| Author | Title | Citation | Summary | Year |
| 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 |
| Bridget Lavender |
COERCION, CRIMINALIZATION, AND CHILD 'PROTECTION': HOMELESS INDIVIDUALS' REPRODUCTIVE LIVES |
169 University of Pennsylvania Law Review 1607 (April, 2021) |
The U.S. Supreme Court has long recognized the constitutional importance of reproductive autonomy. However, for the unhoused the guarantees of this right can be seen as fictitious promises. This Comment aims to explore the continuum of limitations on reproductive autonomy faced by homeless individuals, and its implications for reproductive rights... |
2021 |
| Abigail S. Rosenfeld |
CONSIDER THE CAREGIVERS: REIMAGINING LABOR AND IMMIGRATION LAW TO BENEFIT HOME CARE WORKERS AND THEIR CLIENTS |
62 Boston College Law Review 315 (January, 2021) |
Abstract: A looming shortage of over half a million direct care workers within the next decade threatens to leave elderly and disabled individuals without much-needed care. Existing U.S. labor and immigration laws render long-term care work undesirable and providers prone to exploitation. Despite the extension of the Fair Labor Standards Act's... |
2021 |
| Prentiss A. Dantzler, Jason D. Rivera, Assistant Professor, Urban Studies Institute, Georgia State University, Email: pdantzler@gsu.edu, Phone: 404-413-0349, Associate Professor, Department of Political Science & Public Administration, SUNY Buffalo State, |
CONSTRUCTING IDENTITIES OF DESERVEDNESS: PUBLIC HOUSING AND POST-WWII ECONOMIC PLANNING EFFORTS |
39 Minnesota Journal of Law & Inequality 443 (Summer, 2021) |
Depending on its population, the approach and sustained support for public housing has varied over time. This Article discusses how policymakers' initial arguments rested upon constructed identities of deservedness. This Article argues that the perceived social identity of public housing residents was used as an impetus for political support and... |
2021 |
| Lily Frances Fontenot |
COVID-19, HOUSING AND EVICTIONS: A COMPARATIVE CASE STUDY OF HOUSING LAW AND POLICY IN THE UNITED STATES AND ARGENTINA THROUGH AN INTERNATIONAL HUMAN RIGHTS LENS |
53 University of Miami Inter-American Law Review 159 (Winter/Spring, 2021) |
This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country's response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each... |
2021 |
| Alice Kaswan |
CREATING HOME: MULTILEVEL GOVERNANCE STRUCTURES FOR EMERGING CLIMATE MIGRATION |
93 Temple Law Review 735 (Summer, 2021) |
Whether in response to sudden disasters or slow-onset conditions like sea level rise, intolerable heat, or water scarcity, millions, if not billions, of people in the United States and around the world are likely to move in the coming decades. Where will people go? While considerable attention has focused on how communities can adapt to a... |
2021 |
| |
CRIMINAL PROCEDURE--SEARCHES--SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS THAT CONTINUOUS, LONG-TERM POLE CAMERA SURVEILLANCE OUTSIDE HOMES IS A SEARCH UNDER STATE CONSTITUTIONAL LAW.--COMMONWEALTH v. MORA, 150 N.E.3D 297 (MASS. 2020) |
134 Harvard Law Review 1268 (January, 2021) |
Today's digital world brings advanced police surveillance as never seen before, with more vulnerable communities bearing the brunt of these increased interactions and intrusions. And the stakes are high: repeated police exposure, digital or not, increases the risk of violent outcomes. The Fourth Amendment, which has come to regulate police actions... |
2021 |
| Laura Flint |
CRIMINALIZING PROPERTY RIGHTS: HOW CRIME-FREE HOUSING ORDINANCES VIOLATE THE FIFTH AMENDMENT |
70 Emory Law Journal 1369 (2021) |
Crime-free housing ordinances allow municipalities to force private landlords to evict tenants who have committed crimes or allowed a guest who has committed a crime into their home, regardless of the tenant's knowledge. These ordinances have proliferated throughout the country since the turn of the century and pose interesting questions about... |
2021 |
| Jordan Brewington |
DISMANTLING THE MASTER'S HOUSE: REPARATIONS ON THE AMERICAN PLANTATION |
130 Yale Law Journal 2160 (June, 2021) |
In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and present-day cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a... |
2021 |
| Jeff Kukucka , Kimberley A. Clow , Ashley M. Horodyski , Kelly Deegan , Nina M. Gayleard |
DO EXONEREES FACE HOUSING DISCRIMINATION? AN EMAIL-BASED FIELD EXPERIMENT AND CONTENT ANALYSIS |
27 Psychology, Public Policy, and Law 570 (November, 2021) |
Two studies examined housing discrimination against exonerees. In Study 1, we sent 1,203 emails inquiring about active apartment listings, each of which ostensibly came from an ex-offender, an exoneree, or a person with no criminal history. Compared to the control condition (51%), both ex-offenders (40%) and exonerees (regardless of whether they... |
2021 |
| Andrew T. Hayashi |
DYNAMIC PROPERTY TAXES AND RACIAL GENTRIFICATION |
96 Notre Dame Law Review 1517 (March, 2021) |
Many jurisdictions determine real property taxes based on a combination of current market values and the recent history of market values, introducing a dynamic aspect to property taxes. By design, homes in rapidly appreciating neighborhoods enjoy lower tax rates than homes in other areas. Since growth in home prices is correlated with--and may be... |
2021 |
| Ryan Davey, Insa Lee Koch, Cardiff University, London School of Economics |
EVERYDAY AUTHORITARIANISM: CLASS AND COERCION ON HOUSING ESTATES IN NEOLIBERAL BRITAIN |
44 PoLAR: Political and Legal Anthropology Review 43 (May, 2021) |
In Britain, especially in the 2010s, neoliberal reform involved an extension of legal coercion into the domestic and community lives of marginalized citizens. On two postindustrial housing estates in Britain, working-class residents experience this everyday authoritarianism in areas that the liberal state typically constructs as private and... |
2021 |
| Robert G. Schwemm |
FAIR HOUSING AND THE CAUSATION STANDARD AFTER COMCAST |
66 Villanova Law Review 63 (2021) |
The Supreme Court last term held in the Comcast case that but-for causation must be shown by plaintiffs under the 1866 Civil Rights Act's § 1981 and also announced that this standard is the default position presumed to govern all other federal civil rights statutes. This Article deals with how Comcast's but-for presumption applies to fair housing... |
2021 |
| James Jennings |
FAIR HOUSING AND ZONING AS ANTI-GENTRIFICATION: THE CASE OF BOSTON, MASSACHUSETTS |
30 Journal of Affordable Housing & Community Development Law 93 (2021) |
The Fair Housing law protects individuals and groups based on race, color, religion, sex, familial status, national origin, or having a disability. In addition to the federal protected classes, Massachusetts Anti-Discrimination Law, Massachusetts General Laws, ch.151B, prohibits discrimination against the following protected classes: sexual... |
2021 |
| Noah M. Kazis |
FAIR HOUSING FOR A NON-SEXIST CITY |
134 Harvard Law Review 1683 (March, 2021) |
C1-3CONTENTS L1-2Introduction . L31684 I. Sex and Fair Housing: The State of the Law. 1692 A. The Fair Housing Framework. 1692 B. Sex as a Protected Class: The Limits of Current Enforcement. 1697 C. Proof of Concept: Domestic Violence and Chronic Nuisance Ordinances. 1703 1. Chronic Nuisance Ordinances. 1703 2. The Application of Chronic Nuisance... |
2021 |
| Winnie F. Taylor |
FINTECH AND RACE-BASED INEQUALITY IN THE HOME MORTGAGE AND AUTO FINANCING MARKETS |
33 Loyola Consumer Law Review 366 (2021) |
The racial gap in wealth in the United States is astonishing. A 2019 survey found that the typical White family has eight times the wealth of the typical African American family and five times the wealth of the typical Hispanic family. Unfortunately, discrimination in the home mortgage market and the lending industry has contributed greatly to the... |
2021 |
| Robert Costello |
FRONT OF THE HOUSE, BACK OF THE HOUSE: RACE AND INEQUALITY IN THE LIVES OF RESTAURANT WORKERS BY ELI REVELLE YANO WILSON |
36-SUM Criminal Justice 39 (Summer, 2021) |
NYU Press, December 2020, 9781479800612 Eli Revelle Yano Wilson is an Assistant Professor of Sociology at the University of New Mexico, where his research interests include race and ethnicity, labor, immigration, and labor. His work shows how inequality is reproduced and challenged within workforces. Born and raised in Hawaii, Eli completed his... |
2021 |
| Lauren Peterson |
GOVERNING THE UNKNOWN: HOW THE DEVELOPMENT OF INTELLECTUAL PROPERTY LAW IN SPACE WILL SHAPE THE NEXT GREAT ERA OF EXPLORATION, EXPLOITATION, AND INVENTION |
18 Northwestern Journal of Technology & Intellectual Property 335 (May, 2021) |
Introduction. 336 I. Off to the Races. 337 II. U.N. Action for Space. 340 III. What the Development of Maritime & Aviation Law Can Teach Us. 343 IV. Parallels in the Development of Space Law. 347 V. A Few of the Problems Facing Intellectual Property Law in Space. 350 VI. The Next Great Race. 351 Conclusion. 352 The urge to explore has propelled... |
2021 |
| Caitlin Henderson |
HEIRS PROPERTY IN GEORGIA: COMMON ISSUES, CURRENT STATE OF THE LAW, AND FURTHER SOLUTIONS |
55 Georgia Law Review 875 (Winter, 2021) |
In Georgia, real property passes through an intestate estate in the form of heirs property. Under this system, heirs share ownership of the property as tenants in common. This form of ownership poses several obstacles to realizing the land's full potential and, in certain circumstances, courts will partition the property in forced sales or will... |
2021 |
| Rachel D. Godsil, Sarah E. Waldeck |
HOME EQUITY: RETHINKING RACE AND FEDERAL HOUSING POLICY |
98 Denver Law Review 523 (Spring, 2021) |
Neighborhoods shape every element of our lives. Where we live determines economic opportunities; our exposure to police and pollution; and the availability of positive amenities for a healthy life. Home inequity--both financial and racial--is not accidental. Federal government programs have armed white people with agency to construct white spaces... |
2021 |
| Jennifer C. Nash |
HOME IS WHERE THE BIRTH IS: RACE, RISK, AND LABOR DURING COVID-19 |
32 Yale Journal of Law & Feminism 103 (2021) |
On April 28, 2020, Dr. W. Spencer McClelland--an obstetrician at New York City's Lenox Hill Hospital--published an editorial in The New York Times that announced, If you planned on delivering in a New York City hospital, don't change your plans. McClelland's plea was a response to an outpouring of news reports focused on pregnant people... |
2021 |
| Candace L. Castillo |
HOUSE BILL 3: AN IOU TEXAS PUBLIC SCHOOLS AND COMMUNITIES OF COLOR CANNOT AFFORD |
23 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2021) |
Introduction. 58 I. History of Texas School Finance. 61 A. Edgewood ISD v. Kirby. 62 B. Morath v. Texas Taxpayer (Edgewood VII). 65 C. The Failings of Texas's School Finance System. 67 II. The Basic Mechanics of School Finance. 68 III. HB 3. 70 A. Inequitable Tax Compression. 71 B. Changes to the Recapture Program. 74 C. HB 3 Lacks a Sustainable... |
2021 |
| Maria Massimo |
HOUSING AS A RIGHT IN THE UNITED STATES: MITIGATING THE AFFORDABLE HOUSING CRISIS USING AN INTERNATIONAL HUMAN RIGHTS LAW APPROACH |
62 Boston College Law Review 273 (January, 2021) |
Abstract: Throughout its history, the United States has perpetuated a double standard in regard to international human rights by urging other nations to protect and promote these rights, while simultaneously forgoing international human rights treaties in favor of its own Constitution and domestic human rights laws. Notably, the United States does... |
2021 |
| Cayla Keenan |
HOUSING LAW--NOT OVER THIS THRESHOLD: THE CRISIS OF CONTINUED HOUSING DISCRIMINATION AGAINST QUEER AMERICANS--SMITH v. AVANTI, 249 F. SUPP. 3D 1194 (D. COLO. 2017) |
26 Suffolk Journal of Trial and Appellate Advocacy 157 (2020-2021) |
As of 2019, there are no federal laws that protect against housing discrimination for LGBTQIA+ (queer) Americans. Protections against discrimination on the basis of sex were added to the Fair Housing Act in 1974, however, there are still no federal legal protections that prevent housing discrimination against queer people. In many of these... |
2021 |
| Sophia A. Studer |
HOW JUDICIAL APPLICATION OF CDA § 230 AND FHA § 3604 HAVE CREATED SAFE HAVENS FOR ONLINE HOUSING DISCRIMINATION |
28 Richmond Journal of Law and Technology 378 (Winter 2021) |
This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer... |
2021 |
| Stewart E. Sterk |
INCENTIVIZING FAIR HOUSING |
101 Boston University Law Review 1607 (October, 2021) |
Restrictive land use regulation has thwarted the upward mobility of many Americans, particularly Americans of color. Local restrictions imposed by affluent municipalities have limited access to safe neighborhoods, better housing, and good schools. Racism and economic self-interest have both played a role in exclusionary practices which have... |
2021 |
| |
KEEPING CURRENT--PROPERTY |
35-APR Probate and Property 20 (March/April, 2021) |
CONSTRUCTION CONTRACTS: Pay-if-paid term in subcontract that requires surrender of right to timely payment is void. APCO Construction, Inc., the general contractor on a mixed-use development project, entered into a subcontract with Zitting Brothers Construction, Inc. to perform wood framing, sheathing, and shimming work. The subcontract required... |
2021 |
| |
KEEPING CURRENT--PROPERTY |
35-JUN Probate and Property 22 (May/June, 2021) |
COTENANTS: Creditor may reach insurance proceeds from property held in tenancy by the entirety. Terry and Cathy Phillips owned their marital residence as tenants by the entirety until 2010 when they retitled the property in the names of separate revocable trusts as tenants in common. Cathy's trust held a 99 percent undivided interest in the... |
2021 |
| Alex Ellefson |
LANDLORD BOUNTY HUNTERS: QUI TAM AS AN EFFECTIVE TOOL FOR HOUSING CODE ENFORCEMENT |
29 Journal of Law & Policy 460 (2021) |
Millions of American renters live in substandard housing. Conditions in these homes not only affect individual renters' quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing... |
2021 |
| Daniel Finnegan |
LOOKING FOR A SILVER LINING: HOW THE COVID-19 PANDEMIC FORCES NEW YORK TO RECKON WITH ITS AFFORDABLE HOUSING CRISIS |
15 Brooklyn Journal of Corporate, Financial & Commercial Law 467 (Spring, 2021) |
Since the Great Depression, the United States government has failed to find an adequate remedy to a nationwide housing shortage amongst low- and moderate-income individuals and families. The COVID-19 public health crisis has exacerbated this ongoing, nation-wide housing crisis, and has highlighted the racial inequities present in our housing... |
2021 |
| Rebecca Ringler |
MAKING A HOUSE A HOME: CHALLENGING DISCRIMINATORY UTILITY POLICIES UNDER THE FAIR HOUSING ACT |
12 George Washington Journal of Energy & Environmental Law 113 (Summer, 2021) |
This Note explores the connection between access to utility services and housing, and how the Fair Housing Act can be used to challenge discriminatory utility policies. Specifically, it concludes that because regulation of utility providers varies so much between the states, federal oversight is needed to ensure that consumers are protected from... |
2021 |