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LPE Originals

Rent Cancellation: Social Protection in Uncertain Times

With the onset of the coronavirus pandemic, interlocking structural inequities in health, employment, and racial justice have buffeted vulnerable populations. The looming “eviction apocalypse” sits at the nexus of these three ills. Black and Latinx people have the highest COVID infection, death, and unemployment rates nationwide. Mass evictions would only worsen this situation, preventing these households from sheltering in…

LPE Originals

Slumlord Capitalism v. Global Pandemic: LPE on Covid (vol 3)

As part of our ongoing effort to bring you the best LPE work on COVID-19, today we bring you this piece from John Whitlow, followed by a roundup of LPE COVID writing published elsewhere.  The poet Langston Hughes once wrote, “I wish the rent was heaven sent.” With a record 10 million Americans filing for…

LPE Originals

Moving Beyond Liberal Legal Rights: An Expansive Vision of Right to Counsel

This week, we’re sharing two discussions on John Whitlow’s recently published article reflecting on New York’s right to counsel in evictions proceedings. Our contributors share visions of right to counsel that move beyond due process rights. The contributors show that right to counsel campaigns are part of broader movements that seek to address the material deprivation underlying the…

LPE Originals

LPE on COVID (vol 2)

Today, as part of our ongoing effort to bring you the best LPE work on COVID-19, we’re reposting a letter from Professor Noah Zatz to his City Counsel regarding evictions during the pandemic.

LPE Originals

In Defense of Rent Control and Rent Caps (Part II of II)

Yesterday, we posted the beginning of Duncan Kennedy’s testimony before the Massachusetts State Legislature’s Joint Committee on Housing. Below is the second half of the testimony. Claim 3: State provision of more section 8 certificates and subsidized affordable projects can resolve the housing crisis. More section 8s and more rent-restricted affordable subsidized units could in…

LPE Originals

In Defense of Rent Control and Rent Caps (Part I of II)

The Massachusetts State Legislature’s Joint Committee on Housing is currently considering two bills that would revive rent control in the state. The first bill caps rent increases for not-owner-occupied residential housing at the CPI not to exceed 5%, with an income eligibility proviso. The second much more ambitious bill authorizes localities to choose among a…

LPE Originals

The Deregulatory Takings Are Coming!

Laws take. It’s what they’re for. Taxes take dollars from some people and distribute them to other people. Traffic laws take away drivers’ opportunity to speed through intersections. Zoning restrictions take from neighbors their ability to build apartments in their backyards. Talk to me about a law’s requirements and you’ll be talking about a taking.…

LPE Originals

Black Proprietorship and Crises of Value

The history of black banking, even for its many failures, holds a unique perspective on property and its contradictions of value. It also contains a deep lesson about how economic strategies generate and are reinforced by affective practices—and how racist economic laws rested on public feelings of their own.

LPE Originals

It’s Mine, and Yours

I teach in a law school where most students and faculty pride themselves on falling somewhere along a spectrum of progressive, extremely progressive, socialist, and left anarchist. Thus, every year, usually within the first month of starting my first-semester property law course, I find myself surprised that the vast majority of my students appear to…

LPE Originals

The Racial Wealth Gap and the Question of Time Zero

Each year teaching Property Law, I have taught many of the big cases and topics on race and property law, such as M’Intosh and Dred Scott; segregationist turbulence in rights of reasonable access; public accommodations law; racially restrictive covenants; the Fair Housing Act. I never quite had a cohesive idea about this—they each seemed formative.…

LPE Originals

Property Law as Poverty Law

I recently interviewed a man in a weakened rural town who makes sausages for a local meat packing business on the 3am shift. He told me about a homeless woman who had come to the meat shop one dark morning with blood-soaked hands. Delirious with cold and exhaustion, she had punched in the glass on…

LPE Originals

Teaching from Narrative in Property Law – Part II of II

In my last post, I argued that property law needs to tell new stories, and in doing so, a key benefit would be that we would “uncover” the relationship between property and equality.  In this second post, I will turn to another benefit to using narrative as a teaching tool–the ability to “frame” abstract concepts…