The Unintended Consequences of the Court's Religious Freedom Revolution: A History of White Supremacy and Private Christian Church Schools

By: Vania Blaiklock

Family | Home | School

By: LaToya Baldwin Clark

Lessons from Natural Resources

By: Vanessa Casado Pérez

Climate Change Adaptation as a Problem of Inequality

By: David A. Dana

Streaming Property

By: Lee Anne Fennell

Flint's Fight for Environmental Rights

By: Noah D. Hall

The Missing U.S. VAT

By: Ajay K. Mehrotra

Compulsory Terms in Property

By: Timothy M. Mulvaney

Lessons from Racially Restrictive Covenants

By: Carol M. Rose

American Courts' Image of a Tenant

By: Nadav Shoked

Eviction Court Displacement Rates

By: Nicole Summers

The Uneven Burdens of Child Support

By: Allison Tait

Property Loss, Government Fault, and the Global Warming Catastrophe

By: Laura S. Underkuffler

Challenging Equality: Property Loss, Government Fault, and the Global Warming Catastrophe

By: Underkuffler, Laura S | August 28, 2022

One of the bedrock principles of American property law is that all property owners and all property are protected equally. We do not believe—when it comes to compensation for loss—that poor owners are compensated rigidly and rich owners are not, or that property in private homes is protected rigidly and property in commercial or industrial structures is not. When it comes to compensation due to public or private fault, we believe in absolute equality. Equal treatment of property is at the heart of the liberal state and is the promise of American property law. This Essay challenges that bedrock idea. The ultimate inadequacy of finite resources limits government decisions about their distribution, including compensation of private owners for their loss under takings law and other theories. In fact, the idea that public payment for private loss is “resource neutral,” particularly in the context of government fault-based claims, has always been a mythical one. When it comes to legal protection and rights to public compensation, ideas of equal protection for all kinds of property loss are neither currently implemented by American law, nor should they be. When loss occurs, and the adequacy of public resources fails, all property is not equal. It is not equal in origin, societal value, or deserved compensation. If there has been plausible deniability of this truth in the past, it will be shattered by the looming demands of global-warming catastrophe.

Debt Governance, Wealth Management, and the Uneven Burdens of Child Support

By: Tait, Allison | August 28, 2022

Child support is a ubiquitous kind of debt, common to all income and wealth levels, with data showing that approximately 30% of the U.S. adult population has either been subject to paying child support or has received it. Across this field of child support debt, however, unpaid obligations look different for everyone, and in particular the experiences around child support debt diverge radically for low-income populations and high-wealth ones. On the low-income end of the spectrum, child support debt is a sophisticated and adaptive governance technology that disciplines and penalizes those living in or near poverty. Being in child support debt on the high-wealth end of the spectrum, however, produces completely opposite outcomes. Child support payors with wealth have the ability to insulate themselves from debt and the consequences of nonpayment in ways that other families and individuals can never replicate. In this way, child support debt is a legal and financial formation that embodies divergent rules, disparate modes of enforcement, and unequal opportunities. It is a bimodal system that punishes low-income debtors and exculpates high-wealth ones across racialized and differentiated populations. And, understood in this way, the system is an amalgam of oppressive but supple forces that bear traces of the imperial, the colonial, the historical, and the inherited.

Eviction Court Displacement Rates

By: Summers, Nicole | August 28, 2022

This Essay introduces the concept of eviction court displacement rates, defined as the percentage of eviction filings that result in tenant displacement. The Essay argues that a jurisdiction’s eviction court displacement rate provides crucial insight into the role of its legal system in driving substantive eviction outcomes. The Essay then compiles existing data on court displacement rates and compares those rates across jurisdictions. This comparison reveals massive variation in court displacement rates nationwide. In some jurisdictions, a tenant’s likelihood of displacement upon receiving an eviction filing is approximately one in twenty. In other jurisdictions, it is higher than one in two. The Essay outlines the challenges involved in distilling the factors underlying this variation. Notwithstanding these challenges, it identifies and assesses potential explanations for the disparities. The Essay calls for empirical analysis to understand precisely which parts of the eviction legal system—the substantive laws, procedures, and access-to-justice factors—shape eviction court outcomes.

Nw. U. L. Rᴇᴠ.