Margaret McFarland, Editor-in-Chief Organizational Sustainability: A Self-Help Housing Corporation's Recipe for Success 40 No. 1 Real Estate Review Journal 5 (Spring 2011) Mark Wilson is a Certified Public Accountant and a Senior Project Manager for Peoples' Self Help Housing Corporation's rental and commercial real estate operations. He has been with the non-profit since 1991, and was responsible for the startup of its property management division. 2011
Joseph William Singer ORIGINAL ACQUISITION OF PROPERTY: FROM CONQUEST & POSSESSION TO DEMOCRACY & EQUAL OPPORTUNITY 86 Indiana Law Journal 763 (Summer, 2011) I have been thinking, said Arthur, about Might and Right. I don't think things ought to be done because you are able to do them. I think they should be done because you ought to do them. After all, a penny is a penny in any case, however much Might is exerted on either side, to prove that it is or is not. Is that plain? ~ T.H. White Where do... 2011
Nathaniel T. Noda PERPETUATING CULTURES: WHAT FAN-BASED ACTIVITIES CAN TEACH US ABOUT INTANGIBLE CULTURAL PROPERTY 44 Creighton Law Review 429 (February, 2011) I. INTRODUCTION. 430 II. EXPLORING THE UNASKED QUESTION IN INTANGIBLE CULTURAL PROPERTY. 435 A. Surveying the Injury: OutKast, Australian Carpets, and Chief Illiniwek. 435 B. The Intracultural Dynamic: Violating the Sacred. 438 C. The Intercultural Dynamic: Sowing the Seeds of Cultural Dilution. 442 III. REDRESSING THE INJURY: LESSONS FROM... 2011
Michael Quirk PRESERVING PROJECT-BASED HOUSING IN MASSACHUSETTS: WHY THE VOUCHER DISCRIMINATION LAW FALLS SHORT 30 Review of Banking and Financial Law 651 (Spring, 2011) Located in the Boston neighborhood of Roslindale, the townhouses at Stony Brook Commons are nestled among rolling acres of landscaped grounds and bordered by reservation woodlands that provide easy access to miles of walking trails, fish ponds, and picnic areas. Replete with the usual amenities typical to market-rate condominiums, one might not... 2011
Lee Anne Fennell PROPERTY AND PRECAUTION 4 Journal of Tort Law 1 (October, 2011) Property in land suffers from an unacknowledged precautionary deficit. Ownership is dispensed in standardized blocks of monopoly control that are routinely retained in their entirety until someone raises an issue regarding an actual or potential incompatible land use. This arrangement, which encourages owners to take sustained, unpriced draws... 2011
Keith H. Hirokawa PROPERTY AS CAPTURE AND CARE 74 Albany Law Review 175 (2010-2011) I. Introduction. 176 II. Seeing Capture and Care in Property. 180 A. Legitimate Property Expectations in Transfers of Title: Capture, Relationship, and Responsibility. 185 1. Adverse Possession. 187 2. Termination of Co-Tenancy: Partition. 189 3. Conveyancing: Caveat Emptor and Informational Duties. 192 B. Interests in the Property of Others:... 2011
Nestor M. Davidson PROPERTY'S MORALE 110 Michigan Law Review 437 (December, 2011) A foundational argument long invoked to justify stable property rights is that property law must protect settled expectations. Respect for expectations unites otherwise disparate strands of property theory focused on ex ante incentives, individual identity, and community. It also privileges resistance to legal transitions that transgress reliance... 2011
Compiled by Susan Lyons PUBLICATIONS ON THE RIGHT TO HOUSING 63 Rutgers Law Review 1037 (Spring 2011) This annotated bibliography looks at three aspects of the right to housing in the United States: the right to shelter; the right to affordable housing; and the right of tenants to security of tenure and minimal standards of habitability. Not included in this article are the topics of housing discrimination and the current foreclosure and predatory... 2011
Michael J. Ritter QUALITY CARE FOR QUEER NURSING HOME RESIDENTS: THE PROSPECT OF REFORMING THE NURSING HOME REFORM ACT 89 Texas Law Review 999 (March, 2011) The U.S. population is steadily aging: while currently comprising only 12% of the population, adults over the age of sixty-five will likely grow to comprise one-fifth of the populace in the next twenty-five years. In about forty years, this group will consist of 25% of the population. One aspect of individuals that tends to be thought about and... 2011
Katherine L. Lewis REBUILDING A HOUSE OF CARDS: ENVISIONING SUSTAINABLE FEDERAL HOUSING POLICY 35 Washington University Journal of Law & Policy 473 (2011) On February 10, 2009, President Obama held a town hall meeting in Fort Myers, Florida, to promote the federal stimulus package. At the town hall, a woman named Henrietta Hughes raised her hand and took the microphone. She told the President that she and her son were homeless and living in her car. The waiting list at the local housing authority was... 2011
Myron Orfield REGIONAL STRATEGIES FOR RACIAL INTEGRATION OF SCHOOLS AND HOUSING POST-PARENTS INVOLVED 29 Law & Inequality: A Journal of Theory and Practice 149 (Winter 2011) Convinced that Minnesota can and must do more to address racial isolation in its schools, the Institute on Race & Poverty (IRP) has been working with scholars, legislators, local officials, and school administrators to develop a regional strategy to replace Minnesota's current desegregation/integration rule and aid formula. While Minnesota is not... 2011
Stephanie R. Bush-Baskette, Kelly Robinson, Peter Simmons RESIDENTIAL AND SOCIAL OUTCOMES FOR RESIDENTS LIVING IN HOUSING CERTIFIED BY THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING 63 Rutgers Law Review 879 (Spring 2011) In 1975, the New Jersey Supreme Court held in Southern Burlington County NAACP v. Township of Mt. Laurel that a developing community had the responsibility to afford a realistic opportunity for the construction of its fair share of the present and prospective regional need for low and moderate income housing. This decision, known as Mount Laurel I,... 2011
Joseph William Singer THE ANTI-APARTHEID PRINCIPLE IN AMERICAN PROPERTY LAW 1 Alabama Civil Rights & Civil Liberties Law Review 91 (2011) I. Introduction. 91 II. Discriminatory Harassment in Public Accommodations. 93 III. Discriminatory Harassment in Housing. 100 IV. Property in a Free and Democratic Society. 103 2011
Daniel J. Sharfstein THE BACKWARDS GESTURE: HISTORICAL NARRATIVES IN CAROL ROSE'S PROPERTY SCHOLARSHIP 19 William & Mary Bill of Rights Journal 1039 (May, 2011) I was a student in Carol Rose's property course twelve years ago, and she was the first law professor whose scholarship I sought out and read. Going into my 1L spring semester, if I had to guess how I would spend my precious free time, I would not have imagined myself poring over Crystals and Mud in Property Law and The Comedy of the Commons. I had... 2011
Sharanya Sai Mohan THE BATTLE AFTER THE WAR: GENDER DISCRIMINATION IN PROPERTY RIGHTS AND POST-CONFLICT PROPERTY RESTITUTION 36 Yale Journal of International Law 461 (Summer 2011) I. Introduction. 461 II. The Importance of Gender Equality in Property Rights and Property Restitution. 464 A. The Value of Property. 464 B. The Post-Conflict Opportunity for Gender Reform and Gender Reform as a Means to Recovery. 465 III. International Law Governing Gender Equality and Property Restitution. 468 A. International Human Rights Law.... 2011
Derek Fincham THE DISTINCTIVENESS OF PROPERTY AND HERITAGE 115 Penn State Law Review 641 (Winter 2011) This piece takes up the competing concepts of property and heritage. Recent scholarship views property as a series of connections and obligations--rather than the traditional power to control, transfer or exclude. This new view of property may be safeguarding resources for future generations, but also imposes onerous obligations based on concerns... 2011
Margaret McFarland, Editor-in-Chief The Great Society and Housing in America: Then and Now 40 No. 3 Real Estate Review Journal 4 (Fall 2011) Susan Ruby is a Senior Editor of the Real Estate Review. She was previously a City Planner and Housing Finance Professional with local governments in Ohio, Nebraska, California, and Virginia. The author wishes to thank Marlyn Hicks, John Pope, and Stevens A. Carey for helpful suggestions. 2011
Tiffany Cruz Gonzalez THE INTERSECTION OF INTELLECTUAL PROPERTY AND RACE IN THE TWENTY-FIRST CENTURY: AN EXAMINATION OF THE INTERPRETATION OF RACIAL CATEGORIES IN PATENT LAW 8 Hastings Race and Poverty Law Journal 1 (Winter 2011) A spree of rapes and murders took place in Baton Rouge, Louisiana in 2003. The DNA gathered at the respective murder scenes linked at least five of the women's murders. Because of an eyewitness testimony that reported a white male leaving the vicinity of one of the crime scenes and studies that suggested that most serial killers are white, police... 2011
Olatunde Johnson THE LAST PLANK: RETHINKING PUBLIC AND PRIVATE POWER TO ADVANCE FAIR HOUSING 13 University of Pennsylvania Journal of Constitutional Law 1191 (June, 2011) The persistence of housing discrimination more than forty years after the passage of the federal Fair Housing Act (FHA) of 1968 is among the most intractable civil rights puzzle. For the most part, this puzzle is not doctrinal: the Supreme Court has interpreted the FHA only a handful of times over the last two decades--a marked contrast to frequent... 2011
Audrey G. McFarlane THE PROPERTIES OF INSTABILITY: MARKETS, PREDATION, RACIALIZED GEOGRAPHY, AND PROPERTY LAW 2011 Wisconsin Law Review 855 (2011) A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most because it allows for settled expectations, promotes investment, and fulfills a psychological need for predictability. Despite the symbolic image, property is home to principles that promote instability, albeit a stable instability. This... 2011
Glenna Riley THE PURSUIT OF INTEGRATED LIVING: THE FAIR HOUSING ACT AS A SWORD FOR MENTALLY DISABLED ADULTS RESIDING IN GROUP HOMES 45 Columbia Journal of Law and Social Problems 177 (Winter, 2011) Today, many state-licensed group homes for mentally disabled adults have come to resemble their predecessor psychiatric institutions in that they segregate residents from the community at large. In 2010, a court found that private group homes in New York discriminated against the mentally disabled in violation of the Americans with Disabilities Act... 2011
Nadav Shoked THE REINVENTION OF OWNERSHIP: THE EMBRACE OF RESIDENTIAL ZONING AND THE MODERN POPULIST READING OF PROPERTY 28 Yale Journal on Regulation 91 (Winter 2011) This Article portrays the adoption of zoning laws as a turning point in U.S. legal history where a new meaning was ascribed to the institution of ownership. It explores the historic 1926 decision of Village of Euclid v. Ambler Realty Co., in which an ardently conservative Supreme Court upheld the constitutionality of residential zoning. Unlike... 2011
Colin Crawford THE SOCIAL FUNCTION OF PROPERTY AND THE HUMAN CAPACITY TO FLOURISH 80 Fordham Law Review 1089 (December, 2011) This Article offers suggestions about the appropriate definition of the five words the social function of property--so pregnant with meaning and promise, yet for many so ill defined. Although the Article does not address the development of the notion of the social function of property within a particular national tradition or experience, it makes... 2011
Maria Grahn-Farley THE U.N. CONVENTION ON THE RIGHTS OF THE CHILD AND THE FORGOTTEN HISTORY OF THE WHITE HOUSE CHILDREN'S CONFERENCES, 1909--1971 20 Transnational Law & Contemporary Problems 307 (Summer 2011) I. Introduction. 309 II. A Forgotten History and Opposition to the CRC. 314 III. A Call to Reinstate the White House Conferences. 320 IV. The White House Children's Conferences. 320 V. The CRC. 326 VI. The Right to Life and Survival, the Right to Guidance and Protection, and the Right to Respect and to Be Heard. 328 VII. The Right to Life and... 2011
Margaret McFarland, Editor-in-Chief The Uncharted, Uncertain Future of Hope VI Redevelopments: Part I 40 No. 3 Real Estate Review Journal 3 (Fall 2011) Martin D. Abravanel is a Senior Research Associate at the Urban Institute based in Washington, D.C. 2011
Becky L. Jacobs UNBOUND BY THEORY AND NAMING: SURVIVAL FEMINISM AND THE WOMEN OF THE SOUTH AFRICAN VICTORIA MXENGE HOUSING AND DEVELOPMENT ASSOCIATION 26 Berkeley Journal of Gender, Law & Justice 19 (Winter 2011) The emergence of a uniquely African formulation of feminism is one of the most energizing developments in feminist theory and discourse in recent history. As African women confront unprecedented economic and political challenges, they also are questioning, and, in some instances, redefining, individual and societal orthodoxies of gender and family... 2011
Antony Barone Kolenc WHEN "I DO" BECOMES "YOU WON'T!"--PRESERVING THE RIGHT TO HOME SCHOOL AFTER DIVORCE 9 Ave Maria Law Review 263 (Spring 2011) Like all couples in love, Brenda and Martin Kurowski said, I do in the hope of a happy life together. But their marriage could not survive the test of time. They divorced shortly after the birth of their daughter Amanda. The divorce decree provided for Amanda's joint legal custody, but she lived in her mother's home. When it came time to send her... 2011
Linda Wang WHO KNOWS BEST? THE APPROPRIATE LEVEL OF JUDICIAL SCRUTINY ON COMPULSORY EDUCATION LAWS REGARDING HOME SCHOOLING 25 Journal of Civil Rights & Economic Development 413 (Winter 2011) Brian Rohrbough remembers the promise he and other anxious parents made on April 20th as they stood outside Columbine High School waiting to see if their children had made it out alive. People were saying, if my child is O.K., he or she will never set foot in that school again, Mr. Rohrbough said. Although his 15-year-old son, Daniel, was among... 2011
Vickie Enis YOURS, MINE, OURS? RENOVATING THE ANTIQUATED APARTHEID IN THE LAW OF PROPERTY DIVISION IN NATIVE AMERICAN DIVORCE 35 American Indian Law Review 661 (2010-2011) In an ideal world, one marries for love. In reality, however, marriage is often inspired by other motivations. The attractive young woman marrying the wealthy, established, older man is an image with which we are all too familiar. But an image not typically evoked by the mention of the word gold-digger is a non-Indian marrying an Indian to gain... 2011
Daniel Eduardo Guzmán "THERE BE NO SHELTER HERE" : ANTI-IMMIGRANT HOUSING ORDINANCES AND COMPREHENSIVE REFORM 20 Cornell Journal of Law & Public Policy 399 (Winter 2010) This Note examines anti-immigrant housing ordinances (AIHOs) that explicitly single out immigrants and facially-neutral AIHOs that local officials use to target immigrants. Lozano v. City of Hazleton (Lozano II) underscores how effective preemption-doctrine-based challenges can be against municipalities that have local ordinances singling out... 2010
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