Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (35)
- Touro University Jacob D. Fuchsberg Law Center (10)
- Selected Works (8)
- St. Mary's University (7)
- University of Richmond (6)
-
- Roger Williams University (5)
- SelectedWorks (3)
- University of Colorado Law School (3)
- BLR (2)
- Georgia State University College of Law (2)
- Texas A&M University School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Maine School of Law (2)
- University of Washington School of Law (2)
- Chicago-Kent College of Law (1)
- Georgetown University Law Center (1)
- Marquette University Law School (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Seattle University School of Law (1)
- St. John's University School of Law (1)
- University of Kentucky (1)
- University of Massachusetts School of Law (1)
- University of Montana (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Hampshire (1)
- Vanderbilt University Law School (1)
- Wayne State University (1)
- West Virginia University (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication Year
- Publication
-
- Articles (26)
- Touro Law Review (10)
- St. Mary's Law Journal (5)
- University of Michigan Journal of Law Reform (5)
- University of Richmond Law Review (5)
-
- Donald J. Kochan (4)
- Faculty Scholarship (4)
- School of Law Conferences, Lectures & Events (3)
- ExpressO (2)
- Georgia State University Law Review (2)
- Life of the Law School (1993- ) (2)
- Michigan Law Review (2)
- Sara C. Bronin (2)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
- Washington Law Review (2)
- Benton C. Martin (1)
- Chicago-Kent Law Review (1)
- Claire Alexis Ward (1)
- Erin Ryan (1)
- Erwin Chemerinsky (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Publications (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarly Articles (1)
- Law Faculty Scholarship (1)
- Maine Law Review (1)
- Marquette Law Review (1)
- Melissa K. Scanlan (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Michigan Journal of Gender & Law (1)
- Publication Type
Articles 1 - 30 of 105
Full-Text Articles in Law
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Washington Law Review
Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …
25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
25th Annual Open Government Summit: Your Guide To The Access To Public Records Act & Open Meetings Act, Peter F. Neronha, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
St. John's Law Review
(Excerpt)
On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …
Property And Sovereignty In America: A History Of Title Registries & Jurisdictional Power, K-Sue Park
Property And Sovereignty In America: A History Of Title Registries & Jurisdictional Power, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This Article tells an untold history of the American title registry—a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on its role in catalyzing property markets, while mostly ignoring their main sources in the colonies -- expropriated lands and enslaved people. This analysis centers the institution’s work of organizing and “proving” claims that were not only individual but collective, to affirm encroachments on tribal nations’ lands and scaffold colonies’ tenuous but growing political, jurisdictional power. In other words, American property and property …
Changemakers: Elevating Conversations Around Indigenous Peoples' Rights, Roger Williams University School Of Law
Changemakers: Elevating Conversations Around Indigenous Peoples' Rights, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Streaming Property, Lee Anne Fennell
Streaming Property, Lee Anne Fennell
Northwestern University Law Review
People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a set of facilitating conditions and complementary goods, such as public infrastructure, that do not lie within the asset owner’s individual control. This Essay argues that we can gain fresh traction on inequality by recasting property as service streams rather than as owned things. Doing …
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Washington Law Review
Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …
Reclaiming The Streets, Vanessa Casado-Pérez
Reclaiming The Streets, Vanessa Casado-Pérez
Faculty Scholarship
Pedestrians have been getting the short end of the stick in street policies and regulations. Drivers and cars dominate our streets even though automobiles’ externalities kill thousands of people every year. Given the environmental, health, safety, and community effects of cars, municipalities should embrace a policy that puts pedestrians at the center and produces more miles of wider, well-maintained sidewalks. Sidewalks make communities greener, healthier, safer, more socially connected, and even, wealthier. COVID-19 lockdowns have shown both the relevance of sidewalks, as well as the possibility of pedestrians regaining space currently allocated to cars by widening sidewalks.
This Essay identifies, …
Takings Localism, Nestor M. Davisdson, Timothy M. Mulvaney
Takings Localism, Nestor M. Davisdson, Timothy M. Mulvaney
Faculty Scholarship
Conflicts over “sanctuary” cities, minimum wage laws, and gender-neutral bathrooms have brought the problematic landscape of contemporary state preemption of local governance to national attention. This Article contends that more covert, although equally robust, state interference can be found in property, with significant consequences for our understanding of takings law.
Takings jurisprudence looks to the states to mediate most tensions between individual property rights and community needs, as the takings federalism literature recognizes. Takings challenges, however, often involve local governments. If the doctrine privileges the democratic process to resolve most takings claims, then, that critical process is a largely local …
Changemakers: Coming Full Circle, Roger Williams University School Of Law
Changemakers: Coming Full Circle, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania
The Short-Term Rental Economy In Rural Maine Communities: An Opportunity For Economic Growth Instead Of A Target For Regulation, Nicholas E. Anania
Maine Law Review
State and local governments across the country are grappling with the rise of short-term housing rentals and how to enact effective regulation regarding their use. The increase of short-term rentals (STRs) is almost entirely the result of online platforms that make STRs easy, efficient, and accessible. While STRs undoubtedly have positive economic outcomes for both property owners and local economies, there are also many negative repercussions which must be effectively regulated. Regulation in this area reflects differing priorities and viewpoints of states and municipalities. Specifically, rural Maine municipalities, many of which are popular seasonal destinations, face not only the challenges …
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten
Ocean and Coastal Law Journal
In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and the …
When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr
Seattle University Law Review
This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.
Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto
Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto
Georgia State University Law Review
The Act amends several aspects of trust law, including updating the application of the Uniform Statutory Rule Against Perpetuities in Georgia by extending the time within which a nonvested property interest or power of appointment must vest from 90 to 360 years. The Act also allows for modifications of a trust without judicial approval in some cases. Many passages are simplified, including the calculation of compensation for a trustee, which can now be modified through different procedures. Finally, the Act codifies the role of trust directors.
Hb 834 - Property, Brian H. Cathey, Cassandra Tuchscher
Hb 834 - Property, Brian H. Cathey, Cassandra Tuchscher
Georgia State University Law Review
The Act allows a victim of domestic violence to terminate his or her residential rental agreement without an early termination penalty if the victim receives a court order related to that family violence.
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Marquette Law Review
None.
The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson
The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Issues arise daily in law practice about the duties owed by lawyers to nonclients with respect to funds or property entrusted to them. In resolving those issues, care must be exercised when interpreting state versions of Model Rule 1.15, the American Bar Association’s pattern ethics rule on safekeeping of funds and property. Otherwise, a lawyer’s duties to third persons may too readily encroach on the performance of obligations owed to clients, as well as on the legitimate interests of lawyers themselves.
As numerous authorities have recognized, lawyers are obliged to protect the property interests of third persons only if they …
The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink
The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink
Touro Law Review
No abstract provided.
The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.
The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.
University of Richmond Law Review
No abstract provided.
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Side By Side: Revitalizing Urban Cores And Ensuring Residential Diversity, Andrea J. Boyack
Chicago-Kent Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Erwin Chemerinsky
No abstract provided.
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno
Public Land & Resources Law Review
A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.
Land Use Federalism's False Choice, Michael C. Pollack
Land Use Federalism's False Choice, Michael C. Pollack
Articles
Debates about land use federalism — like those about federalism more broadly — often focus on whether policies and priorities ought to be set at the national or local level. But such categorical judgments about national intervention are inadequate because they obscure the diversity of mechanisms by which nationalization can and does occur. This Article draws attention to the importance of this underappreciated legislative design choice and develops a framework within which to evaluate it. This Article observes that nationalization can take the form of rules that either displace local decisionmaking or channel it, and that those rules can be …
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.
The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.
University of Richmond Law Review
No abstract provided.
Lessons From Institutional Shareholder Services: Governing Benefit Corporations' Third-Party Standard, Tammi S. Etheridge
Lessons From Institutional Shareholder Services: Governing Benefit Corporations' Third-Party Standard, Tammi S. Etheridge
Michigan Business & Entrepreneurial Law Review
Almost one hundred years ago, Henry Ford, as CEO of the Ford Motor Company, announced a plan to cease payment of special dividends to shareholders. Instead, the company would reinvest its profits to employ more workers and build more factories. Investing in new workers and factories would cut the cost of cars and make them affordable to more people. Ford publicly declared that his “ambition [was] to employ still more men, to spread the benefits of this industrial system to the greatest possible number, to help them build up their lives and their homes. To do this we are putting …