Housing Law Commons^™

A New Lease On Life: Why Arkansas Needs An Implied Warranty Of Habitability, Mary-Kennedy Jackson

Arkansas Law Notes

The implied warranty of habitability is a legal obligation that every state except Arkansas has adopted. The implied warranty of habitability requires landlords to ensure that their rental properties are safe, sanitary, and habitable for tenants regardless of whether these requirements are explicitly stated in the lease. It requires a landlord to maintain their property, make necessary repairs, provide essential services, and ensure the property is free of pests and other hazards. Under the implied warranty of habitability, tenants are given recourse options when a violation of the required standard occurs.

Arkansas’s failure to adopt the habitability warranty leaves approximately …

Not Just A Castle In The Sky: A Legal Remedy For Race-Based Takings In Virginia, Michaela R. Hill

William & Mary Law Review

Part I will address federal and state statutes and case law surrounding physical takings and the eminent domain power. Part I will also discuss Virginia’s history of racial discrimination in housing, the Shoe Lane Community in Newport News, and CNU’s expansion into the neighborhood for the elimination of blight. Part II will present the first prong of this Note’s three-pronged approach to correcting Virginia’s abuse of its eminent domain power to take residential properties: adopting stricter statutory blight standards. Part III will present the second prong: a new formula for calculating increased just compensation. Part IV will outline the third …

State Intervention In Local Zoning: Lessons From Housing Applied To Data Centers, Matthew De Boer

Fordham Law Review

There is growing regulatory tension at the intersection of data center development and local land use law. As states aggressively court data centers with tax incentives and economic policies, they have largely declined to regulate where and how these facilities are sited. Local governments, left to absorb the consequences, have responded unevenly, attempting to fit extraordinary land, water, power, and noise-intensive data centers into zoning frameworks designed for far less demanding industrial uses. The result has been a cycle of uncertainty and conflict: developers face unpredictable approvals, moratoria, and litigation, while residents bear escalating infrastructure strain, environmental impacts, and diminished …

Generative Artificial Intelligence With A Human Touch: Building Hana, Conrad Johnson

Faculty Scholarship

This Essay examines how generative artificial intelligence (GenAI) can be integrated into legal education and public interest law practice in a way that meaningfully enhances — rather than diminishes — human judgment, professional responsibility, and access to justice. Drawing on the experience of Columbia Law School’s Lawyering in the Digital Age Clinic, the Essay situates GenAI within an experiential pedagogy that emphasizes competence, ethical awareness, and collaborative problem-solving. It argues that law students and lawyers must move beyond a passive or uncritical use of GenAI tools; toward a deeper understanding of how these systems operate, the risks they pose, and …

Beyond The Individual: Exploring Structural Explanations Of Homelessness Through Thematic Analysis Of Extant Research, Madison R. Mcclain

Senior Theses

This thesis examines how homelessness is defined, explained, and addressed within contemporary U.S. research using Critical Race Theory (CRT) and Intersectionality as guiding frameworks. Through a qualitative, deductive thematic analysis of 16 peer-reviewed articles, this study identifies six key themes related to structural causation, policy governance, measurement practices, racial inequality, dominant narratives, and intersecting systems of disadvantage. Findings reveal that while structural explanations of homelessness are widely acknowledged, they are inconsistently defined and often insufficiently theorized. Institutional systems primarily function to manage rather than resolve homelessness, while measurement practices and definitions actively shape who is recognized and prioritized. Additionally, structural …

Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

A Tale Of Two Landlords, Christopher J. Ryan Jr.

Kentucky Law Journal

No abstract provided.

Can Mayor Mamdani Freeze The Rent? It’S Complicated, Nestor Davidson, David J. Reiss

Cornell Law Faculty Publications

In Can Mayor Mamdani Freeze the Rent? It’s Complicated, former New York City Rent Guidelines Board (RGB) chairs Nestor Davidson and David Reiss examine the legal and policy realities behind Mayor Zohran Mamdani’s campaign promise to freeze rents for the city’s approximately one million rent-stabilized apartments. The authors explain that, although the mayor appoints members of the RGB, state law grants the board—not the mayor—the authority to set annual rent adjustments using statutory criteria and economic data. They argue that the RGB must independently evaluate evidence concerning tenant affordability, landlord operating costs, and the overall health of the city’s …

The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin

University of Cincinnati Law Review

No abstract provided.

Our Eviction Court Clients Need This Treaty: The U.S. Must Finally Ratify The International Covenant On Economic, Social, And Cultural Rights, Fran Quigley

Marquette Benefits and Social Welfare Law Review

Anyone enduring poverty in the U.S. or working with persons enduring poverty–as we do in our law school eviction clinic–is aware that housing, healthcare, food, and sufficient income are essential to human survival and dignity. Yet those basic necessities are not rights guaranteed under U.S. law. Instead, discretionary, underfunded efforts to address economic needs have led to widespread U.S. poverty and a toxic one-step-forward/one-step-backward policy dance, characterized by safety net programs expanding only to be cut when political winds shift.

The U.S. should join nearly every other nation in the world by ratifying the International Covenant on Economic, Social, and …

Middle Plaza Redesign, Marlo Lavacude-Klenck

City and Regional Planning

Middle Plaza Redesign presents a conceptual redevelopment of Middle Plaza, an 8.43-acre site located at 500 El Camino Real in Menlo Park, California. Originally developed as a mixed-use project in the 2010s, the redesign evaluates the site through the regulatory atmosphere, market conditions, and housing needs of 2025.

The project examines site conditions, market demand, state and local planning frameworks, and applicable development standards, including recent California housing legislation that eliminates parking minimums and streamlines environmental review. A financial feasibility analysis using proforma modeling evaluates two investment scenarios and demonstrates the economic challenges of delivering high-density rental housing despite regulatory …

Cle Program: Putting People At The Center Of Representation 2-24-2026, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

Subsidiarity Municipalism In Action: On Vincent V. Adams, Gregory E. Louis

University of Michigan Journal of Law Reform Caveat

Building on the author’s recent article Protecting Commoners’ Goods: Pluralist Coexistence Through the Common Good Constitution’s Subsidiarity Municipalism (PCG), this Essay deconstructs the recent New York appellate opinion in Vincent v. Adams. That case reverses a trial court opinion that PCG criticizes as an example of how current law misunderstands the proper relationship between local government and federal and state authorities. This Essay uses the appellate court decision in Vincent v. Adams to reinforce PCG’s thesis of subsidiarity municipalism, to offer another illustration of subsidiarity municipalism’s progressive potential, and to suggest how subsidiarity municipalism can inform the relationship between …

Differential Validity In Fair Lending, Spencer Caro, Talia B. Gillis, Scott Nelson

Faculty Scholarship

Fair lending’s disparate impact doctrine aims to address lending disparities. But which disparities? Traditional fair lending has narrowly focused on equal outcomes — examining differences in loan approval rates or interest rates. However, this singular focus overlooks other dimensions of disparities that are essential for fair credit access. This article challenges the conventional emphasis on equal outcomes, demonstrating how it has failed to address deep-rooted inequalities in traditional credit allocation while also stifling innovation in machine-learning and alternative data. We argue that disparities in the validity of creditworthiness predictions — the accuracy with which a model identifies creditworthy applicants — …

Digital Redlining In The Smart City: Artificial Intelligence, Housing Law, And Structural Urban Inequality, Spurthi Nrusimhadevara

Undergraduate Scholarship and Creative Works

Artificial intelligence is increasingly used in urban housing systems, where it shapes decisions about tenant screening, rent pricing, lending, zoning, and neighborhood investment. Although these tools are often promoted as efficient and impartial, they frequently rely on historical data that reflect racial, economic, and spatial inequality. As a result, AI systems can reproduce discriminatory outcomes even when protected characteristics are not directly used. This paper examines digital redlining in the smart city and argues that algorithmic housing tools mirror long standing structural inequities that raise significant concerns under fair housing and civil rights law. It evaluates how automated screening, predictive …

The Case Against State Emotional Support Animal Documentation Laws, Krista Wirth

Animal Law Review

Under the Fair Housing Act (FHA), a tenant with a service animal or emotional support animal (ESA) may request a reasonable accommodation from their housing provider to have their assistance animal live with them in housing that might not otherwise permit animals. In recent years, several states have implemented laws that aim to address “fraudulent” emotional support animals (“state ESA laws”). These laws limit the types of acceptable verifying documentation or place requirements on a healthcare provider’s ability to produce documentation to verify an individual’s disability and disability related need for a support animal—documentation an individual often needs to support …

Race Conscious Programs After Students For Fair Admissions, Seonwoo Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that the federal government can legally mitigate geographical segregation and economic oppression by implementing race-conscious infrastructure and procurement policies. It contends that such efforts remain a compelling state interest under the strict scrutiny standards established in Students for Fair Admissions (SFFA), provided they are designed to remedy specific, identifiable past government discrimination.

Closing The Door On Housing Discrimination: Why Rhode Island Must Enact A Fair Chance In Housing Act, Jessica Galego

Roger Williams University Law Review

No abstract provided.