Author | Title | Citation | Summary | Year |
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 |
Sateesh Nori, Esq. |
THE GROUND BENEATH OUR FEET: BASEMENT APARTMENTS, CLIMATE CHANGE, AND HOUSING INEQUALITY |
30 New York University Environmental Law Journal 325 (2022) |
[They] mistook measurement for understanding. And they always had to put themselves at the center of everything. That was their greatest conceit. The earth is becoming warmer--it must be our fault! The mountain is destroying us-- we have not propitiated the gods! It rains too much, it rains too little--a comfort to think that these things are... |
2022 |
K-Sue Park |
THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD |
131 Yale Law Journal 1062 (February, 2022) |
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... |
2022 |
Allison Anna Tait |
THE HOME OF THE DISPOSSESSED |
28 Michigan Journal of Gender & Law 195 (2022) |
The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them--the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when... |
2022 |
Leyna Brostowski |
THE HOUSING LOOPHOLE: HOUSING DISCRIMINATION'S IMPACT ON LONG ISLAND'S PUBLIC SCHOOL SYSTEM |
50 Hofstra Law Review 657 (Spring, 2022) |
Brown v. Board of Education is a landmark United States Supreme Court case holding that the racial segregation of public schools is unconstitutional. However, over sixty years later, racial segregation in the public school system still exists. The effects of years of deliberate racial segregation, coupled with subtler methods of discrimination, did... |
2022 |
Martha Galvez, Sophie House, Zi Lin Liang |
THE HOUSING SOLUTIONS LAB |
30 Journal of Affordable Housing & Community Development Law 387 (2022) |
The Housing Solutions Lab (the Lab), launched in 2021 at NYU Furman Center for Real Estate and Urban Policy with funding from the Robert Wood Johnson Foundation, works with small and midsize cities to develop, implement, and evaluate effective and equitable housing policies. The Lab is motivated by a current dearth of evidence about the... |
2022 |
Jad G. Elchahal |
THE IOWA GENERAL ASSEMBLY MUST ACT TO PROTECT THE PERSONAL PROPERTY RIGHTS OF TENANTS |
108 Iowa Law Review 409 (November, 2022) |
ABSTRACT: In Iowa, thirty percent of all households rent rather than own. At the termination of a rental agreement, or after abandonment is established, Iowa's current case law gives landlords the power to enter the leased premises and take possession of any remaining personal property without notice to the tenant. In Iowa, residential, commercial,... |
2022 |
Andrea Ballestero |
THE RE-COMBINATORY NATURE OF PROPERTY WITHIN RACIAL REGIMES OF OWNERSHIP |
47 Law and Social Inquiry 1061 (August, 2022) |
Brenna Bhandar. Colonial Lives of Property: Law, Land, and Racial Regimes of Ownership. Durham, NC: Duke University Press, 2018. At a time when enduring and entrenched structures of racial inequality and oppression have become public objects of concern in Euro-America, it is easy to feel as if those historical legacies and structural forces are too... |
2022 |
Scotti Hill |
THE ROUND HOUSE BY LOUISE ERDRICH |
35-AUG Utah Bar Journal 44 (July/August, 2022) |
Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... |
2022 |
Robert W. Gomulkiewicz |
THE SUPREME COURT'S CHIEF JUSTICE OF INTELLECTUAL PROPERTY LAW |
22 Nevada Law Journal 505 (Spring, 2022) |
Justice Clarence Thomas is one of the most recognizable members of the United States Supreme Court. Many people recall his stormy Senate confirmation hearing and notice his fiery dissenting opinions that call on the Court to reflect the original public meaning of the Constitution. Yet observers have missed one of Justice Thomas's most significant... |
2022 |
Jonathan M. Karpoff , University of Washington |
THE TRAGEDY OF "THE TRAGEDY OF THE COMMONS": HARDIN versus THE PROPERTY RIGHTS THEORISTS |
65 Journal of Law & Economics S65 (February, 2022) |
Garrett Hardin's article The Tragedy of the Commons is widely influential but fundamentally incorrect. Hardin characterizes the commons problem as arising from the exercise of free will in a world with limited carrying capacity. Hardin's solutions to this problem emphasize coercive policies, including traditional command-and-control environmental... |
2022 |
Jessica A. Shoemaker |
THE TRUTH ABOUT PROPERTY |
120 Michigan Law Review 1143 (April, 2022) |
Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... |
2022 |
Camille M. Davidson |
TO MY CHILDREN IN EQUAL SHARES: THE FLAW OF ESTATE PLANNING WHEN PROPERTY IS DEVISED TO BENEFICIARIES AS TENANTS IN COMMON |
47 ACTEC Law Journal 187 (Spring/Summer, 2022) |
Mrs. Brenda, a widow, died at the age of 87. Mrs. Brenda and her husband had five children. She was preceded in death by her husband and two of her children. She was survived by three children. One deceased son, Johnny, had three legitimate children and one questionable child and the other deceased child had no children. Shortly after Mrs. Brenda's... |
2022 |
Cory R. Bernard , Anthony Proano |
TOO HOT TO HANDLE: CURBING MOBILE HOME HEAT DEATHS IN A WARMING CLIMATE |
12 Washington Journal of Social & Environmental Justice 1 (January, 2022) |
As global warming intensifies, ensuring that its impacts do not disproportionately burden disadvantaged populations has become a growing policy concern. Within the United States, mobile home residents increasingly face climate injustices but are often overlooked in climate policy discussions. Even after accounting for income and race, mobile home... |
2022 |
Peter K. Yu , Jorge L. Contreras , Yu Yang |
TRANSPLANTING ANTI-SUIT INJUNCTIONS |
71 American University Law Review 1537 (April, 2022) |
When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts... |
2022 |
Thomas C. Berg |
TWO ESSAYS ON INTELLECTUAL PROPERTY AND SOCIAL JUSTICE |
18 University of Saint Thomas Law Journal 525 (Fall, 2022) |
The two faculty-written articles in this issue were presented at St. Thomas in a pair of programs on Intellectual Property and Social Justice in Spring 2021. Intellectual property (IP) laws--copyright, patent, trademark, and similar laws--can have significant effects on social equity for people and groups that are vulnerable or historically... |
2022 |
Marketa Trimble |
UNJUSTLY VILIFIED TRIPS-PLUS?: INTELLECTUAL PROPERTY LAW IN FREE TRADE AGREEMENTS |
71 American University Law Review 1449 (April, 2022) |
Intellectual property (IP) law provisions of free trade agreements (FTAs) have attracted much criticism. Critics have argued that FTA negotiators, succumbing to the lobbying of various stakeholders, have eliminated or significantly limited many of the flexibilities that multilateral treaties had created, forced stronger IP protection onto... |
2022 |
Arielle Aboulafia |
WASHINGTON, D.C.: THE CAPITAL OF FAIR HOUSING ACT VIOLATIONS |
25 Human Rights Brief 93 (Spring, 2022) |
Amid the ongoing COVID-19 pandemic, the United States is battling yet another deadly emergency: a crisis of unhoused people. The rate of unhoused people and homeless individuals in the United States has steadily increased in recent years, affirming that the country is neither properly addressing the causes of this issue nor the needs that stem from... |
2022 |
Tara K. Righetti , Joseph A. Schremmer |
WASTE AND THE GOVERNANCE OF PRIVATE AND PUBLIC PROPERTY |
93 University of Colorado Law Review 609 (Summer, 2022) |
Common law waste doctrine is often overlooked as antiquated and irrelevant. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just a historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of... |
2022 |
Brielle Autumn Brown |
WHERE'S MY BALLOT?: WHY CONGRESS SHOULD AMEND HOUSE BILL H.R.1 TO INCLUDE A NATIONAL MANDATE OF DROP BOXES FOR FEDERAL ELECTIONS TO HELP PROTECT THE BLACK VOTE |
14 Drexel Law Review 405 (2022) |
Casting a ballot should be easy, but voter suppression continues to be an obstacle for many Black voters. The failure during Reconstruction to address Black suffrage, together with the proliferation of Jim Crow laws, enabled states to abridge the right to vote based on race. The Fifteenth Amendment was intended to eliminate racial restrictions at... |
2022 |
Kelli Conway |
WHO'S THE FAIREST OF THEM ALL: CIRCUIT SPLIT OVER LANDLORD LIABILITY FOR TENANT-ON-TENANT DISCRIMINATION UNDER THE FAIR HOUSING ACT |
88 Brooklyn Law Review 423 (Fall, 2022) |
If you were asked to describe the typical American, would racist, sexist, homophobic, or transphobic come to mind? The unfortunate truth is that more Americans than not find these attributes to be prevalent and projected against people in this country. In fact, according to a 2019 study, three-quarters of Black and Asian respondents and... |
2022 |
Alberto Vargas |
WIPO'S PROPOSED TREATMENT OF SACRED TRADITIONAL CULTURAL EXPRESSIONS AS A DISTINCT FORM OF INTELLECTUAL PROPERTY |
23 Chicago Journal of International Law 235 (Summer, 2022) |
For the past twenty years, the United Nations' World Intellectual Property Organization (WIPO) has been working on what could be a major shift in international intellectual property law. WIPO's work has uniquely focused on intellectual property protection for traditional cultural expressions (TCEs), a term which roughly describes a broad... |
2022 |
Taylor N. Haefele |
WISCONSIN'S 2011 ACT 108, LEGISLATIVE INACTION, AND SEVERE RACIAL DISPARITY: A RECIPE FOR A FAIR HOUSING VIOLATION |
23 Marquette Benefits & Social Welfare Law Review 109 (Spring, 2022) |
When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable... |
2022 |
Roopa Bala Singh |
YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 |
99 Denver Law Review 725 (Summer, 2022) |
Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... |
2022 |
Kennedy Moehrs Gardner, Colin Gordon |
ZONED OUT: CREVE COEUR, MALCOLM TERRACE, AND THE STRUGGLE FOR AFFORDABLE HOUSING IN THE ST. LOUIS SUBURBS |
30 Journal of Affordable Housing & Community Development Law 403 (2022) |
I. Introduction. 403 II. Creve Coeur and Malcolm Terrace, 1895-1969. 405 III. Planning for Exclusion, 1969-1975. 418 IV. The Endgame, 1975-1982. 425 V. Conclusion. 432 |
2022 |
Magdalene Zier |
"CHAMPION MAN-HATER OF ALL TIME": FEMINISM, INSANITY, AND PROPERTY RIGHTS IN 1940S AMERICA |
28 Michigan Journal of Gender & Law 75 (2021) |
Legions of law students in property or trusts and estates courses have studied the will dispute, In re Strittmater's Estate. The cases, casebooks, and treatises that cite Strittmater present the 1947 decision from New Jersey's highest court as a model of the insane delusion doctrine. Readers learn that snubbed relatives successfully invalidated... |
2021 |
Tyler C. Dixon III |
"COMPLAINTS" ABOUT EVICTION: CENTRAL HOUSING AND MINNESOTA'S APPROACHES TO RETALIATORY EVICTION PROTECTION |
42 Cardozo Law Review 1039 (June, 2021) |
C1-2Table of Contents Introduction. 1040 I. Background. 1042 A. Facts and Procedure. 1042 B. Holding. 1045 II. Analysis. 1047 A. Retaliatory Eviction: Historical Devlopment and Reform. 1047 B. State of Minnesota Retaliatory Eviction Law. 1055 C. Function of the Common Law Remedy. 1056 1. Scope of the Common Law Remedy. 1057 2. Mechanism of the... |
2021 |
Carlos A. Figueroa |
"OH [YES], SHE BETTA [SHOULD]!": DOLLING UP DRAG QUEENS' INTELLECTUAL PROPERTY RIGHTS |
28 UCLA Entertainment Law Review 127 (2020-2021) |
For centuries, drag performance has persisted as a socially complicated art form inextricably tied to the LGBTQ+ community. Historically, prevailing audiences often labeled the art form and the queer community as unconventional and threatening. As a result, drag art's sudden acceptance by the same mainstream crowd is both satisfying and precarious... |
2021 |
Tiffany Yang |
"SEND FREEDOM HOUSE!": A STUDY IN POLICE ABOLITION |
96 Washington Law Review 1067 (October, 2021) |
Abstract: Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform,... |
2021 |
Elizabeth Harrison |
A BONE OF CONTENTION NO MORE: RECOGNIZING THE UNIQUENESS OF BONE MARROW TO IMPLEMENT A USEABLE PROPERTY FRAMEWORK FOR BONE MARROW'S ULTIMATE COMMODIFICATION |
95 Tulane Law Review 359 (January, 2021) |
I. Introduction. 359 II. Bone Marrow Transplant Mechanics and Property Theories Generally. 362 A. Medical Background of Bone Marrow Transplants. 362 B. Theories of Property Rights in the Human Body. 366 III. Statutory and Case Law Background of Bone Marrow Property Rights. 370 A. Federal Statutes Influencing the Legal Status of Bone Marrow. 370 B.... |
2021 |
Will Breland |
ACRES OF DISTRUST: HEIRS PROPERTY, THE LAW'S ROLE IN SOWING SUSPICION AMONG AMERICANS AND HOW LAWYERS CAN HELP CURB BLACK LAND LOSS |
28 Georgetown Journal on Poverty Law and Policy 377 (Spring, 2021) |
In the last century, Black landownership has declined by roughly 90 percent. One agricultural attorney remarked of the phenomenon, I think the threat to Black-owned land is one of the biggest social issues of our time. The passing observer might hypothesize that the hemorrhaging of Black lands occurred in the distant past because of Jim Crow laws... |
2021 |
Eric Mogilnicki, Graves Lee, Covington & Burling LLP |
ACTING DIRECTOR UEJIO DELIVERS REMARKS REGARDING RACIAL HOME OWNERSHIP GAP AND SPECIAL PURPOSE CREDIT PROGRAMS |
2021-SEP Business Law Today 3 (September, 2021) |
On September 1, 2021, CFPB Acting Director Dave Uejio spoke before the National Fair Housing Alliance's Virtual Forum on Special Purpose Credit Programs. In his remarks, he discussed the racial home ownership gap, the importance of access to home ownership in eliminating these disparities, and the effects of the COVID-19 pandemic in exacerbating... |
2021 |
Kenneth S. Klein |
ASHES TO ASHES: A WAY HOME FOR CLIMATE CHANGE SURVIVORS |
63 Arizona Law Review 679 (Fall, 2021) |
Wow! Yet another big storm heading to Puerto Rico. Will it ever end? -Twitter post of President Donald Trump, August 27, 2019 In 2020, the United States suffered a record number of named storms, a record number of storms causing $1 billion or more in damage, a derecho that destroyed much of Iowa's corn crop, and previously unheard-of levels of... |
2021 |
Stephen R. Miller |
BALTIMORE AND THE LEGAL HISTORY OF HOUSING SEGREGATION |
30 Journal of Affordable Housing & Community Development Law 137 (2021) |
How the Suburbs Were Segregated: Developers and the Business of Exclusionary Housing, 1890-1960 Paige Glotzer Columbia University Press (2020) 320 pages, $30 The Lines Between Us: Two Families and a Quest to Cross Baltimore's Racial Divide Lawrence Lanahan The New Press (2019) 336 pages, $28.99 The Voucher Promise: Section 8 and the Fate of an... |
2021 |
James J. Scherer |
CHANGING THE RULE THAT CHANGES NOTHING: PROTECTING EVICTED TENANTS BY AMENDING CLEVELAND HOUSING COURT RULE 6.13 |
69 Cleveland State Law Review 719 (2021) |
Renting is on the rise, with all households seeing an increase in the prevalence of renting a home versus owning one from 2006 to 2016. As rental rates rise, so too do the rates of eviction. The detrimental effects of eviction are numerous and can be self-reinforcing, with a single eviction decreasing one's chances of securing decent and affordable... |
2021 |
Dario Valles, Columbia University |
CHILL PILLS PANIC: LEGAL CONSTRUCTIONS OF PLAY, RACE, AND THE POLICING OF CARE IN CALIFORNIA'S ADMINISTRATIVE COURTS |
44 PoLAR: Political and Legal Anthropology Review 156 (May, 2021) |
US legal-administrative interpretations of children's play offer critical insight into the production of racial difference and reproduction of economic disparities under the aegis of the postwelfare state. This article analyzes ethnographic observations in an administrative court in Los Angeles and transcripts of childcare license revocation... |
2021 |
Christopher Afgani |
CHOOSING LIFE OVER LIBERTY AND PROPERTY: ENVIRONMENTAL JUSTICE IN A WORLD RAVAGED BY CLIMATE CHANGE |
68 UCLA Law Review 786 (October, 2021) |
Harms to communities of color and poor communities are set to increase in light of climate change. These communities are vulnerable to climate-induced disasters largely because of historical, social and economic inequities. While this is generally true for vulnerable communities throughout the world, the scope of this Comment is limited to... |
2021 |