Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Auction theory (1)
- Blackmail (1)
- Charitable deduction (1)
- Collective choice (1)
- Common interest communities (1)
-
- Conservation easement (1)
- Facade easement (1)
- International Law (1)
- Larissa Katz (1)
- Law and Society (1)
- Malice (1)
- No-intent-to-harm principle (1)
- Nuisance (1)
- Ownership (1)
- Pension Protection Act of 2006 (1)
- Principle of abuse of property right (1)
- Property (1)
- Property management (1)
- Property-Personal and Real (1)
- Real property regulation (1)
- Spite (1)
- Split interest (1)
- Trespass (1)
- Worthwhile-uses-only principle (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Alms To The Rich: The Facade Easement Deduction, Wendy G. Gerzog
Alms To The Rich: The Facade Easement Deduction, Wendy G. Gerzog
All Faculty Scholarship
This article presents the case for repeal of the façade easement deduction. Proponents of this benefit argue that the deduction encourages historic preservation by reimbursing property owners for relinquishing their right to alter the façade of their property in a way inconsistent with that conservation goal; however, this article shows that there are many reasons to urge its repeal: the revenue loss, the small number of beneficiaries, the financial demographics of that group of beneficiaries; the dubious industries that are supported by the deduction; and the continual marked overvaluation and abuse despite Congressional, court, and administrative review and expense.
After …
The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene
The Importance Of Conversation In Transitional Justice: A Study Of Land Restitution In South Africa, Bernadette Atuahene
All Faculty Scholarship
One of the most replicated findings of the procedural justice literature is that people who receive unfavorable outcomes are more likely to believe that the process was nonetheless legitimate if they thought that it was fair. Using interviews of 150 people compensated through the South African land restitution program, this article examines whether these findings apply in the transitional justice context where it is often unclear who the winners and losers are. The question explored is: When all outcomes are unfavorable or incomplete, how do people make fairness assessments? The central observation was that the ability of respondents and land …
Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman
Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman
All Faculty Scholarship
In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of …
We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene
We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene
All Faculty Scholarship
Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead …
Governing Communities By Auction, Abraham Bell, Gideon Parchomovsky
Governing Communities By Auction, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
Common interest communities have become the property form of choice for many Americans. As of 2010, sixty-two million Americans lived in common interest communities. Residents benefit from sharing the cost of common amenities – pools, lawns, gazebos – and from rules that ensure compliance with community expectations. But decisionmaking in common interest communities raises serious concerns about minority abuse and manipulation, a problem well known to all property law students. Decisions about which amenities will be provided and which rules will be enacted are typically made through some combination of delegation and voting. Delegates often act for their own benefit, …