75 Am. U. L. Rev. F. 119 (2026).

Abstract

Professor Robin Paul Malloy’s article, Network Capabilities in Land Use and Disability Law, reimagines disability law through the lens of property regulation and land use planning. His “network capabilities” framework charts a practical course for improving accessibility infrastructure—one that remains sensitive to resource limitations and competing legal interests. Yet, what remains is the question: what happens when disability law and land use planning collide with the demands of historic preservation? Historic properties occupy a peculiar space in American law, simultaneously burdened by the obligation to maintain architectural integrity and challenged by the imperative to provide equal access for people with disabilities. This Response adds to Professor Malloy’s already quite comprehensive framework, asking whether it can be reconciled with—or meaningfully expanded to address—the distinct legal, cultural, and practical tensions that historic preservation law introduces.

* Associate Dean for Faculty Research & Development and Professor of Law, Charleston School of Law, Charleston, S.C. Thank you to Robin Paul Malloy. Thank you to the American University Law Review Forum editorial team. Thanks are also due to Samuel W. Lipman, Reagan G. Thornley, and John Wysong for their contributions.