Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate

Selected Works

2009

Property-Personal and Real

Articles 1 - 9 of 9

Full-Text Articles in Law

Is There A Role For Insurance In A Title Registration System?, Joyce Palomar Oct 2009

Is There A Role For Insurance In A Title Registration System?, Joyce Palomar

Joyce Palomar

No abstract provided.


A Lender's Guide To Obtaining Title Insurance Benefits (Moderator), Joyce Palomar Sep 2009

A Lender's Guide To Obtaining Title Insurance Benefits (Moderator), Joyce Palomar

Joyce Palomar

No abstract provided.


Alternative Models For Insuring Title In Developing Countries (Speaker), Joyce Palomar Feb 2009

Alternative Models For Insuring Title In Developing Countries (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.


Building Market Institutions: Property Rights, Business Formalization And Economic Development, Joyce Palomar Jan 2009

Building Market Institutions: Property Rights, Business Formalization And Economic Development, Joyce Palomar

Joyce Palomar

No abstract provided.


Toward A Model Law Of Estates And Future Interests, Benjamin Barros Jan 2009

Toward A Model Law Of Estates And Future Interests, Benjamin Barros

Benjamin Barros

The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern purpose. Many of the distinctions between types of interests in the current system of ownership are vestiges of ancient English feudal concepts and owe their place in the law solely to historical accident. This article develops a proposed model law designed to simplify and modernize the basic property ownership system. The proposals made here differ substantially from prior suggestions for legislative reform, and reflect issues of enactability and retroactivity that previously have been neglected in the literature. The article both …


Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan Jan 2009

Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan

Erin Ryan

As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …


Property, Joyce Palomar, Roger Bernhardt, Patrick Randolph Dec 2008

Property, Joyce Palomar, Roger Bernhardt, Patrick Randolph

Joyce Palomar

No abstract provided.


Professor's Corner (Speaker), Joyce Palomar Dec 2008

Professor's Corner (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.


Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo Dec 2008

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

Carl J. Circo

By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the traditional and economic theories of property. While the traditional property theories of Blackstone, Locke, and U.S. constitutional doctrine tolerate restrictions on private property rights for the sake of public welfare, they resist the strongest versions of sustainability, which promote generational and social justice. Similarly, an economic analysis of property recognizes the values of resource conservation and welfare for future generations, but only to the limited extent the economist can calculate future value. As a result, economic analysis may …