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The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser

Ezra Rosser

The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …

Slides: Community-Owned Forests: Funding For Acquisition, Missoula, Mt, Tom Cassidy

Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)

Presenter: Thomas Cassidy, The Nature Conservancy, VA

21 slides

Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

89 pages.

Contains 8 attachments:

1) Indian Mineral Development Act of 1982, Public Law 97-382 - Dec. 22, 1982.

2) Proposed BIA Regulations, 25 C.F.R. 225 and 211, Federal Register, Vol. 48, No. 134, Tuesday, July 12, 1983.

3) Billings Area Office Procedures.

4) Flow Chart.

5) Oil and Gas Exploration Joint Venture Agreement.

6) Federal Oil and Gas Royalty Management Act of 1982, Public Law 97-451 [H.R. 5121], January 12, 1983.

7) 30 C.F.R., Part 210, 212, 217, 218, 219, 228, 229, 241, 243, Federal Register, Vol. 49, No. 185, Friday, September 21, 1984.

8) 43 C.F.R., Part 3160, …

The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke

Articles in Law Reviews & Other Academic Journals

Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …

The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow F. Burke

Barlow F. Burke

Treaties Governing The Succession To Real Property By Aliens, Willard L. Boyd, Jr.

Michigan Law Review

Under customary international law no nation has the duty to grant to aliens the right to hold real property. Although international law accords to an alien the privilege of participating in the economic life of the state of his residence, this privilege does not encompass the right to hold real property. The right to succeed to and hold real property is a matter solely within the competence of a nation. It is for each nation exclusively to regulate the acquisition and tenure of real property. National authority in this regard can be traced to the concept that the sovereign may …