Profs. Rothstein honored by ABA for cutting-edge real property article

Brandeis School of Law professors Laura Rothstein and Mark Rothstein were honored by the American Bar Association's Section of Real Property, Trust and Estate Law for their 2017 article published in the section's Probate & Property Magazine.

The article, The Use of Genetic Information in Real Property Transactions, received the section's 2017 Excellence in Writing Award for the Best Cutting Edge Article.

The article combines the expertise of Mark Rothstein on genetics and privacy issues and Laura Rothstein on disability discrimination and property law. The article was adapted from its original publication in the Journal of Law, Medicine & Ethics (2016).  

The article considers the potential use of genetic information in housing and the legal and policy issues relevant to mortgage lenders, real estate sellers, retirement communities, senior living and other facilities. While this practice is not currently widespread or even used much at all, there is an economic interest that makes it foreseeable that it will be. Current federal and state law provide very little protection against this use. The lower costs of and ease of obtaining genetic information and the major implications for individuals with a predisposition to Alzheimer’s and other genetically related conditions make this an important issue for proactive attention.