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46 Wayne L. Rev. 135 (2000)
Tenants' Rights, Procedural Wrongs: The Summary Eviction and the Need for Reform

handle is hein.journals/waynlr46 and id is 147 raw text is: TENANTS' RIGHTS, PROCEDURAL WRONGS: THE SUMMARY EVICTION AND THE NEED FOR REFORM MARY B. SPEcTOR Table of Contents I. INTRODUCTION .................................. 137 II. HISTORICAL BACKGROUND ........................ 139 A. Early Principles ofLand Ownership ................ 139 1. A Word About Status and Seisin ................ 139 2. Possession Ends the Dispute .................... 141 B. Early Application of Contract Principles to the Term of Years and the Parties'Rights to Possession ........... 142 1. Investment Contracts ........................ 143 2. Agricultural Contracts and the Shift to Property Law .................................... 147 3. Application of Property Principles to Enforce the Relationship .............................. 149 C. Self-Help and the English Statutes ofForcible Entry and Detainer ................................... 150 D. American Adaptation of Summary Proceeding as an Alternative to Self-Help ........................ 152 1. Transformation ofForcible Entry and Detainer t6 a Civil Proceeding to Resolve Landlord-Tenant D isputes ................................. 152 lAssistant Professor of Law and Co-Director, SMU Civil Clinic, Southern Methodist University School of Law. B.A., 1979, Simmons College; J.D., 1986, Benjamin N. Cardozo School of Law. The SMU School of Law contributed to this Article in a number of ways. The Fund for Faculty Excellence provided financial support while members of the library staff provided valuable research assistance. I would like to extend special thanks to the members of the Law School faculty for their support and encouragement, in particular Professors Roy Anderson, Maureen Armour, Bill Bridge, Julie Forrester, Jeff Gaba, Joseph McKnight, Ellen Pryor, Susan Scafidi, Beth Thornburg, and Jane Winn.

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