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Full-Text Articles in Law
Nothing “Errant” About It: The Berman And Midkiff Conference Notes And How The Supreme Court Got To Kelo With Its Eyes Wide Open, Benjamin Barros
Nothing “Errant” About It: The Berman And Midkiff Conference Notes And How The Supreme Court Got To Kelo With Its Eyes Wide Open, Benjamin Barros
Benjamin Barros
No abstract provided.
Home As A Legal Concept, Benjamin Barros
Home As A Legal Concept, Benjamin Barros
Benjamin Barros
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal …