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- And security; Alliance; Mediation; International Arbitration; Adjudication; ICJ; Collective defense; Unity; Cooperation; Militarization; UNCLOS; United Nations; (1)
- Argentina; Jujuy; Salinas Grandes; Indigenous peoples; Indigenous communities; lithium; white gold; lithium triangle; lithium-ion battery; electric vehicle; mining; mining company; mining contract; mining reform; mining regulation; land; resource; water; contamination; displacement; consultation; participation; self-determination; Indigenous and Tribal Peoples Convention; United Nations Declaration on the Rights of Indigenous Peoples; International Labor Organization; United Nations Special Rapporteur on the Rights of Indigenous Peoples; Committee of Experts; Francisco Calí Tzay (1)
- Housing; housing law; housing court; landlord; tenant; summary eviction proceedings; Fair Debt Collection Practices Act; implied warranty of habitability; clean hands requirement; right to counsel; prefiling alternatives; notice to quit; serial eviction filings (1)
- Judicial deference; landmark; historic district; preservation; Landmarks Preservation Commission; LPC; New York City; Grand Central Terminal; New York Landmarks Law; Penn Central Transportation Company v. The City of New York; Real Estate Board of New York; REBNY; historic preservation; zoning; Article 78; hard look approach; arbitrary and capricious standard; certificate of appropriateness; gentrification; housing shortage; housing crisis; regulatory capture; urban development; landmark demolition (1)
- Just Compensation (1)
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- Land use; New York eminent domain; New York takings; Uniform Land Use Review Procedure; ULURP; Penn Station; Goldstein v. N.Y. State Urban Development Corp; Kelo v. City of New London; community board; redevelopment; city planning; eminent domain; Eminent Domain Procedure Law; EDPL; community review; General Project Plan; public purpose; City Council; judicial review (1)
- NATO; North Atlantic Treaty; Greece; Turkey; Dispute Resolution; Cyprus; Hydrocarbon deposits; Undersea mining rights; Continental shelf; Ukraine; Russia; War; Conflict; Stabilization (1)
- NFTs; Art Securitization; Money Laundering; Pandora Papers; Tax Avoidance; Tax Evasion; DAPT; Freeports; Free-Zones; Self-Titled Trusts; Selfsettled Trusts; Art Collections; Howey; Howey Test; High-Value Art; Wealth Inequality; Inequality; UNESCO; Tax Loopholes; Auction Houses; Art Dealers; Looting; Antiquities; Cultural Heritage; Commerce Power; Taxing and Spending Power (1)
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- South Africa; Land Reform; South African Constitution; Expropriation; US Takings Clause (1)
- Tenancy in common; Internal Revenue Code; TICnership (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
Ticnerships, Bradley T. Borden
Ticnerships, Bradley T. Borden
Brooklyn Journal of Corporate, Financial & Commercial Law
Tenancy-in-common (TIC) ownership has been around for centuries, but the commercial use of TIC ownership of real property has accelerated over the last couple of decades. The impetus for TIC ownership of real property is twofold: (1) a desire property owners have to obtain the tax benefits of section 1031 of the Internal Revenue Code and (2) the desire property owners have to own property with other property owners and other professional managers and developers. Because section 1031 only applies to exchanges of real property, interests in partnerships and LLCs—the most common type of real property ownership—do not qualify for …
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Summary Eviction Proceedings As A Debt Collection Tool: How Landlords Use Serial Eviction Filings To Collect Rent, Grace Vetromile
Brooklyn Law Review
This note explores how landlords use housing court as a debt collection tool, impacting the rights of tenants and their ability to fairly adjudicate claims in summary eviction proceedings. Disparities in the number of evictions that are filed, as compared to evictions that are ultimately executed, indicate that landlords do not always use eviction proceedings to kick out a tenant, but rather as a method of debt collection. Using these proceedings in this manner affects a tenant’s ability to defend against eviction, even when the tenant has meritorious claims that their landlord did not provide a habitable apartment. This note …
South Africa Land Reform: More Is Less, Elizabeth Stephani
South Africa Land Reform: More Is Less, Elizabeth Stephani
Brooklyn Journal of International Law
In 2019, South Africa's Parliament considered a bill to amend the Constitution and expropriate land taken from black South Africans during Apartheid. The bill did not pass, despite a general consensus in the country that land reform is needed (Part I). Thus, lawmakers are challenged by exactly how to achieve equitable land reform for South Africa. This paper looks to the language of the proposed amendment and offers improvements alongside accepted U.S. legal frameworks (Part II). By comparing Just Compensation under the Takings Clause of the United States Constitution and South Africa's proposed expropriation amendment, this paper advocates for clear …
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Brooklyn Journal of International Law
Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss
Brooklyn Law Review
The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …
Democratizing New York’S Eminent Domain Regime, Gregory Wagner
Democratizing New York’S Eminent Domain Regime, Gregory Wagner
Brooklyn Law Review
Since the Supreme Court’s landmark eminent domain decision in Kelo v. City of New London, forty-three states have amended their eminent domain laws to constrain their own eminent domain powers. New York, however, was not one of them. In Goldstein v. N.Y. State Urban Development Corp., New York’s highest court decided firmly in favor of the state’s broad eminent domain powers, yet counseled New York lawmakers to act to legislatively limit the state’s unbridled eminent domain authority. Again, New York did not do so—allowing an eminent domain regime that leads to systemic deprivation of public participation to remain fully in …
Balancing Preservation With Growth: How Less Judicial Deference To Decisions Made By The Landmarks Preservation Commission Can Save New York City, Amy Cushman
Brooklyn Law Review
The New York City Landmarks Law of 1965, envisioning the preservation of historical treasures, empowered the New York City Landmarks Preservation Commission (LPC) with the authority to designate and regulate landmarks and historic districts. Originally established in response to public outcry over the loss of iconic architectural structures, the LPC aimed to safeguard the city's cultural, social, and architectural legacy. However, this note contends that recent LPC decisions, particularly the issuance of Certificates of Appropriateness for luxury residential construction involving partial demolition of landmarks, betray the original preservation goals. Delving into the legal recourse available under the New York Civil …