| Author | Title | Citation | Summary | Year |
| John R. Nolon |
PANDEMICS AND HOUSING INSECURITY: A BLUEPRINT FOR LAND USE LAW REFORM |
46 Vermont Law Review 422 (Spring, 2022) |
Introduction: Four Pandemics and Housing Insecurity. 423 I. Housing Insecurity and Social Determinants of Health. 426 II. Traditional Affordable Housing. 430 A. Mandatory Affordable Housing. 431 B. Incentives for Affordable Housing. 433 C. Off-Site and Buy-Out Options. 434 III. Other Affordable Housing Strategies. 435 A. Flexible Large-Scale... |
2022 |
| Pono Arias |
PART OF THE SOLUTION: ADDRESSING HONOLULU'S HOUSING CRISIS THROUGH INCLUSIONARY HOUSING LEGISLATION |
24 Asian-Pacific Law and Policy Journal 73 (Fall, 2022) |
I. Introduction. 73 II. Overview of Hawai'i history. 74 A. The Mhele and Hawaiian Homes Commission. 75 B. Rising Home Prices and the Cost of Living. 76 III. Inclusionary Housing. 79 A. Inclusionary Housing Overview. 80 B. Framing Inclusionary Housing. 81 C. Inclusionary Housing Programs in the Courts. 84 IV. The City and County of Honolulu's... |
2022 |
| Esther Sullivan |
PERSONAL, NOT REAL: MANUFACTURED HOUSING INSECURITY, REAL PROPERTY, AND THE LAW |
18 Annual Review of Law and Social Science 119 (2022) |
manufactured housing, mobile home, real property, personal property, inequality, insecurity Manufactured homes provide a critical source of affordable housing and are the primary source of low-income homeownership in the United States. Yet manufactured housing (MH) is both socially stigmatized and spatially marginalized, which translates to... |
2022 |
| Ronit Levine-Schnur |
POLITICAL DIVIDE, WEAK PROPERTY RIGHTS, AND INFRASTRUCTURE PROVISION: AN EMPIRICAL EXAMINATION OF TAKINGS DECISIONS IN JERUSALEM |
47 Law and Social Inquiry 821 (August, 2022) |
In this article I use a unique hand-coded dataset of all expropriation exercises in Jerusalem over a twenty-five-year period to test the distribution of the expropriation burden across political communities. I identify the ethnoreligious group to which the impacted landowner belongs and the community that would benefit from the decision. I find... |
2022 |
| National League of Cities |
PRINCIPLES OF HOME RULE FOR THE 21ST CENTURY |
100 North Carolina Law Review 1329 (June, 2022) |
This has been excerpted and adapted from the National League of Cities Principles of Home Rule for the 21st Century report. Read the full report at: https://www.nlc.org/wp-content/uploads/2020/02/Home-Rule-Principles-ReportWEB-2-1.pdf. I. Preamble. 1330 A. Introduction. 1330 B. The Many Paths of Home Rule. 1332 C. The Imperative To Reform Home... |
2022 |
| Paul Butler |
PROGRESSIVE PROSECUTORS ARE NOT TRYING TO DISMANTLE THE MASTER'S HOUSE, AND THE MASTER WOULDN'T LET THEM ANYWAY |
90 Fordham Law Review 1983 (April, 2022) |
[T]he master's tools will never dismantle the master's house. --Audre Lorde Introduction. 1983 I. The Master'S Tools Thesis: How IT Started/Where IT Landed. 1984 II. Lawyering the Master'S House. 1986 III. Progressive Prosecutors. 1988 A. Black Women Progressive Prosecutors. 1994 1. Aramis Ayala. 1995 2. Kim Foxx. 1996 B. Reforming the Master's... |
2022 |
| Carol M. Rose |
PROPERTY LAW AND INEQUALITY: LESSONS FROM RACIALLY RESTRICTIVE COVENANTS |
117 Northwestern University Law Review 225 (2022) |
Abstract--A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted... |
2022 |
| Emily M. Shinn |
PROPERTY RIGHTS AND URBAN FARMING: EXAMINING THE ROLE OF RESTRICTIVE COVENANTS ON URBAN AGRICULTURE DURING TIMES OF NATIONAL FOOD INSECURITY AND CRISIS IN THE UNITED STATES |
96 Tulane Law Review 503 (February, 2022) |
I. Introduction. 504 II. Background of Agricultural Covenants: Keeping Out the Unwanted. 508 III. Implications of Urban Farming in the Modern World. 512 A. Resilience and Adaptation: Urban Agriculture as a Viable Solution During Times of National Emergency. 513 B. Urban Farming at Work: Lessons Learned from the Past and Present. 516 1. Detroit,... |
2022 |
| Amy Liang |
PROPERTY versus ANTIDISCRIMINATION: EXAMINING THE IMPACTS OF CEDAR POINT NURSERY v. HASSID ON THE FAIR HOUSING ACT |
89 University of Chicago Law Review 1793 (November, 2022) |
The Fair Housing Act is a groundbreaking federal law enacted in 1968 during the civil rights movement. Reflecting a policy judgment that the public's interest in eliminating housing discrimination outweighs a prejudicial landlord's property right to exclude, it prohibits landlords from rejecting tenants on a discriminatory basis. However, as the... |
2022 |
| Stephen R. Miller |
PROSPECTS FOR A UNIFIED APPROACH TO HOUSING AFFORDABILITY, HOUSING EQUITY, AND CLIMATE CHANGE |
46 Vermont Law Review 463 (Spring, 2022) |
Introduction. 463 I. Background. 464 II. Activists' Goals and Limitations. 466 III. Developer-Cognizant Solutions. 476 A. Eliminating Single-Family Districts. 476 B. Accessory Dwelling Units. 480 C. Code Reform. 481 D. Subdivisions. 483 E. Greenfield Development. 486 F. Redefining the Development Industry. 487 G. Federal Investment. 488 Conclusion.... |
2022 |
| Akilah M. Browne, A. Mychal Johnson |
PUBLIC LAND FOR PUBLIC GOOD: A CALL FOR A REPARATIVE APPLICATION OF THE PUBLIC TRUST DOCTRINE IN NEW YORK |
30 New York University Environmental Law Journal 303 (2022) |
Introduction. 304 I. The Racially Discriminatory History of American Property Law. 311 II. New York's Interpretation and Application of the Public Trust Doctrine. 313 III. An Expansive and Reparative Application of the Public Trust Doctrine. 317 Conclusion. 322 |
2022 |
| Alida B. Soileau |
QUASI-PROPERTY NO MORE: "HUMAN HERITAGE" AS A NEW LEGAL STATUS FOR THE DEAD |
74 South Carolina Law Review 111 (Autumn, 2022) |
This Article examines the existing American frameworks for the disposition of human remains. Classified as quasi-property, no one can truly have an ownership interest in them. This piece proceeds by highlighting the shortcomings of the quasi-property designation. It asserts that the needs of the living, which generally trump the interests of the... |
2022 |
| Bethany R. Berger |
RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY |
64 Arizona Law Review 619 (Fall, 2022) |
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... |
2022 |
| Daniel B. Rosenbaum |
REFORMING LOCAL PROPERTY FOR AN ERA OF NATIONAL DECLINE |
70 Buffalo Law Review 1115 (May, 2022) |
Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their... |
2022 |
| Erica V. Rodarte Costa |
REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING |
170 University of Pennsylvania Law Review 811 (February, 2022) |
Centuries-old economic and racial injustices have molded our federal housing assistance. From the way we construct public housing--whether it has access to high-quality amenities or is built segregated from opportunities--to the stringent policies that dictate eligibility, the federal government dictates who deserves housing assistance along racial... |
2022 |
| Vickie S. Longosz |
REPOSITIONING OR RECAPITALIZATION OF PUBLIC HOUSING, MIXED-FINANCED HOUSING, AND SECTION 202 ELDERLY HOUSING AND KEEPING IT AFFORDABLE |
31 Journal of Affordable Housing & Community Development Law 95 (2022) |
I. Introduction. 95 II. A Brief History. 97 A. Public Housing. 97 B. Mixed Financed Housing. 99 C. Section 202 Elderly Housing. 100 III. Long-Term Portfolio Issues for Public Housing. 101 A. What Is Repositioning?. 102 B. What Is Recapitalization?. 102 C. The Public Housing Options Today. 102 1. RAD. 102 2. Faircloth to RAD. 104 3. Section 18... |
2022 |
| Taino J. Palermo |
RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE |
27 Roger Williams University Law Review 305 (Spring, 2022) |
There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... |
2022 |
| Elisabeth A. Dannan |
RIGHTS TO REMOVE: CONSTITUTIONAL MUNICIPAL RIGHTS TO REMOVE CONFEDERATE MONUMENTS FROM PUBLIC PROPERTY |
72 Syracuse Law Review 1355 (2022) |
Abstract. 1355 Introduction. 1356 I. History and Jurisprudence of Limited Municipal Rights. 1360 A. Hunter, Trenton, and Williams. 1361 B. Ysursa v. Pocatello Education Association. 1364 II. Municipal First Amendment Claims: Government and Compelled Speech. 1365 A. Government Speech. 1367 B. Compelled Speech. 1372 III. Municipal Equal Protection... |
2022 |
| Elizabeth Foy Gudgel |
SENTENCING AFTER STASH HOUSES: ADDRESSING MANIPULATION OF THE FEDERAL SENTENCING GUIDELINES |
91 Fordham Law Review 207 (October, 2022) |
In the realm of undercover work, law enforcement has broad discretion to define the contours of a criminal offense. Due to quantity-based provisions in the Federal Sentencing Guidelines, federal agents or their informants may coerce an individual into a higher sentencing range by escalating their behavior to align with mandatory minimums or... |
2022 |
| Eric Biber , Giulia Gualco-Nelson , Nicholas Marantz , Moira O'Neill |
SMALL SUBURBS, LARGE LOTS: HOW THE SCALE OF LAND-USE REGULATION AFFECTS HOUSING AFFORDABILITY, EQUITY, AND THE CLIMATE |
2022 Utah Law Review 1 (2022) |
Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating... |
2022 |
| Ryan Cook |
SPLITTING HEIRS: HOW HEIRS' PROPERTY CONTINUES THE LEGACY OF CHALLENGES TO THE ACCUMULATION OF WEALTH FOR BLACK AMERICANS |
32 University of Florida Journal of Law and Public Policy 573 (Summer, 2022) |
What happens to a dream deferred? -Langston Hughes When people die without executing estate planning instruments, their real property is divided to their heirs as tenants in common. Property owned in this arrangement is called heirs' property. The issues associated with heirs' property are compounded when several generations pass without proper... |
2022 |
| Lee Anne Fennell |
STREAMING PROPERTY |
117 Northwestern University Law Review 95 (2022) |
Abstract--People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a... |
2022 |
| Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada |
TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY |
56 Law and Society Review 6 (March, 2022) |
In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... |
2022 |
| Angela R. Riley |
THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW |
121 Michigan Law Review 75 (October, 2022) |
Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... |
2022 |
| Eric Dunn |
THE CASE AGAINST RENTAL APPLICATION FEES |
30 Georgetown Journal on Poverty Law and Policy 21 (Fall, 2022) |
Rental application fees have become exceedingly common throughout the United States rental market, with housing seekers routinely paying anywhere from $30 to over $50 per adult just to apply for admission. These fees are typically justified as compensation for a landlord's costs in conducting background screening on applicants--though certain... |
2022 |
| Jennifer Wriggins |
THE COLOR OF PROPERTY AND AUTO INSURANCE: TIME FOR CHANGE |
49 Florida State University Law Review 203 (Winter, 2022) |
Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race and racism, including history and current regulation. Two of the most important... |
2022 |
| John G. Sprankling |
THE CONSTITUTIONAL RIGHT TO "ESTABLISH A HOME" |
90 George Washington Law Review 632 (June, 2022) |
Everyone needs a home. But exclusionary zoning ordinances in many communities prevent low-income and moderate-income families from securing affordable homes, disproportionately harming people of color. Because these ordinances satisfy the rational basis test, they have been immune from substantive due process attack. This Article provides a new... |
2022 |
| Noah M. Kazis |
THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS |
121 Michigan Law Review 221 (November, 2022) |
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?... |
2022 |
| Kylene B. Hernandez |
THE FAIR HOUSING PROBLEM WITH ACCESSORY DWELLING UNITS IN CALIFORNIA |
25 Chapman Law Review 415 (Spring, 2022) |
Introduction. 416 I. ADUs: A General Background. 418 II. California's Housing Crisis as it Exists Today. 424 A. Defining the Housing Crisis. 424 B. The Real California Nuisance: Unreasonable Obsession with Single-Family Zoning. 426 C. Who is Impacted? Race as a Proxy for Income. 430 III. Fair Housing Laws: Where do ADUs Fit in?. 433 A. The FHA:... |
2022 |
| Sarah Moore Johnson , Raymond C. Odom |
THE FORGOTTEN 40 ACRES: HOW REAL PROPERTY, PROBATE & TAX LAWS CONTRIBUTED TO THE RACIAL WEALTH GAP AND HOW TAX POLICY COULD REPAIR IT |
57 Real Property, Trust and Estate Law Journal 1 (Spring, 2022) |
Authors' Synopsis: American racial history has been intertwined with land and wealth since the dawn of our nation. Slavery and the country's continued policies of institutionalized racism have resulted in a median ten-to-one wealth disparity between White and Black Americans. Throughout history, reparations have been a recognized method for... |
2022 |