| Author | Title | Citation | Summary | Year |
| Michael-James Currie , Stephany Torres , Joshua Eveleigh , Dr Madelein Kleyn , Director, Primerio, South Africa, E-mail: m.currie@primerio.international, Senior Associate, Primerio, South Africa, E-mail: s.torres@primerio.international, Associate (Designa |
THE INTERPLAY BETWEEN ANTITRUST LAW AND INTELLECTUAL PROPERTY LAW IN SOUTH AFRICA: A CRITICAL ANALYSIS OF THE OECD RECOMMENDATION ON INTELLECTUAL PROPERTY RIGHTS AND COMPETITION |
59 les Nouvelles 12 (March, 2024) |
The interplay between competition law and intellectual property remains the subject of much debate. Intellectual property creates monopolistic rights to protect and reward innovation and incentivise creators, whilst competition law seeks to balance these monopolistic rights by maintaining an open and competitive market. Competition and intellectual... |
2024 |
| Jill Warren |
THE INTRICACIES OF NIMBYISM: EXCLUSIONARY ZONING AND THE FAIR HOUSING ACT IN CONNECTICUT |
56 Connecticut Law Review 973 (March, 2024) |
Connecticut is one of the wealthiest states in the country, yet there is an alarming shortage of affordable housing across the state. The regulatory schemes of Connecticut municipalities only exacerbate the issue. Many towns and cities employ exclusionary zoning policies and regulations that make it difficult for lower-income households to reside... |
2024 |
| Edward J. McCaffery |
THE PROPERTY-TAX BUNDLE OF RIGHTS |
2024 Michigan State Law Review 99 (2024) |
Introduction. 100 A. Concept and Conceptions. 102 B. The Road Ahead. 106 I. Elements. 108 A. The Rights of Property. 108 B. The Term Structure of Property. 110 C. Two Components of Tax. 112 1. The Timing of Tax. 112 2. The Rate Structure of Tax. 114 D. The Project of a Property-Tax Bundle. 115 E. Money as Property. 117 1. Money in Locke. 119 2.... |
2024 |
| Francesca Zepeda |
THE STUPA AMARAVATI OF INDIA: WHERE BRITISH COMMON LAW CONTROLS THE REPATRIATION OF CULTURAL PROPERTY |
20 Loyola University Chicago International Law Review 93 (Spring, 2024) |
Repatriation of cultural property currently in the hands of the British Museum has been the topic of intense debate for decades. Activists argue for the return of the cultural art to its country of origin and to abide by international law for the protection of art antiquities. The British Museum and their supporters argue to maintain the status... |
2024 |
| Shelby D. Green |
THE TRANSMOGRIFICATION OF MORATORIA IN SUPPORT OF RENT REGULATIONS: FALSE STEPS TO AFFORDABLE HOUSING |
58 University of San Francisco Law Review 314 (2024) |
[D]ominion over things is also imperium over our fellow human beings. The Ballingers were in the military service and were to be deployed overseas for a year. They had bought a condominium unit as their residence earlier in the year. While they were to be away, they rented the unit to Temperance under a one-year lease. When they returned and the... |
2024 |
| Kaitlyn Carrara |
TOWARD A UNIFORM INTELLECTUAL PROPERTY EXCEPTION TO CDA § 230 |
64 South Texas Law Review 65 (Fall, 2024) |
I. Introduction. 65 II. Background. 68 A. The Purpose of the Communications Decency Act and § 230. 68 B. Current Issues with § 230. 70 C. Internet Service Providers and Interactive Computer Services. 71 D. What is Intellectual Property?. 73 E. The Lanham Act and the Digital Millennium Copyright Act. 76 F. The Right of Publicity and Privacy. 79 G.... |
2024 |
| John Whitlow |
TOWARD HOUSING JUSTICE: LAW, TENANT POWER, AND THE DECOMMODIFICATION OF URBAN PROPERTY |
27 University of Pennsylvania Journal of Law and Social Change 175 (2024) |
This Article explores the burgeoning movement for housing justice in the United States by focusing on recent examples of tenant organizing and law reform campaigns in New York City and San Francisco. In the case of New York, a coalition of tenants successfully mobilized in 2019 to strengthen the rent laws for the first time in decades. Those... |
2024 |
| Geraldo Vidigal, Pramiti Parwani |
TRIPS AT THIRTY: THE EVOLVING INTERACTIONAL LAW OF PUBLIC HEALTH EXCEPTIONS TO INTELLECTUAL PROPERTY PROTECTION |
57 Vanderbilt Journal of Transnational Law 1489 (November, 2024) |
Debates regarding public health and the international protection of intellectual property (IP) often focus on patent protection under the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and regional trade agreements, with demands for change being framed as demands for further textual... |
2024 |
| Ariana Levi |
UNDER PRESSURE, FACING THE RISING TIDE: THE LEGAL AND HUMANITARIAN CRISIS OF FLOOD PRONE COASTAL PROPERTY |
12 LSU Journal of Energy Law & Resources 577 (Summer, 2024) |
C1-2Table of Contents Introduction. 578 I. Background. 581 A. Environmental and Climate Science: What Got Us Here?. 581 1. Louisiana as a Model for Global Climate Change Impacts. 582 2. Projections for the Rest of the Global Community. 584 B. Policy Considerations: The Highest and Best Use of Land in the Modern Era. 586 C. The Buyout Process... |
2024 |
| Association of Corporate Counsel, Staff, ACC |
WHAT IN-HOUSE COUNSEL SHOULD KNOW ABOUT JUNETEENTH |
6/19/2024 ACC Docket 1 (6/19/2024) |
Banner artwork by Lightspring / Shutterstock.com Juneteenth, also known as Emancipation Day, Freedom Day, Black Independence Day, and a plethora of other names, also, short for June Nineteenth, marks the day emancipated enslaved African Americans got news of their newfound freedom from federal troops that arrived in Galveston, Texas, in... |
2024 |
| Allison Gherovici |
WHATEVER HAPPENED TO PROTECTING FAMILIES: THE SIXTH CIRCUIT NARROWS AVAILABILITY OF 42 U.S.C. § 1983 RELIEF FOR CHILDREN OF A WRONGFULLY INCARCERATED PARENT |
69 Villanova Law Review 397 (2024) |
In 2017, a Texas court overturned the wrongful conviction of Hannah Overton, a mother of five. Overton was fostering a four-year-old child who mysteriously died of high sodium levels. The court convicted Overton of capital murder and sentenced her to prison for seven years. Ten years after the conviction, Overton's appellate attorney prevailed on a... |
2024 |
| Sarah K. Lynch-Chaput |
WHEN WALL STREET BECOMES AMERICA'S LANDLORD: HOW WALL STREET SINGLE-FAMILY RENTAL INVESTMENT FIRMS ARE INFILTRATING AMERICAN NEIGHBORHOODS AND DISRUPTING THE HOUSING MARKET |
63 Washburn Law Journal 449 (Spring, 2024) |
The 2008 economic recession and financial crisis, coupled with a significant amount of home foreclosures, led to a surplus of foreclosed homes available for purchase. Historically, local mom-and-pop landlords or small-scale investors have owned single-family rentals. After the 2008 recession, however, large investment companies entered the... |
2024 |
| Timothy Gentles |
WHITHER AFFIRMATIVELY FURTHERING FAIR HOUSING IN NEW YORK? THE AFFH MANDATE IN AN ERA OF LAND USE REFORM |
45 Cardozo Law Review 977 (February, 2024) |
C1-2Table of Contents Introduction. 978 I. Background. 985 A. The Fair Housing Act and the Duty to Affirmatively Further Fair Housing. 985 1. History of the AFFH Mandate. 985 2. Litigation Under the AFFH Mandate. 989 B. Exclusionary Zoning and Fair Housing. 991 C. Exclusionary Zoning in New York. 995 II. Analysis of the New York AFFH Law. 996 A.... |
2024 |
| Michael Lewyn |
ZONING AND LAND USE PLANNING |
52 Real Estate Law Journal 103 (Winter, 2024) |
As American zoning has become more restrictive, housing construction has plummeted. During the 1970s, 17 million housing units were completed, or roughly one unit for every 12 U.S. residents. By contrast, during the 2010s, only 10.8 million units were completed, or one for every 28 residents. Construction of single-family structures decreased by... |
2024 |
| Maria Civitello |
"ONE HOME, MANY GENERATIONS": HOW ADOPTING A UNIFORM DEFINITION OF THE "MULTIGENERATIONAL FAMILY" COULD BENEFIT MILLIONS OF AMERICANS |
31 Elder Law Journal 133 (2023) |
For the past several decades, the number of Americans living in multigenerational homes has been steadily increasing. Multigenerational families may choose to live together for a variety of reasons; for example, some families achieve greater economic security by combining generations into one household, while others may wish to live together in... |
2023 |
| Nadiyah J. Humber |
A HOME FOR DIGITAL EQUITY: ALGORITHMIC REDLINING AND PROPERTY TECHNOLOGY |
111 California Law Review 1421 (October, 2023) |
Property technologies (PropTech) are innovations that automate real estate transactions. Automating rental markets amplifies racial discrimination and segregation in housing. Because screening tools rely on data drawn from discriminatory--and often overtly segregationist--historical practices, they replicate those practices' unequal outcomes in the... |
2023 |
| Matthew Fern |
A SUBSTANTIVE(-ISH) RIGHT TO HOUSING: AN AMERICAN PROBLEM |
73 DePaul Law Review 57 (Fall, 2023) |
America: the land of the free and the home of the brave, but not really the nation of the housed. Housing instability, as defined by the U.S. Department of Health and Human Services, is the combination effect of high housing costs, poor housing quality, unstable neighborhoods, overcrowding, and homelessness. American people suffer with unaffordable... |
2023 |
| Jon DeCarmine , Joseph S. Jackson |
A TALE OF TWO TENT CITIES: THE CRITICAL ROLE OF HOUSING ENGAGEMENT IN ADDRESSING HOMELESS ENCAMPMENTS |
30 Georgetown Journal on Poverty Law and Policy 371 (Spring, 2023) |
Local governments have essentially three choices in responding to the presence of homeless encampments. They can adopt a law enforcement approach, forcing individuals to move their camps on pain of arrest for trespassing. They can adopt an out of sight, out of mind approach, designating a specified area where homeless individuals are permitted to... |
2023 |
| Patricia R. Di Pasquale |
AFFORDABLE HOUSING versus HOUSING SAFETY: ILLEGAL HOUSING IN CALIFORNIA AND THE HOUSING AND BUILDING CODE DICHOTOMY |
32 Journal of Affordable Housing & Community Development Law 255 (2023) |
The affordable housing crisis and the lack of housing for low-income individuals is a significant problem in major metropolitan areas in the United States and specifically in California. This article introduces the affordable housing crisis, how building codes impact the affordable housing crisis, and how private citizens are responding to the... |
2023 |
| Carlos Arroyo Batista, Columbia University |
AFTER SERVITUDE: ELUSIVE PROPERTY AND THE ETHICS OF KINSHIP IN BOLIVIA MAREIKE WINCHELL (OAKLAND: UNIVERSITY OF CALIFORNIA PRESS, 2022) |
46 PoLAR: Political and Legal Anthropology Review 1 (May, 2023) |
What does it mean to question the idea that legally defined property would bring liberty to Bolivia's Indigenous population? What are the underlying relations between human groups and land that a property regime absorbs and transforms? How do agrarian officials construct property as a form of normative, racialized citizenship? Using two years of... |
2023 |
| Paige Franckiewicz |
AIN'T DERE NO MORE: HOW ADDRESSING EQUITY GAPS IN LOUISIANA PROPERTY LAW CAN MITIGATE THE GENTRIFICATION OF NEW ORLEANS |
24 Loyola Journal of Public Interest Law 31 (Spring, 2023) |
Part I of this Comment addresses the unique demographic and environmental factors which leave marginalized New Orleanians at the behest of exploitative government takings and subsequent gentrification, with the construction of Interstate 10 in Tremé and the downtown medical district in lower Mid-City serving as case studies. Part I also notes the... |
2023 |
| Ben Horton |
AN ISSUE OF FIRST IMPRESSION? STATE CONSTITUTIONAL LAW AND JUDGING THE QUALIFICATIONS OF CANDIDATES FOR THE HOUSE AND SENATE |
102 Nebraska Law Review 93 (2023) |
Article I, section 5, clause 1, makes each House of Congress the judge of the Elections, Returns, and Qualifications of its members. But what does that mean? For historical and jurisdictional reasons, there is a lack of federal precedent on the scope of judicial review of constitutional qualifications of candidates for the House or Senate.... |
2023 |
| Jessica Xu |
AWARDING RACIAL SEGREGATION: THE LOW-INCOME HOUSING TAX CREDIT AS A NEW RACIALLY RESTRICTIVE COVENANT |
70 UCLA Law Review 596 (August, 2023) |
The United States has a history of racial segregation in its facilitation of federal housing programs. One such program, the Low-Income Housing Tax Credit (LIHTC), was intended to respond to the need for affordable housing since its establishment in 1986. Through the LIHTC program, the federal government grants tax credits to investors and... |
2023 |
| Lolita Darden |
BALANCING THE INEQUITIES IN APPLYING NATURAL PROPERTY RIGHTS TO RIGHTS IN REAL OR INTELLECTUAL PROPERTY |
9 Texas A&M Journal of Property Law 493 (5/28/2023) |
Eric Claeys's book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to Claeys's theory are the concepts of justified interests and productive use. A justified interest, Claeys writes, exists when an individual demonstrates a stronger interest in a resource than anyone else in the... |
2023 |
| Megan E. Bowling |
BECOMING "AUDIT" IT CAN BE: IMPROVING PUBLIC SCHOOL FUNDING THROUGH A STREAMLINED SALES AND USE TAX AGREEMENT FOR REAL PROPERTY TAX |
92 University of Cincinnati Law Review 485 (2023) |
In the early nineteenth century, famed Massachusetts Board of Education Secretary of State and state legislator Horace Mann launched his now-fabled campaign on the behalf of schools that give every child a free, straight, solid pathway by which [they] can walk directly from the ignorance of an infant to . knowledge. Over the next two centuries,... |
2023 |
| Angela R. Riley |
BEFORE MINE!: INDIGENOUS PROPERTY RIGHTS FOR JAGENAGENON: MINE!: HOW THE HIDDEN RULES OF OWNERSHIP CONTROL OUR LIVES. BY MICHAEL HELLER AND JAMES SALZMAN. NEW YORK, N.Y.: DOUBLEDAY. 2021. PP. 322. $17.00 |
136 Harvard Law Review 2074 (June, 2023) |
Many of our most basic rights and fundamental freedoms-- securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our homes--are shaped by property law. In a new book by Professors Michael Heller and James Salzman, Mine!: How the Hidden Rules of Ownership Control Our Lives, the authors set out to... |
2023 |
| Timothy M. Mulvaney |
BENEATH THE PROPERTY TAXES FINANCING EDUCATION |
123 Columbia Law Review 1325 (June, 2023) |
Many states turn in sizable part to local property taxes to finance public education. Political and academic discourse on the extent to which these taxes should serve in this role largely centers on second-order issues, such as the vices and virtues of local control, the availability of mechanisms to redistribute property tax revenues across school... |
2023 |
| Emma Sargent |
BOULDER IS FOR PEOPLE: ZONING REFORM AND THE FIGHT FOR AFFORDABLE HOUSING |
94 University of Colorado Law Review 857 (Summer, 2023) |
The city of Boulder and the Colorado state legislature are both examining potential housing policies to address the growing housing affordability crisis, which reflect similar discussions in other cities and states. Zoning reform must be a central aspect of these housing policy reforms because of its impact on affordability, environmental... |
2023 |
| Jenna Prochaska |
BREAKING FREE FROM "CRIME-FREE": STATE-LEVEL RESPONSES TO HARMFUL HOUSING ORDINANCES |
27 Lewis & Clark Law Review 259 (2023) |
Municipalities throughout the country enforce broad and harmful crime-free housing and nuisance property ordinances (CFNOs)--local laws that encourage landlords to evict or exclude tenants from housing opportunities based on their contact with the criminal legal system or calls for police help. There is little evidence that CFNOs are effective at... |
2023 |
| Khadijah Wright |
BRIDGE OR BARRIER: THE INTERSECTION OF WEALTH, HOUSING, AND THE DISPARATE IMPACT STANDARD |
17 Florida A & M University Law Review 203 (Spring, 2023) |
C1-2Table of Contents I. Wealth and Race are Significantly Intertwined Historically. 205 A. Historical Barriers to Wealth Used Race as A Basis for Exclusion. 205 B. Wealth Exclusion Affects Both Race and Housing. 209 II. The Fair Housing Act of 1968 intended to Prevent Discrimination Based on Group Characteristics. 212 A. Tropes: A Substitute for... |
2023 |
| Jessica Robertson |
CALIFORNIA ASSEMBLY BILL 3121'S CLAIM FOR BLACK REDRESS: THE CASE FOR A STATE TRUTH AND RECONCILIATION COMMISSION AND HOUSING VOUCHERS |
60 San Diego Law Review 513 (August-September, 2023) |
C1-2Table of Contents I. Introduction. 514 II. The Keys to Atonement: Reconciliation and Rehabilitation. 515 A. The Tort Model and The Atonement Model Explained. 517 B. The Task Force Will Likely Seek a Reconciliatory Approach to Redress. 522 C. The Atonement Model Modified. 524 D. The Task Force Should Include a Truth and Reconciliation Commission... |
2023 |
| Karen E. Boxx |
COMMUNITY PROPERTY AND CONFLICT OF LAWS: A CACOPHONY OF CASES |
97 Tulane Law Review 657 (May, 2023) |
I. Introduction. 658 II. A Tale of Three Jurisdictions. 659 III. Description of the Marital Property Systems of the United States. 664 A. History of Community Property in the United States. 664 B. Common Aspects of the Community Property System in the Nine Traditional Community Property States. 665 C. Comparison of the Two Marital... |
2023 |
| Daniel Fitzpatrick |
COMPLEX SYSTEMS OF PROPERTY: CHANGE AND RESILIENCE AFTER A CATASTROPHIC DISASTER |
71 American Journal of Comparative Law 1 (Spring, 2023) |
This Article applies emerging literature on resilience in complex systems to institutional change in property rights systems. Complex systems theory provides an alternative to economic models that adopt assumptions of linearity in property rights transitions--where inputs such as rising resource values induce proportionate outputs in the formation... |
2023 |
| Lisa Lucile Owens |
CONCENTRATED SURVEILLANCE WITHOUT CONSTITUTIONAL PRIVACY: LAW, INEQUALITY, AND PUBLIC HOUSING |
34 Stanford Law and Policy Review 131 (2023) |
Equal treatment of citizens under the law is a supposedly central value in the American legal system, and yet laws often contribute to the further entrenchment of inequality. This Article utilizes qualitative social scientific data to shed light on the differential impacts of law. In particular, this Article asks how vulnerable individuals and... |
2023 |
| Linda E. Fisher |
CONSUMER FRAUD, HOME FINANCING, AND THE EROSION OF TRUST |
118 Northwestern University Law Review 115 (2023) |
Abstract--Consumer fraud is a civil violation of a remedial statute not requiring specific intent to deceive. Most consumer fraud statutes define violations as unconscionable, misleading, or deceptive practices irrespective of intent, in derogation of the principle of caveat emptor. They do not apply to business-to-business transactions. Trust... |
2023 |
| Brandon Weiss |
CORPORATE CONSOLIDATION OF RENTAL HOUSING & THE CASE FOR NATIONAL RENT STABILIZATION |
101 Washington University Law Review 553 (2023) |
Rental housing in the United States is increasingly owned by corporate landlords that operate under a different set of incentives, behind a level of anonymity previously unavailable, and pursuant to practices that often exacerbate an already precarious housing landscape for tenants. Market-sensitive and nuanced rent stabilization laws have... |
2023 |
| |
DAMON Y. SMITH, GENERAL COUNSEL, IN CONVERSATION WITH ASSISTANT SECRETARY FOR HOUSING-FHA COMMISSIONER JULIA GORDON |
31 Journal of Affordable Housing & Community Development Law 287 (2023) |
Damon Y. Smith: What are your top priorities moving forward for the Office of Housing and FHA? Julia Gordon: One of the most exciting parts of being at HUD right now is that my personal priorities honed over a lifetime of work in the public interest sector align with those of Secretary Fudge and President Biden. These include advancing racial... |
2023 |
| Nicole Stelle Garnett |
DECOUPLING PROPERTY AND EDUCATION |
123 Columbia Law Review 1367 (June, 2023) |
Over the past several years, the landscape of K-12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These... |
2023 |
| Peter K. Yu |
DEFERRING INTELLECTUAL PROPERTY RIGHTS IN PANDEMIC TIMES |
74 Hastings Law Journal 489 (February, 2023) |
This Article examines an unprecedented proposal that India and South Africa submitted to the World Trade Organization (WTO) in October 2020, which called for a waiver of more than thirty provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to help combat COVID-19. It begins by recounting the proposal's strengths and... |
2023 |
| Christine Cimini |
DESIGNING INTERDISCIPLINARY, EARLY INTERVENTION DISPUTE RESOLUTION TOOLS TO DECREASE EVICTIONS AND INCREASE HOUSING STABILITY |
70 Washington University Journal of Law & Policy 33 (2023) |
This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations... |
2023 |
| Stephen Clowney |
DO FRATERNITIES VIOLATE THE FAIR HOUSING ACT? AN EMPIRICAL STUDY OF SEGREGATION IN THE GREEK ORGANIZATIONS |
41 Yale Law and Policy Review 152 (Spring, 2023) |
Introduction. 153 I. Why Segregation in the Greek System Matters. 160 A. Greeks Dominate the Social Scene. 160 B. The Greeks Dominate Student Government. 164 C. The Greeks Control Access to Alumni Networks. 168 D. A Note on the Structure and Governance of the Greek Community. 169 II. The Greek System is Segregated. 171 A. Methodology. 173 B.... |
2023 |
| Zvikomborero Chadambuka |
EFFICIENCY, EQUITY, AND DATA AS PRIVATE PROPERTY |
54 Seton Hall Law Review 1 (2023) |
Debate about private property often assumes that the economic outcomes from deploying private property will be beneficial. Yet private property has some demerits. These include a tendency towards allocative inefficiency and regressivity, both largely due to its associated monopoly power and reliance on willingness to pay. Given this, the... |
2023 |
| Samantha Jumper |
FAIR QUESTIONS, MAJOR ANSWERS: ROOTING FAIR HOUSING IN AN INCENTIVE-BASED APPROACH TO AVOID MAJOR QUESTIONS CONCERNS |
50 Fordham Urban Law Journal 505 (March, 2023) |
Introduction. 506 I. Histories of Fair Housing and Major Questions. 508 A. From Discrimination to Fair Housing. 509 1. Federal Housing Legislation: A Historical Overview. 510 2. Rule Changes, and Changes, and Changes. 514 B. Questions about Major Questions. 518 1. Non-Delegation Doctrine and Chevron Deference: Pre-2000. 518 2. The Original Major... |
2023 |
| Alexandra Staropoli |
FAIR SHARE HOUSING CENTER |
31 Journal of Affordable Housing & Community Development Law 315 (2023) |
Fair Share Housing Center is a nonprofit advocacy organization that uses legal, policy, and community-building strategies to dismantle decades of racial and economic discrimination that excludes people from the opportunity to live in safe, healthy, and affordable housing in New Jersey and nationally. Founded nearly fifty years ago to defend the... |
2023 |
| Rubin Danberg Biggs, Patrick Holland |
FAMILIAL-STATUS DISCRIMINATION: A NEW FRONTIER IN FAIR HOUSING ACT LITIGATION |
132 Yale Law Journal 792 (January, 2023) |
A key provision in the Fair Housing Act (FHA)--the Housing for Older Persons Act (HOPA) exemption--has allowed municipalities to weaponize senior housing to discriminate against families, obstruct affordable housing, and perpetuate race and class segregation. This Note documents the nature, stakes, and origins of this pattern and advances three... |
2023 |
| Michael Allan Wolf |
FEVER CHECK: A STATUS REPORT ON JUDICIAL TREATMENT OF COVID-19-RELATED REAL PROPERTY ISSUES |
58 Real Property, Trust and Estate Law Journal 47 (Spring, 2023) |
Author's Synopsis: It was inevitable that residential landlords would challenge the foreclosure moratoria featured in state and federal COVID-19 emergency orders, regulations, and legislation. At the same time, commercial landlords and tenants are wrestling in court over the question of whether the pandemic and restrictions that governments imposed... |
2023 |
| Ariel Roddy, PhD , Kaelyn Sanders , Christian Sarver, PhD , Emily Salisbury, PhD |
FINANCIAL MARGINALIZATION, HOUSING ACCESS, TRANSPORTATION, AND EMPLOYMENT: INTERSECTIONAL CONSIDERATIONS IN WOMEN'S REENTRY |
32-SUM Kansas Journal of Law & Public Policy 55 (Summer, 2023) |
The U.S. carceral system has a vast scope that includes close to two million individuals incarcerated in state, local, and federal facilities, as well as immigration detention centers, juvenile facilities, and other carceral institutions. Additionally, three million people are under probation or parole supervision. In particular, women's system... |
2023 |
| Claire Johnson Raba |
FORFEITING DUE PROCESS: HOW ADJUDICATIVE REFORM FAILS PROPERTY OWNERS |
51 Fordham Urban Law Journal 299 (November, 2023) |
Introduction. 300 A. Methodology. 304 I. Background. 307 A. Civil Asset Forfeiture, A Primer. 307 B. Challenging the Constitutionality of Civil Asset Forfeiture. 312 1. Federal Asset Forfeiture. 312 2. State Forfeiture Statutes. 315 3. Takings Clause. 316 4. Timbs v. Indiana and the Excessive Fines Evaluation. 318 5. Procedural Due Process. 320 II.... |
2023 |
| Gary Rhoades |
FREEDOM OF CHOICE FOR LOW-INCOME RENTERS STILL ELUSIVE AS STATES AND CITIES SCRAMBLE TO CONFRONT HOUSING VOUCHER DISCRIMINATION |
48 Human Rights 16 (2023) |
The Civil Rights Act of 1968, also known as the Fair Housing Act (FHA), will be 55 years old in April 2023. While enforcement of the FHA and many state and local fair housing laws have made inroads on housing discrimination over the last five decades, those laws' promise of freedom to choose our homes and neighborhoods--regardless of our race,... |
2023 |
| Skylar Steel |
FROM DOGHOUSE TO THE DOG'S HOUSE: HOW AMERICAN TRUST LAW IS DEFYING ANIMALS' PROPERTY STATUS |
19 Animal & Natural Resource Law Review 187 (June, 2023) |
American society has evolved its mindset in the way that people think and care about animals. The most significant change is seen with the animals that Americans have opened their homes to. The increased love and care given to these animals has led people to call themselves pet parents and their furry companions, children. This is further... |
2023 |