John Byrnes RACIAL DISCRIMINATION, HOME APPRAISALS, AND THE FAIR HOUSING ACT: REGULATING PRIVATE APPRAISERS TO REDUCE THE RACIAL WEALTH GAP 20 Rutgers Journal of Law & Public Policy 45 (Spring, 2023) This paper highlights the prevalence of racial discrimination in the home appraisal market through critical race theory (CRT) techniques and theory. When a home's value can be reduced by almost twenty-five percent simply because of the perceived race of its owners or of the neighborhood, Black families find themselves at a disadvantage as they try... 2023
Phyllis C. Taite REMEDIATING INJUSTICES FOR BLACK LAND LOSS: TAKING THE NEXT STEP TO PROTECT HEIRS' PROPERTY 10 Belmont Law Review 301 (Spring, 2023) Introduction. 301 I. Inequalities in Land Ownership. 303 A. Black Land Loss. 303 B. Eminent Domain, Neighborhood Blight, and Gentrification. 304 C. Restrictive Covenants, Redlining, and Blockbusting. 308 II. Heirs' Property and Black Land Loss. 310 A. The Problematic Nature of Heirs' Property. 310 B. The Reach of The Uniform Partition of Heirs'... 2023
Peter K. Yu RETHINKING EDUCATION THEFT THROUGH THE LENS OF INTELLECTUAL PROPERTY AND HUMAN RIGHTS 123 Columbia Law Review 1449 (June, 2023) This Essay problematizes the increased propertization and commodification of education and calls for a rethink of the emergent concept of education theft through the lens of intellectual property and human rights. This concept refers to the phenomenon where parents, or legal guardians, enroll children in schools outside their school districts by... 2023
Armen H. Merjian SECOND-GENERATION SOURCE OF INCOME HOUSING DISCRIMINATION 2023 Utah Law Review 963 (2023) [S]econd-generation barriers . have emerged in the covered jurisdictions as attempted substitutes for the first-generation barriers that originally triggered preclearance in those jurisdictions. Justice Ruth Bader Ginsburg As source of income protections increase, landlords are more likely to rely on other measures such as credit scores to... 2023
Tyler Ritchie SHORT OF A FULL HOUSE: THE INCREASING LENGTH OF VACANCIES IN THE U.S. HOUSE OF REPRESENTATIVES, 1997-2021 56 Columbia Journal of Law and Social Problems 397 (Spring, 2023) Members of the U.S. House of Representatives provide the most immediate and localized connection between their constituents and the federal government. When those positions are left vacant for extended periods of time, Americans are deprived of an agent to advocate for their interests at the national level. Article I of the Constitution gives state... 2023
Lynda Wray Black SPECIALTY: HOW PETS UNLEASHED A NEW CLASSIFICATION OF PROPERTY 58 Gonzaga Law Review 165 (2022/2023) Property is an evolving construct awarding power over resources and allocating nuanced individual rights among competing claimants. Notwithstanding the multiple lenses through which the law of property can be viewed, some core principles reign consistent. In the United States, property law remains divided into two broad categories, namely, real... 2023
J. Benjamin Ward STATUS CHECK: SHOULD THE FEDERAL TAX STATUS OF A DISREGARDED DEBTOR BE PROPERTY OF THE ESTATE? 39 Emory Bankruptcy Developments Journal 629 (2023) This Comment focuses on whether the tax status of a debtor constitutes property of the debtor's estate under 11 U.S.C. § 541(a). The answer to this question ultimately determines whether a bankruptcy trustee has the power to avoid a check-the-box tax status change made by the owner of a debtor entity from a pass-through to a separately taxed... 2023
Alex Sernyak STOP SUBSIDIZING THE SUBURBS: PROPERTY TAX REFORM AND ENDING EXCLUSIONARY ZONING 31 New York University Environmental Law Journal 243 (2023) Current residential land use in the United States has been disastrous for the environment. Land use is largely regulated by local zoning laws, and in many states, property taxes are set at a local level as well. The relationship between the two is complex, but put simply, having both policy tools in the hands of local governments creates... 2023
Monika U. Ehrman SUPRANATURAL RESOURCE PROPERTY CUSTOMS 41 UCLA Journal of Environmental Law & Policy 1 (2023) This Article examines the role that property customs played in the development of American mining law. It analyzes how small communities of international miners developed systems of property governance and how those customary systems led to the shaping of mineral ownership and mining legislation in America. Natural resource communities often rely... 2023
John Paul A. Galgano TACKLING THE INTANGIBLE: WHY THE SUPREME COURT NEEDS TO DEFINE INTELLECTUAL PROPERTY AND WHAT FACEBOOK STANDS TO LOSE (OR WIN) 37 Notre Dame Journal of Law, Ethics & Public Policy 323 (2023) Clickbait is bad enough without finding your face plastered onto it. Meet and chat with single women near you is unsavory enough to stumble upon online--but imagine you see yourself above just such a headline. Although many of us would feel a sense of extortion upon such a surprise, the vast majority of the population has no claim against the... 2023
Jackson Hughes TAXATION AND TELEHEALTH: WOULD A TELEHEALTH EXCLUSIVE FACILITY OWNED BY A NONPROFIT HOSPITAL BE EXEMPT FROM PROPERTY TAX IN INDIANA? 20 Indiana Health Law Review 385 (2023) Taxation exemption in the United States traces its roots to before the formation of our republic. Organizations which provide charitable relief, such as hospitals, fire departments, and orphanages, were established to address a lack of direct governmental involvement in the societal issues faced by colonists. These organizations were designed to... 2023
Hayden Baird Earl THE "AVAILABILITY OF AFFORDABLE HOUSING" CRISIS: TINY HOMES AND URBAN INFILL 58 Real Property, Trust and Estate Law Journal 105 (Summer, 2023) Author's Synopsis: This Article discusses how assisted dwelling units, or tiny homes, can help to alleviate the United States' affordable housing crisis. Tiny homes can assist in alleviating this problem because they offer residents economic benefits through their affordability and versatility, as well as offering residents social benefits by... 2023
Tanner J. Wadsworth THE ADVANTAGES OF GIVING UP: GREECE AND THE FUTILE QUEST TO FORCE THE PARTHENON MARBLES HOME BY JUDGMENT 29 Columbia Journal of European Law 129 (Spring, 2023) The marble statues that Lord Elgin removed from the Parthenon and sold to the British Museum have been a source of conflict between Greece and the United Kingdom for more than 200 years. Greece has often threatened to litigate over the marbles but has never followed through. Because a loss in court could be devastating to its centuries-long effort... 2023
Emma Ruth White THE ANTICOMMONS INTERSECTION OF HEIRS PROPERTY AND GENTRIFICATION 76 Vanderbilt Law Review 1561 (October, 2023) Throughout history, internal and external pressures on Black landowners have resulted in the fragmentation of ownership through heirs property. This fragmentation is analogous to the erosion of community ties within minoritized neighborhoods susceptible to gentrification. Both contexts contribute directly to involuntary exit and land loss within... 2023
Tom I. Romero, II THE COLOR(BLIND) CONUNDRUM IN COLORADO PROPERTY LAW 94 University of Colorado Law Review 449 (Spring, 2023) I. Colorblindness. 450 II. Color by Conquest. 459 A. Conquest over Land. 462 B. Conquest over the Family Home. 469 C. Conquest over Landmarks. 474 III. Color by Law. 484 A. The Color of Neighborhoods. 489 B. The Color of Politics. 498 C. The Color of Public School. 504 IV. Conundrums and Consciousness. 514 A. The Legacy of Conquest and Color. 519... 2023
Michelle Y. Ewert THE DANGERS OF FACIAL RECOGNITION TECHNOLOGY IN SUBSIDIZED HOUSING 25 NYU Journal of Legislation and Public Policy 665 (2022-2023) The use of facial recognition technology (FRT) in subsidized housing makes life more difficult for subsidized tenants, who are disproportionately women, seniors, and people of color. Conditioning building access on facial recognition is problematic because flaws in the technology make it hard for systems to recognize people with darker skin, women,... 2023
Noah M. Kazis THE FAILED FEDERALISM OF AFFORDABLE HOUSING: WHY STATES DON'T USE HOUSING VOUCHERS 31 Journal of Affordable Housing & Community Development Law 427 (2023) 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?... 2023
Kate Gehling THE FAIR HOUSING ACT AFTER INCLUSIVE COMMUNITIES: WHY ONE-TIME LAND-USE DECISIONS CAN STILL ESTABLISH A DISPARATE IMPACT 90 University of Chicago Law Review 1471 (September, 2023) The Fair Housing Act (FHA) is a civil rights statute that prohibits housing discrimination against several protected classes. One theory of liability under the FHA is disparate impact, in which a plaintiff alleges that the defendant's policy or practice, although facially neutral, nevertheless has discriminatory effects because it... 2023
Gerald S. Dickinson THE FOURTH AMENDMENT'S CONSTITUTIONAL HOME 31 William & Mary Bill of Rights Journal 1063 (May, 2023) The home enjoys omnipresent status in American constitutional law. The Bill of Rights, peculiarly, has served as the central refuge for special protections to the home. This constitutional sanctuary has elicited an intriguing textual and doctrinal puzzle. A distinct thread has emerged that runs through the first five amendments delineating the home... 2023
Christopher Serkin THE FUTURE OF NATURAL PROPERTY LAW: COMMENTS ON ERIC CLAEYS'S NATURAL PROPERTY RIGHTS 9 Texas A&M Journal of Property Law 725 (5/28/2023) Professor Eric Claeys is among the most thoughtful modern proponents of natural property rights. His new book, provided to conference participants in draft form, is typical of his rigorously analytical approach. It is an impressive articulation of a natural rights-based account of property. It significantly advances the debate over natural rights... 2023
Yael R. Lifshitz , Maytal Gilboa , Yotam Kaplan THE FUTURE OF PROPERTY 44 Cardozo Law Review 1443 (April, 2023) Property law focuses predominantly on spatial conflicts of interest between neighbors but neglects temporal conflicts between generations. This lack of attention to the temporal dimension leads to a troubling mismatch in property law: while property rights last forever, the corresponding duties that require property holders to respect the interests... 2023
Brenda D. Gibson THE HEIRS' PROPERTY PROBLEM: RACIAL CASTE ORIGINS AND SYSTEMIC EFFECTS IN THE BLACK COMMUNITY 26 CUNY Law Review 172 (Summer, 2023) I. Introduction. 173 II. The American Property Ownership Model Versus the Black Property Ownership Model. 176 A. The American Property Ownership Model. 177 B. The History of Black Property Ownership in the South. 179 III. Black Land Loss and Impediments to Black Land Ownership (and Wealth). 183 A. White Hands in Black Land Loss in the South. 185 1.... 2023
Maureen E. Brady THE ILLUSORY PROMISE OF GENERAL PROPERTY LAW 132 Yale Law Journal Forum 1010 (2/28/2023) abstract. Federalized, jurisdictionless property law is ascendant in the Supreme Court's recent majority opinions on the Takings Clause--and in The Fourth Amendment and General Law, Danielle D'Onfro and Daniel Epps tout the benefits of courts developing a national law of property and torts in assessing whether a person has suffered an unlawful... 2023
Adam J. Mikell THE INVISIBLE DANGER IN PLAIN SITE: ENDING THE PRACTICE OF BUILDING HOUSING IN EXPOSURE ZONES 41 Minnesota Journal of Law & Inequality 191 (Summer, 2023) Safe, affordable housing is a basic necessity for every family. Without a decent place to live, people cannot be productive members of society, children cannot learn, and families cannot thrive. Adequate housing, or the lack thereof, affects every person every day. At its core, housing is a fundamental human need with inelastic demand, yet for... 2023
India M. Whaley THE LONG VOYAGE HOME 19 South Carolina Journal of International Law & Business 211 (Spring, 2023) This research paper (Paper) examines the international, constitutional, legal history, and current rights to housing in the United States (U.S.), Jamaica, and South Africa. This Paper addresses the federal and sub-national systems regarding affordable housing initiatives that drive policies associated with poverty and homelessness. Moreover, the... 2023
M.C. Mirow THE MEXICAN CIVIL CODE OF 1928 AND THE SOCIAL FUNCTION OF PROPERTY IN MEXICO AND LATIN AMERICA 37 Emory International Law Review 365 (2023) C1-2Table of Contents I. Introduction. 366 A. Mexico as the Origin of the Social Function of Law in Latin America. 367 B. This Article and its Structure. 369 II. The Social Function of Property: Léon Duguit and Catholic Social Doctrine. 371 A. Léon Duguit. 371 B. Catholic Social Doctrine. 372 III. Mexico, its Civil Code of 1928, and the Social... 2023
Timothy Sandefur THE NATURAL RIGHT OF PROPERTY 9 Texas A&M Journal of Property Law 673 (5/28/2023) This Article offers a critical examination of Eric Claeys's argument for natural property rights, focusing in particular on the questions of self-ownership and the so-called Lockean proviso. It argues that while Claeys is generally on the right track in his argument for natural property rights, he errs in omitting a self-ownership argument, some... 2023
Julia Janewa Osei-Tutu THE NEXT 100 YEARS OF INTERNATIONAL INTELLECTUAL PROPERTY: INTEGRATING HUMAN RIGHTS AND CORPORATE SOCIAL RESPONSIBILITY 41 Cardozo Arts and Entertainment Law Journal 433 (2023) Introduction. 433 The North-South Divide in International IP. 435 Integrating Social Issues: Corporate Social Responsibility, Human Development, and Traditional Knowledge.. 437 Health and Access to Medicines. 437 Cultural Intellectual Property and Traditional Knowledge. 438 Corporate Social Responsibility and Intellectual Property. 440 Socially... 2023
Lucas Clover Alcolea THE PROBLEM OF PROPERTY: LOOKING BACK TO THE 'DARK AGES' TO GET THROUGH THE DARK AGES 16 University of St. Thomas Journal of Law & Public Policy 241 (March, 2023) Covid-19 changed many things, and challenged many of our deepest assumptions, but one thing it did not change is the immense gap between the haves' and the have nots' that exists in the world today. In fact, studies show that the gap between the wealthiest and the poorest members of society has grown even larger as a result of the pandemic. In... 2023
Joseph William Singer THE RIGHT TO HAVE PROPERTY 10 Texas A&M Law Review 713 (Summer, 2023) Laura Underkuffler has kindly commented on my progressive, social-relations approach to property and property law. I feel humbled, honored, and seen. She notices the core moral commitments manifested in that work. She focuses on my scholarship on discrimination in public accommodations, the violent dispossession and persisting sovereignty of Native... 2023
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