| Author | Title | Citation | Summary | Year |
| Brittany L. Deitch |
ESTATE TO STATE: PAY-TO-STAY STATUTES AND THE PROBLEMATIC SEIZURE OF INHERITED PROPERTY |
95 University of Colorado Law Review 839 (2024) |
Pay-to-stay statutes allow states to recover their incarceration-related expenditures from those who are currently or have formerly been incarcerated. Mass incarceration is expensive, and states have aimed to shift this financial burden from their taxpayers and government coffers to the individuals who experience incarceration. Although pay-to-stay... |
2024 |
| Derek E. Bambauer |
EVERYTHING YOU WANT: THE PARADOX OF CUSTOMIZED INTELLECTUAL PROPERTY REGIMES |
39 Berkeley Technology Law Journal 205 (2024) |
Special interest groups share a dream: enacting legislation customized for, and hopefully drafted by, their industry. Customized rules created via legislative capture, though, are the worst-case scenario from a public choice perspective: they enable narrow interests to capture rents without generating sufficient societal benefits. American... |
2024 |
| McLean Waters |
FAIR ADMISSIONS, FAIR DECISIONS, AND FAIR OUTCOMES: AN ANALYSIS OF ALGORITHMIC BIAS IN EDUCATION, EMPLOYMENT, HEALTHCARE, AND HOUSING |
25 North Carolina Journal of Law & Technology 657 (May, 2024) |
Artificial Intelligence (AI) has surged in popularity over recent years, especially in its accessibility to the public. Increased productivity and the automation of simple tasks has clearly displayed the benefits of AI in everyday life. However, AI has several drawbacks. Since AI algorithms are written by humans, they are influenced by the... |
2024 |
| Savannah S. Johnson , Walter T. Champion |
FORE! LEGAL BATTLES OVER OUT-OF-BOUNDS GOLF BALLS: SEARCHING FOR THE APPROPRIATE CAUSE OF ACTION FOR PROPERTY DAMAGE |
64 South Texas Law Review 37 (Fall, 2024) |
I. Introduction. 38 II. Theories of Recovery. 40 III. Trespass. 40 A. New York. 41 B. Massachusetts. 42 1. Fenton v. Quaboag Country Club, Inc.. 43 2. Amaral v. Cuppels. 43 C. Texas. 46 IV. Nuisance. 47 A. California. 48 B. Florida. 50... |
2024 |
| Mitch , Tessa Henson |
FROM HABITABILITY TO EQUAL OPPORTUNITY: NAVIGATING THE CROSSROADS TO HOUSING THAT IS BOTH FAIR AND HABITABLE |
58 UIC Law Review 69 (Fall, 2024) |
Fair housing is an inherently intersectional issue. Housing that is equally accessible to members of any protected status means little if that housing is uninhabitable. Housing laws, however, have generally failed to effectuate equal access to habitable housing. Part of this systemic failure can be attributed to the long-standing doctrine of caveat... |
2024 |
| Vicenç Feliú |
FROM THE FOX TO ONLYFANS: THE CHANGING LANDSCAPE OF PROPERTY LAW |
48 Nova Law Review 281 (Winter, 2024) |
I. Introduction 282 II. Roman Law and Early Foundations 285 III. Feudalism and Emergence of Common Law 286 A. Transition from Roman Law to Feudalism 286 B. Development of English Common Law and Its Impact on Property Rights 288 C. Key Common Law Cases 290 1. Pierson v. Post (1805) 290 2. Johnson v. M'Intosh (1823) 291 IV. The American Revolution... |
2024 |
| Sara Sternberg Greene , Barbara Kiviat , Hesu Yoon |
GETTING TO HOME: UNDERSTANDING THE COLLATERAL CONSEQUENCES OF NEGATIVE RECORDS IN THE RENTAL HOUSING MARKET |
74 Duke Law Journal 269 (November, 2024) |
The United States faces a rental housing crisis marked by a scarcity of housing supply, leading to intense competition among prospective tenants. This crisis is a particular challenge for the more than one hundred million U.S. residents burdened with negative records such as criminal records, debts in collections, and evictions. Landlords have more... |
2024 |
| Armen H. Merjian |
HOUSING DISCRIMINATION IS AS DANGEROUS AS DEFECTIVE STAIRS: THE NONDELEGABLE DUTY TO OBEY STATE AND LOCAL HOUSING DISCRIMINATION LAWS |
85 Ohio State Law Journal 145 (2024) |
There are no clearly defined criteria for identifying duties that are nondelegable. Indeed, whether a particular duty is properly categorized as nondelegable necessarily entails a sui generis inquiry, since the conclusion ultimately rests on policy considerations. Kleeman v. Rheingold, 614 N.E.2d 712, 715 (N.Y. 1993). Inevitably it becomes a... |
2024 |
| Brian M. Miller |
HOUSING GRIDLOCK |
97 Southern California Law Review 1233 (June, 2024) |
The housing crisis dominates much of political and economic life, and it is driven in large part by a lack of housing supply. Recognizing this, many commentators have called for the end of single-family zoning. And some jurisdictions have answered the call. But even if that groundswell grows, the housing shortage likely will persist. One... |
2024 |
| Emily A. Benfer |
HOUSING IS HEALTH: PRIORITIZING HEALTH JUSTICE AND EQUITY IN THE U.S. EVICTION SYSTEM |
22 Yale Journal of Health Policy, Law & Ethics 49 (Winter, 2024) |
The public health field has long recognized the association between housing and health. In one of the most poignant examples of housing as a social determinant of health, the COVID-19 pandemic amplified the link between an individual's housing instability and community-wide health. Housing is health became the justification for halting the... |
2024 |
| Sean Ahern |
HOW BAD IS BAD ENOUGH? GATEKEEPING A TENANT'S RIGHT TO 100% HABITABLE HOUSING |
69 Wayne Law Review 681 (Spring, 2024) |
Abstract. 681 I. Introduction. 683 II. Purposes. 688 III. The Background: The Warranty of Habitability, Rent Withholding Law, and the Housing Code in Massachusetts and Other Jurisdictions with Progressive Housing Policies. 693 IV. The Problem: The Substantiality Standard Makes the Court the Gatekeeper of Whether Defects Are Bad Enough. 697 A.... |
2024 |
| J. Meadows Welch |
INADEQUATE CHOICE IN SCHOOL CHOICE: AN ANALYSIS OF SOUTH CAROLINA'S HOUSE BILL 3843 AND THE IMPLICATIONS FOR PUBLIC SCHOOL STUDENTS AND RURAL SCHOOLS |
75 South Carolina Law Review 813 (Spring, 2024) |
I. Introduction. 813 II. Background. 815 III. Theoretical Positives. 819 A. Expanded Opportunity and Student Achievement. 819 B. Capacity Standards. 823 IV. Inadequacies of House Bill 3843. 824 A. Transportation Barriers. 824 1. Socioeconomic Status and Race. 824 2. Rural Schools. 827 3. Absenteeism, Tardiness, and Turnover. 828 B. Funding... |
2024 |
| David Orozco , Florida State University College of Business, Tallahassee, Florida, USA |
INNOVATION STAKEHOLDERS: DEVELOPING A SUSTAINABLE PARADIGM TO INTEGRATE INTELLECTUAL PROPERTY AND CORPORATE SOCIAL RESPONSIBILITY |
61 American Business Law Journal 211 (Fall, 2024) |
Innovation is usually framed in terms of expanding the knowledge frontier or the commercialization of new ideas. However, it is much more than that. Innovation is also about providing greater well-being for society and the various stakeholders that support a firm's efforts to innovate. This article examines the paradoxical status of innovation and... |
2024 |
| Aishatu Eleojo Adaji , Lukman Adebisi Abdulrauf |
INTELLECTUAL PROPERTY ISSUES FOR OPEN SCIENCE PRACTICES IN GENOMIC-RELATED HEALTH RESEARCH AND INNOVATION IN AFRICA |
11 Journal of Law & the Biosciences 1 (July-December, 2024) |
This paper considers the applicability and implications of intellectual property rights (IPRs) for open science practices in the context of genomic-related health research and innovation in Africa. The first part provides a brief background of the gaps in genomics and health research in Africa, highlighting the possible role of open science in... |
2024 |
| N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy |
INTELLECTUAL PROPERTY, GENETIC RESOURCES, AND ASSOCIATED TRADITIONAL KNOWLEDGE |
54 Environmental Law Reporter (ELI) 10829 (October, 2024) |
The relationship between the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) regime under the World Trade Organization (WTO) is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled... |
2024 |
| Lachlan Loudon |
IS 'AINA STILL SACRED? HOW HAWAII'S UNIQUE ENVIRONMENT CREATES CONTROVERSIES IN PROPERTY OWNERSHIP IN THE AFTERMATH OF DISASTER |
12 Joule: Duquesne Energy & Environmental Law Journal 34 (Spring, 2024) |
In August 2023, wildfires ravaged neighborhoods throughout Maui, Hawaii, resulting in hundreds of individuals dead or missing. The tragic blazes not only left survivors without homes but also put their scorched land on the auction block for prospective, wealthy buyers looking for a beachside plot of land to develop. Due to homeowners being... |
2024 |
| Tabrez Y. Ebrahim |
ISLAMIC INTELLECTUAL PROPERTY |
54 Seton Hall Law Review 991 (2024) |
While intellectual property (IP) law is an established legal framework present in the United States (US) and many Western countries, its contributions in balancing among competing policies often fall short of expectations. Islamic law provides an alternative legal framework to promote balance among private property rights to recognize creative and... |
2024 |
| Eric Biber, Christopher Elmendorf, Nicholas Marantz, Moira O'Neill |
JUST LOOK AT THE MAP: BOUNDING ENVIRONMENTAL REVIEW OF HOUSING DEVELOPMENT IN CALIFORNIA |
54 Environmental Law 221 (Winter, 2024) |
California faces a dire housing crisis. California's land-use regulatory system remains a key driver of this crisis. State law grants local governments broad power to craft their own regulations on how to review and approve housing development. Though state law may limit a locality's ability to outright deny some types of housing development, local... |
2024 |
| |
KEEPING CURRENT--PROPERTY |
38-JUN Probate and Property 18 (May/June, 2024) |
COMMON INTEREST COMMUNITIES: Homeowner's view of lake is not protected by covenants. A homeowners' association approved plans for the Hamptons to build an RV garage on their property notwithstanding the objection of their neighbor, Pietrowski, who claimed that the garage would block her view of Lake Mead. Pietrowski sued, alleging that the... |
2024 |
| April Simpson |
LAW HELPS VULNERABLE HEIRS' PROPERTY OWNERS--BUT ONLY IF THEY CAN AFFORD TO USE IT |
30 Dispute Resolution Magazine 17 (April, 2024) |
Heirs' property is family owned land that is jointly owned by descendants of a deceased person whose estate did not clear probate. The descendants, or heirs, have the right to use the property, but they do not have a clear or marketable title to the property since the estate issues remain unresolved, according to the federal government. The... |
2024 |
| Christopher S. Elmendorf |
LAWYERING CITIES INTO HOUSING SHORTAGES: THE CURIOUS CASE OF DISCRETIONARY REVIEW UNDER THE SAN FRANCISCO CITY CHARTER |
32 New York University Environmental Law Journal 291 (2024) |
This Article investigates a curiosity of local land-use procedure in one of the most expensive, supply-constrained housing markets in the nation. Conventional wisdom has it that San Francisco's city charter renders all permits subject to Discretionary Review (DR) by the Planning Commission or Board of Appeals. A permit undergoing this form of... |
2024 |
| Neil Steinkamp |
MAXIMIZING HOUSING STABILITY AND MINIMIZING EVICTIONS: EVIDENCE-BASED MODELS THAT KEEP TENANTS IN THEIR HOMES AND OUT OF THE COURTS |
51 Fordham Urban Law Journal 1385 (September, 2024) |
Introduction. 1387 I. Primer on the Landlord Business Model. 1392 II. Range of Circumstances. 1394 A. The Costs of Eviction. 1397 1. Costs of Eviction for RPOs. 1397 2. Costs of Evictions for Tenants. 1398 3. Cost of Evictions to the Courts. 1400 4. Costs of Evictions to Municipalities. 1401 B. Rental Housing Instability--Data That Can Inform... |
2024 |
| Erin Fullerton |
MISUNDERSTANDING CRIMINAL RECIDIVISM: DCHA'S PUBLIC HOUSING POLICIES ON SEX OFFENDERS AND SUBSTANCE ABUSE DO NOT FOSTER SAFER COMMUNITIES |
31 Georgetown Journal on Poverty Law and Policy 465 (Spring, 2024) |
Experts on criminal recidivism are in consensus that housing instability is a risk factor for reoffending. Academic studies and common sense find that justice-involved individuals are more likely to suffer from financial stressors that would allow them to qualify for and need public housing assistance. To curb the cyclical nature of recidivism and... |
2024 |
| Tolly Maloney |
MORE HARM THAN GOOD: HOW STATE-SPONSORED GENTRIFICATION IS DRIVING THE AFFORDABLE HOUSING CRISIS, AND A CALL FOR ACCOUNTABILITY AND SOURCE-OF-INCOME PROTECTIONS |
30 Washington and Lee Journal of Civil Rights and Social Justice 289 (Spring, 2024) |
The affordable housing crisis in the United States stands at the center of conversations surrounding economic, social, and political reform. The inability of millions of Americans to afford a safe place to live is the result of decades of legislation aimed at fiscally benefitting the individuals developing and managing properties labeled... |
2024 |
| Sasha Leonhardt, Christine M. Acree |
MORTGAGE REGULATION DEVELOPMENTS: PROPERTY VALUATION, AI AND MARKETING, AND PACE ASSESSMENTS |
79 Business Lawyer 515 (Spring, 2024) |
Over the past year, the Consumer Financial Protection Bureau (CFPB) and other federal financial regulators have issued rules and guidance that will affect a number of aspects of the mortgage industry. This year's survey builds on last year's survey by cataloging some of the recent developments from the interagency Property Appraisal and Valuation... |
2024 |
| Otava Piha |
MY BODY IS MY TEMPLE? COMPARING SEXUAL CRIMES AND PROPERTY CRIMES IN A HUMAN RIGHTS TRADITION |
25 German Law Journal 1 (February, 2024) |
(Received 13 January 2023; accepted 10 May 2023; first published online 15 January 2024) Despite recent criminal law reforms to define rape through the lack of consent, practical questions remain about how to regulate different kinds of violations of sexual autonomy. Many common law scholars have found it eye-opening how much more extensive and... |
2024 |
| Brendan Williams |
NEVER ENOUGH: THE PILING ON OF NURSING HOME REGULATIONS |
45 University of La Verne Law Review 1 (Fall, 2024) |
Introduction. 1 Nursing Home Regulatory Efforts Preceding the Biden Administration. 4 The Biden Staffing Mandate Proposal. 12 The Nursing Home Blame Game. 21 Conclusion. 29 |
2024 |
| Andrew Darcy |
NEW YORK CITY'S PUBLIC HOUSING PRESERVATION TRUST: THE CASE FOR CAUTIOUS OPTIMISM, NECESSITY, AND RACIAL JUSTICE |
51 Fordham Urban Law Journal 745 (March, 2024) |
Introduction. 746 I. NYCHA's Role in Stabilizing New York City and Its Own Instability. 751 II. The Implications for Racial Justice and Fair Housing Obligations. 759 A. Race and Public Housing. 759 B. Place-Based Strategies to Affirmatively Furthering Fair Housing. 761 III. NYCHA's Preservation Efforts. 765 IV. Trust the Trust?. 770 A. Logistics... |
2024 |
| Juliet Hayden |
ONE PIECE OF THE PUZZLE: THE ROLE OF TAX STRATEGIES IN ADDRESSING OREGON'S HOUSING CRISIS |
102 Oregon Law Review 547 (2024) |
Introduction. 548 I. The Affordable Housing Crisis. 549 A. National Scale. 549 B. Current State of Crisis in Oregon. 552 1. Wildfires in Oregon Displace Thousands. 553 2. Land Use Regulations Limit Oregon's Urban Growth. 554 3. Anti-Affordable Housing Attitudes. 555 II. Tax Incentives Addressing the Housing Crisis. 556 A. Overview. 556 B. The... |
2024 |
| Lorna Fox O'Mahony , Marc L. Roark |
OPERATIONALISING PROGRESSIVE IDEAS ABOUT PROPERTY: RESILIENT PROPERTY, SCALE, AND SYSTEMIC COMPROMISE |
10 Texas A&M Journal of Property Law 38 (3/23/2024) |
Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced Progressive Property theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property... |
2024 |
| Jim Harper |
PERSONAL INFORMATION IS PROPERTY |
73 University of Kansas Law Review 113 (November, 2024) |
Over the recent half-decade of privacy concern, the dominant intellectual and scholarly approach to privacy in the United States has been in the civil law tradition, assuming that statute law and administrative regulation would provide the rules. When legal thinkers of an economic bent pondered propertizing information at the dawn of the... |
2024 |
| Lukas Schnepel |
PLANT INTELLECTUAL PROPERTY: A COMPARATIVE ANALYSIS OF AMERICAN, EUROPEAN, AND INDIAN LAW WITH A FOCUS ON ECONOMIC DEVELOPMENT IN THE 21 CENTURY |
33 Transnational Law & Contemporary Problems 316 (Spring, 2024) |
This paper is about the relationship between the intellectual property (IP) law of plants, plant innovation, and contemporary economic development. Its thesis is that plant innovation impacts economic development, and that plant IP law can be reformed to drive economic development in ways that are more tailored to 21 century concerns.... |
2024 |
| Troy A. Rule |
PRESERVING SACRED SITES AND PROPERTY LAW |
2024 Wisconsin Law Review 129 (2024) |
Should courts have the power to order the federal government to give land rights to particular groups based solely on their religious beliefs? Calls for legal rules requiring such effectual transfers have grown in recent years as Americans have started to confront the country's history of mistreatment of Native nations and other disadvantaged... |
2024 |
| K-Sue Park |
PROPERTY AND SOVEREIGNTY IN AMERICA: A HISTORY OF TITLE REGISTRIES & JURISDICTIONAL POWER |
133 Yale Law Journal 1487 (March, 2024) |
This Article tells an untold history of the American title registry, a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on the registry's role in catalyzing property markets, while mostly overlooking... |
2024 |
| Matthew S. Erie |
PROPERTY AS NATIONAL SECURITY |
2024 Wisconsin Law Review 255 (2024) |
Two historically disparate fields of law--property and national security-- are colliding through the hyper-activity of state governments. Against the backdrop of the U.S.-China trade/tech war, state governors and legislatures are competing with each other in introducing bills to sever all ties with China, stunt the growth of Sinocentric supply... |
2024 |
| Katrina M. Wyman |
PROPERTY LAW AND PROPERTY THEORY REVIEW OF YUN-CHIEN CHANG, PROPERTY LAW: COMPARATIVE, EMPIRICAL, AND ECONOMIC ANALYSES (CAMBRIDGE U. PRESS. 2023) |
33 Cornell Journal of Law & Public Policy 449 (Spring, 2024) |
Property Law: Comparative, Empirical, and Economic Analyses (Property Law ) brings together and extends an important body of research that stretches the boundaries of property law scholarship geographically and methodologically. In a major achievement, over the past decade or so, Professor Yun-chien Chang has collected, coded, and analyzed an... |
2024 |
| Robin Bartram |
PROPERTY MARKERS AND THE HASSLE OF LENIENCY: BUILDING CODE ENFORCEMENT IN THE COURTROOM |
49 Law and Social Inquiry 1572 (August, 2024) |
Unlike other housing courts, Chicago's building court is characterized by leniency. The mostly low-income property owners who appear in building court often receive extensions to remedy building code violations or even dismissals of their violations. This article shows that, paradoxically, the consequences of these lenient outcomes are punitive for... |
2024 |
| Allison Harris, Esq. , Margaret Henn, Esq. |
PROPERTY TAX COLLECTION IN BALTIMORE: FOSTERING WEALTH DISPARITY |
5 Maryland Bar Journal 88 (Spring, 2024) |
PROPERTY TAXES PLAY a critical role in any community: they fund schools, infrastructure, and countless other important municipal functions. On the surface, it appears that property taxes apply and operate neutrally across the population of homeowners, without regard to race or class. However, a deeper look at the impact of the system by which... |
2024 |
| Jessie Allen |
PROPERTY'S MORE-THAN-HUMAN PERSONHOOD |
62 Houston Law Review 1 (Fall, 2024) |
It was international news when New Zealand's Parliament, in a 2017 settlement of Mori land claims, declared that the Whanganui River is a legal person and has all the rights, powers, duties, and liabilities of a legal person. Such grants of nonhuman personhood seem peculiar. They contradict a conventional understanding that Western legal... |
2024 |
| Steven M. Fasciale |
PROTESTING NEAR JUDGES' HOMES: AN EXPLORATION OF JUDICIAL INDEPENDENCE AND FREE SPEECH IN LIGHT OF 18 U.S.C. § 1507 |
54 Seton Hall Law Review 1191 (2024) |
This Comment is best framed by a deeply profound story about two individuals sort of lost to history. Sergeant Isaac Woodard Jr., the first individual, was one of nearly nine hundred thousand African Americans who served in the army during World War II. He served an arduous three-year tour in which he earned a battle star and attained various... |
2024 |
| Henry Korman |
RACE, HOMEOWNERSHIP, SPECIAL PURPOSE CREDIT PROGRAMS, AND AFFIRMATIVELY FURTHERING FAIR HOUSING |
32 Journal of Affordable Housing & Community Development Law 349 (2024) |
C1-3Table of Contents A. Introduction. 349 B. Homes for Equity. 352 C. Homeownership and Restorative Racial Justice. 356 D. Special Purpose Credit Programs. 360 E. Reverse Discrimination, and Affirmative Action. 363 F. How the SPCP Written Plan Aligns with Civil Rights. 365 1. The Compelling or Substantial Interest. 366 2. Narrow Tailoring. 368 G.... |
2024 |
| Jessica A. Shoemaker |
RE-PLACING PROPERTY |
91 University of Chicago Law Review 811 (April, 2024) |
This Article analyzes the complex relationship between property and placemaking. Our most basic property and land tenure choices--including the design of the fee simple itself--shape people-place relations in powerful ways. By unearthing this important relationship between property and placemaking, this Article also reveals how pervasive--but... |
2024 |
| Antonio M. Coronado , Rachel Crisler , Cayley Balser , Stacy Rupprecht Jane |
RE-REGULATING JUSTICE: REALIZING HOUSING STABILITY THROUGH COMMUNITY LEGAL ADVOCACY |
32 Journal of Affordable Housing & Community Development Law 393 (2024) |
C1-3Table of Contents L1-2Introduction . L3393 I. Centering the Potential of Community Legal Power. 395 A. i4J's Service Impact Area. 396 B. i4J's Prior Research into Action. 397 II. The Broken Alarm on Housing Instability. 399 III. Unlocking the Potential of UPL Reform for Housing Justice. 408 A. UPL as a Barrier to Housing Stability. 409 B.... |
2024 |
| Marc L. Roark , Lorna Fox O'Mahony |
RESILIENT CITIES AND THE HOUSING TRUST |
76 Arkansas Law Review 713 (2024) |
In the 1970's, cities across the United States faced new obstacles due to the deterioration of public infrastructure. Public housing projects that were built through federal housing initiatives were reaching the end of their lives after less than twenty years of being in service. Part of the reason they deteriorated so quickly was that the quality... |
2024 |
| Richard W. Painter |
SCOTUS HOUSE: CAN A SUPREME COURT ETHICS LAWYER AND INSPECTOR GENERAL HELP GET THIS FRATERNITY UNDER CONTROL? |
37 Georgetown Journal of Legal Ethics 347 (Summer, 2024) |
Today, the United States Supreme Court is immersed in an ethics crisis of unprecedented proportions. Public confidence in the Court is at an all-time low and Congress is considering action. The Court is less likely to police itself than it was over fifty years ago when Justice Abraham Fortas resigned over a scandal that was probably less serious... |
2024 |
| Thomas Stanley-Becker |
SEATTLE'S FAIR CHANCE HOUSING LAW: THE NINTH CIRCUIT STRIKES DOWN LIMITS ON TENANT CRIMINAL RECORD SCREENING |
9 University of Pennsylvania Journal of Law & Public Affairs 489 (September, 2024) |
Introduction. 489 I. Legal Challenge to Seattle's Fair Chance Ordinance. 491 A. Procedural History. 491 B. Ninth Circuit Decision. 491 C. Inquiry Provision. 492 D. Adverse Action Provision. 494 E. Case Remanded to the District Court for Determination About Whether Inquiry Provision is Severable. 495 II. The Significance of Yim for the Future of... |
2024 |
| Alison Lintal |
SHARED HOUSING AS A MISSING MIDDLE SOLUTION FOR RURAL COMMUNITIES |
102 Nebraska Law Review 615 (2024) |
There is mounting pressure on municipalities to reform their zoning ordinances to eliminate exclusive single-family zoning. Advocates call for the inclusion of more multi-family housing within what have been exclusively single (white nuclear) family spaces. In particular, there is a need for missing middle housing which is a range of smaller... |
2024 |
| Isabelle M. Thibault |
SPACE MINING: RESTRICTED BY NON-APPROPRIATION; SET FREE BY PRINCIPLES OF PROPERTY |
89 Journal of Air Law and Commerce 161 (Winter, 2024) |
The Outer Space Treaty, the leading source of law for activities in space, has laid out various limitations and regulations regarding actions in space and how space can be used. One of these limitations is commonly referred to as the non-appropriation principle. The non-appropriation principle prohibits nations from making claims of sovereignty... |
2024 |
| Brianne Seaberg |
STATUTES SAVING STATUES: A PROPOSAL TO REFORM U.S. CUSTOMS LAWS TO BETTER PROTECT CULTURAL PROPERTY |
57 Vanderbilt Journal of Transnational Law 955 (May, 2024) |
Antiquity theft occurs all around the world. However, there is no consensus on how to stop it. Do source States strive to crack down on looters? Do States cooperate to stop the transit of antiquities? Or do we ask receiving States to punish the buyers? Given the difficulty of stopping looters and penalizing facilitators, the most effective route... |
2024 |
| Charles S. Bullock, III , Charles M. Lamb |
STRENGTHENING AMERICAN FAIR HOUSING ENFORCEMENT: A PROPOSAL |
28 U.C. Davis Social Justice Law Review 169 (Summer, 2024) |
C1-2Table of Contents Abstract. 171 Introduction. 172 I. Enduring Problems and the Legal Response. 173 II. The Fair Housing Act and Its Enforcement. 175 III. The Amazing Rise and Decline of FHAP Agencies. 180 IV. Why Strengthen Enforcement Using FHAP?. 185 A. Broader Coverage of Protected Groups. 186 B. More Enforcement Tools. 188 C. Stronger... |
2024 |