Author | Title | Citation | Summary | Year |
Nikki Leon |
PATHWAYS FROM PACIFIC SHORES: THE POWER OF "DIRECT" PROOF OF DISPARATE TREATMENT IN GROUP HOME LITIGATION |
39 Thomas Jefferson Law Review 33 (Fall, 2016) |
C1-3Table of Contents I. INTRODUCTION. 34 II. GROUP HOMES AND THEIR MUNICIPAL REGULATION. 37 A. The Necessity of Group Homes. 37 B. Stigma and Costs Associated with Group Homes. 40 C. Approaches to Municipal Regulation of Group Homes. 42 III. THE FHAA AND ITS APPLICATION IN LITIGATION INVOLVING ZONING AND GROUP HOMES. 46 A. History and Aims of the... |
2016 |
Brian J. Connolly |
PROMISE UNFULFILLED? ZONING, DISPARATE IMPACT, AND AFFIRMATIVELY FURTHERING FAIR HOUSING |
48 Urban Lawyer 785 (Fall, 2016) |
On June 28, 2016 the Board Of County Commissioners of Douglas County, Colorado, a wealthy suburban county of approximately 325,000 residents near Denver, held a public meeting to determine whether the county should submit its annual action plan as required to receive more than $700,000 in U.S. Department of Housing and Urban Development (HUD) funds... |
2016 |
Amnon Lehavi |
PROPERTY AND SECRECY |
50 Real Property, Trust and Estate Law Journal 381 (Winter, 2016) |
Author's Synopsis: Real estate ownership is conventionally viewed as a clear matter of public record. Yet purchasers of real estate are increasingly employing legal techniques to preserve their anonymity by registering their properties through trustees or opaque shell companies. This turn of events calls for delineating the appropriate boundaries... |
2016 |
John G. Sprankling |
PROPERTY AND THE ROBERTS COURT |
65 University of Kansas Law Review 1 (November, 2016) |
How do property owners fare before the Roberts Court? Quite well. Owners prevail in 86% of civil property-related disputes with government entities. But this statistic does not tell the whole story. This Article demonstrates that under the leadership of Chief Justice Roberts the Court has expanded the constitutional and statutory protections... |
2016 |
Taja-Nia Y. Henderson |
PROPERTY, PENALITY, AND (RACIAL) PROFILING |
12 Stanford Journal of Civil Rights & Civil Liberties 177 (February, 2016) |
This Article historicizes societal associations of blackness with criminality through an examination of the peculiar role of criminal law enforcement mechanisms (and spaces) in the service of slavery in the early American South. I ask how slaveholders deployed public law enforcement resources to further their private interests in slavery and the... |
2016 |
Jacquelyn Amour Jampolsky |
PROPERTY, SOVEREIGNTY, AND GOVERNABLE SPACES |
34 Law & Inequality: A Journal of Theory and Practice 87 (Winter, 2016) |
This Article responds to the controversy surrounding the recent U.S. Supreme Court decision in Michigan v. Bay Mills Indian Community regarding off-reservation assertions of tribal sovereignty. Although the Bay Mills Court upheld tribal sovereign immunity over land purchased outside reservation boundaries, opinions about whether the decision was... |
2016 |
Robert G. Schwemm, Calvin Bradford |
PROVING DISPARATE IMPACT IN FAIR HOUSING CASES AFTER INCLUSIVE COMMUNITIES |
19 NYU Journal of Legislation and Public Policy 685 (2016) |
Disparate-impact claims under the federal Fair Housing Act (FHA) are now a well-established part of housing discrimination law, having been recognized for decades by the lower courts and recently endorsed by the Supreme Court in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. The Court in Inclusive... |
2016 |
Timothy Wright |
PUTTING SOME OVER THE HILL: THE DISPARATE IMPACT OF DROUGHT IN CALIFORNIA |
32 Journal of Environmental Law & Litigation 143 (2016) |
Introduction. 144 I. The California Drought's Causes and Severity. 146 II. California's Drought and Rural Marginalized Communities. 149 A. A Brief Racial History. 149 B. The Struggle for Water. 152 C. The Current Legal Framework for Water Access. 153 D. Recommendations. 155 III. California's Drought and Urban Marginalized Communities. 157 A. The... |
2016 |
Patrick T. O'Keefe |
QUALIFIED MORTGAGES & GOVERNMENT REVERSE REDLINING: HOW THE CFPB'S QUALIFIED MORTGAGE REGULATIONS WILL HANDICAP THE AVAILABILITY OF CREDIT TO MINORITY BORROWERS |
21 Fordham Journal of Corporate and Financial Law 413 (2016) |
Imprudent underwriting and mortgage origination in the years leading up to the Global Financial Crisis of 2007 and 2008 was determined to be one of its predominant causes. As a result, partly in an effort to protect consumers and ensure that lending institutions did not relapse into poor mortgage origination practices, Congress passed the... |
2016 |
Meryem Dede |
RADICAL OPTIONS FOR SMALL TOWN PUBLIC HOUSING |
23 Virginia Journal of Social Policy and the Law 129 (Winter 2016) |
Introduction. 130 I. A History of Public Housing. 132 II. Public Housing in Charlottesville, Virginia. 135 III. Why Public Housing Matters. 138 IV. The Rental Assistance Demonstration (RAD) Program. 141 V. Weaknesses of RAD. 144 A. Tenant Input, Notice and Relocation. 145 B. Long-Term Preservation of Low-Income Housing. 147 VI. Solutions to RAD's... |
2016 |
Ian Blodger |
RECLASSIFYING GEOSTATIONARY EARTH ORBIT AS PRIVATE PROPERTY: WHY NATURAL LAW AND UTILITARIAN THEORIES OF PROPERTY DEMAND PRIVATIZATION |
17 Minnesota Journal of Law, Science & Technology 409 (Winter, 2016) |
The impending catastrophic destruction of satellite communications necessitates an immediate reexamination of the underlying assumptions made about private property in outer space. Recent advances in technology have reduced barriers to space exploration and utilization, leading to increased investment in space in the form of satellites. This... |
2016 |
M. Alexander Pearl |
REDSKINS: THE PROPERTY RIGHT TO RACISM |
38 Cardozo Law Review 231 (October, 2016) |
Property rights serve human values. They are recognized to that end, and are limited by it. --Chief Justice Joseph Weintraub Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my... |
2016 |
Otto J. Hetzel |
REFLECTIONS ON THE ENACTMENT OF THE 1968 FAIR HOUSING ACT |
48 Urban Lawyer 311 (Spring, 2016) |
The fair housing act, title viii of the 1968 civil rights act, dealt with the fundamental right to housing and prohibited discrimination against purchasers and renters. It had an interesting enactment process that continues to have significance even today. It was passed by Congress in April 1968 with the acceptance of the United States House of... |
2016 |
David Lurie |
RENTAL HOME SWEET HOME: THE DISPARATE IMPACT SOLUTION FOR RENTERS EVICTED FROM RESIDENTIAL FORECLOSURES |
111 Northwestern University Law Review 239 (2016) |
Abstract--At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority--majority communities. Much of this attention--in both the media and in the legal arena-- has been devoted to homeowners disadvantaged by predatory... |
2016 |
Paul A. Diller |
REORIENTING HOME RULE: PART 1-THE URBAN DISADVANTAGE IN NATIONAL AND STATE LAWMAKING |
77 Louisiana Law Review 287 (Winter 2016) |
Legislators represent people, not trees or acres. Chief Justice Earl Warren, Reynolds v. Sims (1964) C1-3Table of Contents Introduction. 288 I. Empirical Premise: A Spatially Divided Electorate. 292 II. Normative Premises: One-Person, One-Vote and Partisan Fairness. 298 A. One-Person, One-Vote. 299 B. Partisan Fairness. 304 III. The Senate and... |
2016 |
Brandon M. Weiss |
RESIDUAL VALUE CAPTURE IN SUBSIDIZED HOUSING |
10 Harvard Law & Policy Review 521 (Summer, 2016) |
This Article argues that our primary federal subsidized housing production program, the Low-Income Housing Tax Credit (LIHTC), will result in the unnecessary forfeit of billions of dollars of government investment and the potential displacement of tens of thousands of households beginning in 2020 when LIHTC property use restrictions start to... |
2016 |
Isaac Saidel-Goley |
ROMER v. EVANS AND HOUSE BILL 2: DÉJÀ VU ALL OVER AGAIN |
38 Women's Rights Law Reporter 23 (Fall, 2016) |
Introduction I. Overview Of Amendment 2 and Romer v. Evans II. Overview Of House Bill 2 III. House Bill 2 Is Unconstitutional Under The Equal Protection Clause A. House Bill 2 Warrants Heightened Scrutiny Under The Equal Protection Clause i. Courts Should Recognize Sexual Orientation And Transgender Status As Suspect Classifications ii. Courts... |
2016 |
Kellen Zale |
SHARING PROPERTY |
87 University of Colorado Law Review 501 (Spring 2016) |
The sharing economy--the rapidly evolving sector of peer-to-peer transactions epitomized by Airbnb and Uber--is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in... |
2016 |
Kate Sablosky Elengold |
STRUCTURAL SUBJUGATION: THEORIZING RACIALIZED SEXUAL HARASSMENT IN HOUSING |
27 Yale Journal of Law & Feminism 227 (2016) |
Abstract: This Article identifies and analyzes the structural forces that permit and ignore racialized sexual harassment in housing. Although scholarship on sexual harassment in housing is sparse, the existing research and resulting body of law generally advances a narrative focused on the female tenants' economic vulnerability and violation of the... |
2016 |
Laura S. Underkuffler |
SUBVERSIVE PROPERTY |
50 New England Law Review 295 (Spring 2016) |
Mary Joe Frug was a brilliant academic and feminist whose writings made foundational contributions to American life. She was also a subversive. Her goal, through her writing and through her life, was to achieve social change by challenging established institutions and the ideological constructs that support them. Her goal was to illuminate what... |
2016 |
Bernadette Atuahene |
TAKINGS AS A SOCIOLEGAL CONCEPT: AN INTERDISCIPLINARY EXAMINATION OF INVOLUNTARY PROPERTY LOSS |
12 Annual Review of Law and Social Science 171 (2016) |
property, dignity takings, dignity restoration, new legal realism, reparations, adverse possession, squatting, eminent domain, dispossession, displacement This review seeks to establish takings as a respected field of sociolegal inquiry. In the legal academy, the term takings has become synonymous with constitutional takings. When defined more... |
2016 |
|
TAKINGS CLAUSE--AFFORDABLE HOUSING--CALIFORNIA SUPREME COURT UPHOLDS RESIDENTIAL INCLUSIONARY ZONING ORDINANCE.-- CALIFORNIA BUILDING INDUSTRY ASS'N v. CITY OF SAN JOSE, 351 P.3D 974 (CAL. 2015) |
129 Harvard Law Review 1460 (March, 2016) |
Ghettoization, or the concentration of poverty within small geographic areas, has long plagued many cities. Ghettoization has wideranging impacts on both individuals and municipalities: for example, it begets racial segregation, limits access to quality education for the poor, contributes to increased crime, reduces private investment, and raises... |
2016 |
Bruce J. Squillante |
TEMPLE-INLAND--REVEALING HOW THE STATES MOVED FROM JACKRABBITS TO PREDATORS IN TAKING UNCLAIMED PROPERTY |
69 Tax Lawyer 773 (Summer, 2016) |
One of the most vexing current issues for holders of Unclaimed Property (UP) and their attorneys is how to address audit assessments for years where no records exist. Current U.S. Supreme Court rules date back to 1965 and dictate that the holder's domiciliary state is given priority over UP where the holder's records show no owner address. If the... |
2016 |
Lindsay J. Gus |
THE FORGOTTEN RESIDENTS: DEFINING THE FOURTH AMENDMENT "HOUSE" TO THE DETRIMENT OF THE HOMELESS |
2016 University of Chicago Legal Forum 769 (2016) |
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter--all his force dares not cross the threshold of the ruined tenement! In March 2015, Los Angeles police officers shot and... |
2016 |
Anne-Marie Carstens |
THE HOSTILITIES-OCCUPATION DICHOTOMY AND CULTURAL PROPERTY IN NON-INTERNATIONAL ARMED CONFLICTS |
52 Stanford Journal of International Law 1 (Winter 2016) |
The protracted civil war in Syria and the recent onslaught of the Islamic State have devastated the rich cultural heritage of Syria and Iraq, among their many tragedies. In the wake of this devastation, much public discourse has predictably focused on the destruction and looting as war crimes that violate the well-entrenched prohibitions on... |
2016 |
Alexandra M. Franco |
THE HOUSE STRIKES BACK: THE OBAMACARE SAGA AND AMERICAN DEMOCRACY IN THE ERA OF HOUSE v. BURWELL |
26 Southern California Interdisciplinary Law Journal 25 (Fall, 2016) |
In late September 2015, John Boehner announced his resignation as Speaker of the House of Representatives. His decision came during a tumultuous time in American politics; the country is experiencing some of the worst partisan gridlock and political stalemate that it has ever experienced. Right now, Congress is largely unable to pass legislation... |
2016 |
Lorren Patterson |
THE IMPACT OF DISPARATE IMPACT: THE BENEFITS OUTWEIGH THE COSTS OF RECOGNIZING DISPARATE IMPACT CLAIMS UNDER THE FAIR HOUSING ACT |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 211 (Spring, 2016) |
Focusing on the effect of a practice shifts focus away from the hearts and minds of decision makers and instead on the way in which a current practice tends to perpetuate and reinforce old patterns of segregation and exclusion. Claims of disparate impact, as opposed to claims of disparate treatment, focus on the effect of a certain policy or... |
2016 |
Nicole Zub |
THE NATURE OF EQUALITY: PROMOTING ENVIRONMENTAL JUSTICE IN KENTUCKY VIA THE FAIR HOUSING ACT |
8 Kentucky Journal of Equine, Agriculture, and Natural Resources Law 591 (2015-2016) |
Across the United States, certain communities are subjected to more environmental hazards and pollution than others. A visit to any of the major cities will illuminate the disparities in living and working conditions for particular neighborhoods and populations. Despite that state environmental agencies are subject to Title VI of the Civil Rights... |
2016 |
Stephen M. Dane |
THE POTENTIAL 'IMPACT' OF TEXAS DEPARTMENT ON HOUSING AND COMMUNITY AFFAIRS v. INCLUSIVE COMMUNITIES PROJECT ON FUTURE CIVIL RIGHTS ENFORCEMENT AND COMPLIANCE |
63-JUL Federal Lawyer 38 (July, 2016) |
In one of its last decisions of the 2014-15 term, the U.S. Supreme Court issued a significant civil rights decision interpreting the federal Fair Housing Act. At issue in Texas Department of Housing & Community Affairs v. Inclusive Communities Project was whether claims of disparate impact can be maintained under the Act. The Court concluded that... |
2016 |
Isaac Saidel-Goley |
THE RIGHT SIDE OF HISTORY: PROHIBITING SEXUAL ORIENTATION DISCRIMINATION IN PUBLIC ACCOMMODATIONS, HOUSING, AND EMPLOYMENT |
31 Wisconsin Journal of Law, Gender & Society 117 (Fall, 2016) |
Introduction. 118 I. Current Legal Land Scape. 120 A. Federal Statutes. 120 B. State Statutes. 121 C. Common Law. 122 II. Remedial Arguments for Legislatures. 123 A. Normative Argument. 124 i. Equal Access to Public Markets. 124 ii. Equal Dignity of Persons. 126 iii. Individual Autonomy. 127 iv. Religious Liberty. 128 B. Economic Argument. 134 i.... |
2016 |
Jonathan Zasloff |
THE SECRET HISTORY OF THE FAIR HOUSING ACT |
53 Harvard Journal on Legislation 247 (Winter, 2016) |
I. Introduction II. Enforcement in the Civil Rights Act of 1968. 250 III. Congress and the Civil Rights Act of 1966. 254 IV. The 90th Senate and the Precarious Leadership of Everett Dirksen. 256 V. Everett Dirksen in 1967-68: Problems at Home. 258 VI. Making A Deal. 260 A. The Senate Takes Up Civil Rights. 260 B. Don't Ask Me What I Had To Give... |
2016 |
David Reiss |
UNDERWRITING SUSTAINABLE HOMEOWNERSHIP: THE FEDERAL HOUSING ADMINISTRATION AND THE LOW DOWN PAYMENT LOAN |
50 Georgia Law Review 1019 (Summer, 2016) |
C1-2Table of Contents I. Introduction. 1021 II. The Failures of the FHA. 1029 III. The Role of the FHA in the Residential Mortgage Market. 1034 A. MORTGAGE INSURANCE EXPLAINED. 1041 B. A HISTORY OF THE FHA'S CHANGING MISSIONS. 1046 1. The 1930s: Creation and Execution. 1046 2. The 1940s: War Housing. 1052 3. The 1950s: The Maturation of the... |
2016 |
Nate Ela |
URBAN COMMONS AS PROPERTY EXPERIMENT: MAPPING CHICAGO'S FARMS AND GARDENS |
43 Fordham Urban Law Journal 247 (March, 2016) |
Over the past decade, scholars of law and geography have been foraging in America's cities, hunting for the commons. Along the way, a new common sense has cropped up, which takes urban farms and community gardens as prototypical examples of the urban commons. Farm fields and garden plots produce not only vegetables, the argument goes, but also... |
2016 |
Jillisa Bronfman |
WEATHERING THE NEST: PRIVACY IMPLICATIONS OF HOME MONITORING FOR THE AGING AMERICAN POPULATION |
14 Duke Law & Technology Review 192 (February 10, 2016) |
The research in this paper will seek to ascertain the extent of personal data entry and collection required to enjoy at least the minimal promised benefits of distributed intelligence and monitoring in the home. Particular attention will be given to the abilities and sensitivities of the population most likely to need these devices, notably the... |
2016 |
John N. Robinson III |
WELFARE AS WRECKING BALL: CONSTRUCTING PUBLIC RESPONSIBILITY IN LEGAL ENCOUNTERS OVER PUBLIC HOUSING DEMOLITION |
41 Law and Social Inquiry 670 (Summer, 2016) |
Scholarship on welfare privatization illustrates how the process often curtails and undermines public responsibility for the poor. In this article, I examine how recipients, policy makers, and judges participate in the legal process as a means of challenging and defending privatization. I look at cases of litigation initiated by public housing... |
2016 |
Alfred L. Brophy |
WHEN MORE THAN PROPERTY IS LOST: THE DIGNITY LOSSES AND RESTORATION OF THE TULSA RIOT OF 1921 |
41 Law and Social Inquiry 824 (Fall, 2016) |
Bemadette Atuahene's We Want What's Ours focuses on deprivations that go beyond property losses. Her focus is on the dignity harms to South Africans over centuries, such as denial of citizenship, that accompanied the theft of their land. I focus here on one grotesque episode of violence, the Tulsa race riot of 1921, to gauge dignity takings in a US... |
2016 |
Emily F. Regier |
WOMANLY PROPERTIES: POSSESSION AND REDEMPTION |
38 Women's Rights Law Reporter 1 (Fall, 2016) |
In her landmark article, Whiteness as Property, Cheryl Harris critically considers the twisted relationship between race and property in America. Harris traces race from colonial times, when white identity emerged as a guarantee that one was the property holder and not the property held, to the modern era, in which whiteness as property endures... |
2016 |
Heather G. Reid |
"MATURE PERSON PREFERRED": THE CIRCUIT SPLIT ON THE "ORDINARY READER" STANDARD FOR ADVERTISEMENTS IN VIOLATION OF THE FAIR HOUSING ACT |
49 New England Law Review 697 (Summer, 2015) |
A FAMILY SIZE OF 2 PEPOLE [sic] ONLY!!!!!!!! WE MUST HAVE A WORKING COUPLE WITH 2 INCOMES; NORTHLAKE deluxe 1 BR apt, a/c, newer quiet bldg, pool, prkg, mature person preferred, credit checked. $395; 599/1br--Great Bachelor Pad! (Centerville). Our one bedroom apartments are a great bachelor pad for any single man looking to hook up--these... |
2015 |
Kate Linden Morris |
"WITHIN CONSTITUTIONAL LIMITATIONS": CHALLENGING CRIMINAL BACKGROUND CHECKS BY PUBLIC HOUSING AUTHORITIES UNDER THE FAIR HOUSING ACT |
47 Columbia Human Rights Law Review 158 (Winter 2015) |
Pursuant to federal One Strike legislation enacted in the 1980s and 1990s, many public housing authorities (PHAs) imposed blanket bans on tenants with criminal records--however minor, dated, or inapposite the offense. These zero tolerance policies go far beyond the requirements of the federal statutory regime. Practitioners have recently... |
2015 |
Deborah Lolai |
"YOU'RE GOING TO BE STRAIGHT OR YOU'RE NOT GOING TO LIVE HERE": CHILD SUPPORT FOR LGBT HOMELESS YOUTH |
24 Tulane Journal of Law & Sexuality |
At a time when hundreds of thousands of LGBT youth are homeless across the country, LGBT homeless youth are in desperate need of competent assistance from attorneys. In an effort to fulfill this dire need, this Article highlights a groundbreaking approach to securing housing and health for these young people. By drawing extensively on New York case... |
2015 |
Alfred L. Brophy |
[RE]INTEGRATING SPACES: THE POSSIBILITIES OF COMMON LAW PROPERTY |
2 Savannah Law Review 1 (2015) |
When the Savannah Law School renovated the Old Candler Hospital in Savannah, Georgia as their new building, they recreated a place of extraordinary beauty and history. This choice links the law school to a nearly two-hundred-year tradition at the center of this most beautiful City. I want to use this building's rededication to talk about the... |
2015 |
Rasheedah Phillips |
ADDRESSING BARRIERS TO HOUSING FOR WOMEN SURVIVORS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT |
24 Temple Political & Civil Rights Law Review 323 (Spring 2015) |
The effects and consequences of domestic violence and sexual assault go beyond physical, mental, and emotional abuse. In the United States, domestic violence -- including intimate partner violence, sexual assault, and stalking -- is a major cause of homelessness, specifically for women and children. There are an estimated 1.3 million female victims... |
2015 |
LeighAnn M. Smith |
AFFIRMATIVELY FURTHER FAIR HOUSING--AND POTENTIALLY FURTHER FAIR SCHOOLING |
24 Journal of Affordable Housing & Community Development Law 329 (2015) |
Of the nearly 3,800 census tracts in this country where more than 40 percent of the population is below the poverty line, about 3,000 (78 percent) are also predominantly minority. Racially or ethnically concentrated areas of poverty merit special attention because the costs they impose extend far beyond their residents, who suffer due to their... |
2015 |
Aleatra P. Williams |
BENEATH THE STAINS OF TIME: THE BANALITY OF RACE, THE HOUSING AND FORECLOSURE CRISIS, AND THE FINANCIAL GENOCIDE OF MINORITIES |
24 Boston University Public Interest Law Journal 247 (Summer 2015) |
I. Introduction. 247 II. The Conceptualization of Race & Socially Accepted Racial Hierarchies. 251 III. Homeownership in the U.S.. 257 IV. Lending discrimination during the housing and foreclosure crisis. 262 A. Lending Discrimination Laws and Enforcement Agencies. 264 B. Left Behind: Minorities During the Housing and Foreclosure Crisis. 271 V. The... |
2015 |
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 |