Donald C. Langevoort GETTING (TOO) COMFORTABLE: IN-HOUSE LAWYERS, ENTERPRISE RISK, AND THE FINANCIAL CRISIS 2012 Wisconsin Law Review 495 (2012) In-house lawyers are now a principal focus of attention in the study of the legal profession. So it is appropriate in the aftermath of the global financial crisis to inquire about lawyers' perception of, and complicity in, such wrongdoing as may have occurred. This Essay describes the perceptual biases that may distort judgment notwithstanding... 2012
David Cavell GHETTO LOANS: DISCRIMINATION AGAINST AFRICAN AMERICAN BORROWERS IN MORTGAGE MARKETS AND THE IMPACT OF THE IBANEZ DECISION 25 Georgetown Journal of Legal Ethics 449 (Summer, 2012) In 2001, Wells Fargo Bank changed the commission system for their mortgage loan officers and underwriters, structuring the new system to pay employees considerably more when consumers purchased subprime loans instead of prime loans. Over the next few years, as a result of these changes, in the Annandale, Virginia office alone, many loan officers... 2012
Gregory S. Alexander GOVERNANCE PROPERTY 160 University of Pennsylvania Law Review 1853 (June, 2012) Introduction. 1854 I. Governance Property Institutions. 1860 A. The Domestic Sphere. 1860 1. Marriage/Domestic Partnership. 1860 2. The Home or Household. 1861 3. Neighborhoods and Communities. 1862 a. Common Interest Communities. 1862 b. Leaseholds. 1862 4. The Commercial Sphere. 1863 II. The Analytical Structure of Governance Property. 1863 A.... 2012
Lisa T. Alexander HIP-HOP AND HOUSING: REVISITING CULTURE, URBAN SPACE, POWER, AND LAW 63 Hastings Law Journal 803 (March, 2012) U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing... 2012
Kevin C. Foy HOME IS WHERE THE HEALTH IS: THE CONVERGENCE OF ENVIRONMENTAL JUSTICE, AFFORDABLE HOUSING, AND GREEN BUILDING 30 Pace Environmental Law Review 1 (Fall 2012) Housing in the United States, at least prior to the recent economic downturn, came to be viewed as an investment that grew over time, and which could then be cashed in either for better housing or for other uses, much like a growth stock or savings account. But housing's fundamental purpose is to provide a decent place to live-a comfortable place... 2012
Johanna Bond HONOR AS PROPERTY 23 Columbia Journal of Gender and Law 202 (2012) This Article is the first to use a property lens to explore the social construction of honor within legal systems around the world. The Article makes the claim that the law in many countries has implicitly treated honor as a form of property and has made legal and social allowances for men who seek to reclaim honor property through violence. The... 2012
Thomas C. Kost HOPE AFTER HOPE VI? REAFFIRMING RACIAL INTEGRATION AS A PRIMARY GOAL IN HOUSING POLICY PRESCRIPTIONS 106 Northwestern University Law Review 1379 (Summer 2012) Abstract--In a small but significant portion of urban public housing, the dual legacies of segregation and concentrated poverty have long plagued residents. Over the course of decades, these legacies have contributed to chronic systemic failures, the burden of which has disproportionately fallen on members of minority groups. The federal government... 2012
  HOUSING New Jersey 64 Planning & Environmental Law 75 (March, 2012) Developers proposed affordable housing on approximately 329 acres in the township, consistent with regulations adopted by New Jersey's Council on Affordable Housing (COAH). One of the developers filed suit seeking a builder's remedy to compel the township to fulfill its obligations. The trial court found noncompliance but left open the issue of... 2012
Shelby D. Green IMAGINING A RIGHT TO HOUSING, LYING IN THE INTERSTICES 19 Georgetown Journal on Poverty Law and Policy 393 (Summer, 2012) [T]he majestic quality of the law . prohibits the wealthy as well as the poor from sleeping under the bridges, from begging in the streets, and from stealing bread. In this quotation is the notion that the law affords the same legal protections to all persons in making their life choices, regardless of their station in life. Also implicit in this... 2012
Eli Wald IN-HOUSE MYTHS 2012 Wisconsin Law Review 407 (2012) Prevailing myths hold that in-house legal departments offer an attractive work-life balance and equality in their promotion policies, if only in contrast to the hypercompetitive and glass ceiling practice realities at large law firms. This Article challenges both myths. While in-house departments do offer greater flexibility, they increasingly... 2012
Brenda Reddix-Smalls J.D., LL.M. INTELLECTUAL PROPERTY, ANTI-TRUST AND GAME THEORY IN THE MOBILE PHONE TELECOMMUNICATIONS INDUSTRY: PATENT FIGHTS AND MOBILE PHONE APPLICATIONS 5 Biotechnology & Pharmaceutical Law Review 1 (2011-2012) I. Sewing Machine Wars. 2 II. Mobile Communications. 3 III. Game Theory Solution. 5 IV. Telecommunications Telephony Beginnings. 6 1. Bell Company v. Western Union. 7 2. Geographic Isolation to Connectivity. 11 3. Preventing a Monopoly. 13 4. Current Functionality. 15 V. Telecommunications and the Mobile Industry. 15 1. History. 17 2. Dominant... 2012
Ronald E. Reynolds, Joseph M. Rogowski, II JUDICIAL DECISIONS AFFECTING REAL PROPERTY 39 Michigan Real Property Review 211 (Spring, 2012) The Section is active in the judicial process in a variety of ways, such as preparing amicus curiae briefs and monitoring cases of interest to real estate lawyers. This Article provides a quarterly report designed to inform Section members about the Section's efforts to maintain the integrity of the law and to advise Section members about published... 2012
Jesse Kropf KEEPING "THEM" OUT: CRIMINAL RECORD SCREENING, PUBLIC HOUSING, AND THE FIGHT AGAINST RACIAL CASTE 4 Georgetown Journal of Law & Modern Critical Race Perspectives 75 (Spring, 2012) What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. --Michele Alexander What does a person living in public housing look like? Most people in public housing make less than ten thousand dollars a year. Over half are on a fixed income, such as social... 2012
Dan L. Burk LAW AND ECONOMICS OF INTELLECTUAL PROPERTY: IN SEARCH OF FIRST PRINCIPLES 8 Annual Review of Law and Social Science 397 (2012) patent, copyright, trademark, trade secret, public goods, innovation Economic theory has struggled to produce a coherent narrative justifying the implementation of intellectual property regimes, although a variety of rationales have been advanced as explanations. The most prevalent justification characterizes the subject matter of intellectual... 2012
Christopher L. Peterson LOSING OUR HOMES, LOSING OUR WAY, OR BOTH? FORECLOSURE, COUNTY PROPERTY RECORDS, AND THE MORTGAGE ELECTRONIC REGISTRATION SYSTEM 40 Capital University Law Review 821 (Fall, 2012) I would like to begin by echoing some thank yous, the first to Professor Myron Grauer for his fine hospitality. He has taken such good care of Steven and I while we have been in town. I would also like to thank Dean Simpson for his kind hospitality, and I would also like to thank Capital University Law Review, as they have been great to work with,... 2012
David E. Woolley , Lisa D. Herzog MERS: THE UNREPORTED EFFECTS OF LOST CHAIN OF TITLE ON REAL PROPERTY OWNERS 8 Hastings Business Law Journal 365 (Summer 2012) Many problems with the Mortgage Electronic Registry System (MERS) and the home loan securitization process have been reported in print media, in movies, on television and in academic journals. MERS now keeps electronic records on about half of the home mortgages in the United States. Courts have ruled against MERS' standing to foreclose and have... 2012
Tim Iglesias MOVING BEYOND TWO-PERSON-PER-BEDROOM: REVITALIZING APPLICATION OF THE FEDERAL FAIR HOUSING ACT TO PRIVATE RESIDENTIAL OCCUPANCY STANDARDS 28 Georgia State University Law Review 619 (Spring, 2012) What is crowded to some is exactly what is comfortable to others; what is comfortable to some is exactly what is lonely to others. New empirical evidence demonstrates that the two-person-per-bedroom standard (a common residential occupancy policy) substantially limits the housing choices of many thousands of families, especially Latinos, Asians,... 2012
Lenese C. Herbert O.P.P.: HOW "OCCUPY'S" RACE-BASED PRIVILEGE MAY IMPROVE FOURTH AMENDMENT JURISPRUDENCE FOR ALL 35 Seattle University Law Review 727 (Spring, 2012) What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your version of American society is really very difficult for me to recognize. My experience in it has simply not been yours. Occupy is an organic, diverse, grassroots, and... 2012
Jessica D. Zietz ON SECOND THOUGHT: POST-ACQUISITION HOUSING DISCRIMINATION IN LIGHT OF BLOCH V. FRISCHHOLZ 66 University of Miami Law Review 495 (Winter 2012) I. Introduction. 495 II. A Brief History of the Fair Housing Act. 496 A. Historical Perspective. 496 B. Fair Housing Legislation Takes Shape. 498 C. Legislative History. 500 III. Provisions of the Fair Housing Act and Accompanying Regulations that Relate to Post-Acquisition Discrimination Claims. 501 A. 42 U.S.C. § 3604(a) (§ 3604(a)). 502 B. 42... 2012
Robert G. Schwemm OVERCOMING STRUCTURAL BARRIERS TO INTEGRATED HOUSING: A BACK-TO-THE-FUTURE REFLECTION ON THE FAIR HOUSING ACT'S "AFFIRMATIVELY FURTHER" MANDATE 100 Kentucky Law Journal 125 (2011-2012) For as long as there is residential segregation, there will be de facto segregation in every area of life. So the challenge is here to develop an action program. -Martin Luther King, Jr. (1963) A key goal of the 1968 Fair Housing Act (FHA), which was passed as an immediate response to Dr. King's assassination, was to replace the ghettos with... 2012
Nestor M. Davidson PROPERTY AND IDENTITY: VULNERABILITY AND INSECURITY IN THE HOUSING CRISIS 47 Harvard Civil Rights-Civil Liberties Law Review 119 (Winter 2012) Introduction. 119 I. Vulnerability, Status Anxiety, and the Housing Bubble. 122 II. Insecurity and Fear in Homeownership After the Crisis. 129 III. Re-Centering Well Being. 133 IV. Housing Law and Policy in the Balance. 137 Conclusion. 139 2012
Henry E. Smith PROPERTY AS THE LAW OF THINGS 125 Harvard Law Review 1691 (May, 2012) Private law deals with the interactions of persons in society. If we think about all the effects produced by the relation between each pair of persons and then unlimited chains of such interactions--A sells Blackacre to B, who sells to C, who mortgages to D and rents to E, and so on--then prescribing results for such interactions is a potentially... 2012
Michael Burger , Paul Frymer PROPERTY LAW AND AMERICAN EMPIRE 34 University of Hawaii Law Review 471 (Spring, 2012) Current scholarship by legal commentators and political scientists recognizes that the weapons of American empire have involved non-militaristic activities as much as militaristic ones. Such non-militaristic activities include the hegemonic influence of trade agreements, the imposition of legal and procedural norms, and the dissemination of... 2012
Allison Brownell Tirres PROPERTY OUTLIERS: NON-CITIZENS, PROPERTY RIGHTS AND STATE POWER 27 Georgetown Immigration Law Journal 77 (Fall, 2012) In the last decade, state and local governments have passed thousands of laws attempting to regulate immigrants within their boundaries. These regulations have been the subject of much litigation, as well as media attention and legal scholarship. Legal scholars have written extensively on the criminal and employment provisions of such laws, as well... 2012
Gillet Rosenblith REACTION TO: KEEPING "THEM" OUT: CRIMINAL RECORD SCREENING, PUBLIC HOUSING, AND THE FIGHT AGAINST RACIAL CASTE 4 Georgetown Journal of Law & Modern Critical Race Perspectives 209 (Fall, 2012) In Keeping Them Out: Criminal Record Screening, Public Housing, and the Fight Against Racial Caste, Jesse Kropf contends that mitigating racial discrimination in Public Housing Authority (PHA) practices represents one legal means to help dismantle the racial caste system within the United States. Demonstrating both the structural racism within... 2012
Tara A. Waterlander SOME TENANTS HAVE TAILS: WHEN HOUSING PROVIDERS MUST PERMIT ANIMALS TO RESIDE IN "NO-PET" PROPERTIES 18 Animal Law 321 (2012) Living with a disability can make finding a home a difficult task. Discrimination against the use of a service or assistive animal in lease agreements is a hurdle to finding a home for persons with disabilities. This discrimination is particularly pronounced when the individual suffers from a mental or emotional disability, because these... 2012
Stewart E. Sterk STRICT LIABILITY AND NEGLIGENCE IN PROPERTY THEORY 160 University of Pennsylvania Law Review 2129 (June, 2012) Introduction. 2129 I. Information Costs and Strict Liability. 2134 II. Unjust Enrichment and Strict Liability. 2138 III. The Emergence of Negligence-Based Property Rules. 2141 A. Protection of Bona Fide Purchasers. 2141 B. Reasonable Encroachers. 2143 C. Nuisance Law. 2147 IV. Broader Implications for Intellectual Property Rights. 2150... 2012
Laura S. Underkuffler STUART BANNER, AMERICAN PROPERTY: A HISTORY OF HOW, WHY, AND WHAT WE OWN. CAMBRIDGE: HARVARD UNIVERSITY PRESS, 2011, PP. 355, CLOTH $29.95 61 Journal of Legal Education 504 (February, 2012) What is property? If we protect land, copyrights, and body parts as property, why do we protect them? Are the reasons that we do so matters of historical accident or considered policy? This book tackles nothing less than these fundamental questions. In a sweeping, panoramic view of the history and development of American property law over the past... 2012
Jack Lienke SUSTAINABLE SEGREGATION? ASSESSING THE ENVIRONMENTAL IMPACT OF THE WESTCHESTER FAIR HOUSING SETTLEMENT 19 New York University Environmental Law Journal 591 (2012) Introduction. 592 I. Litigation History. 594 A. The Suit. 594 B. The Judgments. 596 1. Motion to Dismiss. 596 2. Motion for Summary Judgment. 599 C. The Settlement. 602 II. Analysis. 605 A. Scoping the Inquiry. 605 B. Defining Sustainable Community . 606 C. Measuring Sustainability. 608 1. The Furman Center / Urban Institute Indices. 609 D.... 2012
Rose Cuison Villazor TEACHING PROPERTY LAW AND WHAT IT MEANS TO BE HUMAN 3 California Law Review Circuit 7 (January, 2012) In the 2009 Disney/Pixar movie, Up, grumpy old man Carl Fredricksen refused to sell his house to commercial developers. Technically not a holdout, Carl eventually becomes the last person to remain in the neighborhood, with his modest home surrounded by new buildings being constructed. Eventually forced by a court to leave his house and move to a... 2012
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