 212 V. The Path Forward as a Planning Rule. 214 A. Stakeholder Comprehension. 214 B. Enhancing Enforcement. 217 VI. Conclusion. 225 2022
Liam McSweeney JUST HOUSING, ROOTED IN WEST OAKLAND: HOW MOMS4HOUSING CHALLENGED REAL ESTATE SPECULATION AND THE RACIAL HIERARCHY IN OUR PROPERTY LAWS 22 Berkeley Journal of African-American Law & Policy 54 (2022) Land-based real estate speculation drives a national housing crisis that operates on a racially hierarchical conception of private property law and doctrine. Our modern property law system developed from the colonial economy that was built on conquest and white supremacist notions of property rights. This white-supremacist spatial violence... 2022
  KEEPING CURRENT--PROPERTY 36-DEC Probate and Property 16 (November/December, 2022) AUCTIONS: Contract for sale at auction need not contain attorney review provision. Mengxi Liu, an experienced bidder who had purchased six residential properties at auction sales with her husband, attended an auction sale where she made a high bid of $1.1 million. Before the auction, she received a template Contract for Sale of Real Estate and a... 2022
  KEEPING CURRENT--PROPERTY 36-FEB Probate and Property 18 (January/February, 2022) FORECLOSURE: Fannie Mae's nonjudicial foreclosure is not state action. The Federal National Mortgage Association (Fannie Mae) acquired home mortgage loans that were in default and conducted nonjudicial foreclosure sales of the properties under Rhode Island law. The homeowners filed a putative class action suit against Fannie Mae and its... 2022
  KEEPING CURRENT--PROPERTY 36-JUN Probate and Property 17 (May/June, 2022) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. EMINENT DOMAIN: Just compensation clause of state constitution waives sovereign immunity for inverse-condemnation claim that seeks injunctive relief. The government's... 2022
Ric Simmons LANGE, CANIGLIA, AND THE MYTH OF HOME EXCEPTIONALISM 54 Arizona State Law Journal 145 (Spring, 2022) For over a hundred years, the Supreme Court has employed rhetoric in its Fourth Amendment cases that supports the concept of home exceptionalism--that is, the idea that protecting the home is the very core of the Fourth Amendment. Two cases from this year's Supreme Court term, Lange v. California and Caniglia v. Strom, appear at first to... 2022
Daniel G. Orenstein MULTIUNIT HOUSING AND CANNABIS: GOOD LAWS MAKE GOOD NEIGHBORS 49 Fordham Urban Law Journal 475 (March, 2022) Introduction. 475 I. Smoking and Its Public Health Impacts. 480 A. Combustible Tobacco and Cannabis Products. 480 B. Noncombustible, Aerosol-Producing Products. 484 II. Multiunit Housing Context. 487 A. Multiunit Housing and Implications for Equity. 487 B. Law and Policy Context. 491 III. Unique Considerations for Cannabis. 495 A. General... 2022
Joseph Blocher, Mitu Gulati NAVASSA: PROPERTY, SOVEREIGNTY, AND THE LAW OF THE TERRITORIES 131 Yale Law Journal 2390 (June, 2022) The United States acquired its first overseas territory--Navassa Island, near Haiti--by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the... 2022
Shelby Green NON-DEBT AND NON-BANK FINANCING FOR HOME PURCHASE: PROMISES AND RISKS 10 American University Business Law Review 437 (2022) [H]ousing is the dominant source of wealth for most families, just as its twin--mortgage debt--is the chief liability. I. Introduction. 438 II. Risk-Prone Home Purchase and Lending Practices Leading to 2008 Housing Crisis. 444 A. The Housing Markets Before and After the Crisis. 446 B. The Regulators Were Watching God. 449 i. Protections for the... 2022
Brandon M. Weiss OPPORTUNITY ZONES, 1031 EXCHANGES, AND UNIVERSAL HOUSING VOUCHERS 110 California Law Review 179 (February, 2022) The Tax Cuts and Jobs Act of 2017 contained former President Trump's signature economic development initiative: the Opportunity Zone program. Allowing a deferral of capital gains tax for certain qualifying investments in low-income areas, the Opportunity Zone program aims to spur economic development by steering capital into economically distressed... 2022
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