AuthorTitleCitationSummaryYear
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
  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
J. Benjamin Ward STATUS CHECK: SHOULD THE FEDERAL TAX STATUS OF A DISREGARDED DEBTOR BE PROPERTY OF THE ESTATE? 39 Emory Bankruptcy Developments Journal 629 (2023) This Comment focuses on whether the tax status of a debtor constitutes property of the debtor's estate under 11 U.S.C. § 541(a). The answer to this question ultimately determines whether a bankruptcy trustee has the power to avoid a check-the-box tax status change made by the owner of a debtor entity from a pass-through to a separately taxed... 2023
Alex Sernyak STOP SUBSIDIZING THE SUBURBS: PROPERTY TAX REFORM AND ENDING EXCLUSIONARY ZONING 31 New York University Environmental Law Journal 243 (2023) Current residential land use in the United States has been disastrous for the environment. Land use is largely regulated by local zoning laws, and in many states, property taxes are set at a local level as well. The relationship between the two is complex, but put simply, having both policy tools in the hands of local governments creates... 2023
Monika U. Ehrman SUPRANATURAL 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
John Paul A. Galgano TACKLING THE INTANGIBLE: WHY THE SUPREME COURT NEEDS TO DEFINE INTELLECTUAL PROPERTY AND WHAT FACEBOOK STANDS TO LOSE (OR WIN) 37 Notre Dame Journal of Law, Ethics & Public Policy 323 (2023) Clickbait is bad enough without finding your face plastered onto it. Meet and chat with single women near you is unsavory enough to stumble upon online--but imagine you see yourself above just such a headline. Although many of us would feel a sense of extortion upon such a surprise, the vast majority of the population has no claim against the... 2023
Jackson Hughes TAXATION AND TELEHEALTH: WOULD A TELEHEALTH EXCLUSIVE FACILITY OWNED BY A NONPROFIT HOSPITAL BE EXEMPT FROM PROPERTY TAX IN INDIANA? 20 Indiana Health Law Review 385 (2023) Taxation exemption in the United States traces its roots to before the formation of our republic. Organizations which provide charitable relief, such as hospitals, fire departments, and orphanages, were established to address a lack of direct governmental involvement in the societal issues faced by colonists. These organizations were designed to... 2023
Hayden Baird Earl THE "AVAILABILITY OF AFFORDABLE HOUSING" CRISIS: TINY HOMES AND URBAN INFILL 58 Real Property, Trust and Estate Law Journal 105 (Summer, 2023) Author's Synopsis: This Article discusses how assisted dwelling units, or tiny homes, can help to alleviate the United States' affordable housing crisis. Tiny homes can assist in alleviating this problem because they offer residents economic benefits through their affordability and versatility, as well as offering residents social benefits by... 2023
Tanner J. Wadsworth THE ADVANTAGES OF GIVING UP: GREECE AND THE FUTILE QUEST TO FORCE THE PARTHENON MARBLES HOME BY JUDGMENT 29 Columbia Journal of European Law 129 (Spring, 2023) The marble statues that Lord Elgin removed from the Parthenon and sold to the British Museum have been a source of conflict between Greece and the United Kingdom for more than 200 years. Greece has often threatened to litigate over the marbles but has never followed through. Because a loss in court could be devastating to its centuries-long effort... 2023
Emma Ruth White THE ANTICOMMONS INTERSECTION OF HEIRS PROPERTY AND GENTRIFICATION 76 Vanderbilt Law Review 1561 (October, 2023) Throughout history, internal and external pressures on Black landowners have resulted in the fragmentation of ownership through heirs property. This fragmentation is analogous to the erosion of community ties within minoritized neighborhoods susceptible to gentrification. Both contexts contribute directly to involuntary exit and land loss within... 2023
Tom I. Romero, II THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW 94 University of Colorado Law Review 449 (Spring, 2023) I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... 2023
Michelle Y. Ewert THE DANGERS OF FACIAL RECOGNITION TECHNOLOGY IN SUBSIDIZED HOUSING 25 NYU Journal of Legislation and Public Policy 665 (2022-2023) The use of facial recognition technology (FRT) in subsidized housing makes life more difficult for subsidized tenants, who are disproportionately women, seniors, and people of color. Conditioning building access on facial recognition is problematic because flaws in the technology make it hard for systems to recognize people with darker skin, women,... 2023
Noah M. Kazis THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS 31 Journal of Affordable Housing & Community Development Law 427 (2023) This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market?... 2023
Kate Gehling THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES: WHY ONE-TIME LAND-USE DECISIONS CAN STILL ESTABLISH A DISPARATE IMPACT 90 University of Chicago Law Review 1471 (September, 2023) The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant's policy or practice, although facially neutral, nevertheless has discriminatory effects because it... 2023
Gerald S. Dickinson THE FOURTH AMENDMENT'S CONSTITUTIONAL HOME 31 William & Mary Bill of Rights Journal 1063 (May, 2023) The home enjoys omnipresent status in American constitutional law. The Bill of Rights, peculiarly, has served as the central refuge for special protections to the home. This constitutional sanctuary has elicited an intriguing textual and doctrinal puzzle. A distinct thread has emerged that runs through the first five amendments delineating the home... 2023
Christopher Serkin THE FUTURE OF NATURAL PROPERTY LAW: COMMENTS ON ERIC CLAEYS'S NATURAL PROPERTY RIGHTS 9 Texas A&M Journal of Property Law 725 (5/28/2023) Professor Eric Claeys is among the most thoughtful modern proponents of natural property rights. His new book, provided to conference participants in draft form, is typical of his rigorously analytical approach. It is an impressive articulation of a natural rights-based account of property. It significantly advances the debate over natural rights... 2023
Yael R. Lifshitz , Maytal Gilboa , Yotam Kaplan THE FUTURE OF PROPERTY 44 Cardozo Law Review 1443 (April, 2023) Property law focuses predominantly on spatial conflicts of interest between neighbors but neglects temporal conflicts between generations. This lack of attention to the temporal dimension leads to a troubling mismatch in property law: while property rights last forever, the corresponding duties that require property holders to respect the interests... 2023
Brenda D. Gibson THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY 26 CUNY Law Review 172 (Summer, 2023) I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... 2023
Maureen E. Brady THE ILLUSORY PROMISE OF GENERAL PROPERTY LAW 132 Yale Law Journal Forum 1010 (2/28/2023) abstract. Federalized, jurisdictionless property law is ascendant in the Supreme Court's recent majority opinions on the Takings Clause--and in The Fourth Amendment and General Law, Danielle D'Onfro and Daniel Epps tout the benefits of courts developing a national law of property and torts in assessing whether a person has suffered an unlawful... 2023
Adam J. Mikell THE INVISIBLE DANGER IN PLAIN SITE: ENDING THE PRACTICE OF BUILDING HOUSING IN EXPOSURE ZONES 41 Minnesota Journal of Law & Inequality 191 (Summer, 2023) Safe, affordable housing is a basic necessity for every family. Without a decent place to live, people cannot be productive members of society, children cannot learn, and families cannot thrive. Adequate housing, or the lack thereof, affects every person every day. At its core, housing is a fundamental human need with inelastic demand, yet for... 2023
India M. Whaley THE LONG VOYAGE HOME 19 South Carolina Journal of International Law & Business 211 (Spring, 2023) This research paper (Paper) examines the international, constitutional, legal history, and current rights to housing in the United States (U.S.), Jamaica, and South Africa. This Paper addresses the federal and sub-national systems regarding affordable housing initiatives that drive policies associated with poverty and homelessness. Moreover, the... 2023
M.C. Mirow THE MEXICAN CIVIL CODE OF 1928 AND THE SOCIAL FUNCTION OF PROPERTY IN MEXICO AND LATIN AMERICA 37 Emory International Law Review 365 (2023) C1-2Table of Contents I. Introduction. 366 A. Mexico as the Origin of the Social Function of Law in Latin America. 367 B. This Article and its Structure. 369 II. The Social Function of Property: Léon Duguit and Catholic Social Doctrine. 371 A. Léon Duguit. 371 B. Catholic Social Doctrine. 372 III. Mexico, its Civil Code of 1928, and the Social... 2023
Timothy Sandefur THE NATURAL RIGHT OF PROPERTY 9 Texas A&M Journal of Property Law 673 (5/28/2023) This Article offers a critical examination of Eric Claeys's argument for natural property rights, focusing in particular on the questions of self-ownership and the so-called Lockean proviso. It argues that while Claeys is generally on the right track in his argument for natural property rights, he errs in omitting a self-ownership argument, some... 2023
Julia Janewa Osei-Tutu THE NEXT 100 YEARS OF INTERNATIONAL INTELLECTUAL PROPERTY: INTEGRATING HUMAN RIGHTS AND CORPORATE SOCIAL RESPONSIBILITY 41 Cardozo Arts and Entertainment Law Journal 433 (2023) Introduction. 433 The North-South Divide in International IP. 435 Integrating Social Issues: Corporate Social Responsibility, Human Development, and Traditional Knowledge.. 437 Health and Access to Medicines. 437 Cultural Intellectual Property and Traditional Knowledge. 438 Corporate Social Responsibility and Intellectual Property. 440 Socially... 2023
Lucas Clover Alcolea THE PROBLEM OF PROPERTY: LOOKING BACK TO THE 'DARK AGES' TO GET THROUGH THE DARK AGES 16 University of St. Thomas Journal of Law & Public Policy 241 (March, 2023) Covid-19 changed many things, and challenged many of our deepest assumptions, but one thing it did not change is the immense gap between the haves' and the have nots' that exists in the world today. In fact, studies show that the gap between the wealthiest and the poorest members of society has grown even larger as a result of the pandemic. In... 2023
Joseph William Singer THE RIGHT TO HAVE PROPERTY 10 Texas A&M Law Review 713 (Summer, 2023) Laura Underkuffler has kindly commented on my progressive, social-relations approach to property and property law. I feel humbled, honored, and seen. She notices the core moral commitments manifested in that work. She focuses on my scholarship on discrimination in public accommodations, the violent dispossession and persisting sovereignty of Native... 2023
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
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