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Articles 1 - 30 of 174
Full-Text Articles in Law
Foiled By The Banks? How A Lender's Decision May Support Or Undermine A Jurisdiction's Environmental Policies That Promote Green Buildings, Darren Prum
Darren A. Prum
In a report from the United Nations Environmental Program that addressed climate change, the authors point out that the built environment in both emerging and developed countries accounts for more than forty percent of the global energy usage while also emitting at least one third of the world’s greenhouse gasses. They further assert that the built environment offers an unsurpassed opportunity to supply cost effective, lasting, and meaningful reductions in greenhouse gas emissions. In response to such a call to action, many state and local governments turned to a variety of policies to ensure that the real estate developments within …
Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco
Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh
Growth Under The Shadow Of Expropriation? The Economic Impacts Of Eminent Domain, Daniel L. Chen, Susan Yeh
Susan Yeh
See paper
General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr
General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr
Mohamad Ali Ali Yousefkhani
Abstract Sale submission to vendor and price payment by buyer generally shows just the explicit and implied will of both parties and their loyalty to their own legal commitments. For that reason, chronological ownership comes to be true in private contacts, in which vendor holding the completely discretionary by sending the object of sale by post, third party or his legal representative, provides buyer with complete discretionary for the object. For this reason, contract holds the ownership face when sale really submitted to the buyer and vender pays the price completely. When the whole object contract matters, vendor has the …
The Divergent Evolution Of English Property Law, Jerry L. Anderson
The Divergent Evolution Of English Property Law, Jerry L. Anderson
Jerry L. Anderson
Despite the common origins of American and English property law, there are now some significant, and interesting, differences. This article examines five divergent aspects in the areas of title registration, limitations on ownership, condominiums, adverse possession, and foreclosure. In each case, the differences should cause us to think about whether our system represents the best approach, in terms of efficiency and fairness.
Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh
Revealing The Rapist Next Door: Property Impacts Of A Sex Offender Registry, Susan Yeh
Susan Yeh
How do homebuyers respond to perceived crime risks about sex offenders in the neighborhood? I evaluate local property and crime responses to Internet sex offender registry listings. Among more permanent listings, a nearby offender depresses house prices by up to 4 percentage points. I document that the majority of registered sex offenders are transient, with durations of less than 6 months at an address. While a growing literature suggests that housing stability is important in reducing criminal behavior, the market perceives heightened crime risks to be attached to the listings of registered offenders with more stable housing, but not to …
Algunas Razones Por Las Que Debe Prevalecer La Posición Del Acreedor Embargante. A Propósito De La Decisión Pendiente En El Vii Pleno Casatorio Civil, Jimmy J. Ronquillo Pascual
Algunas Razones Por Las Que Debe Prevalecer La Posición Del Acreedor Embargante. A Propósito De La Decisión Pendiente En El Vii Pleno Casatorio Civil, Jimmy J. Ronquillo Pascual
Jimmy J. Ronquillo Pascual
No abstract provided.
Ni Incoherente Ni Inconstitucional: El (¿Nuevo?) 2014° Cc, Su Falsa Metamorfosis Y Nuestra Fe Pública Registral “Macondiana”, Alan A. Pasco Arauco
Ni Incoherente Ni Inconstitucional: El (¿Nuevo?) 2014° Cc, Su Falsa Metamorfosis Y Nuestra Fe Pública Registral “Macondiana”, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez
Miguel Martínez
The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.
What Do You Do When The Contract Goes Breach; What Happens To The Buyer's Deposit On Cancellation, B. Casey Yim Esq.
What Do You Do When The Contract Goes Breach; What Happens To The Buyer's Deposit On Cancellation, B. Casey Yim Esq.
B. Casey Yim Esq.
Many Real Estate transactions are cancelled, either by the buyer or seller. Sometimes the cancellation is due to a "breach" of the Real Estate Contract by seller or buyer. The next issue is what happens to the Buyer's "earnest money deposit"? The stated answer is in the contract itself, however, the wording of the language used may create more trouble than they are worth. This article describes the rights and liabilities of the parties to recover the deposit.
Mortgage Foreclosure In Buckhead, Terika L. Haynes
Mortgage Foreclosure In Buckhead, Terika L. Haynes
Terika L Haynes
The purpose of the quantitative ex post facto study was to determine whether a relationship exists between home occupancy type, purchase price, residency duration, and the incidence of mortgage foreclosure of homeowners residing in single-family residential homes in the eight zip codes (30305, 30309, 30318, 30319, 30324, 30326, 30327, and 30342) within the Buckhead community, a high-income community located in Atlanta, Georgia. The possible relationships were explored and evaluated by conducting an archival analysis to examine the Georgia Public Notice Statewide Database of public foreclosure records, Fulton County Property Assessor records, and Fulton County tax data for 2009. The occupancy …
There Goes The Neighborhood: Florida's Crackdown On Adverse Possession In The Wake Of The Foreclosure Crisis, Phillip V. Urban
There Goes The Neighborhood: Florida's Crackdown On Adverse Possession In The Wake Of The Foreclosure Crisis, Phillip V. Urban
Phillip V Urban
An examination of the creative use of adverse possession in Florida following the foreclosure crisis, and the State's heavy-handed reaction to the practice.
The Fault Of Trespass, Avihay Dorfman, Assaf Jacob
The Fault Of Trespass, Avihay Dorfman, Assaf Jacob
Avihay Dorfman
The conventional wisdom has it that a property owner assumes virtually no responsibility for guiding others in fulfilling their duties not to trespass on the former's property. In other words, the entire risk of making an unauthorized use of the property in question rests upon the duty-holders. This view is best captured by the Keep-Off picture of property, according to which the content of the duty in question is that of excluding oneself from a thing that is not one's own. In this article, we argue that this view is mistaken. We advance conceptual, normative, and doctrinal arguments to show …
Rights, Privileges, And The Future Of Marriage, Adam Macleod
Rights, Privileges, And The Future Of Marriage, Adam Macleod
Adam MacLeod
On the eve of its final triumph, has the cause of marriage equality fallen short? This essay discusses persistent differences in the incidents that attach to same-sex marriages versus man-woman marriages. It examines these in light of the distinction between fundamental rights and concessions of privilege in marriage law, and in common law constitutionalism generally. The Obergefell majority's premise that the marriage right is created and conferred by positive law renders the rights and duties of same-sex marriage unstable. By contrast, the rights and duties of the natural family have proven surprisingly resilient, despite their incompatibility with full marriage equality, …
Series: Mindful Law, Mindful World: Property, Possession, And Consumption Via Gandhi's Thought, Nehal A. Patel
Series: Mindful Law, Mindful World: Property, Possession, And Consumption Via Gandhi's Thought, Nehal A. Patel
Nehal A. Patel
The following two Articles explore the nuanced relationship between property law, the human-environment relationship, and Gandhi’s thought.
ARTICLE 1: MINDFUL USE: GANDHI’S NON-POSSESSIVE PROPERTY THEORY
ARTICLE 2: “RENOUNCE AND ENJOY”: THE PURSUIT OF HAPPINESS THROUGH GANDHI’S SIMPLE LIVING AND HIGH THINKING
Mindful Use: Gandhi's Non-Possessive Property Theory, Nehal A. Patel
Mindful Use: Gandhi's Non-Possessive Property Theory, Nehal A. Patel
Nehal A. Patel
TABLE OF CONTENTS
I. INTRODUCTION 2
II. ANASAKTIYOGA AND APARIGRAHA IN PRINCIPLE AND PRACTICE 4
III. SARVODAYA AND SWADESHI 9
IV. GANDHI’S THEORY OF TRUSTEESHIP AND THEORY OF RIGHTS 15
V. PROPERTY LAW AS PEACE: INTEGRATING GANDHI’S CORE CONCEPTS 21
Underwriting Sustainable Homeownership: The Federal Housing Administration And The Low Down Payment Loan, David J. Reiss
Underwriting Sustainable Homeownership: The Federal Housing Administration And The Low Down Payment Loan, David J. Reiss
David J Reiss
The United States Federal Housing Administration (“FHA”) has been a versatile tool of government since it was created during the Great Depression. The FHA was created in large part to inject liquidity into a moribund mortgage market. It succeeded wonderfully, with rapid growth during the late 1930s. The federal government repositioned it a number of times over the following decades to achieve a variety of additional social goals. These goals included supporting civilian mobilization during World War II; helping veterans returning from the War; stabilizing urban housing markets during the 1960s; and expanding minority homeownership rates during the 1990s. It …
Amenities, Amenities, Amenities? How Policymakers Can Swot Their Way To Better Entrepreneurial Facility Options, Darren Prum
Amenities, Amenities, Amenities? How Policymakers Can Swot Their Way To Better Entrepreneurial Facility Options, Darren Prum
Darren A. Prum
Across the country, policymakers from both the public and private sector regardless of their level of responsibility turn to entrepreneurial ventures as an opportunity to drive economic activity within their sphere of influence. They develop and implement strategies that encourage new business ventures but fail to consider a fundamental aspect of the organizing process of a business, which is finding a suitable facility. As such, this article seeks to consider and evaluate the forms and types of facilities available to entrepreneurs in order to provide policymakers with an insight on the best methods to assist in facilitating their success while …
Desvaríos Legislativos Sobre La Defensa Posesoria Extrajudicial Y La Estocada Final A La Fe Pública Registral. ¡Que Celebren Los Traficantes De Terrenos (Más Que Los “Neoliberales”)!, Alan A. Pasco Arauco
Desvaríos Legislativos Sobre La Defensa Posesoria Extrajudicial Y La Estocada Final A La Fe Pública Registral. ¡Que Celebren Los Traficantes De Terrenos (Más Que Los “Neoliberales”)!, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
Comment On The Fhfa's Small Multifamily Subgoal, David J. Reiss, Jeffrey Lederman
Comment On The Fhfa's Small Multifamily Subgoal, David J. Reiss, Jeffrey Lederman
David J Reiss
As the FHFA sets the housing goals for 2015-2017, it should focus on maximizing the creation and preservation of affordable housing. Less efficient proposed subgoals should be rejected unless the FHFA has explicitly identified a compelling rationale to adopt them. The FHFA has not identified one in the case of the proposed small multifamily subgoal. Thus, it should be withdrawn.
Desvelando Los Intereses Ocultos: Neoliberalismo En La Nueva "Defensa Posesoria Extrajudicial", Joshimar De La Cruz Aroni
Desvelando Los Intereses Ocultos: Neoliberalismo En La Nueva "Defensa Posesoria Extrajudicial", Joshimar De La Cruz Aroni
Joshimar De la cruz Aroni
Visión crítica de la Nueva Defensa Posesoria Extrajudicial
Management Regimes And Its Impact On The Wetland Fisheries Management In Assam, Ganesh Chandra
Management Regimes And Its Impact On The Wetland Fisheries Management In Assam, Ganesh Chandra
Ganesh Chandra
Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. These wetlands are under various management regimes, i.e., private management (individuals and groups), fishermen cooperative management, Community-based fisheries management (decentralized management, Government works as facilitator) and open access. Most of the unregistered beels …
The Future Of The Private Label Securities Market, David J. Reiss
The Future Of The Private Label Securities Market, David J. Reiss
David J Reiss
The PLS market, like all markets, cycles from greed to fear, from boom to bust. The mortgage market is still in the fear part of the cycle and recent government interventions in it have, undoubtedly, added to that fear. In recent days, there has been a lot of industry pushback against the government’s approach, including threats to pull out of various sectors. But the government should not chart its course based on today’s news reports. Rather, it should identify fundamentals and stick to them. In particular, its regulatory approach should reflect an attempt to align incentives of market actors with …
The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin
The Price Of Crisis: Eminent Domain, Local Governments, And The Value Of Underwater Mortgages, Raymond H. Brescia, Nicholas Martin
Raymond H Brescia
In response to the lingering fallout from the Financial Crisis of 2008, local governments have begun to explore whether it is wise and legal to use the power of eminent domain to seize distressed home mortgages. This Article attempts to situate this approach to such mortgages within the larger economic, legal and policy context and asks three key questions. First, are local governments appropriate actors to address the lingering problem of underwater mortgages? Second, assuming they are appropriate actors to address this problem, how should localities and, if necessary, courts, value underwater mortgages in the context of condemnation proceedings: i.e., …
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Friend Or Faux: The Trademark Counterfeiting Act's Inability To Stop The Sale Of Counterfeit Sporting Goods, Jennifer Riso
Jennifer Riso
The demand for counterfeit sporting goods, such as jerseys and other apparel, is on the rise as the prices of authentic goods continue to increase. The Trademark Counterfeiting Act of 1984 criminalizes the import and sale of counterfeit goods, but is ineffective at addressing the demand side of counterfeit goods. This paper analyzes the history behind the Act and recommends ways to ensure that the act will stay relevant as technology makes it easier to purchase counterfeit goods.
The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait
The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait
Allison Anna Tait
Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women’s property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate’s utility and argue that Chancery’s separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates guaranteed critical financial …
La Tercería De Propiedad Frente A La Hipoteca Y El Embargo. Cuando La Dogmática Puede Más Que El Sentido Común, La Buena Fe Desaparece, Alan A. Pasco Arauco
La Tercería De Propiedad Frente A La Hipoteca Y El Embargo. Cuando La Dogmática Puede Más Que El Sentido Común, La Buena Fe Desaparece, Alan A. Pasco Arauco
Alan A. Pasco Arauco
No abstract provided.
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
The Justice Of Private Law, Hanoch Dagan Dagan, Avihay Dorfman
The Justice Of Private Law, Hanoch Dagan Dagan, Avihay Dorfman
Avihay Dorfman
Private law is traditionally conceptualized around a commitment to formal freedom and equality, whereas critics of the public/private distinction (including lawyer-economists) construe it as merely one form of regulation. We criticize the traditional position as conceptually misguided and normatively disappointing. But we also reject the conventional criticism, which confuses a justified rejection of private law libertarianism with a wholesale dismissal of the idea of a private law, thus threatening to deny private law’s inherent value. This Article seeks to break the impasse between these two positions by offering an innovative account of the justice that should, and to some extent …
On Trust And Transubstantiation: Mitigating The Excesses Of Ownership, Avihay Dorfman
On Trust And Transubstantiation: Mitigating The Excesses Of Ownership, Avihay Dorfman
Avihay Dorfman
The legal institution of trust gives rise to two basic sets of question. The first set concerns the respective rights held by the trustee and the beneficiary with respect to the trust property — do these rights feature a structure characteristic of property, contract, or something in between. The second concerns the normative relationship between the trustee and the beneficiary themselves — what explains the existence and content of the obligations owed by the trustee to the beneficiary, especially the fiduciary duty of loyalty, according to which the trustee is expected to act in the sole, rather than merely the …