Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
The Property Of Death, Tanya K. Hernandez
The Property Of Death, Tanya K. Hernandez
Faculty Scholarship
Who owns death and why do we care? The question of who owns death is implicitly deliberated each time a legal dispute ensues over who can direct the manner of a decedent's burial. There is no definitive legal rule as to who has the right to control the disposal of mortal remains because there is no agreement as to who owns a body after death or whether the cadaver is subject to traditional property rights. Although most states have probate laws and health codes which authorize a decedent (or in the alternative, a priority list of family members) to direct …
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
"Reasonable Accommodation" Under The Federal Fair Housing Amendments Act, Robert L. Schonfeld
Fordham Urban Law Journal
This article reviews the legislative history and case law of the Fair Housing Act. It reviews the elements of a claim for reasonable accommodations for persons with disabilities under the FHA. It argues that some courts have incorrectly interpreted the statute restrictively defying the intentions of the drafters of the statute.
Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo
Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo
Fordham Urban Law Journal
This article analyzes three levels of scrutiny states have applied to regulatory takings cases. These include 'judicial deterrence", "rational nexus", and "specifically and uniquely attributable". The author argues that the first two standards are inefficient and concludes in favor of the "specifically and uniquely attributable" standard.