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The Limits of the Legal Process: A 2026 Study of Landlord-Tenant Law and Judicial Enforcement Gaps
"This analysis examines the systemic frictions within housing litigation, specifically focusing on the framework established in David Nelken’s seminal research, "The Limits of the Legal Process: A Study of Landlords, Law and Crime," as it applies to the regulatory landscape of 2026. The legal process is often envisioned as a frictionless machine where rights are asserted and remedies are granted. However, as we navigate the complexities of the 2026 housing market—characterized by institutional ownership and algorithmic rent-setting—the gap between "law in the books" and "law in action" has widened. The limits of the legal process are not merel..."
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