Law Commons^™

The Hcpo Way: Resolving Claims Through Cooperation, Anna Rubin

Fordham Law Review

The Nazi regime systematically stripped Jews and other persecuted groups of property through a framework of laws that gave their spoliation a veneer of legality. Postwar restitution programs, though groundbreaking in their efforts to provide individual victims with either compensation or the return of their property, were hampered by strict legal limitations, inconsistent procedures, and the slow pace of resolution. Contemporary restitution efforts increasingly recognize that legal avenues alone cannot fully redress these injustices. This Essay examines the work of the Holocaust Claims Processing Office (HCPO) of the New York State Department of Financial Services, which has developed a model …

When The Taxpayers Are Not Innocent: The Need For Punitive Damages Against Municipalities Under The Fair Housing Act, Charlotte Saltzman

Fordham Law Review

Combatting housing discrimination by municipalities is a core function of the Fair Housing Act (FHA). Courts disagree, however, as to whether punitive damages can be awarded against municipal defendants. The purpose of this Note is twofold. First, it compares the Second Circuit’s recent decision in Gilead Community Services, Inc. v. Town of Cromwell, which held that punitive damages were appropriate against the Town of Cromwell, with the reasoning of district courts that came to the opposite conclusion in reliance on § 1983 precedent. Second, notwithstanding the sufficiency of the statutory analysis, it evaluates the public policy concerns of awarding …

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Join The Cardozo Real Estate Association In Hosting Gibson Dunn, Real Estate Law Association (Rela), Gibson Dunn

2025–2026 Flyers

Come learn about the firm and the real estate law field !

Forfeiture Takings, Police Power, And Necessity Destruction, Shelley Ross Saxer

University of Miami Law Review

Civil forfeiture laws allow law enforcement to seize property when there is probable cause it has been used or possessed in violation of legal rules, often before an owner has a chance to contest the government’s seizure in court. In the criminal context, forfeiture is typically an in personam action that requires a criminal conviction and is part of a defendant’s sentence. In the civil context, however, forfeiture is an in rem proceeding brought against the property derived from or used to commit an offense––not against the person who committed the offense. As such, a civil forfeiture may not require …

Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins

Washington Law Review

The unconstitutional conditions doctrine dictates what a government can and cannot do when exercising its police powers to promote community interests. Recent Supreme Court jurisprudence highlights a special application of the doctrine in the land use context, with Sheetz v. County of El Dorado recognizing constitutional scrutiny of legislative decisions. After decades of using its own analysis, Washington courts now use the federal approach in these cases. Land use exists at the forefront of Washington policies and the state maintains a sharp focus on the affordable housing crisis. One approach enacted at the local and state level is mandatory inclusionary …

Criminalization Of Landlord/Tenant Law: Arkansas’ “Failure To Vacate” Statute, Anastacia Greene

Law Faculty Scholarship

Arkansas is not a notable state. It is often confused with Kansas or Alabama. It is difficult for most Americans to find on a map. Perhaps Arkansas has few distinctions. However, it is the only place in the country where a tenant can be thrown in jail for missing a rental payment. The legal landscape of Arkansas is unique in many ways, primarily in its old-fashioned, even archaic, view of property law.

First, this article examines the history behind the Failure to Vacate statute. Next, this article reviews the constitutional challenges that the statute has faced, and recent litigation. Then, …

Subsistence As Resistance: Reconceptualizing The Theory Of Progressive Property To Incubate Resistance To Consumerism, D.S. Pensley

William & Mary Environmental Law and Policy Review

This Article reconceptualizes the theory of progressive property by juxtaposing legal theory with the empirical study of a subsistence economy in the U.S. Subarctic. Progressive property holds that owners are bound by obligations to non-owners as a means to achieve human flourishing. The theory is constrained by the primacy of private property in Western thought, and it also lacks the ecological ethic required for sustainability. Drawing from my fieldwork, I suggest that human flourishing must additionally incubate resistance to consumerism.

Federal statute, 16 U.S.C. § 3113, defines subsistence as “the customary and traditional uses by rural Alaska residents of wild, …

Equity Partners Or Equity Predators? A Call For Federal Regulations To Safeguard Against Abusive Home Equity Sharing Agreements, Lindsay Lankau

Washington and Lee Law Review

Home equity sharing agreements are on the rise throughout the country. In a home equity sharing agreement, homeowners are given a lump sum of cash, upfront, in exchange for a portion of their home’s future value. Agreements are structured however the investment company prefers and are not subject to any state usury caps, mortgage loans, or federal lending laws. The investment companies believe that their product is exempt from all of these requirements, despite the high risk that home equity sharing poses to consumers. In reality, home equity sharing agreements are dangerous, unregulated mortgage loans, which are being utilized by …

Religious Conflicts In Disguise: The Limits Of The Law In Tackling Conflicts With Religious Dimensions, Yael Efron

Cardozo Journal of Conflict Resolution

In previous publications, we have established the crucial differences between conflicts with religious dimensions (CRDs) and other types of conflicts. We claim that a legal solution to CRDs is rarely sufficient to terminate the conflict and often might lead to further damage to communities and persons, sometimes even harsher than the original dispute. Since not all CRDs are similar, a theorized model of their distinguishing elements—time, intensity, and proximity to core values—assists us in differentiating them. By analyzing the elements of CRDs in accordance with the TIV model, we can more easily determine which conflicts are suitable for legal process …

Unpacking Singapore's Leasehold Relativity Table: An Empirical And Legal Analysis, Koon Shing Kwong, Jing Rong Goh, Seng Wei, Edward Ti

Research Collection School Of Economics

In Singapore, most land is state-owned, with the state generally issuing leasehold estates via state leases of not more than 99 years1, depending on the intended land use. Naturally, the value of a leasehold estate, which erodes over time as the lease approaches the end of its term, is a key component of the premium charged for lease renewals, or the tax imposed for permission given in relation to a development that would increase the value of the land. By law, the state valuation of leasehold land is prescribed by a leasehold relativity table colloquially known as ‘Bala’s Curve’ or …

The Not-So-Silent Side Effects Of Upzoning: Noise Pollution, Mackenzi Barrett

Vanderbilt Law Review

A broad coalition has formed to oppose restrictive zoning laws. According to this coalition, zoning is largely to blame for the current housing crisis facing the United States, and to increase the housing supply, cities across the country should embrace upzoning—that is, loosen zoning laws to allow for greater density. Like many other well-intentioned policy changes, upzoning has the possibility for negative unintended consequences. Among those consequences is noise pollution. In recent decades, noise pollution has gone largely undiscussed in the United States. Notwithstanding this neglect, existing research demonstrates that noise pollution can have serious adverse effects on people’s health …

Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum

Book Chapters

In 2011, the Brazilian Government began dismantling the country’s robust framework for Indigenous land rights by enacting measures to deny Indigenous Peoples’ access to their ancestral lands. From 2019 to 2022, the government did not recognize or title a single hectare of Indigenous lands, despite more than 700 pending requests for demarcation (or formal designation and titling). A change in government and six land demarcations in 2023, however, show signs of a new era for Indigenous Peoples’ rights and relationship with the state. This chapter analyzes evolving Indigenous land rights pre- and post-constitutionalization in 1988, the result of intense political …

Emission Impossible: Challenging The Imposition Of New York City’S Local Law 97, Daniel Lopiccolo

Brooklyn Journal of Corporate, Financial & Commercial Law

New York City’s Local Law 97 was passed by the City Council in 2019 with the goal of reducing citywide carbon emissions. The law imposes civil penalties on property owners whose buildings fail to comply with carbon emissions limits stipulated by the city. While the law admirably aims to minimize New York’s carbon footprint, its present burden is excessive and disproportionate to the offense committed, making the cost of affording lower and middle-class housing units increasingly untenable for many New Yorkers, especially for property owners in co-op and condo communities. Many such as Glen Oaks Village Owners, Inc., the plaintiffs …

A Safe Structure: Utilizing Antitrust Structuralism To Address Institutional Investors In The Housing Market, Vanessa M. Brady

Nevada Law Journal

No abstract provided.

Is There Life In The Ruins? A Look At Post-Sveen Contract Clause Jurisprudence, James W. Ely, Jr.

Vanderbilt Law School Faculty Publications

Seven years ago, in Sveen v. Melin, the Supreme Court applied the prevailing multipart test and rejected a contract clause claim. The result was hardly a surprise. The Court has not invoked the contract clause to invalidate a state law in more than forty years. The decision broke no new ground and seemingly signaled that the Court was content with the current multipart test, one that appears calculated to uphold state regulatory authority rather than vindi- cate the rights of contracting parties. Justice Neil Gorsuch force- fully dissented in Sveen, insisting that the multifactor test "seems hard to square with …

Brigham-Kanner Property Rights Journal, Volume 14, William & Mary Law School

Brigham-Kanner Property Rights Journal

Gideon Kanner Remembrance

September 12-13, 2024

Restructuring Property: A Tribute to Lee Fennell

Background Principles, General Law, & Constitutional Property

Roundtable: Unfinished Business & Emerging Issues

Property Rights and Housing In Crisis

Government Trespass: The Fourth Amendment "Open Fields" Doctrine Turns 100

The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner

Fordham Environmental Law Review

The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …

Optimizing The Role Of Notaries In Digital Property Inheritance: A Comparative Legal Analysis, Tjhong Sendrawan, Rosa Agustina, Edmon Makarim, Arman Nefi, Josephine Rus Indra Sapti Ipfelkofer

Indonesia Law Review

One of the provisions in inheritance laws regarding the transfer of digital property after someone's death is a relatively new and evolving area of legal consideration. Inheritance laws were developed long before the widespread adoption of digital property, such as cryptocurrencies, non-fungible tokens (NFTs), online accounts, and other forms of digital property. As a result, existing inheritance laws often lack clear guidance on how to control the legal transfer of these digital assets upon the owner's death. This article aims to analyze the legal concept of digital property to be inherited and to provide solutions for current digital property inheritance …

Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan

Fordham Environmental Law Review

After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …