Law Commons^™

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Garrett Power

No abstract provided.

A Tenant's Right To Set-Off, Michael Weir

Michael Weir

In this article the author will discuss the attributes of set-off at common law and in equity. The decision of British Anzani (Felixstowe) Ltd ν International Marine Management (UK Ltd), has provided an impetus to the doctrine of equitable set-off in its application to leases. This case confirms α considerable latitude to a tenant to set off liquidated and unliquidated damages against rental. The author will then discuss the rules of set-off against a landlord constituted by a mortgagee in possession. This discussion will reveal that the application of set-off in that circumstance is dependent upon the local statutory provisions …

Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power

Garrett Power

In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Garrett Power

No abstract provided.

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Garrett Power

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.

Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power

Garrett Power

Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Garrett Power

On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.

Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power

Garrett Power

No abstract provided.

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Garrett Power

No abstract provided.

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Garrett Power

No abstract provided.

Protect Our Children, Jenny Meyen, Donna M. Hughes Dr.

Donna M. Hughes

Putting Community Equity In Community Development: Resident Equity Participation In Urban Redevelopment, Barbara Bezdek

Barbara L Bezdek

The special concern of this paper is to recalibrate the benefits and burdens of public-private partnerships as they remake inner city neighborhoods, by braking the rate at which urban land is being reclaimed from low-wealth residents by local government practices to disperse occupants, sweeping aside their tangible and intangible capital. Public oversight requirements have not kept pace with the dispossession, yet the costs that these development decisions impose on the social fabric of communities rend the shared networks necessary to residents’ abilities to meet basic social needs. This destruction of low-wealth communities is a form of equity-stripping, produced by local …

Citizens Confront Officials In Middletown, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Chapter Ii Property Agents And Motor Dealers Act 2000 (Qld): The Answer To Our Prayers Or The Devil In Disguise?, Tammy Johnson

Tammy Johnson

In the mid to late 1990s the Gold Coast real property market was the subject of intense marketeering operations. Investigation revealed that the legislation regulating the real estate industry at that time was unable to combat such unethical and unscrupulous behaviour. The Queensland Government realised that action must be taken to provide for protection of consumers in the real property market. After some hasty drafting, the Property Agents and Motor Dealers Act 2000 (Qld) became effective on 1 July 2001. The aim of the Act was simple - to provide for consumer protection. After numerous and frequent amendments, the Act …

What Is Complementary And Alternative Medicine, Michael Weir

Michael Weir

This chapter provides a definition of Complementary and Alternative Medicine and Orthodox Medicine and deals with the fundamental criteria at the basis of the CAM healing philosophy. The current usage of CAM and its philosophy sets the scene for the conflicts with OM discussed in later chapters.

Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven

Thomas Kleven

This paper argues that the United States is systemically a highly classist and racist society, that systemic classism and racism are intimately interrelated phenomena, and that reforming this situation requires a mass movement of working class people of all ethnicities for social and racial justice for all. Section II discusses aspects of American society infected by systemic classism and racism. The focus is on the economic system, the local governmental structure, and the political process – central and interrelated features of society’s class and racial hierarchies. The thesis is that these institutions are structured and operate so as to systematically …

Modern Lights, Sara Bronin

Sara C. Bronin

This Article functions as a companion to a piece, Solar Rights, recently published in the Boston University Law Review. In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rights - the rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics …

Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr.

Michael B. Kent Jr.

No abstract provided.

The University As Constructed Cultural Commons, Katherine J. Strandburg, Michael J. Madison, Brett M. Frischmann

Brett Frischmann

This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.

Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo

Carl J. Circo

Solar Rights, Sara C. Bronin

Sara C. Bronin

The rights to access and to harness the rays of the sun - solar rights - are extremely valuable. These rights can determine whether and how an individual can take advantage of the sun’s light, warmth, or energy, and they can have significant economic consequences. Accordingly, for at least two thousand years, people have attempted to assign solar rights in a fair and efficient manner. In the United States, attempts to assign solar rights have fallen short. A quarter century ago, numerous American legal scholars debated this deficiency. They agreed that this country lacked a coherent legal framework for the …

Making Property Productive: Reorganizing Rights To Real And Equitable Estates In Britain, 1660 To 1830, Gary Richardson

Gary Richardson

Between 1660 and 1830, Parliament passed thousands of Acts restructuring rights to real and equitable estates. These estate Acts enabled individuals and families to sell, mortgage, lease, exchange and improve land previously bound by inheritance rules and other legal legacies. The loosening of these legal constraints facilitated the reallocation of land and resources towards higher-value uses. Data reveal correlations between estate Acts, urbanization and economic development during the decades surrounding the Industrial Revolution.

Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield

Jonathan Marshfield

2009 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

2008 Planetizen Blog Posts, Michael Lewyn

Michael E Lewyn

Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven

Thomas Kleven

This paper argues that the United States is systemically a highly classist and racist society, that systemic classism and racism are intimately interrelated phenomena, and that reforming this situation requires a mass movement of working class people of all ethnicities for social and racial justice for all. Section II discusses aspects of American society infected by systemic classism and racism. The focus is on the economic system, the local governmental structure, and the political process – central and interrelated features of society’s class and racial hierarchies. The thesis is that these institutions are structured and operate so as to systematically …

Do Markets Work Better Than Legal Restraints? A Response To Clayton Gillette's "Fiscal Home Rule", Paul Diller

Paul Diller

No abstract provided.

Collective Bargaining As A Dispute-Reduction Vehicle Accommodating Contrary Animal Welfare Agendas, Michael N. Widener

Michael N. Widener

Animal activists and animal enterprise managers share little common ground debating science and values. Activists are frustrated with the pace of improvements in animal welfare. Enterprise managers tire of activists’ increasingly threatening, urban-guerilla tactics. Meanwhile, legislation is ineffective to bring meaningful improvements to animal treatment or to stop activist civil disobedience-driven acts of property damage and public vilification of perceived animal “enemies.” Lawsuits filed to sanction a camp’s behavior tax patience and resources on both sides. Violence against persons appears imminent between the factions. This essay advocates implementing collective bargaining processes along certain animal enterprise sector lines to engage enterprise …

Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino

Dylan Malagrinò

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …