Andy Taylor MUCH DISPUTE ABOUT NOTHING? A CRITICAL EXAMINATION OF THE BACKLASH AGAINST INVESTMENT TREATY ARBITRATION IN INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES 14 Cybaris an Intellectual Property Law Review 33 (2023) C1-3Table of Contents I. Introduction 34 II. ISDS: Origins, Growth & Criticism 36 A. Origins of ISDS 36 B. Growth of ISDS 39 C. Backlash Against ISDS 42 D. Criticism of ISDS in IP Disputes 46 III. Notable Investor-State IP Disputes 49 A. Patents: Eli Lilly v. Canada 49 B. Trademarks: Philip Morris v. Uruguay 55 IV. Argument 58 A. ISDS: An... 2023
Allison Roy Kawachi MUNICIPAL FAIR HOUSING ACT LITIGATION AND REPARATIONS 69 UCLA Law Review 1322 (January, 2023) L1-2TABLE OF CONTENTS Introduction. 1324 I. Reparations Litigation: What It Is and Why It Fails. 1327 A. What Are Reparations?. 1327 1. Definition. 1327 2. History. 1330 3. Goals. 1334 a. Economic Goals. 1334 b. Moral Goals. 1336 B. Reparations and Litigation. 1337 1. The Role of Litigation. 1337 2. Overview of Key Reparations Cases. 1339 a.... 2023
Bella Miller MY UTERUS, MY CHOICE: ABORTION BANS AND PROPERTY INTERESTS IN THE FEMALE BODY 64 Boston College Law Review 2131 (November, 2023) Abstract: For fifty years, people who can become pregnant have relied on the ability to access abortions as a part of ordinary, safe, and quality medical care. Abortions are low-risk medical procedures that provide people who can become pregnant with the ability to control their health and well-being. The Supreme Court stripped women of their... 2023
Angela R. Riley NATIVE NATIONS AND TRIBAL CULTURAL PROPERTY LAW 16 Landslide 22 (September/October, 2023) The world is experiencing a decolonization movement, as former colonies and Indigenous Peoples seek to regain cultural identities and political power that was stripped in the colonial period. This endeavor has particular resonance for Indigenous Peoples, who, as the New York Times recently reported, are increasingly calling on courts and... 2023
Eric R. Claeys NATURAL PROPERTY RIGHTS: A REPLY 9 Texas A&M Journal of Property Law 757 (5/28/2023) This Reply concludes the symposium hosted by the Texas A&M University Journal of Property Law on the author's forthcoming book Natural Property Rights. The Reply shows how natural law and rights apply to a wide range of doctrinal examples raised in this symposium--including business associations, correlative oil rights, timber extraction, sinking... 2023
Eric R. Claeys NATURAL PROPERTY RIGHTS: AN INTRODUCTION 9 Texas A&M Journal of Property Law 415 (5/28/2023) This Article introduces a symposium hosted by the Texas A&M University Journal of Property Law. The symposium is on a forthcoming book, and in that book the author introduces and defends a theory of property relying on labor, natural rights, and mine-run principles of natural law. Parts I and II of the Article preview the main claims of the book,... 2023
Monika U. Ehrman NATURAL RESOURCE PROPERTY CUSTOMS 41 UCLA Journal of Environmental Law & Policy 1 (2023) This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... 2023
Katelin O'Connor NO DOGS ALLOWED (WITHOUT A WARRANT): EXPANDING THE FOURTH AMENDMENT SANCTITY OF THE HOME TO INTERIOR THRESHOLD SEARCHES FOR TENANTS IN MULTIUNIT DWELLINGS-UNITED STATES v. MATHEWS 101 Nebraska Law Review 585 (2023) C1-2TABLE OF CONTENTS I. Introduction. 586 II. The History of Fourth Amendment Privacy Protections. 589 A. Unconstitutional Search Requires Physical Intrusion--Common-Law Trespassory Test. 589 B. Unconstitutional Search Without Physical Intrusion--Reasonable-Expectation-of-Privacy Test. 592 III. Circuit Split. 596 A. Majority Approach. 596 B.... 2023
  NOBODY HAS A "CORNER ON THE MARKET": THE COLLABORATIVE USE OF BOTH IN-HOUSE COUNSEL AND OUTSIDE COUNSEL 22 Journal of International Business and Law 34 (Winter, 2023) In business lawyering, there is no single prescription for when to use in-house counsel or outside counsel. Many companies employ both types of counsel. Each brings different advantages to the client and the transaction in issue. Notwithstanding historical resistance in the legal industry about the propriety of deeming in-house counsel as veritable... 2023
Jack Duffley ON THIN ICE: FIXING THE COOK COUNTY PROPERTY TAX DIVIDE 96 Chicago-Kent Law Review 283 (2023) For Cook County, the property tax is one of the most important revenue sources. The County is divided into numerous taxing districts, like school, library, or municipality districts, all of which rely heavily on property tax revenue. Every year, each district in Cook County submits a property tax levy based on its projected expenditures. In 2018,... 2023
Julie Gilgoff OPPORTUNITY TO PURCHASE POLICIES: PRESERVING THE AFFORDABILITY OF MANUFACTURED HOME COMMUNITIES 68 Villanova Law Review 405 (2023) Manufactured homes, otherwise known as mobile homes, are one of the last vestiges of truly affordable housing in the United States. With funding drying up for government-subsidized rental programs, manufactured homes are an attractive form of naturally occurring affordable housing that enable low-income communities to attain homeownership and... 2023
Robin Feldman PATENTS AS PROPERTY FOR THE TAKINGS 12 NYU Journal of Intellectual Property and Entertainment Law 198 (Spring, 2023) The Fifth Amendment's Compensation Clause contains only a few simple words: nor shall private property be taken for public use without just compensation. Yet these simple words have confounded legal minds for over 200 years, and as Congress has contemplated various patent law reforms in recent decades, the specter of the Fifth Amendment looms on... 2023
Rachel F. Moran PERSONHOOD, PROPERTY, AND PUBLIC EDUCATION: THE CASE OF PLYLER v. DOE 123 Columbia Law Review 1271 (June, 2023) Property law is having a moment, one that is getting education scholars' attention. Progressive scholars are retooling the concepts of ownership and entitlement to incorporate norms of equality and inclusion. Some argue that property law can even secure access to public education despite the U.S. Supreme Court's longstanding refusal to recognize a... 2023
Maeve Hyer PHYSICAL SPORTS NEEDING VIRTUAL BOUNDARIES? AN ANALYSIS OF INTELLECTUAL PROPERTY ISSUES ARISING FROM SPORT NFTS 30 Jeffrey S. Moorad Sports Law Journal 91 (2023) Sports have long been understood to have loyal and loving fans. Sporting memorabilia generates roughly $5.4 billion annually. Whether player's jerseys or signed trading cards, the sports industry is no stranger to big spenders for coveted mementos from historic games. The metaverse is a niche concept of the tech world that recently exploded in... 2023
Carolyn Mitchell PLAYING CATCH-UP: LAWS PROTECTING CULTURAL PROPERTY IN THE UNITED STATES NEED AN UPDATE 97 Tulane Law Review Online 1 (June, 2023) I. Introduction. 2 II. Historical Attempts at Creating Effective Laws to Protect Cultural Property. 4 A. The Evolution of International Laws Protecting Cultural Property. 4 B. How Responsive Cultural Property Laws Are to Concomitant Societal Awareness. 11 III. Laws Protecting Cultural Property in the United States. 13 IV. How the United States... 2023
Andrea Uhlig , William Bellamy , Megan Amos , Donna Bernstein , Jennifer Brause , Erin Morin , Anne Corrigan , Frank Curriero , Paul Locke PREVENTING EVICTION AND HOUSING LOSS: TAKING ADVANTAGE OF A ONE HEALTH APPROACH AND THE HUMAN-COMPANION ANIMAL BOND 26 Journal of Health Care Law and Policy 181 (2023) Housing loss is at epidemic proportions in the United States, especially in cities like Baltimore, Maryland. Baltimore has a high rate of housing eviction and housing loss. According to a report released by the Public Justice Center, an average of 6,880 evictions have occurred annually in the city since 2012. Eviction rates tend to be high among... 2023
David Ray Papke PRIVATE RETIREMENT COMMUNITIES: THE MARKETING AND CONSUMPTION OF AGE-SEGREGATED HOUSING FOR OLDER AMERICANS 10 Belmont Law Review 326 (Spring, 2023) Introduction. 326 I. Private Retirement Community Marketing and Consumption. 327 II. Criticisms under the Fair Housing Act and Subsequent Reforms. 335 III. The Failure of Private Retirement Community Housing. 342 Conclusion. 351 2023
Jonathan Bertulis-Fernandes PROGRESSIVE PROPERTY THEORY AND THE WICKED PROBLEM OF HOMELESSNESS: THE CASE FOR A NATIONAL RIGHT TO SHELTER 64 Boston College Law Review 1681 (October, 2023) Abstract: The United States is experiencing an unparalleled affordable housing and homelessness crisis, and at least 580,000 people are forced to live unhoused each year. Despite this crisis, no federal law has established a right to shelter and the Supreme Court has not yet recognized a constitutional right to housing. In the absence of a national... 2023
Aziz Z. Huq PROPERTY AGAINST LEGALITY: TAKINGS AFTER CEDAR POINT 109 Virginia Law Review 233 (April, 2023) In the American constitutional tradition, a zealous judicial defense of property is closely aligned with the idea of the rule of law. Conventional wisdom holds that the Takings Clause of the Fifth Amendment vindicates both property rights and the rule of law by foreclosing arbitrary, lawless state action. But the standard story linking property... 2023
Timothy M. Mulvaney , LaToya Baldwin Clark PROPERTY AND EDUCATION 123 Columbia Law Review 1189 (June, 2023) I. Educational Boundaries. 1191 II. Educational Justice. 1194 III. Educational Resources. 1199 IV. Conclusion. 1200 2023
Bethany R. Berger PROPERTY AND THE RIGHT TO ENTER 80 Washington and Lee Law Review 71 (Winter, 2023) On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, holding that laws that authorize entry to land are takings without regard to duration, impact, or the public interest. The decision runs roughshod over precedent, but it does something more. It undermines the important place of rights to enter in preserving the virtues of... 2023
Meghan L. Morris PROPERTY AND THE SOCIAL LIFE OF THINGS 97 Tulane Law Review 403 (February, 2023) What are the things of property? Recent debates in property scholarship have drawn a line in the sand between a theory of property as the law of things and a theory of property as social relations. The project to define property as the law of things, rather than a bundle of rights, is important. Property scholars intent on parsing its social... 2023
Jack H.L. Whiteley PROPERTY IN WOLVES 108 Cornell Law Review 617 (March, 2023) From colonial times until the mid-twentieth century, governments paid bounties to extirpate wolves, mountain lions, and other ecologically important wild animals. Clearing the wild was a sustained legislative project. I argue that these bounty statutes have implications for the history and theory of property. The statutes, in their intent and... 2023
Elise Gibbens PROPERTY RICH AND MONEY POOR: AN ANALYSIS OF THE UNIFORM PARTITION OF HEIRS' PROPERTY ACT AND DISCUSSION OF ITS BENEFITS THROUGH A NATIONWIDE IMPLEMENTATION 24 Loyola Journal of Public Interest Law 63 (Spring, 2023) The Uniform Partition of Heirs' Property Act (UPHPA) was created in 2010 to ensure protection for landowners of property that has been passed down throughout generations. Unfortunately, family members often lack the requisite title to their land when it has been passed to them by their ancestors. Thus, they are unable to defend themselves when a... 2023
Ralph C. Brashier PROPERTY RIGHTS AND GRAVES 108 Iowa Law Review 1149 (March, 2023) Let's talk of graves, of worms, and epitaphs; . And nothing can we call our own but death And that small model of the barren earth Which serves as paste and cover to our bones. --WILLIAM SHAKESPEARE, RICHARD II, act 3, sc. 2 ABSTRACT: The ability to acquire the landownership rights of another through adverse possession is a fundamental part of... 2023
Makenzie Stuard PROPERTY TAXIDERMY: HOW PROPERTY TAX LENDERS DO FALL UNDER THE TRUTH IN LENDING ACT (TILA), AND HOW, TO HOLD OTHERWISE ALLOWS THE INDUSTRY TO PREY ON AND MAINTAIN COMMUNITIES OF COLOR 29 Texas Hispanic Journal of Law and Policy 1 (Spring, 2023) Apex predators shape and influence the ecosystem in which they live. They are built to serve their own interests. As observers, we study their habitats and lifestyles with wonder, but in that observation, we also see the destruction they can wreak havoc when unrestrained. In the natural environment, apex predators are incentivized to hunt animals... 2023
Stephen R. Munzer PROPERTY THEORY AND CONTEMPORARY MARXISM 32 Southern California Interdisciplinary Law Journal 277 (Winter, 2023) Michael Hardt and Antonio Negri, notable Marxist political theorists, advance a theory that moves well beyond both capitalist property and socialist property. Their theory proposes an arrangement, called the common, that so maximizes sharing as to be almost a nonproperty system. From these dizzying heights, Hardt and Negri show unexpected interest... 2023
  PROPERTY--REPARATIONS VIA REMEDIAL INTERVENTIONS-- SUPREME JUDICIAL COURT OF MASSACHUSETTS HOLDS DESCENDANT LACKS PROPERTY RIGHTS IN IMAGES OF ENSLAVED ANCESTORS.--LANIER v. PRESIDENT & FELLOWS OF HARVARD COLLEGE, 191 N.E.3D 1063 (MASS. 2022) (IMAGES OF E 136 Harvard Law Review 2192 (June, 2023) Lawsuits seeking compensation for injuries stemming from the institution of American chattel slavery face an uphill battle. From the absence of congressionally authorized remedies to procedural bars on common law claims, prospective plaintiffs must confront a system ill-suited to provide redress for the legacy of slavery. Recently, in Lanier v.... 2023
Adam Cowing RACE AND (DE)VALUATION IN HOUSING MARKETS 31 Journal of Affordable Housing & Community Development Law 305 (2023) Race Brokers: Housing Markets and Segregation in 21st Century Urban America Elizabeth Korver-Glenn Oxford University Press (2021) 240 pages; $99.00 (cloth); $27.95 (paper); $9.99 (ebook) As rising housing costs demand national attention, there is growing momentum to liberalize land use policies to improve affordability and remedy past exclusion.... 2023
Charles S. Bullock, III , Charles M. Lamb , Eric M. Wilk RACE, ETHNICITY, AND FAIR HOUSING ENFORCEMENT: A REGIONAL ANALYSIS 37 BYU Journal of Public Law 187 (2023) This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and... 2023
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