Home ownership is inextricably tied with the fulfillment of the American Dream. Reaching this lofty goal entails a tantamount commitment: Mortgages are on average a thirty-year obligation and one of the greatest sources of financial difficulty for old and new families alike. It follows that laws centering around owning a home are especially sensitive. Yet it can be asked: For whose benefit do these laws exist?
Category: Notes
Crystal Courts and Muddy Waters: Wetland Regulation in a Post-Sackett World
In Sackett v. EPA, the Supreme Court held that the EPA lacks jurisdiction under the Clean Water Act to regulate wetlands, unless those wetlands share a “continuous surface connection” with an otherwise jurisdictional waterbody. In doing so, the Court struck down the EPA’s definition of “waters of the United States,” revisited forty-five years of practice, and signaled increasing suspicion of vague jurisdictional mandates in administrative law.
Toward a Modernized Fair Use Standard for Parody: Harmonizing Campbell v. Acuff-Rose Music, Inc. with Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
On a black box stage, women donning beanies imbibe cans of hard seltzer at a slumber party. A few moments later, a crowd of actors breaks into choreographed song and dance to “Crank That” by Soulja Boy at a high school dance. On May 12, 2022, a federal district judge deemed these scenes and others from the up-and-coming musical, Vape,
Taxing Cultural Endowments
On February 5, 2019, the Museum of Modern Art (MoMA) in New York announced that it had received the largest donation in its ninety-year history: a $200 million gift from the estate of David Rockefeller, the grandson of oil magnate John D. Rockefeller. Rockefeller was a tremendous steward of the MoMA not only at death, but also during his life.
Safe at Home: Reimagining Address Confidentiality
On her fourth attempt to escape, a Michigan survivor hoped that her abuser would not find her this time. But, as in her previous attempts, he was able to locate her new address: In the survivor’s words, “It is so easy to just look up some of that information.” Whether it be through free and easily accessible public records—such
Giving Credit When You Are Due: Tax Credits for Birth Mothers Post-Dobbs
Pregnancy is extremely dangerous for women. Maternal mortality rates are tragically high in the United States, and women of color have the greatest risk of death or other complications during and after pregnancy. Although some legislation aims to provide assistance to women with children—such as the Child Tax Credit and the Earned Income Tax Credit—women who choose to
May She Get Justice: How Coercive Control Statutes Mitigate Religious Abuse in Contested Jewish Divorces
In September 2022, Michelle Hazani won full custody of her children after three years of legal proceedings against her abusive husband, Yaron. Michelle was one of many women who have benefitted from a California statute that creates a presumption against awarding custody to an abusive parent. However, Michelle’s case was unusual in one respect: as evidence that Yaron abused Michelle
Plane-Arazzi: Balancing Remedies for Celebrities Tracked By ADS-B With the Threat of Censorship
Since their rollout in 2008 and widespread adoption in the years since, Automatic Dependent Surveillance-Broadcast (ADS-B) transponders have made air travel both smarter and safer. In 2024, anyone with a smartphone can download their plane tracking app of choice—made possible by crowdsourcing reception of ADS-B transmissions—and hold worldwide airspace in the palm of their hand. However, the ADS-B
Better Good Than Lucky: A Legal Analysis Of Poker As A Skill Game In A Changing Gambling Climate
Economist Steven Levitt likens the game of poker to playing a sport or a musical instrument. Many people from all walks of life enjoy playing recreationally. It takes little skill to pick up a basketball or a guitar, but a great deal of skill obtained over thousands of hours of practice to play well. People spend money to improve, take
Tribal Sovereignty & Sovereign Immunity In Bankruptcy
In July 2019, Brian Coughlin borrowed $1,100 from a payday lender named Lendgreen. Later that year, Mr. Coughlin filed for bankruptcy and listed his outstanding balance of about $1,600 owed to Lendgreen among his debts. Debt collection during a bankruptcy case is prohibited by the Bankruptcy Code’s automatic stay. Despite the stay, Lendgreen continued to try to collect Mr. Coughlin’s
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