Unraveling the Conundrum that is Shelley v. Kraemer: Enforcement of Racially Restrictive Covenants is State Action

dc.contributor.authorJohnson, Alex M., Jr.
dc.date.accessioned2024-06-10T18:15:34Z
dc.date.available2024-06-10T18:15:34Z
dc.date.issued2024-04
dc.date.monthApril
dc.date.year2024
dc.description.abstractDuring the last ten years I have taught four law school courses: Property, Modern Real Estate, Contracts, and Trusts and Estates—an eclectic mix. In an earlier article, I characterized these four areas of law as historically developing in “Silos” with their own individualized rules and formalities to validate conveyances. My primary thesis is that these functional formalities or requirements that developed in each Silo to validate conveyances are designed to ensure that a court may later adjudicate a dispute over the validity of that conveyance with low error and adjudicative costs. As I was finalizing the article and thinking about the rules that developed in each Silo, I was struck by the fact that there is only one case that is addressed in all four courses. That case is the infamous Supreme Court opinion, Shelley v. Kraemer.
dc.description.issue2
dc.description.pages287-346
dc.description.volume57
dc.identifier.urihttps://cdr.creighton.edu/handle/10504/153866
dc.publisherCreighton University School of Law
dc.publisher.locationOmaha, NE
dc.rights.holderCreighton University
dc.titleUnraveling the Conundrum that is Shelley v. Kraemer: Enforcement of Racially Restrictive Covenants is State Action
dc.title.workCreighton Law Review
dc.typeJournal Article
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