Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Wolf
Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Wolf
Michael A Wolf
This Article includes four parts: (1) a defense of the real property/personal property distinction for a post-deconstructionist legal world, (2) a review of difficulties common law courts have encountered when applying real property concepts to disputes over money and personalty, (3) an exploration of the "rhetorical mismatch" typified by Justice Sandra Day O'Connor's opinion in Eastern Enterprises, and (4) a respectful request for judges to resist the temptation to collapse categories and instead to maintain, or even erect, meaningful distinctions.
Rethinking Adverse Possession: An Essay On Ownership And Possession, Carole Brown, Serena Williams
Rethinking Adverse Possession: An Essay On Ownership And Possession, Carole Brown, Serena Williams
Serena M Williams
In the wake of the present real estate crisis, there has been prolonged discussion of the wrongdoing that led to systemic failures in the national real estate market. The mortgage crisis caught the nation’s attention because of its large scale and its rippling effect throughout the economy. Equally nefarious is the impact of adverse possession on the rights of individual property owners. While a single adverse possession does not affect the national market in the same way as the mortgage crisis did, to the individual owner, the wrongdoing, in the form of a trespass, that ripens into title, is just …