Angela R. Riley THE ASCENSION OF INDIGENOUS CULTURAL PROPERTY LAW 121 Michigan Law Review 75 (October, 2022) Indigenous Peoples across the world are calling on nation-states to decolonize laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples' cultural property and the harms of cultural appropriation, with calls for redress... 2022
Eric Dunn THE CASE AGAINST RENTAL APPLICATION FEES 30 Georgetown Journal on Poverty Law and Policy 21 (Fall, 2022) Rental application fees have become exceedingly common throughout the United States rental market, with housing seekers routinely paying anywhere from $30 to over $50 per adult just to apply for admission. These fees are typically justified as compensation for a landlord's costs in conducting background screening on applicants--though certain... 2022
Jennifer Wriggins THE COLOR OF PROPERTY AND AUTO INSURANCE: TIME FOR CHANGE 49 Florida State University Law Review 203 (Winter, 2022) Insurance company executives issued statements condemning racism and urging change throughout society and in the insurance industry after the huge Black Lives Matter demonstrations in summer 2020. The time therefore is ripe for examining insurance as it relates to race and racism, including history and current regulation. Two of the most important... 2022
John G. Sprankling THE CONSTITUTIONAL RIGHT TO "ESTABLISH A HOME" 90 George Washington Law Review 632 (June, 2022) Everyone needs a home. But exclusionary zoning ordinances in many communities prevent low-income and moderate-income families from securing affordable homes, disproportionately harming people of color. Because these ordinances satisfy the rational basis test, they have been immune from substantive due process attack. This Article provides a new... 2022
Noah M. Kazis THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS 121 Michigan Law Review 221 (November, 2022) This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market?... 2022
Kylene B. Hernandez THE FAIR HOUSING PROBLEM WITH ACCESSORY DWELLING UNITS IN CALIFORNIA 25 Chapman Law Review 415 (Spring, 2022) Introduction. 416 I. ADUs: A General Background. 418 II. California's Housing Crisis as it Exists Today. 424 A. Defining the Housing Crisis. 424 B. The Real California Nuisance: Unreasonable Obsession with Single-Family Zoning. 426 C. Who is Impacted? Race as a Proxy for Income. 430 III. Fair Housing Laws: Where do ADUs Fit in?. 433 A. The FHA:... 2022
Sarah Moore Johnson , Raymond C. Odom THE FORGOTTEN 40 ACRES: HOW REAL PROPERTY, PROBATE & TAX LAWS CONTRIBUTED TO THE RACIAL WEALTH GAP AND HOW TAX POLICY COULD REPAIR IT 57 Real Property, Trust and Estate Law Journal 1 (Spring, 2022) Authors' Synopsis: American racial history has been intertwined with land and wealth since the dawn of our nation. Slavery and the country's continued policies of institutionalized racism have resulted in a median ten-to-one wealth disparity between White and Black Americans. Throughout history, reparations have been a recognized method for... 2022
Sateesh Nori, Esq. THE GROUND BENEATH OUR FEET: BASEMENT APARTMENTS, CLIMATE CHANGE, AND HOUSING INEQUALITY 30 New York University Environmental Law Journal 325 (2022) [They] mistook measurement for understanding. And they always had to put themselves at the center of everything. That was their greatest conceit. The earth is becoming warmer--it must be our fault! The mountain is destroying us-- we have not propitiated the gods! It rains too much, it rains too little--a comfort to think that these things are... 2022
K-Sue Park THE HISTORY WARS AND PROPERTY LAW: CONQUEST AND SLAVERY AS FOUNDATIONAL TO THE FIELD 131 Yale Law Journal 1062 (February, 2022) This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in... 2022
Allison Anna Tait THE HOME OF THE DISPOSSESSED 28 Michigan Journal of Gender & Law 195 (2022) The objects that people interact with on a daily basis speak to and of these people who acquire, display, and handle them--the relationship is one of exchange. People living among household objects come to care for their things, identify with them, and think of them as a constituent part of themselves. A meaningful problem arises, however, when... 2022
Leyna Brostowski THE HOUSING LOOPHOLE: HOUSING DISCRIMINATION'S IMPACT ON LONG ISLAND'S PUBLIC SCHOOL SYSTEM 50 Hofstra Law Review 657 (Spring, 2022) Brown v. Board of Education is a landmark United States Supreme Court case holding that the racial segregation of public schools is unconstitutional. However, over sixty years later, racial segregation in the public school system still exists. The effects of years of deliberate racial segregation, coupled with subtler methods of discrimination, did... 2022
Martha Galvez, Sophie House, Zi Lin Liang THE HOUSING SOLUTIONS LAB 30 Journal of Affordable Housing & Community Development Law 387 (2022) The Housing Solutions Lab (the Lab), launched in 2021 at NYU Furman Center for Real Estate and Urban Policy with funding from the Robert Wood Johnson Foundation, works with small and midsize cities to develop, implement, and evaluate effective and equitable housing policies. The Lab is motivated by a current dearth of evidence about the... 2022
Jad G. Elchahal THE IOWA GENERAL ASSEMBLY MUST ACT TO PROTECT THE PERSONAL PROPERTY RIGHTS OF TENANTS 108 Iowa Law Review 409 (November, 2022) ABSTRACT: In Iowa, thirty percent of all households rent rather than own. At the termination of a rental agreement, or after abandonment is established, Iowa's current case law gives landlords the power to enter the leased premises and take possession of any remaining personal property without notice to the tenant. In Iowa, residential, commercial,... 2022
Andrea Ballestero THE RE-COMBINATORY NATURE OF PROPERTY WITHIN RACIAL REGIMES OF OWNERSHIP 47 Law and Social Inquiry 1061 (August, 2022) Brenna Bhandar. Colonial Lives of Property: Law, Land, and Racial Regimes of Ownership. Durham, NC: Duke University Press, 2018. At a time when enduring and entrenched structures of racial inequality and oppression have become public objects of concern in Euro-America, it is easy to feel as if those historical legacies and structural forces are too... 2022
Scotti Hill THE ROUND HOUSE BY LOUISE ERDRICH 35-AUG Utah Bar Journal 44 (July/August, 2022) Jurisdiction is among the first legal doctrines instilled in the minds of eager 1Ls. While many recall the difference between personal and subject matter jurisdiction, the issue of indigenous sovereignty has puzzled American law students and is often given short shrift in legal coursework due to its relative complexity and fraught history. The work... 2022
Robert W. Gomulkiewicz THE SUPREME COURT'S CHIEF JUSTICE OF INTELLECTUAL PROPERTY LAW 22 Nevada Law Journal 505 (Spring, 2022) Justice Clarence Thomas is one of the most recognizable members of the United States Supreme Court. Many people recall his stormy Senate confirmation hearing and notice his fiery dissenting opinions that call on the Court to reflect the original public meaning of the Constitution. Yet observers have missed one of Justice Thomas's most significant... 2022
Jonathan M. Karpoff , University of Washington THE TRAGEDY OF "THE TRAGEDY OF THE COMMONS": HARDIN versus THE PROPERTY RIGHTS THEORISTS 65 Journal of Law & Economics S65 (February, 2022) Garrett Hardin's article The Tragedy of the Commons is widely influential but fundamentally incorrect. Hardin characterizes the commons problem as arising from the exercise of free will in a world with limited carrying capacity. Hardin's solutions to this problem emphasize coercive policies, including traditional command-and-control environmental... 2022
Jessica A. Shoemaker THE TRUTH ABOUT PROPERTY 120 Michigan Law Review 1143 (April, 2022) Federal Ground: Governing Property and Violence in the First U.S. Territories. By Gregory Ablavsky. New York: Oxford University Press. 2021. Pp. ix, 350. $39.95. The truth about stories is that that's all we are. This is one of the repeated refrains in Thomas King's The Truth About Stories: A Native Narrative. King is an American-born Canadian... 2022
Camille M. Davidson TO MY CHILDREN IN EQUAL SHARES: THE FLAW OF ESTATE PLANNING WHEN PROPERTY IS DEVISED TO BENEFICIARIES AS TENANTS IN COMMON 47 ACTEC Law Journal 187 (Spring/Summer, 2022) Mrs. Brenda, a widow, died at the age of 87. Mrs. Brenda and her husband had five children. She was preceded in death by her husband and two of her children. She was survived by three children. One deceased son, Johnny, had three legitimate children and one questionable child and the other deceased child had no children. Shortly after Mrs. Brenda's... 2022
Cory R. Bernard , Anthony Proano TOO HOT TO HANDLE: CURBING MOBILE HOME HEAT DEATHS IN A WARMING CLIMATE 12 Washington Journal of Social & Environmental Justice 1 (January, 2022) As global warming intensifies, ensuring that its impacts do not disproportionately burden disadvantaged populations has become a growing policy concern. Within the United States, mobile home residents increasingly face climate injustices but are often overlooked in climate policy discussions. Even after accounting for income and race, mobile home... 2022
Peter K. Yu , Jorge L. Contreras , Yu Yang TRANSPLANTING ANTI-SUIT INJUNCTIONS 71 American University Law Review 1537 (April, 2022) When adjudicating high-value cases involving the licensing of patents covering industry standards such as Wi-Fi and 5G (standards-essential patents or SEPs), courts around the world have increasingly issued injunctions preventing one party from pursuing parallel litigation in another jurisdiction (anti-suit injunctions or ASIs). In response, courts... 2022
Thomas C. Berg TWO ESSAYS ON INTELLECTUAL PROPERTY AND SOCIAL JUSTICE 18 University of Saint Thomas Law Journal 525 (Fall, 2022) The two faculty-written articles in this issue were presented at St. Thomas in a pair of programs on Intellectual Property and Social Justice in Spring 2021. Intellectual property (IP) laws--copyright, patent, trademark, and similar laws--can have significant effects on social equity for people and groups that are vulnerable or historically... 2022
Marketa Trimble UNJUSTLY VILIFIED TRIPS-PLUS?: INTELLECTUAL PROPERTY LAW IN FREE TRADE AGREEMENTS 71 American University Law Review 1449 (April, 2022) Intellectual property (IP) law provisions of free trade agreements (FTAs) have attracted much criticism. Critics have argued that FTA negotiators, succumbing to the lobbying of various stakeholders, have eliminated or significantly limited many of the flexibilities that multilateral treaties had created, forced stronger IP protection onto... 2022
Arielle Aboulafia WASHINGTON, D.C.: THE CAPITAL OF FAIR HOUSING ACT VIOLATIONS 25 Human Rights Brief 93 (Spring, 2022) Amid the ongoing COVID-19 pandemic, the United States is battling yet another deadly emergency: a crisis of unhoused people. The rate of unhoused people and homeless individuals in the United States has steadily increased in recent years, affirming that the country is neither properly addressing the causes of this issue nor the needs that stem from... 2022
Tara K. Righetti , Joseph A. Schremmer WASTE AND THE GOVERNANCE OF PRIVATE AND PUBLIC PROPERTY 93 University of Colorado Law Review 609 (Summer, 2022) Common law waste doctrine is often overlooked as antiquated and irrelevant. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just a historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of... 2022
Brielle Autumn Brown WHERE'S MY BALLOT?: WHY CONGRESS SHOULD AMEND HOUSE BILL H.R.1 TO INCLUDE A NATIONAL MANDATE OF DROP BOXES FOR FEDERAL ELECTIONS TO HELP PROTECT THE BLACK VOTE 14 Drexel Law Review 405 (2022) Casting a ballot should be easy, but voter suppression continues to be an obstacle for many Black voters. The failure during Reconstruction to address Black suffrage, together with the proliferation of Jim Crow laws, enabled states to abridge the right to vote based on race. The Fifteenth Amendment was intended to eliminate racial restrictions at... 2022
Kelli Conway WHO'S THE FAIREST OF THEM ALL: CIRCUIT SPLIT OVER LANDLORD LIABILITY FOR TENANT-ON-TENANT DISCRIMINATION UNDER THE FAIR HOUSING ACT 88 Brooklyn Law Review 423 (Fall, 2022) If you were asked to describe the typical American, would racist, sexist, homophobic, or transphobic come to mind? The unfortunate truth is that more Americans than not find these attributes to be prevalent and projected against people in this country. In fact, according to a 2019 study, three-quarters of Black and Asian respondents and... 2022
Alberto Vargas WIPO'S PROPOSED TREATMENT OF SACRED TRADITIONAL CULTURAL EXPRESSIONS AS A DISTINCT FORM OF INTELLECTUAL PROPERTY 23 Chicago Journal of International Law 235 (Summer, 2022) For the past twenty years, the United Nations' World Intellectual Property Organization (WIPO) has been working on what could be a major shift in international intellectual property law. WIPO's work has uniquely focused on intellectual property protection for traditional cultural expressions (TCEs), a term which roughly describes a broad... 2022
Taylor N. Haefele WISCONSIN'S 2011 ACT 108, LEGISLATIVE INACTION, AND SEVERE RACIAL DISPARITY: A RECIPE FOR A FAIR HOUSING VIOLATION 23 Marquette Benefits & Social Welfare Law Review 109 (Spring, 2022) When individuals are released from prison, the biggest predictor of whether they will reoffend or successfully reenter society is whether the recently released individual has access to stable housing. Unfortunately, nearly every avenue to housing requires passing a criminal background check. Recognizing this as posing a nearly insurmountable... 2022
Roopa Bala Singh YOGA AS PROPERTY: A CENTURY OF UNITED STATES YOGA COPYRIGHTS, 1937-2021 99 Denver Law Review 725 (Summer, 2022) Public debate on yoga as property fixates on whether yoga should be owned, asking if yoga can be Indian property. Framed as such, the public discourse obscures a century-long, ravenous arc of yoga ownership in the United States, accumulated by whiteness, beginning in the early twentieth century. What do the stories of yoga in American law tell us... 2022
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