Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law and economics (2)
- African American (1)
- Bankruptcy (1)
- Black (1)
- Black land loss (1)
-
- Civil War (1)
- Collective Ownership (1)
- Common Ownership (1)
- Common Property (1)
- Community (1)
- Democracy (1)
- Democratic (1)
- Discrimination (1)
- Distressed property (1)
- Eminent Domain (1)
- Eminent domain (1)
- Empirical legal studies (1)
- Estate Planning (1)
- Farmers (1)
- Farmland (1)
- Farms (1)
- Forced Sale (1)
- Forced sale (1)
- Foreclosure (1)
- Heirs (1)
- Housing discrimination (1)
- Independence (1)
- Indian Law (1)
- Indians (1)
- Intestacy (1)
Articles 1 - 3 of 3
Full-Text Articles in Law and Race
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Destabilizing The Normalization Of Rural Black Land Loss: A Critical Role For Legal Empiricism, Thomas W. Mitchell
Thomas W. Mitchell
Mitchell's study exemplifies the New Legal Realist goal of combining qualitative and quantitative empirical research to shed light on important legal and policy issues. He also demonstrates the utility of a ground-level contextual analysis that examines legal problems from the bottom up. The study tracks processes by which black rural landowners have gradually been dispossessed of more than 90% of the land held by their predecessors in 1910. Mitchell points out that despite the continuing practices that contribute to this problem, there has been very little research on the issue, and what little attention legal scholars have paid to it …
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
Thomas W. Mitchell
This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …
Forced Sale Risk: Class, Race, And The "Double Discount", Thomas W. Mitchell, Stephen Malpezzi, Richard K. Green
Forced Sale Risk: Class, Race, And The "Double Discount", Thomas W. Mitchell, Stephen Malpezzi, Richard K. Green
Thomas W. Mitchell
What impact does a forced sale have upon a property owner's wealth? And do certain characteristics of a property owner such as whether they are rich or poor or whether they are black or white, tend to affect the price yielded at a forced sale? This Article addresses arguments made by some courts and legal scholars who have claimed that certain types of forced sales result in wealth maximizing, economic efficiencies. The Article addresses such economic arguments by returning to first principles and reviewing the distinction between sales conducted under fair market value conditions and sales conducted under forced sale …