Geoffrey Leonard IN OUR BACK YARDS: DISMANTLING SEGREGATION BY INCENTIVIZING REGIONAL COLLABORATION UNDER THE FAIR HOUSING ACT'S AFFIRMATIVELY FURTHERING FAIR HOUSING PROVISION 22 Georgetown Journal on Poverty Law and Policy 165 (Fall, 2014) America in the twenty-first century has become increasingly geographically mobile and ethnically diverse. Yet, paradoxically, black ghettos--spatially isolated high-poverty neighborhoods that are predominantly black--remain central features of the American metropolitan landscape. The results of the 2010 census indicate that, while diversity has... 2014
Alexander B. Lutzky IN PURSUIT OF JUST COMPENSATION IN TEXAS: ASSESSING DAMAGES IN TAKINGS CASES USING THE PROPERTY'S TAX-APPRAISED VALUE 46 Saint Mary's Law Journal 105 (2014) I. Introduction. 106 II. Eminent Domain Law and Texas. 107 A. Highest and Best Use Doctrine. 109 B. Property Tax Valuation in Texas in Brief. 111 III. Analysis. 114 A. The Current Trend: Curtail Use of Eminent Domain and Protect Landowners. 114 B. The Identical Aims of the Condemnation and Property Tax Valuation Process. 116 C. Benefiting from... 2014
Shelly Kreiczer-Levy INTERGENERATIONAL RELATIONS AND THE FAMILY HOME 8 Law & Ethics of Human Rights 131 (May, 2014) Abstract: This article examines the issue of intergenerational cohabitation in the family home. Its primary purpose is to demonstrate that current analysis of internal conflicts in the home is lacking, both in terms of identifying the parties' interests and characterizing the tensions involved. It focuses on a specific three-way conflict between... 2014
  KEEPING CURRENT--PROPERTY 28-JUN Probate and Property 17 (May/June, 2014) 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: Lender is entitled to condemnation proceeds for damages to residue, but only up to amount of indebtedness. EMI owned a 12-acre parcel that was covered by... 2014
Zoe Ann Olson KNOWING FAIR HOUSING LAWS PROMOTES INCLUSIVENESS 57-APR Advocate 22 (March/April, 2014) Fair housing is best described as building a community in which all persons have access to a healthy environment they can enjoy. The Intermountain Fair Housing Council (IFHC) is a nonprofit organization whose mission is to ensure open and inclusive housing for all people throughout Idaho. As a community, we have the power to bring attention to... 2014
Dina Kopansky LOCKED OUT: HOW THE DISPROPORTIONATE CRIMINALIZATION OF TRANS PEOPLE THWARTS EQUAL ACCESS TO FEDERALLY SUBSIDIZED HOUSING 87 Temple Law Review 125 (Fall, 2014) Low-income trans people living at intersections of marginalization face heightened surveillance, violence, policing, and resultant interactions with the criminal justice system as a daily reality. Often already balancing unemployment, long-term poverty, and homelessness, such disproportionate criminalization is one more barrier to survival for... 2014
Christopher J. Tyson MUNICIPAL IDENTITY AS PROPERTY 118 Penn State Law Review 647 (Winter 2014) Detroit is bankrupt, and very little of the theorizing and editorializing about this watershed event has contemplated municipal boundary law as a contributing factor. To the extent that it has, the analysis fails to grasp how essential municipal boundaries are to the creation of economic and social value in the modern metropolis. It has been almost... 2014
Jorge L. Contreras NO MATTER HOW SMALL . PROPERTY, AUTONOMY, AND STATE IN HORTON HEARS A WHO! 58 New York Law School Law Review 603 (2013/2014) Dr. Seuss's Horton Hears a Who. has long been viewed as a parable of human equality and dignity. Published in 1954, the same year as the U.S. Supreme Court's landmark anti-discrimination decision in Brown v. Board of Education, Horton's famous refrain, A person's a person, no matter how small, elegantly reflects the egalitarian principles... 2014
Jean M. Zachariasiewicz NOT WORTH THE RISK: THE LEGAL CONSEQUENCES OF THE REFUSAL TO INSURE PROPERTIES WITH SECTION 8 TENANTS 33 No. 11 Banking & Financial Services Policy Report 19 (November, 2014) The willingness of insurance providers to issue policies to landlords who accept tenants using Section 8 vouchers is an issue at the intersection of fair housing and the insurance industry that is gaining prominence. Private investigation and action around this issue is taking place across the country, as evidenced by lawsuits in state and federal... 2014
Jess Kyle OF CONSTITUTIONS AND CULTURES: THE BRITISH RIGHT TO ROAM AND AMERICAN PROPERTY LAW 44 Environmental Law Reporter News & Analysis 10898 (October, 2014) Jess Kyle is a J.D. Candidate, University of Maryland Francis King Carey School of Law, 2015. This Article won Honorable Mention in the 2013-2014 Beveridge & Diamond Constitutional Environmental Law Writing Competition. In 2000, England enacted the Countryside and Rights of Way Act, which provides the public the right to roam on certain private... 2014
Imani Jackson ON V. STIVIANO, DONALD STERLING'S COMPANION: EXPLORING WHITENESS AS PROPERTY 10 Florida A & M University Law Review 245 (Fall 2014) Introduction. 245 I. The Problem: White Male Institutions and Individuals Have Historically Established Black and Latina Women's Identity, Which Positions These Women at Risk of Physical and Reputational Harms. 251 II. Why the Master's Conduit Lacks Associative Freedom. 255 III. If Blackness is Property, then Black Men Own Larger Shares than Black... 2014
Desiree C. Hensley OUT IN THE COLD: THE FAILURE OF TENANT ENFORCEMENT OF THE LOW-INCOME HOUSING TAX CREDIT 82 University of Cincinnati Law Review 1079 (Summer, 2014) I. Introduction. 1080 II. Where the Southern Crossed the Dog Sunflower County, Mississippi. 1082 III. Affordable Housing for the Poor Is an Ever-Expanding Need. 1083 IV. The Low-Income Housing Tax Credit: America's Largest Corporate Tax Shelter Is Also America's Main Vehicle for Affordable Housing Production. 1086 V. Low-Income Housing Production,... 2014
Rashmi Dyal-Chand PRAGMATISM AND POSTCOLONIALISM: PROTECTING NON-OWNERS IN PROPERTY LAW 63 American University Law Review 1683 (August, 2014) Property law has a particular problem with non-owners. Although property law clearly identifies the rights of property owners, the rights of non-owners are vague. This problem is significant because modern property law is often called upon to balance the rights and needs of owners and non-owners. Property law cannot adequately perform this... 2014
Seth Davis PRESIDENTIAL GOVERNMENT AND THE LAW OF PROPERTY 2014 Wisconsin Law Review 471 (2014) This Article introduces a phenomenon that has been overlooked in the literature on property lawmaking: presidential governance of property law. On the conventional account, contributing to the development of the property system is about the last thing we would expect to see presidents doing. Yet the president is uniquely situated to treat property... 2014
Anne Marie Smetak PRIVATE FUNDING, PUBLIC HOUSING: THE DEVIL IN THE DETAILS 21 Virginia Journal of Social Policy and the Law 1 (Winter 2014) Public housing, an important component of the social safety net, has long been plagued by insufficient funding. A new federal program seeks to solve the funding challenges by opening public housing to private investment; quite literally, to mortgage public housing in order to save it. Coming, as it does, on the heels of a national foreclosure... 2014
John M. Lerner PRIVATE RIGHTS UNDER THE HOUSING ACT: PRESERVING RENTAL ASSISTANCE FOR SECTION 8 TENANTS 34 Boston College Journal of Law & Social Justice 41 (Winter, 2014) Abstract: The Housing Choice Voucher Program provides low-income families with federally funded rental assistance. In order to receive rental assistance, tenants and landlords must maintain units in compliance with the Housing Quality Standards promulgated by the United States Housing Act. A failure by either party to comply with the Housing... 2014
Timothy M. Mulvaney PROGRESSIVE PROPERTY MOVING FORWARD 5 California Law Review Circuit 349 (September, 2014) Introduction. 349 I. Rosser on Progressive Property. 351 A. An Introduction to Progressive Property. 351 B. Rosser's Critique. 352 C. Rosser and Property's Potential. 355 II. Progressive Property Moving Forward. 358 A. Transparency. 358 B. Humility. 361 C. Identity. 366 D. Transparency, Humility, and Identity: A Brief Illustration. 369 2014
Cornelius J. Murray IV PROMOTING "INCLUSIVE COMMUNITIES": A MODIFIED APPROACH TO DISPARATE IMPACT UNDER THE FAIR HOUSING ACT 75 Louisiana Law Review 213 (Fall, 2014) Introduction. 214 I. Disparate Impact Theory: What it is and Where it Came From. 219 A. Disparate Treatment. 220 B. Disparate Impact. 221 C. The Origins of Disparate Impact in Employment Law. 222 1. Early Inklings of Disparate Impact. 222 2. Supreme Court Approval of Disparate Impact. 224 D. The Development of Disparate Impact in the Fair Housing... 2014
Anna Di Robilant PROPERTY AND DEMOCRATIC DELIBERATION: THE NUMERUS CLAUSUS PRINCIPLE AND DEMOCRATIC EXPERIMENTALISM IN PROPERTY LAW 62 American Journal of Comparative Law 367 (Spring 2014) First-year law students soon become familiar with the numerus clausus principle in property law. The principle holds that there is a limited menu of available standard property forms (the estates, the different types of common or joint ownership, the different types of servitudes) and that new forms are hardly ever introduced. Over the last fifty... 2014
Joseph William Singer PROPERTY AS THE LAW OF DEMOCRACY 63 Duke Law Journal 1287 (March, 2014) In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which modular property rights reduce information costs and promote both property use and transfer. I applaud Smith's insistence that... 2014
Brenna Bhandar PROPERTY, LAW, AND RACE: MODES OF ABSTRACTION 4 UC Irvine Law Review 203 (March, 2014) I. Slavery, Whiteness, and Great Expectations. 206 II. Slavery, Property, and Fictitious Capital. 213 III. Conclusion: Capital, Race, and Property. 217 the some of negroes over board the rest in lives drowned exist did not in themselves preservation obliged frenzy thirst for forty others etc 2014
Gregory S. Alexander PROPERTY'S ENDS: THE PUBLICNESS OF PRIVATE LAW VALUES 99 Iowa Law Review 1257 (March, 2014) ABSTRACT: Property theorists commonly suppose that property has as its ends certain private values, such as individual autonomy and personal security. This Essay contends that property's real end is human flourishing, that is, living a life that is as fulfilling as possible. Human flourishing, although property's ultimate end, is neither monistic... 2014
Florence Wagman Roisman PROTECTING HOMEOWNERS FROM NON-JUDICIAL FORECLOSURE OF MORTGAGES HELD BY FANNIE MAE AND FREDDIE MAC 43 Real Estate Law Journal 125 (Fall, 2014) His experience . had disabused him of any hope that the government would intercede to prevent rich corporations from doing bad things to poor people. Michael Lewis, The Big Short: Inside the Doomsday Machine at 155 (2010) (writing about Steve Eisman) Between 2008 and 2014, millions of homeowners in the United States lost their homes through... 2014
Amanda Tillotson RACE, RISK AND REAL ESTATE: THE FEDERAL HOUSING ADMINISTRATION AND BLACK HOMEOWNERSHIP IN THE POST WORLD WAR II HOME OWNERSHIP STATE 8 DePaul Journal for Social Justice 25 (Winter 2014) The existence of a property-owning majority in the United States was the result of federal institutional intervention in the period after World War II. This intervention both reduced the risks assumed by mortgage lenders and changed the terms on which mortgages were offered. By underwriting mortgages issued by lending institutions, the Federal... 2014
Dawn E. Jourdan, Anne L. Ray, Elizabeth A. Thompson, Kristen Dikeman RELOCATING FROM SUBSIDIZED HOUSING IN FLORIDA: ARE RESIDENTS MOVING TO OPPORTUNITY? 22 Journal of Affordable Housing & Community Development Law 155 (2014) Just as the HOPE VI program resulted in the loss of numerous public housing units, privately owned units of rental housing, subsidized as a part of HUD or USDA programs in the 1970s and 1980s, are now leaving the affordable housing inventory as a result of the expiration of the government subsidy. These units are being converted to market-rate... 2014
Caroline Joan S. Picart RETHINKING RESISTANCE: REFLECTIONS ON THE CULTURAL LIVES OF PROPERTY, COLLECTIVE IDENTITY, AND INTELLECTUAL PROPERTY 47 John Marshall Law Review 1349 (Summer, 2014) I. Prologue. 1349 II. Reflections on Intersectionalities: Strategies of Resistance in Relation to Narrative, Property, and Collective Identity. 1350 III. Strategies of Resistance in Relation to Copyright and Choreography in American Dance. 1358 IV. Conclusion. 1368 2014
Daniel Fitzpatrick, Susana Barnes RULES OF POSSESSION REVISITED: PROPERTY AND THE PROBLEM OF SOCIAL ORDER 39 Law and Social Inquiry 127 (Winter, 2014) This article explores two propositions in the literature on rules of possession. The first is that rules of first possession may form the basis for spontaneous order. The article argues that this Hayekian proposition must take into account the relationship between property and authority, including the potential for social disorder when... 2014
Melissa Rothstein, Megan K. Whyte de Vasquez TEETH IN THE TIGER: ORGANIZATIONAL STANDING AS A CRITICAL COMPONENT OF FAIR HOUSING ACT ENFORCEMENT 7 DePaul Journal for Social Justice 179 (Spring 2014) Since the passage of the Civil Rights Act of 1964, Congress has recognized the need for strong laws that protect the right to equal treatment and access to goods and services and the pivotal role that private litigation plays in enforcing these rights. Congress emphasized the critical role of fair housing through the passage of Title VIII of the... 2014
John Baber THANK YOU SIR, MAY I HAVE ANOTHER: THE ISSUE OF THE UNSUSTAINABILITY OF LOW INCOME HOUSING TAX CREDITS AND PROPOSED SOLUTIONS 4 University of Baltimore Journal of Land and Development 39 (Fall, 2014) The Federal Low-Income Housing Tax Credit (LIHTC) program is currently the nation's largest federal subsidy for the development and rehabilitation of affordable housing, having created or preserved over 2.5 million housing units and distributed over $7.5 billion in federal tax credits to developers of and investors in affordable housing from the... 2014
Priya S. Gupta THE AMERICAN DREAM, DEFERRED: CONTEXTUALIZING PROPERTY AFTER THE FORECLOSURE CRISIS 73 Maryland Law Review 523 (2014) In a few short years, the American Dream has dried up like a raisin in the sun. Massive foreclosures of the mid-to-late 2000s have left the status of the American Dream of homeownership in serious question. In this paper, I argue that in order to formulate new federal housing and homeownership policy goals, the underlying vision of property rights... 2014
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