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Articles 1 - 30 of 30
Full-Text Articles in Law
New Jim Crow Of The North: Cfos, Nuisance, And Neosegregation, Jacqueline Nafstad
New Jim Crow Of The North: Cfos, Nuisance, And Neosegregation, Jacqueline Nafstad
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
A Timeshare By Any Other Name: Fractional Homeownership And The Challenges And Effects Of Commodified Single-Family Homes, Christopher Markuson
A Timeshare By Any Other Name: Fractional Homeownership And The Challenges And Effects Of Commodified Single-Family Homes, Christopher Markuson
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Property: Right Outcome, Wrong Reason—Gill V. Gill, 919 N.W.2d 297 (Minn. 2018), Wendy Cicotte
Property: Right Outcome, Wrong Reason—Gill V. Gill, 919 N.W.2d 297 (Minn. 2018), Wendy Cicotte
Mitchell Hamline Law Review
No abstract provided.
Inclusive Economics And Home Loan Policies For Informal Workers, Kim Vu-Dinh
Inclusive Economics And Home Loan Policies For Informal Workers, Kim Vu-Dinh
Faculty Scholarship
The United States has been suffering from a housing crisis that existed long before the proliferation of sub-prime loans and the Great Recession of 2008-2009. For decades, millions of gainfully employed workers have been institutionally excluded from homeownership, simply because they work in the informal economy. Because of this, the economic growth of households in this demographic has been stymied by discriminatory banking policies that heavily prioritize short-term profit maximization over borrower reliability, or loan viability. Many of those affected are historically disenfranchised people, who systematically have been excluded from the American dream of “a chicken in every pot and …
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Bad Foundation: Washington's Lack Of Homeowner Rights, Brendan Williams
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
Minnesota Supreme Court Misses The Mark On Abandoned Property Rights—Hall V. State, 908 N.W.2d 345 (Minn. 2018), Jake Morgan
Minnesota Supreme Court Misses The Mark On Abandoned Property Rights—Hall V. State, 908 N.W.2d 345 (Minn. 2018), Jake Morgan
Mitchell Hamline Law Review
No abstract provided.
Property: Preoccupation With Occupancy: Defining "Residential Tenant" Under Minnesota Statute Section 504b.375—Cocchiarella V. Driggs, Lisa Cline
Mitchell Hamline Law Review
No abstract provided.
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
Mitchell Hamline Law Review
No abstract provided.
Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze
Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze
Mitchell Hamline Law Review
No abstract provided.
Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg
Mitchell Hamline Law Review
No abstract provided.
This Land Is Not For Sale, Derrick Braaten
This Land Is Not For Sale, Derrick Braaten
Mitchell Hamline Law Review
No abstract provided.
Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell
Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell
Mitchell Hamline Law Review
No abstract provided.
Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon
Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon
Mitchell Hamline Law Review
No abstract provided.
Property Law: The Crossroads Of Capacity And Livability: A Green Light To Neighborhood Opposition As A Factual Basis For Denying Conditional Use Permits—Rdnt, Llc V. City Of Bloomington, Diane B. Galatowitsch
Property Law: The Crossroads Of Capacity And Livability: A Green Light To Neighborhood Opposition As A Factual Basis For Denying Conditional Use Permits—Rdnt, Llc V. City Of Bloomington, Diane B. Galatowitsch
Mitchell Hamline Law Review
No abstract provided.
Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle
Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle
Journal of Law and Practice
No abstract provided.
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams
William Mitchell Law Review
No abstract provided.
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming
Empowering The Consumer: A Discussion On Minnesota's Dual Agency Statute And A Proposed Solution That Puts The Consumer First, Micheal Fleming
Student Scholarship
Many Americans across this county strive to achieve the dream of home ownership. The obstacles that stand in the way of achieving that dream can be staggering and unique to the persons pursuing home ownership. To a certain extent, it is expected that there be some proverbial hoops of fire to jump through before finally turning that key to a new home. What the consumer does not expect is to find a statutory scheme that creates unnecessary obstacles, such as a broker with a divided loyalty and information barriers, at the expense of the public. This statutory scheme is enshrined …
The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher
The Digital Death Conundrum: How Federal And State Laws Prevent Fiduciaries From Managing Digital Property, Christina L. Kunz, Damien A. Riehl, James D. Lamm, Peter J. Rademacher
Faculty Scholarship
This article discusses four types of fiduciaries, each of which is affected by the vast growth in and the need to manage digital property. The article begins by defining digital property and discussing why it must be managed. The article then discusses how digital property affects powers of attorney, conservatorships, probate administration, and trusts. After illustrating the problems that digital property creates for each fiduciary, the article shifts to resolving these problems. It begins by debunking purported solutions by both private and governmental entities. It concludes by offering a holistic approach to resolving the conflicts facing account holders, fiduciaries, and …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
Faculty Scholarship
Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.
First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.
Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …
Acceptable Deviance And Property Rights, Mark A. Edwards
Acceptable Deviance And Property Rights, Mark A. Edwards
Faculty Scholarship
Compliance with - or deviance from - law is often dependent upon the law’s convergence with - or divergence from - normative sensibilities. Where the legality and social acceptability of behavior diverge, some deviance is socially acceptable. Property rights evolve in response to changes in normative sensibilities. Constructing a model of acceptable deviance and applying it to property rights, we can predict and actually observe the evolution of property rights in response to changes in normative sensibilities in areas as diverse as file-sharing, foreclosures, the use of public space, and fishing rights. We can also predict and observe stresses in …
Peterson V. Balach, Obvious Dangers, And The Duty Of Possessors Of Land In Minnesota, Michael K. Steenson
Peterson V. Balach, Obvious Dangers, And The Duty Of Possessors Of Land In Minnesota, Michael K. Steenson
Faculty Scholarship
The purpose of this article is to analyze Minnesota landowners law, with particular emphasis on the impact of Peterson v. Balach. Following a short history of Minnesota law governing possessors’ duties, including a discussion of pre-Peterson v. Balach and Adee v. Evanson cases, the article considers the question of why the courts, post-Peterson v. Balach/Adee v. Evanson, regularly return to pre-Peterson forms to resolve possessor liability issues, particularly in cases involving obvious dangers, and whether the phenomenon is a result of a wrong turn or is a reflection of a conscious policy choice intended to effectively repudiate the progressive position …
Still Crazy After All These Years: Landlords And Tenants And The Law Of Torts, Lawrence R. Mcdonough
Still Crazy After All These Years: Landlords And Tenants And The Law Of Torts, Lawrence R. Mcdonough
William Mitchell Law Review
No abstract provided.
Case Note: Procuring A Different Cause: The Return Of The Procuring Cause Doctrine As Applied To Minnesota Real Estate Commission Disputes In Rosenberg V. Heritage Renovations, Llc, Robert Schug
William Mitchell Law Review
This note first examines some useful history and terminology regarding real estate commission disputes, the procuring cause doctrine, and Minnesota Statutes section 82.21.4 It follows with a summary of the facts of the Rosenberg decision and the Minnesota Court of Appeals’ and Minnesota Supreme Court’s analysis of the case. This note then analyzes the supreme court’s decision to apply the procuring cause doctrine in Rosenberg, and concludes with a plea to the Minnesota legislature to clarify that the effect of the statute is to abrogate that doctrine.
Preserving And Promoting Minnesota’S Recreational Trails: State V. Hess, Robin M. Wolpert
Preserving And Promoting Minnesota’S Recreational Trails: State V. Hess, Robin M. Wolpert
William Mitchell Law Review
This article assesses the significance of Hess for Minnesota’s recreational trail system and the conversion of rails to trails. Part II describes the legal context within which Hess was decided, with particular emphasis on the methodology of constructing ancient deeds to railroads and the public policy underlying the MTA. Part III sets forth the facts giving rise to the Hess decision and details the approach adopted by the court of appeals—an approach which, if affirmed by the supreme court, would have facilitated a parcel by parcel attack on the state’s ownership of its recreational trails and potentially limited the application …
Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine
Note: Poison In Our Own Backyards: What Minnesota Legislators Are Doing To Warn Property Purchasers Of The Dangers Of Former Clandestine Methamphetamine Labs, Signe Land Levine
William Mitchell Law Review
The article begins with an overview of the problems of meth abuse and manufacture in Minnesota, as well as the toxins that are left behind after physical evidence of meth labs has been removed. A discussion of current statutory seller disclosure provisions in Minnesota and in other states then follows. The article next analyzes proposed Minnesota legislation that has attempted to address the problem. A survey follows of six statutory models that provide guidance for drafting legislation to encompass disclosure, buyers’ remedies, filing forms in county land records, and requiring state-wide standards for proper cleanup. Finally, a comprehensive workable solution …
Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim
Minnesota’S New Residential Purchase Agreement Cancellation Statute, Larry M. Wertheim
William Mitchell Law Review
For the first time in almost twenty years, the Minnesota legislature has altered the statutory procedures for canceling residential purchase agreements. The 2004 legislature instituted two new procedures for cancellation of residential purchase agreements, both of which will significantly change current practices. … The new legislation for cancellation of residential purchase agreements represents an effort to provide an expedited method of allowing sellers and buyers to resolve standoffs between the parties with the broker in the middle holding the earnest money. It has the advantages over section 559.21 of speed, a remedy for the buyer, and a means of confirming …
Property Law—Minnesota’S Lake Shore Property Owners Without Road Access Find Themselves Up A Creek Without A Paddle—In Re Daniel For The Establishment Of A Cartway, Kirstin Kanski
William Mitchell Law Review
Minnesotans have always taken pride in the vast rivers and lakes intricately woven throughout the state. This land-water mosaic has always been integral to state development. Yet regardless of how vital Minnesota's lakes are considered to be, the law must keep apace with the dynamic and innovative society it serves. Today, the typical Minnesotan thinks in terms of driving to work, not rowing. The Daniel decision thus renders Minnesota's cartway statute obsolete due to modern modes of transportation. In examining the Daniel decision, this case note begins with the historical development of Minnesota's cartway legislation and an overview of the …
State Control Of Great Lakes Water Diversion, J. David Prince
State Control Of Great Lakes Water Diversion, J. David Prince
Faculty Scholarship
This article focuses on the law relevant to the issue of interbasin diversion of Great Lakes water, the policies reflected in that law, and the limitations of the law on such diversions and on the ability of the Great Lakes states to control proposed diversions. It concludes with an argument for regional as opposed to national or state-by-state decision making on the issue of diversions and a suggested mechanism for facilitating such regional decision making.
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Animal Feedlot Regulation In Minnesota, Marcia R. Gelpe
Faculty Scholarship
Animal feedlots frequently are the subject of dispute between operators and surrounding landowners. In this Article, Professor Gelpe identifies the environmental problems created by animal feedlots and discusses the common-law remedies. In addition, Professor Gelpe provides valuable insights into the application and Interpretation of feedlot regulations recently enacted by Minnesota.
Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann
Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann
Faculty Scholarship
Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …