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Notre Dame Law School

Property Law and Real Estate

Notre Dame Law Review

2018

Articles 1 - 2 of 2

Full-Text Articles in Law

Progressive Genetic Ownership, Jessica L. Roberts Mar 2018

Progressive Genetic Ownership, Jessica L. Roberts

Notre Dame Law Review

Recently, property law scholars have challenged neoclassical economic theory as the primary lens for understanding ownership. As an alternative to the all-too-familiar concepts of welfarism, rational choice theory, and cost-benefit analysis, they offer “progressive property,” a school of thought grounded in value pluralism, communitarianism, and redistribution. To date, much of the progressive property literature has focused exclusively on land use. This Article tests the versatility of this new property school by applying it to a novel context: genetic ownership. As with real property, discussions surrounding genetic ownership have been entrenched in the language of neoclassical economics. Given the proliferation of …


The Current Predatory Nature Of Land Contracts And How To Implement Reforms, Stacy Purcell Mar 2018

The Current Predatory Nature Of Land Contracts And How To Implement Reforms, Stacy Purcell

Notre Dame Law Review

Because land contracts are frequently inequitable, advocates and legislators have called for enhanced regulation. This Note examines the imbalance of power between sellers and buyers during the formation of land contracts, the ways the law has attempted to lessen the inequality, and how to implement potential reforms. Part II discusses the history of land contracts and their recent resurgence since the 2008 housing crash. Part III explains that while current land contracts are often predatory, land contracts could potentially be a useful way for low-income individuals to become homeowners. Part IV outlines proposed national and state reforms. Part V makes …