Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute,
2022
University of Arkansas at Little Rock William H. Bowen School of Law
Property Law—Beyond Repair: The Persistent Unconstitutionality Of The Failure To Vacate Statute, Colin Boyd
University of Arkansas at Little Rock Law Review
No abstract provided.
Contractual Inequality,
2022
University of California, Berkeley, School of Law
Contractual Inequality, Manisha Padi
Michigan Law Review
Most individuals strive to satisfy every obligation laid out in standard form contracts such as mortgages, insurance plans, or credit agreements. Sophisticated parties, however, adapt and modify their obligations during contract performance by negotiating for lenient treatment and taking advantage of unclear terms. The common law explicitly authorizes variance from standardized contract terms during performance. When the same standard terms create value for sophisticated individuals and destroy value for others, the result is contractual inequality. Contractual inequality has grown without scrutiny by courts or scholars, enabling regressive redistribution of resources and creating economic inefficiency by sowing distrust in markets for …
A Critical Jeffersonian Mind For A Community Reinvestment Bind,
2022
Georgetown University Law Center
A Critical Jeffersonian Mind For A Community Reinvestment Bind, Chaz D. Brooks
Marquette Benefits and Social Welfare Law Review
The Community Reinvestment Act of 1977 ("CRA") primarily sought to remedy decades of government sanctioned disinvestment in so-called “redlined communities.” Through the Home Owners’ Loan Corporation and later the Federal Housing Administration, the United States of America created from whole cloth a structure that encouraged and subsidized the explosion of homeownership in white American households. Following decades of racialized wealth generation, the United States had a change of heart. Congress determined that financiers needed a gentle push to invest fairly. Additionally, Congress wanted one thing clear in the drafting of this remedy— it must not allocate credit. This essay considers …
Tiny Homes: A Big Solution To American Housing Insecurity,
2022
Texas A&M University School of Law
Tiny Homes: A Big Solution To American Housing Insecurity, Lisa T. Alexander
Faculty Scholarship
“There’s no place like home,” said Dorothy. Yet, millions of people in the United States may face eviction, foreclosure, or homelessness in 2021 and beyond. America is on the brink of an unprecedented housing crisis in the wake of Covid-19. The federal government, and various states and localities, have taken actions to avert a housing crisis in the aftermath of Covid 19. While these actions have undeniably helped mitigate widespread foreclosure and eviction crises, they do not fully address the more fundamental American housing challenge—an inadequate supply of affordable housing at all income levels, a longstanding problem that Covid-19 has …
Recent Developments,
2022
University of Arkansas, Fayetteville
Recent Developments, Silas Heffley
Arkansas Law Review
In a case involving a Missouri televangelist, a purported COVID-19 cure, and state officials from Arkansas and California, the Eighth Circuit Court of Appeals affirmed the lower court’s dismissal for lack of personal jurisdiction.
Code Harassment Needs A Texas-Sized Solution,
2022
Texas A & M University - College Station
Code Harassment Needs A Texas-Sized Solution, David Seth Morrison
Texas A&M Journal of Property Law
Municipal Code Enforcement exists to abate nuisances and resolve conflicts between neighbors. Code enforcement often discovers nuisances through citizen complaints. Cities and code enforcement departments have taken great lengths to protect complainants from retaliation, but these protections have extended too far and created a problem in reverse. Code harassment occurs when people make excessive or false reports to code enforcement departments to harass neighbors. Code enforcement officers do their jobs and investigate the complaints leading to visits and fines. Many people are shocked to find they can do nothing to stop the harassment save leaving their residence because the law …
Vara Turns Thirty-One: How Amending The Visual Artists Rights Act Of 1990 To Add Guiding Language Can Further Advance The Act’S Purpose,
2022
Texas A&M University School of Law (Student)
Vara Turns Thirty-One: How Amending The Visual Artists Rights Act Of 1990 To Add Guiding Language Can Further Advance The Act’S Purpose, Ana-Victoria Moreno
Texas A&M Journal of Property Law
Congress passed the Visual Artists Rights Act (“VARA”) in 1990, introducing the doctrine of moral rights into United States law. Moral rights consist of four rights: attribution, disclosure, withdrawal, and integrity. VARA recognizes the rights of attribution and integrity to preserve the integrity of artworks and of the country’s cultural heritage by encouraging artists to create. The passing of VARA has been met with criticism but also with excitement that Congress recognized the importance of artists’ non-economic rights. In the thirty-one years since the enactment of VARA, caselaw has developed that shows how courts and parties are interpreting its language. …
Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation,
2022
Texas A&M University School of Law (Student)
Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation, Trevor Paul
Texas A&M Journal of Property Law
Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent on the interpretation of a “place of public accommodation.” District courts within the Minority Approach have …
Content Moderation Issues Online: Section 230 Is Not To Blame,
2022
Texas A&M University School of Law (Student)
Content Moderation Issues Online: Section 230 Is Not To Blame, Reese D. Bastian
Texas A&M Journal of Property Law
Section 230 of the Communications Decency Act (“Section 230”) is the glue that holds the Internet—as we know it today—together. Section 230 says, “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Simply put, Section 230 says that websites or platforms are not liable for content posted by third parties. There are many critics who attribute the maladies of the online world to Section 230. Section 230 presents issues such as over-moderation by Interactive Computer Service (“ICS”) providers that can go as far …
Hotels In Distress: Surviving An Economic Downturn Through Non-Traditional Contracting,
2022
Texas A&M University School of Law (Student)
Hotels In Distress: Surviving An Economic Downturn Through Non-Traditional Contracting, Leslie Mckee
Texas A&M Journal of Property Law
The hospitality industry is no stranger to market fluctuation, but with the onset of a global pandemic, 2020 left its mark as the worst year on record for the industry. With vacancy permeating hotels across the nation, hotel owners faced a year of tough financial decisions, while the unrelenting demands of mortgage payments and operating expenses loomed in the background. Uncertainty became the new normal, and the term “unprecedented” became commonplace as the pandemic lingered beyond initial expectations. The one-year anniversary of the 2019 novel coronavirus (“COVID-19”) pandemic passed without effect as the crisis situation spilled over into a new …
Patently Absurd: The Invention Secrecy Order System,
2022
Texas A&M University School of Law (Student)
Patently Absurd: The Invention Secrecy Order System, Gregory Saltz
Texas A&M Journal of Property Law
The current patent application secrecy order system has almost no safeguards to prevent abuse and overreach into private intellectual property rights by the Government. Defense agencies are presently able to have the United States Patent and Trademark Office place secrecy orders on applications by merely deciding for themselves that revelation of information found therein would be detrimental to national security; there are no rules or restrictions on how the agencies go about making this determination. Likewise, the current system contains little in the way of protection for inventors who are left without a meaningful way to challenge these orders. The …
Property Laws, White Settler Power And The Kingdom Of Hawai’I,
2022
Swarthmore College
Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk
Swarthmore Undergraduate History Journal
Hawai’ian property laws in the 19th century, while intended to provide for the transition of the islands to a European mode of commerce and allow for greater prosperity, weakened the power of Native Hawai`ian subjects and ultimately contributed to European planter power and the eventual annexation of the islands. Prior to European contact, land in the Kingdom of Hawai`i was communally owned and not treated as a tradable commodity. However, forced to settle foreign debts, the Hawai’ian government instituted land reform intended to raise money and maintain Hawai’ian sovereignty. Given the constant threat of annexation by Western powers and …
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce,
2022
Depaul University College of Law
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring,
2022
Drake University Law School
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge,
2022
University of North Dakota School of Law
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society,
2022
University of Calgary
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
Race And The Covid-19 Eviction And Housing Crisis,
2022
Watts, Donovan, Tilley & Carson, P.A.
Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz
Arkansas Law Notes
Historical and present discriminatory housing, land use, property, and criminal policies and laws have contributed to an inaccessibility of homeownership and wealth accumulation for people of color in the United States. “People of color rent at higher rates than white people,” and thus, face a higher risk of eviction. People of color are also overrepresented in jobs most affected by the COVID-19 pandemic, like the restaurant and hotel industries. As compared to white workers, Black and Latinx Americans are less likely to have access to paid sick leave and family leave, forcing them to choose to go to work when …
Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing,
2022
University of Pennsylvania Law School
Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing, Alexis K. Désiré
Seattle Journal of Technology, Environmental & Innovation Law
Imagine that during the course of hydraulically fracturing a tract of land—a process used to extract gas from low-permeability rock formations —a drilling company causes fractures, as well as some of the materials necessary to the fracturing process, to cross the boundary of its property line and enter an adjoining property—that is, it makes a subsurface intrusion onto a neighbor’s property. Assume further that, because the company’s fractures have extended into the neighbor’s property, oil and gas from the neighboring land travels to the company’s wellbore, causing the neighbor to bring a tort action against the company for harms related …
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022,
2022
Roger Williams University
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Getting Real, Getting Personal: Fictions And Realities Of Property Across Borders (Review Of Lionel Shriver, Property: Stories Between Two Novellas And Ayelet Waldman, Love & Treasure),
2022
S.J. Quinney College of Law, University of Utah
Getting Real, Getting Personal: Fictions And Realities Of Property Across Borders (Review Of Lionel Shriver, Property: Stories Between Two Novellas And Ayelet Waldman, Love & Treasure), Jorge L. Contreras
Utah Law Faculty Scholarship
From our earliest days, we are steeped in stories revolving around the acquisition, and loss, of property. For these reasons, Lionel Shriver’s collection of short fiction – Property: Stories between Two Novellas – and Ayelet Waldman’s novel Love & Treasure are particularly worthy of attention. Each of these works sheds new and interesting light on assumptions about property across national and cultural boundaries and raises questions about the place of property in shaping the human experience.
