Author | Title | Citation | Summary | Year |
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 |
Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
2024 |
John M. Groen |
TAKINGS, ORIGINAL MEANING, AND APPLYING PROPERTY LAW PRINCIPLES TO FIX PENN CENTRAL |
39 Touro Law Review 973 (2024) |
Justice Clarence Thomas, dissenting in Murr v. Wisconsin, suggested the Supreme Court take a fresh look at its regulatory takings jurisprudence and see whether it can be grounded in the original public meaning of the Takings Clause. He repeated this request in Bridge Aina Le'A, LLC v. Hawaii Land Use Commission, but also sharply criticized the... |
2024 |
|
THE COASTAL PROPERTY INSURANCE CRISIS |
54 Environmental Law Reporter (ELI) 10443 (June, 2024) |
More severe storms and rising sea levels pose a threat to U.S. coastal communities, including millions of homes and businesses. Insured damages to coastal property are steadily increasing, insurance premiums are increasing, and private insurance companies have stopped serving some coastal states. Taken together, the consequences of declining... |
2024 |
Dan M. Smolnik |
THE CONNECTICUT MUNICIPAL REAL PROPERTY TAX: A CLOSER LOOK AT THE HISTORIC AND EVOLVING LANDSCAPE |
46 Western New England Law Review 212 (2024) |
Connecticut's tax on real property has been adopted by the continuum of time as necessary to the public fisc. In 1639, Connecticut adopted the Fundamental Orders, a document that arose from the agreement among the towns of Hartford, Wethersfield, and Windsor and bore more than a passing resemblance to seventeenth century charters of trading... |
2024 |
Shantal Pai |
THE EFFECT OF HISTORICAL TRIBAL POLICY AND PROPERTY RIGHTS ON ENVIRONMENTAL REGULATION |
39-SUM Natural Resources & Environment 47 (Summer, 2024) |
Before there were Europeans in the United States, there were Indigenous people. They governed independently through sophisticated governments that included tribal laws, cultural traditions, religious customs, and societal systems. Native American nations treated each other as sovereign governments, often negotiating treaties with each other to... |
2024 |
Willy E. Rice |
THE EMERGING NAME, IMAGE, AND LIKENESS INDUSTRY AND THE PERILS OF APPROPRIATING "ENTREPRENEURIAL" COLLEGIATE ATHLETES' AND "VENGEFUL" MINORS' PROPERTY INTERESTS--HISTORICAL AND EMPIRICAL GUIDANCE FROM COURTS' RIGHT OF PUBLICITY, MISAPPROPRIATION, AND BREA |
13 Berkeley Journal of Entertainment & Sports Law 99 (2024) |
From the late-1880s to the early-2020s, universities and the collegiate sports industry exploited millions of college kids as well as their parent investors by preventing entrepreneurial athletes from monetizing their names, images, and likenesses (NILs). Yet, during the same era, the collegiate-athletics industry--like the movie and music... |
2024 |
William C. Handorf, Reginald T. O'Shields, Tyler Holt |
THE FEDERAL HOME LOAN BANKS APPROACH 100: EVOLUTION FROM HOUSING LENDER TO LIQUIDITY PROVIDER |
28 North Carolina Banking Institute 45 (March, 2024) |
The Federal Home Loan Banks (FHLBanks) have evolved dramatically and intentionally through statutory changes since their creation. The FHLBanks were created almost a century ago during the Great Depression to support mortgage lending, an industry that collapsed as a result of dire economic conditions. Commercial banks and savings and loan... |
2024 |
Miranda Guedes |
THE GHOST OF JIM CROW: THE HUMAN RIGHT TO HOUSING, GENERATIONAL WEALTH, THE NEIGHBORHOOD HOMES INVESTMENT ACT, AND THE AMERICAN LEGAL SYSTEM |
14 University of Miami Race & Social Justice Law Review 165 (Spring, 2024) |
To have a decent place to live is a basic human right. - Jimmy Carter The U.N. Committee on Economic, Social, and Cultural Rights provides the following framework when defining the human right to housing: (1) security of tenure; (2) availability of services; (3) affordability; (4) habitability; (5) accessibility; (6) location; and (7) cultural... |
2024 |
Molefi McIntosh |
THE IMPORTANCE OF LANGUAGE IN THE CONTEXT OF HEIRS' PROPERTY POLICYMAKING |
49 ACTEC Law Journal 195 (Spring, 2024) |
Heirs' property constitutes a common legal form of family property ownership within the African American community as well as within other socioeconomically disadvantaged communities. It is a problematic form of ownership that mostly arises when someone dies without having made a will or other type of estate plan .. There are a number of severe... |
2024 |
Faith O. Majekolagbe |
THE INTERNATIONAL COPYRIGHT SYSTEM AND DEVELOPMENT: THE ROLE OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION |
57 Vanderbilt Journal of Transnational Law 1123 (October, 2024) |
As the main international organization formed to promote intellectual property (including copyright) policies globally, the World Intellectual Property Organization (WIPO) has a vital role to play in positioning the international copyright system towards better support for access to knowledge and human development. The 2007 WIPO Development Agenda... |
2024 |
Michael-James Currie , Stephany Torres , Joshua Eveleigh , Dr Madelein Kleyn , Director, Primerio, South Africa, E-mail: m.currie@primerio.international, Senior Associate, Primerio, South Africa, E-mail: s.torres@primerio.international, Associate (Designa |
THE INTERPLAY BETWEEN ANTITRUST LAW AND INTELLECTUAL PROPERTY LAW IN SOUTH AFRICA: A CRITICAL ANALYSIS OF THE OECD RECOMMENDATION ON INTELLECTUAL PROPERTY RIGHTS AND COMPETITION |
59 les Nouvelles 12 (March, 2024) |
The interplay between competition law and intellectual property remains the subject of much debate. Intellectual property creates monopolistic rights to protect and reward innovation and incentivise creators, whilst competition law seeks to balance these monopolistic rights by maintaining an open and competitive market. Competition and intellectual... |
2024 |
Jill Warren |
THE INTRICACIES OF NIMBYISM: EXCLUSIONARY ZONING AND THE FAIR HOUSING ACT IN CONNECTICUT |
56 Connecticut Law Review 973 (March, 2024) |
Connecticut is one of the wealthiest states in the country, yet there is an alarming shortage of affordable housing across the state. The regulatory schemes of Connecticut municipalities only exacerbate the issue. Many towns and cities employ exclusionary zoning policies and regulations that make it difficult for lower-income households to reside... |
2024 |
Edward J. McCaffery |
THE PROPERTY-TAX BUNDLE OF RIGHTS |
2024 Michigan State Law Review 99 (2024) |
Introduction. 100 A. Concept and Conceptions. 102 B. The Road Ahead. 106 I. Elements. 108 A. The Rights of Property. 108 B. The Term Structure of Property. 110 C. Two Components of Tax. 112 1. The Timing of Tax. 112 2. The Rate Structure of Tax. 114 D. The Project of a Property-Tax Bundle. 115 E. Money as Property. 117 1. Money in Locke. 119 2.... |
2024 |
Francesca Zepeda |
THE STUPA AMARAVATI OF INDIA: WHERE BRITISH COMMON LAW CONTROLS THE REPATRIATION OF CULTURAL PROPERTY |
20 Loyola University Chicago International Law Review 93 (Spring, 2024) |
Repatriation of cultural property currently in the hands of the British Museum has been the topic of intense debate for decades. Activists argue for the return of the cultural art to its country of origin and to abide by international law for the protection of art antiquities. The British Museum and their supporters argue to maintain the status... |
2024 |
Shelby D. Green |
THE TRANSMOGRIFICATION OF MORATORIA IN SUPPORT OF RENT REGULATIONS: FALSE STEPS TO AFFORDABLE HOUSING |
58 University of San Francisco Law Review 314 (2024) |
[D]ominion over things is also imperium over our fellow human beings. The Ballingers were in the military service and were to be deployed overseas for a year. They had bought a condominium unit as their residence earlier in the year. While they were to be away, they rented the unit to Temperance under a one-year lease. When they returned and the... |
2024 |
Kaitlyn Carrara |
TOWARD A UNIFORM INTELLECTUAL PROPERTY EXCEPTION TO CDA § 230 |
64 South Texas Law Review 65 (Fall, 2024) |
I. Introduction. 65 II. Background. 68 A. The Purpose of the Communications Decency Act and § 230. 68 B. Current Issues with § 230. 70 C. Internet Service Providers and Interactive Computer Services. 71 D. What is Intellectual Property?. 73 E. The Lanham Act and the Digital Millennium Copyright Act. 76 F. The Right of Publicity and Privacy. 79 G.... |
2024 |
John Whitlow |
TOWARD HOUSING JUSTICE: LAW, TENANT POWER, AND THE DECOMMODIFICATION OF URBAN PROPERTY |
27 University of Pennsylvania Journal of Law and Social Change 175 (2024) |
This Article explores the burgeoning movement for housing justice in the United States by focusing on recent examples of tenant organizing and law reform campaigns in New York City and San Francisco. In the case of New York, a coalition of tenants successfully mobilized in 2019 to strengthen the rent laws for the first time in decades. Those... |
2024 |
Geraldo Vidigal, Pramiti Parwani |
TRIPS AT THIRTY: THE EVOLVING INTERACTIONAL LAW OF PUBLIC HEALTH EXCEPTIONS TO INTELLECTUAL PROPERTY PROTECTION |
57 Vanderbilt Journal of Transnational Law 1489 (November, 2024) |
Debates regarding public health and the international protection of intellectual property (IP) often focus on patent protection under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and regional trade agreements, with demands for change being framed as demands for further textual... |
2024 |
Ariana Levi |
UNDER PRESSURE, FACING THE RISING TIDE: THE LEGAL AND HUMANITARIAN CRISIS OF FLOOD PRONE COASTAL PROPERTY |
12 LSU Journal of Energy Law & Resources 577 (Summer, 2024) |
C1-2Table of Contents Introduction. 578 I. Background. 581 A. Environmental and Climate Science: What Got Us Here?. 581 1. Louisiana as a Model for Global Climate Change Impacts. 582 2. Projections for the Rest of the Global Community. 584 B. Policy Considerations: The Highest and Best Use of Land in the Modern Era. 586 C. The Buyout Process... |
2024 |
Association of Corporate Counsel, Staff, ACC |
WHAT IN-HOUSE COUNSEL SHOULD KNOW ABOUT JUNETEENTH |
6/19/2024 ACC Docket 1 (6/19/2024) |
Banner artwork by Lightspring / Shutterstock.com Juneteenth, also known as Emancipation Day, Freedom Day, Black Independence Day, and a plethora of other names, also, short for June Nineteenth, marks the day emancipated enslaved African Americans got news of their newfound freedom from federal troops that arrived in Galveston, Texas, in... |
2024 |
Allison Gherovici |
WHATEVER HAPPENED TO PROTECTING FAMILIES: THE SIXTH CIRCUIT NARROWS AVAILABILITY OF 42 U.S.C. § 1983 RELIEF FOR CHILDREN OF A WRONGFULLY INCARCERATED PARENT |
69 Villanova Law Review 397 (2024) |
In 2017, a Texas court overturned the wrongful conviction of Hannah Overton, a mother of five. Overton was fostering a four-year-old child who mysteriously died of high sodium levels. The court convicted Overton of capital murder and sentenced her to prison for seven years. Ten years after the conviction, Overton's appellate attorney prevailed on a... |
2024 |
Sarah K. Lynch-Chaput |
WHEN WALL STREET BECOMES AMERICA'S LANDLORD: HOW WALL STREET SINGLE-FAMILY RENTAL INVESTMENT FIRMS ARE INFILTRATING AMERICAN NEIGHBORHOODS AND DISRUPTING THE HOUSING MARKET |
63 Washburn Law Journal 449 (Spring, 2024) |
The 2008 economic recession and financial crisis, coupled with a significant amount of home foreclosures, led to a surplus of foreclosed homes available for purchase. Historically, local mom-and-pop landlords or small-scale investors have owned single-family rentals. After the 2008 recession, however, large investment companies entered the... |
2024 |
Timothy Gentles |
WHITHER AFFIRMATIVELY FURTHERING FAIR HOUSING IN NEW YORK? THE AFFH MANDATE IN AN ERA OF LAND USE REFORM |
45 Cardozo Law Review 977 (February, 2024) |
C1-2Table of Contents Introduction. 978 I. Background. 985 A. The Fair Housing Act and the Duty to Affirmatively Further Fair Housing. 985 1. History of the AFFH Mandate. 985 2. Litigation Under the AFFH Mandate. 989 B. Exclusionary Zoning and Fair Housing. 991 C. Exclusionary Zoning in New York. 995 II. Analysis of the New York AFFH Law. 996 A.... |
2024 |
Michael Lewyn |
ZONING AND LAND USE PLANNING |
52 Real Estate Law Journal 103 (Winter, 2024) |
As American zoning has become more restrictive, housing construction has plummeted. During the 1970s, 17 million housing units were completed, or roughly one unit for every 12 U.S. residents. By contrast, during the 2010s, only 10.8 million units were completed, or one for every 28 residents. Construction of single-family structures decreased by... |
2024 |
Maria Civitello |
"ONE HOME, MANY GENERATIONS": HOW ADOPTING A UNIFORM DEFINITION OF THE "MULTIGENERATIONAL FAMILY" COULD BENEFIT MILLIONS OF AMERICANS |
31 Elder Law Journal 133 (2023) |
For the past several decades, the number of Americans living in multigenerational homes has been steadily increasing. Multigenerational families may choose to live together for a variety of reasons; for example, some families achieve greater economic security by combining generations into one household, while others may wish to live together in... |
2023 |
Nadiyah J. Humber |
A HOME FOR DIGITAL EQUITY: ALGORITHMIC REDLINING AND PROPERTY TECHNOLOGY |
111 California Law Review 1421 (October, 2023) |
Property technologies (PropTech) are innovations that automate real estate transactions. Automating rental markets amplifies racial discrimination and segregation in housing. Because screening tools rely on data drawn from discriminatory--and often overtly segregationist--historical practices, they replicate those practices' unequal outcomes in the... |
2023 |
Matthew Fern |
A SUBSTANTIVE(-ISH) RIGHT TO HOUSING: AN AMERICAN PROBLEM |
73 DePaul Law Review 57 (Fall, 2023) |
America: the land of the free and the home of the brave, but not really the nation of the housed. Housing instability, as defined by the U.S. Department of Health and Human Services, is the combination effect of high housing costs, poor housing quality, unstable neighborhoods, overcrowding, and homelessness. American people suffer with unaffordable... |
2023 |
Jon DeCarmine , Joseph S. Jackson |
A TALE OF TWO TENT CITIES: THE CRITICAL ROLE OF HOUSING ENGAGEMENT IN ADDRESSING HOMELESS ENCAMPMENTS |
30 Georgetown Journal on Poverty Law and Policy 371 (Spring, 2023) |
Local governments have essentially three choices in responding to the presence of homeless encampments. They can adopt a law enforcement approach, forcing individuals to move their camps on pain of arrest for trespassing. They can adopt an out of sight, out of mind approach, designating a specified area where homeless individuals are permitted to... |
2023 |
Patricia R. Di Pasquale |
AFFORDABLE HOUSING versus HOUSING SAFETY: ILLEGAL HOUSING IN CALIFORNIA AND THE HOUSING AND BUILDING CODE DICHOTOMY |
32 Journal of Affordable Housing & Community Development Law 255 (2023) |
The affordable housing crisis and the lack of housing for low-income individuals is a significant problem in major metropolitan areas in the United States and specifically in California. This article introduces the affordable housing crisis, how building codes impact the affordable housing crisis, and how private citizens are responding to the... |
2023 |
Carlos Arroyo Batista, Columbia University |
AFTER SERVITUDE: ELUSIVE PROPERTY AND THE ETHICS OF KINSHIP IN BOLIVIA MAREIKE WINCHELL (OAKLAND: UNIVERSITY OF CALIFORNIA PRESS, 2022) |
46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) |
What does it mean to question the idea that legally defined property would bring liberty to Bolivia's Indigenous population? What are the underlying relations between human groups and land that a property regime absorbs and transforms? How do agrarian officials construct property as a form of normative, racialized citizenship? Using two years of... |
2023 |