Feminist Judgments: Rewritten Property Opinions

Eloisa C. Rodriguez-Dod is the Associate Dean for Academic Affairs and Professor of Law at Florida International University College of Law. She is a past chair of the AALS Section on Minority Groups and is the author of numerous books, chapters, and articles exploring property law and real estate finance. Elena Maria Marty-Nelson is the Associate Dean for Diversity, Inclusion, and Public Impact and Professor of Law at Nova Southeastern University College of Law. She has published previous books on negotiating and trusts and is the author of numerous articles on property and tax. Marty-Nelson is also a past chair of the AALS section on Minority Groups and a former advisor to ALI-ABA The Practical Real Estate Lawyer.

• Part I. Introduction: 1. Introduction to the feminist judgments: Rewritten property opinions project; 2. Property law revolution, devolution, and feminist legal theory; 3. Incorporating feminist perspectives throughout law school curriculum; Part II. Allocation of Rights: 4. Johnson v. M'Intosh, 21 U.S. 543 (1823); 5. Botiller v. Dominguez, 130 U.S. 238 (1889); 6. Pierson v. Post, 3 Cai. R. 175 (N.Y. Sup. Ct. 1805); Part III. Patents, Publicity Rights, and Trademarks: 7. Association for molecular pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013); 8. White v. Samsung electronics America, Inc., 971 F.2d 1395 (9th Cir. 1992); Part IV. Condemnation and Adverse Possession: 9. Kelo v. City of New London, Connecticut, 545 U.S. 469 (2005); 10. Tate v. water works and sewer board of the City of Oxford, 217 So. 3d 906 (Ala. Civ. App. 2016); Part V. Gifts and Future Interests: 11. Gruen v. Gruen, 496 N.E.2d 869 (N.Y. 1986); Part VI. Tenancy in Common, Joint Tenancy, and Tenancy by the Entirety: 12. Sawada v. Endo, 561 P.2d 1291 (Haw. 1977); 13. Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004); 14. Coggan v. Coggan, 239 So. 2d 17 (Fla. 1970); Part VII. Exclusionary Zoning: 15. Moore v. City of East Cleveland, Ohio, 431 U.S. 494 (1977); Part VIII. Evictions: 16. Phillips neighborhood housing trust v. Brown, 564 N.W.2d 573 (Minn. Ct. App. 1997); 17. Blake v. Stradford, 725 N.Y.S.2d 189 (Dist. Ct. 2001); Part IX. Landlord-tenant Premises Liability: 18. Bartley v. Sweetser, 890 S.W.2d 250 (Ark. 1994); Index.

'Property has been used across time and geography to dispossess, disenfranchise, and discriminate. However, the injustices in common law property jurisprudence have often been accepted as inevitable or even necessary. This book is an important step in dismantling the mythology of a neutral, apolitical liberal property paradigm by exposing property's deliberate gendered, racial, and class-based inequities. Its accessibility and depth make it a wonderful pedagogical tool as well as scholarly resource for students, scholars, advocates, and readers interested in what a more equitable, feminist property regime could look like.' Priya Gupta, Associate Professor, McGill Faculty of Law