Rigel C. Oliveri BEYOND DISPARATE IMPACT: HOW THE FAIR HOUSING MOVEMENT CAN MOVE ON 54 Washburn Law Journal 625 (Summer 2015) Disparate impact theory is a vital tool for fair housing advocates. It allows them to challenge institutional behaviors that harm minority groups and municipal practices that perpetuate long-standing segregated patterns, without having to go through the often impossible process of identifying a specific bad actor with explicitly discriminatory... 2015
Lua Kamál Yuille BLOOD IN, BUYOUT: A PROPERTY & ECONOMIC APPROACH TO STREET GANGS 2015 Wisconsin Law Review 1049 (2015) This article offers a fresh analysis of and solution to problems modern American street gangs present. Common wisdom dictates that, since they commit crimes, gangs should be understood and combatted through criminal sanctions. Popular interventions, like gang injunctions, expand that punitive orientation into civil strategies. But, gang criminality... 2015
Rose Cuison Villazor CHAE CHAN PING V. UNITED STATES: IMMIGRATION AS PROPERTY 68 Oklahoma Law Review 137 (Fall, 2015) There is arguably no other case that is more familiar to immigration legal scholars than Chae Chan Ping v. United States. Chae Chan Ping, a Chinese laborer and long-term non-citizen resident of the United States found himself excluded at the border after a trip to China. Border officers denied him entry under an amendment to the Chinese Exclusion... 2015
Stefania Boscarolli CHARACTERIZATION OF SEPARATE PROPERTY WITHIN THE COMMUNITY PROPERTY SYSTEMS OF THE UNITED STATES AND ITALY: AN IDEAL APPROACH? 19 Gonzaga Journal of International Law 1 (December 26, 2015) Italy and some U.S. states follow a similar community property regime for the division of property between spouses. Nonetheless, U.S. community property systems represent a minority approach. In only nine states do spouses own their property as community property, with the majority of states following a separate property --or common law-- system.... 2015
Lahny R. Silva COLLATERAL DAMAGE: A PUBLIC HOUSING CONSEQUENCE OF THE "WAR ON DRUGS" 5 UC Irvine Law Review 783 (November, 2015) Often automatic upon a conviction, collateral consequences work to relegate individuals to the status of second-class citizen by the systematic deprivation of opportunity in all aspects of life. Shockingly, these penalties are not aimed solely at ex-offenders. Individuals arrested frequently are denied access to opportunity by virtue of their... 2015
Shelly Kreiczer-Levy CONSUMPTION PROPERTY IN THE SHARING ECONOMY 43 Pepperdine Law Review 61 (2015) Various doctrines from different areas of the law provide special legal protection for property that is produced and used for personal use, creating the legal category of consumption property. Zoning, criminal procedure, discrimination, foreclosure and bankruptcy, taxes, and eminent domain all treat property for consumption differently than... 2015
Jootaek Lee CONTEMPORARY LAND GRABBING: RESEARCH SOURCES AND BIBLIOGRAPHY 107 Law Library Journal 259 (Spring, 2015) This article investigates issues related to contemporary land grabbing. First it defines contemporary land grabbing and identifies the difficulties of research. Next, it delineates various mechanisms and international principles that can be useful in protecting those affected by contemporary land grabs. Finally, it selectively reviews current... 2015
Ruth L. Okediji CONTRACTS, PERSONS AND PROPERTY: A TRIBUTE TO MARGARET JANE RADIN 22 Michigan Telecommunications and Technology Law Review 143 (Fall, 2015) This manuscript may be accessed online at In 2011, the United States was only just beginning to emerge from what some claimed to be the most significant economic crisis since the Great Depression. The devastation wrought by unregulated subprime mortgages unfolded as a political, legal, financial and social tragedy.... 2015
Lateef Mtima COPYRIGHT AND SOCIAL JUSTICE IN THE DIGITAL INFORMATION SOCIETY: "THREE STEPS" TOWARD INTELLECTUAL PROPERTY SOCIAL JUSTICE 53 Houston Law Review 459 (2015) Copyright law and policy makers around the world have proven quite adept at identifying, exploiting, and promoting the social utility benefits made available through advances and innovations in digital information technology. Courts have played a critical role in achieving this progress, particularly through the use of various copyright social... 2015
Amanda Werner CORPORATIONS ARE (WHITE) PEOPLE: HOW CORPORATE PRIVILEGE REIFIES WHITENESS AS PROPERTY 31 Harvard Journal on Racial & Ethnic Justice 129 (Spring 2015) In 1993, renowned legal scholar and Critical Race theorist Cheryl Harris's Whiteness as Property examined how property rights interact with and reinforce race. Harris documents how the American property regime developed in tandem with conceptions of race to inhere the white identity with protected legal value, shaping historical patterns of... 2015
Donald J. Kochan DEALING WITH DIRTY DEEDS: MATCHING NEMO DAT PREFERENCES WITH PROPERTY LAW PRAGMATISM 64 University of Kansas Law Review 1 (November, 2015) An organizing principle of the rule of law based on individualism and order is expressed by the Latin maxim nemo dat quod non habet (hereinafter nemo dat for shorthand)--roughly translated to mean that one can only give what they have or one can only transfer what they own. It is a matter of only being permitted to do what is within your legal... 2015
Ezra Rosser DESTABILIZING PROPERTY 48 Connecticut Law Review 397 (December, 2015) Property theory has entered into uncertain times. Conservative and progressive scholars are, it seems, fiercely contesting everything, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is about whether property law works. Conservatives believe that property law works. Progressives believe... 2015
Kali Murray DISPOSSESSION AT THE CENTER IN PROPERTY LAW 2 Savannah Law Review 201 (2015) My mother took my sister and me to plantations for our summer vacations: Destrehan Plantation in Destrehan, Louisiana; Mount Vernon Plantation in Mount Vernon, Virginia; and Monticello Plantation in Charlottesville, Virginia. On these trips, we would receive a guided tour of the owner's house, the owner's grounds, and the owner's fields. There,... 2015
  FAIR HOUSING ACT--DISPARATE IMPACT AND RACIAL EQUALITY--TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT, INC. 129 Harvard Law Review 321 (November, 2015) Over the last decade, the Supreme Court has repeatedly restricted the ability of public actors to consider race when taking remedial steps to repair racial disparities in society. One case, Ricci v. DeStefano, limited Title VII's disparate-impact doctrine --which directs courts to consider the racial effects of facially neutral practices--and left... 2015
Margaret Moore Jackson FAIR HOUSING IN BOOM TIMES AND BEYOND 91 North Dakota Law Review 513 (2015) The decade-long boom in oil extraction activities in North Dakota propelled a dramatic turnaround in the state's previously staid economic conditions, but also imposed social challenges. One obvious dilemma was how to provide adequate housing for the drastically expanded population in remote, oil-producing counties that did not have nearly enough... 2015
Robert G. Schwemm FAIR HOUSING LITIGATION AFTER INCLUSIVE COMMUNITIES: WHAT'S NEW AND WHAT'S NOT 115 Columbia Law Review Sidebar 106 (September 18, 2015) On June 25, 2015, the Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (Inclusive Communities or ICP) that parts of the federal Fair Housing Act (FHA) include a disparate-impact standard of liability. This standard allows liability without a showing of illegal intent and traces back to... 2015
Philip T.K. Daniel, J.D., Ed.D. and Jeffrey C. Sun, J.D., Ph.D. FALLING SHORT IN SHELTERING HOMELESS STUDENTS: SUPPORTING THE STUDENT ACHIEVEMENT PRIORITY THROUGH THE MCKINNEY–VENTO ACT 312 West's Education Law Reporter 489 (2/26/2015) Homelessness of school agedstudents is a significant problem in the United States. According to the National Center for Homeless Education, nearly 1.17 million students were homeless during the 20112012 school year. Just two years earlier, that number was 940,000, demonstrating an increase of 24% in two years. Viewed another way, the ratio of... 2015
Adrien Fernandez FEATURE ARTICLE FINDING COMMON GROUND: EXPLORING WHETHER GENTRIFICATION AND PUBLIC HOUSING CAN CO-EXIST 21 Public Interest Law Reporter 23 (Fall 2015) Chicago has had a long and sordid history with racial discrimination in public housing. In June 2015, the United States Supreme Court held that people could now bring discrimination claims for housing by establishing a discriminatory effect, instead of intentional discrimination. This distinction is so crucial because now a discrimination claim can... 2015
Hannah Weinstein FIGHTING FOR A PLACE CALLED HOME: LITIGATION STRATEGIES FOR CHALLENGING GENTRIFICATION 62 UCLA Law Review 794 (March, 2015) Since the passage of the 1968 Fair Housing Act (FHA), there have been clear legal tools and strategies for combating segregation and promoting diverse cities and towns. While the FHA and zoning laws have been used successfully to ensure that formerly all-white city neighborhoods and towns are accessible to diverse residents, a new problem is... 2015
Priya S. Gupta GOVERNING THE SINGLE-FAMILY HOUSE: A (BRIEF) LEGAL HISTORY 37 University of Hawaii Law Review 187 (Winter, 2015) This Article investigates connections between the extensive New Deal law and regulation that led to the proliferation of single-family detached houses and the continuing racial disparities in housing security and ownership in the United States. Too often, the pervasiveness of the single-family house as the ideal form of ownership and racial... 2015
Leigh Goodmark HANDS UP AT HOME: MILITARIZED MASCULINITY AND POLICE OFFICERS WHO COMMIT INTIMATE PARTNER ABUSE 2015 Brigham Young University Law Review 1183 (2015) The deaths of Michael Brown and Eric Garner and the almost daily news stories about abusive and violent police conduct are currently prompting questions about the appropriate use of force by police officers. Moreover, the history of police brutality directed towards women is well-documented. Most of that literature, however, captures the violence... 2015
Sarah Swan HOME RULES 64 Duke Law Journal 823 (February, 2015) Thousands of American cities and towns are responding to social problems like bullying, drug abuse, and criminality by passing ordinances that hold individuals responsible for the wrongful acts of their family members and friends. Parental liability ordinances impose sanctions on parents when their children engage in bullying or other targeted... 2015
Rashmi Dyal-Chand HOUSING AS HOLDOUT: SEGREGATION IN AMERICAN NEIGHBORHOODS 50 Tulsa Law Review 329 (Winter 2015) Jeannine Bell, Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing (2013). Pp. 259. Hardcover $ 30.00. Richard R. W. Brooks & Carol M. Rose, Saving the Neighborhood: Racially Restrictive Covenants, Law, and Social Norms (2013). Pp. 304. Hardcover $ 49.95. Douglas S. Massey et al., Climbing Mount Laurel:... 2015
John J. Infranca HOUSING RESOURCE BUNDLES: DISTRIBUTIVE JUSTICE AND FEDERAL LOW-INCOME HOUSING POLICY 49 University of Richmond Law Review 1071 (May, 2015) Less than one in four income-eligible households receives some form of rental assistance from the federal government. In contrast with other prominent public benefit programs--including Temporary Aid to Needy Families (TANF) and unemployment insurance--no time limit is placed on the assistance provided through the Department of Housing and Urban... 2015
Matthew Desmond, Monica Bell HOUSING, POVERTY, AND THE LAW 11 Annual Review of Law and Social Science 15 (2015) residential instability, eviction, homelessness, inequality, environment Throughout much of the late twentieth century, social scientists and legal scholars focused considerable attention on low-income housing and landlord-tenant law. In recent years, however, interest in housing has waned, leaving many questions fundamental to the poverty debate... 2015
Philip Lee IDENTITY PROPERTY: PROTECTING THE NEW IP IN A RACE-RELEVANT WORLD 117 West Virginia Law Review 1183 (Spring, 2015) I. Introduction. 1184 II. The Socio-Legal Construction of Race in America. 1185 A. The Legal Protection of Whiteness and Degradation of Non-White Status. 1185 1. Non-Whiteness as a Bar to Legal Rights. 1186 2. Non-Whiteness as a Bar to Naturalization. 1187 3. Non-Whiteness as Reputational Harm to White People. 1190 4. Non-Whiteness as a Bar to... 2015
Kara W. Swanson INTELLECTUAL PROPERTY AND GENDER: REFLECTIONS ON ACCOMPLISHMENTS AND METHODOLOGY 24 American University Journal of Gender, Social Policy and the Law 175 (2015) I. INTRODUCTION. 175 II. Accomplishments. 177 A. Generating Scholarship and Creating Connections. 177 B. Scholarly Contributions. 182 1. Analyzing Gender Disparity. 183 2. Analyzing the Application of IP Doctrines to Gendered and Sexualized Subject Matter. 184 3. Analyzing IP Doctrines as Gendered. 185 III. Beyond Accomplishments. 186 A.... 2015
Sharon D. Stuart IS THE WAIT ALMOST OVER? THE INSURANCE INDUSTRY WATCHES AS THE U.S. SUPREME COURT FINALLY CONSIDERS WHETHER THE FAIR HOUSING ACT ALLOWS CLAIMS FOR DISCRIMINATORY IMPACT 82 Defense Counsel Journal 199 (April, 2015) This article originally appeared in the January 2015 Insurance and Reinsurance Committee newsletter. AS the case of Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. has wound its way through the district and appellate courts and on to the U.S. Supreme Court, the insurance industry has been closely... 2015
James J. Kelly, Jr. JUST, SMART: CIVIL RIGHTS PROTECTIONS AND MARKET-SENSITIVE VACANT PROPERTY STRATEGIES 23 Journal of Affordable Housing & Community Development Law 209 (2015) C1-3Contents I. Civil Rights Protections Related to Community Development. 212 A. Fourteenth Amendment. 212 B. Fair Housing Act. 213 C. 42 U.S.C. § 1982. 216 D. Antidiscrimination Requirements of Federal Funding Programs. 218 E. Summary. 219 II. Civil Rights Concerns About Market-Sensitive Vacant Property Strategies. 220 A. Disparate Treatment... 2015
  KEEPING CURRENT--PROPERTY 29-AUG Probate and Property 33 (July/August, 2015) Keeping Current--Property offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers. CONSTRUCTION CONTRACTS: Implied warranty of workmanlike quality applies to dwellings, not to unimproved residential lots. A home building and landscaping business... 2015
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