KEEPING CURRENT--PROPERTY 36-FEB Probate and Property 18 (January/February, 2022) FORECLOSURE: Fannie Mae's nonjudicial foreclosure is not state action. The Federal National Mortgage Association (Fannie Mae) acquired home mortgage loans that were in default and conducted nonjudicial foreclosure sales of the properties under Rhode Island law. The homeowners filed a putative class action suit against Fannie Mae and its... 2022
  KEEPING CURRENT--PROPERTY 36-JUN Probate and Property 17 (May/June, 2022) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. EMINENT DOMAIN: Just compensation clause of state constitution waives sovereign immunity for inverse-condemnation claim that seeks injunctive relief. The government's... 2022
Ric Simmons LANGE, CANIGLIA, AND THE MYTH OF HOME EXCEPTIONALISM 54 Arizona State Law Journal 145 (Spring, 2022) For over a hundred years, the Supreme Court has employed rhetoric in its Fourth Amendment cases that supports the concept of home exceptionalism--that is, the idea that protecting the home is the very core of the Fourth Amendment. Two cases from this year's Supreme Court term, Lange v. California and Caniglia v. Strom, appear at first to... 2022
Daniel G. Orenstein MULTIUNIT HOUSING AND CANNABIS: GOOD LAWS MAKE GOOD NEIGHBORS 49 Fordham Urban Law Journal 475 (March, 2022) Introduction. 475 I. Smoking and Its Public Health Impacts. 480 A. Combustible Tobacco and Cannabis Products. 480 B. Noncombustible, Aerosol-Producing Products. 484 II. Multiunit Housing Context. 487 A. Multiunit Housing and Implications for Equity. 487 B. Law and Policy Context. 491 III. Unique Considerations for Cannabis. 495 A. General... 2022
Joseph Blocher, Mitu Gulati NAVASSA: PROPERTY, SOVEREIGNTY, AND THE LAW OF THE TERRITORIES 131 Yale Law Journal 2390 (June, 2022) The United States acquired its first overseas territory--Navassa Island, near Haiti--by conceptualizing it as a kind of property to be owned, rather than a piece of sovereign territory to be governed. The story of Navassa shows how competing conceptions of property and sovereignty are an important and underappreciated part of the law of the... 2022
Shelby Green NON-DEBT AND NON-BANK FINANCING FOR HOME PURCHASE: PROMISES AND RISKS 10 American University Business Law Review 437 (2022) [H]ousing is the dominant source of wealth for most families, just as its twin--mortgage debt--is the chief liability. I. Introduction. 438 II. Risk-Prone Home Purchase and Lending Practices Leading to 2008 Housing Crisis. 444 A. The Housing Markets Before and After the Crisis. 446 B. The Regulators Were Watching God. 449 i. Protections for the... 2022
Brandon M. Weiss OPPORTUNITY ZONES, 1031 EXCHANGES, AND UNIVERSAL HOUSING VOUCHERS 110 California Law Review 179 (February, 2022) The Tax Cuts and Jobs Act of 2017 contained former President Trump's signature economic development initiative: the Opportunity Zone program. Allowing a deferral of capital gains tax for certain qualifying investments in low-income areas, the Opportunity Zone program aims to spur economic development by steering capital into economically distressed... 2022
John R. Nolon PANDEMICS AND HOUSING INSECURITY: A BLUEPRINT FOR LAND USE LAW REFORM 46 Vermont Law Review 422 (Spring, 2022) Introduction: Four Pandemics and Housing Insecurity. 423 I. Housing Insecurity and Social Determinants of Health. 426 II. Traditional Affordable Housing. 430 A. Mandatory Affordable Housing. 431 B. Incentives for Affordable Housing. 433 C. Off-Site and Buy-Out Options. 434 III. Other Affordable Housing Strategies. 435 A. Flexible Large-Scale... 2022
Pono Arias PART OF THE SOLUTION: ADDRESSING HONOLULU'S HOUSING CRISIS THROUGH INCLUSIONARY HOUSING LEGISLATION 24 Asian-Pacific Law and Policy Journal 73 (Fall, 2022) I. Introduction. 73 II. Overview of Hawai'i history. 74 A. The Mhele and Hawaiian Homes Commission. 75 B. Rising Home Prices and the Cost of Living. 76 III. Inclusionary Housing. 79 A. Inclusionary Housing Overview. 80 B. Framing Inclusionary Housing. 81 C. Inclusionary Housing Programs in the Courts. 84 IV. The City and County of Honolulu's... 2022
Esther Sullivan PERSONAL, NOT REAL: MANUFACTURED HOUSING INSECURITY, REAL PROPERTY, AND THE LAW 18 Annual Review of Law and Social Science 119 (2022) manufactured housing, mobile home, real property, personal property, inequality, insecurity Manufactured homes provide a critical source of affordable housing and are the primary source of low-income homeownership in the United States. Yet manufactured housing (MH) is both socially stigmatized and spatially marginalized, which translates to... 2022
Ronit Levine-Schnur POLITICAL DIVIDE, WEAK PROPERTY RIGHTS, AND INFRASTRUCTURE PROVISION: AN EMPIRICAL EXAMINATION OF TAKINGS DECISIONS IN JERUSALEM 47 Law and Social Inquiry 821 (August, 2022) In this article I use a unique hand-coded dataset of all expropriation exercises in Jerusalem over a twenty-five-year period to test the distribution of the expropriation burden across political communities. I identify the ethnoreligious group to which the impacted landowner belongs and the community that would benefit from the decision. I find... 2022
National League of Cities PRINCIPLES OF HOME RULE FOR THE 21ST CENTURY 100 North Carolina Law Review 1329 (June, 2022) This has been excerpted and adapted from the National League of Cities Principles of Home Rule for the 21st Century report. Read the full report at: I. Preamble. 1330 A. Introduction. 1330 B. The Many Paths of Home Rule. 1332 C. The Imperative To Reform Home... 2022
Paul Butler PROGRESSIVE PROSECUTORS ARE NOT TRYING TO DISMANTLE THE MASTER'S HOUSE, AND THE MASTER WOULDN'T LET THEM ANYWAY 90 Fordham Law Review 1983 (April, 2022) [T]he master's tools will never dismantle the master's house. --Audre Lorde Introduction. 1983 I. The Master'S Tools Thesis: How IT Started/Where IT Landed. 1984 II. Lawyering the Master'S House. 1986 III. Progressive Prosecutors. 1988 A. Black Women Progressive Prosecutors. 1994 1. Aramis Ayala. 1995 2. Kim Foxx. 1996 B. Reforming the Master's... 2022
Carol M. Rose PROPERTY LAW AND INEQUALITY: LESSONS FROM RACIALLY RESTRICTIVE COVENANTS 117 Northwestern University Law Review 225 (2022) Abstract--A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted... 2022
Emily M. Shinn PROPERTY RIGHTS AND URBAN FARMING: EXAMINING THE ROLE OF RESTRICTIVE COVENANTS ON URBAN AGRICULTURE DURING TIMES OF NATIONAL FOOD INSECURITY AND CRISIS IN THE UNITED STATES 96 Tulane Law Review 503 (February, 2022) I. Introduction. 504 II. Background of Agricultural Covenants: Keeping Out the Unwanted. 508 III. Implications of Urban Farming in the Modern World. 512 A. Resilience and Adaptation: Urban Agriculture as a Viable Solution During Times of National Emergency. 513 B. Urban Farming at Work: Lessons Learned from the Past and Present. 516 1. Detroit,... 2022
Amy Liang PROPERTY versus ANTIDISCRIMINATION: EXAMINING THE IMPACTS OF CEDAR POINT NURSERY v. HASSID ON THE FAIR HOUSING ACT 89 University of Chicago Law Review 1793 (November, 2022) The Fair Housing Act is a groundbreaking federal law enacted in 1968 during the civil rights movement. Reflecting a policy judgment that the public's interest in eliminating housing discrimination outweighs a prejudicial landlord's property right to exclude, it prohibits landlords from rejecting tenants on a discriminatory basis. However, as the... 2022
Stephen R. Miller PROSPECTS FOR A UNIFIED APPROACH TO HOUSING AFFORDABILITY, HOUSING EQUITY, AND CLIMATE CHANGE 46 Vermont Law Review 463 (Spring, 2022) Introduction. 463 I. Background. 464 II. Activists' Goals and Limitations. 466 III. Developer-Cognizant Solutions. 476 A. Eliminating Single-Family Districts. 476 B. Accessory Dwelling Units. 480 C. Code Reform. 481 D. Subdivisions. 483 E. Greenfield Development. 486 F. Redefining the Development Industry. 487 G. Federal Investment. 488 Conclusion.... 2022
Akilah M. Browne, A. Mychal Johnson PUBLIC LAND FOR PUBLIC GOOD: A CALL FOR A REPARATIVE APPLICATION OF THE PUBLIC TRUST DOCTRINE IN NEW YORK 30 New York University Environmental Law Journal 303 (2022) Introduction. 304 I. The Racially Discriminatory History of American Property Law. 311 II. New York's Interpretation and Application of the Public Trust Doctrine. 313 III. An Expansive and Reparative Application of the Public Trust Doctrine. 317 Conclusion. 322 2022
Alida B. Soileau QUASI-PROPERTY NO MORE: "HUMAN HERITAGE" AS A NEW LEGAL STATUS FOR THE DEAD 74 South Carolina Law Review 111 (Autumn, 2022) This Article examines the existing American frameworks for the disposition of human remains. Classified as quasi-property, no one can truly have an ownership interest in them. This piece proceeds by highlighting the shortcomings of the quasi-property designation. It asserts that the needs of the living, which generally trump the interests of the... 2022
Bethany R. Berger RACE TO PROPERTY: RACIAL DISTORTIONS OF PROPERTY LAW, 1634 TO TODAY 64 Arizona Law Review 619 (Fall, 2022) Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land annexation and a slave-based economy created new legal innovations in recording, foreclosure, and commodification of property. It continued in the antebellum era, when these same... 2022
Daniel B. Rosenbaum REFORMING LOCAL PROPERTY FOR AN ERA OF NATIONAL DECLINE 70 Buffalo Law Review 1115 (May, 2022) Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their... 2022
Erica V. Rodarte Costa REFRAMING THE "DESERVING" TENANT: THE ABOLITION OF A POLICED PUBLIC HOUSING 170 University of Pennsylvania Law Review 811 (February, 2022) Centuries-old economic and racial injustices have molded our federal housing assistance. From the way we construct public housing--whether it has access to high-quality amenities or is built segregated from opportunities--to the stringent policies that dictate eligibility, the federal government dictates who deserves housing assistance along racial... 2022
Vickie S. Longosz REPOSITIONING OR RECAPITALIZATION OF PUBLIC HOUSING, MIXED-FINANCED HOUSING, AND SECTION 202 ELDERLY HOUSING AND KEEPING IT AFFORDABLE 31 Journal of Affordable Housing & Community Development Law 95 (2022) I. Introduction. 95 II. A Brief History. 97 A. Public Housing. 97 B. Mixed Financed Housing. 99 C. Section 202 Elderly Housing. 100 III. Long-Term Portfolio Issues for Public Housing. 101 A. What Is Repositioning?. 102 B. What Is Recapitalization?. 102 C. The Public Housing Options Today. 102 1. RAD. 102 2. Faircloth to RAD. 104 3. Section 18... 2022
Taino J. Palermo RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE 27 Roger Williams University Law Review 305 (Spring, 2022) There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... 2022
Elisabeth A. Dannan RIGHTS TO REMOVE: CONSTITUTIONAL MUNICIPAL RIGHTS TO REMOVE CONFEDERATE MONUMENTS FROM PUBLIC PROPERTY 72 Syracuse Law Review 1355 (2022) Abstract. 1355 Introduction. 1356 I. History and Jurisprudence of Limited Municipal Rights. 1360 A. Hunter, Trenton, and Williams. 1361 B. Ysursa v. Pocatello Education Association. 1364 II. Municipal First Amendment Claims: Government and Compelled Speech. 1365 A. Government Speech. 1367 B. Compelled Speech. 1372 III. Municipal Equal Protection... 2022
Elizabeth Foy Gudgel SENTENCING AFTER STASH HOUSES: ADDRESSING MANIPULATION OF THE FEDERAL SENTENCING GUIDELINES 91 Fordham Law Review 207 (October, 2022) In the realm of undercover work, law enforcement has broad discretion to define the contours of a criminal offense. Due to quantity-based provisions in the Federal Sentencing Guidelines, federal agents or their informants may coerce an individual into a higher sentencing range by escalating their behavior to align with mandatory minimums or... 2022
Eric Biber , Giulia Gualco-Nelson , Nicholas Marantz , Moira O'Neill SMALL SUBURBS, LARGE LOTS: HOW THE SCALE OF LAND-USE REGULATION AFFECTS HOUSING AFFORDABILITY, EQUITY, AND THE CLIMATE 2022 Utah Law Review 1 (2022) Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating... 2022
Ryan Cook SPLITTING HEIRS: HOW HEIRS' PROPERTY CONTINUES THE LEGACY OF CHALLENGES TO THE ACCUMULATION OF WEALTH FOR BLACK AMERICANS 32 University of Florida Journal of Law and Public Policy 573 (Summer, 2022) What happens to a dream deferred? -Langston Hughes When people die without executing estate planning instruments, their real property is divided to their heirs as tenants in common. Property owned in this arrangement is called heirs' property. The issues associated with heirs' property are compounded when several generations pass without proper... 2022
Lee Anne Fennell STREAMING PROPERTY 117 Northwestern University Law Review 95 (2022) Abstract--People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a... 2022
Kyle Willmott , Department of Sociology & Anthropology, Simon Fraser University, Burnaby, British Columbia, Canada TAXES, TAXPAYERS, AND SETTLER COLONIALISM: TOWARD A CRITICAL FISCAL SOCIOLOGY OF TAX AS WHITE PROPERTY 56 Law and Society Review 6 (March, 2022) In settler colonial states such as Canada, tax is central to political ideas that circulate about Indigenous nations and people. The stories that are told about Indigenous peoples by taxpayers' often involve complaints about budgets, welfare, and unfair tax arrangements. The paper theorizes how informal tax imaginaries' and taxpayer... 2022
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