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Articles 1 - 30 of 37
Full-Text Articles in Law
Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden
Remedies And The Psychology Of Ownership, Jeffrey J. Rachlinski, Forest Jourden
Cornell Law Faculty Publications
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold
Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis Goes Too Far, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman
Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman
Faculty Publications
The American Law Institute's adoption of the Restatement (Third) of Property: Mortgages may have significant impact on the negotiation and drafting of mortgages. Rather than merely reciting the prevailing case law, the Restatement proposes approaches the American Law Institute believes are desirable as a matter of sound policy. This Article highlights key areas in which the new Restatement may affect mortgage drafting and suggests useful techniques for mortgage drafters.
Community Property Reimbursement, Roger Bernhardt
Community Property Reimbursement, Roger Bernhardt
Publications
This article discusses how California community property rules intersect with dissolution and bankruptcy claims, dealing with the effect of a couple making the down payment with funds from one of the spouse’s parents.
Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski
Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Foreclosure Shortfalls, Roger Bernhardt
Foreclosure Shortfalls, Roger Bernhardt
Publications
This article discusses California cases where buyers successfully sued sellers for fraud, but offsets then entitles the sellers to foreclose.
Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Faculty Publications
No abstract provided.
Fair Value, Roger Bernhardt
Fair Value, Roger Bernhardt
Publications
This article deals with California foreclosure, deficiency judgments, postsale redemption and fair value.
Finders Weepers, Roger Bernhardt
Finders Weepers, Roger Bernhardt
Publications
This article analyzes a California decision involving a finder’s fee agreement.
Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock
Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Is Attachment Once Again Safe?, Roger Bernhardt
Is Attachment Once Again Safe?, Roger Bernhardt
Publications
This article discusses a California statute that authorizes undersecured lenders to obtain prejudgment attachment on their debtor’s other assets in light of the one-action rule.
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Articles & Book Chapters
This article describes the law of defamation, with advice to realtors on how to avoid defaming others.
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin
All Faculty Scholarship
No abstract provided.
Whatever Happened To Landlord-Tenant Law?, Gerald Korngold
Whatever Happened To Landlord-Tenant Law?, Gerald Korngold
Articles & Chapters
No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
The Original Understanding Of The Takings Clause, William Michael Treanor
The Original Understanding Of The Takings Clause, William Michael Treanor
Georgetown Environmental Law & Policy Institute Papers & Reports
The champions of the property rights movement claim that they are fighting to restore the original understanding of the Takings Clause of the Fifth Amendment. They invoke James Madison and other founding fathers as support for proposed statutes that require the federal government to pay property owners when it prevents them from harming the environment or jeopardizing the survival of endangered species. Wetlands regulation, it is often said, "takes" property by diminishing its value, and the founders adopted the Takings Clause to ensure that, when government regulations diminished the value of property, the owner would receive compensation. Increasing numbers of …
Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, 51 Okla. L. Rev. 229 (1998), Debra Pogrund Stark
Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, 51 Okla. L. Rev. 229 (1998), Debra Pogrund Stark
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii
The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Property As Propriety, Gregory S. Alexander
Not In My Backyard: The Clash Between Native Hawaiian Gathering Rights And Western Concepts Of Property In Hawaii, Samuel J. Panarella
Not In My Backyard: The Clash Between Native Hawaiian Gathering Rights And Western Concepts Of Property In Hawaii, Samuel J. Panarella
Faculty Law Review Articles
This article examines the uneasy truce that exists between Western property law and the original Hawaiian native gathering practices that existed before the arrival of Europeans. The author traces the development of Hawaiian law from early cases that severely restricted gathering rights to more permissive results. The article demonstrates both the strengths and weaknesses of the present system of land tenure in Hawaii and argues for the continued expansion of native Hawaiian gather rights providing such expansion takes place within, not outside of, the dominant fee simple land tenure system now in place in Hawaii.
The Rhetoric Of Property, Joan C. Williams
Hands Off! Civil Court Involvement In Conflicts Over Religious Property, Kent Greenawalt
Hands Off! Civil Court Involvement In Conflicts Over Religious Property, Kent Greenawalt
Faculty Scholarship
In this Article, Professor Kent Greenawalt explores how civil courts can constitutionally resolve conflicts over religious property. Although the practical and theoretical significance of this part of First Amendment law has often been overlooked, issues concerning church property continue to raise difficulties for both the courts charged with their resolution and the church members who wish to avoid the courts' intervention entirely. This Article argues that the general approach of noninvolvement that the Supreme Court has advocated in this area is consonant with broader themes in religion clause adjudication. Within this more general approach, Professor Greenawalt considers the two alternative …
The Irony Of Deregulatory Takings, Jim Rossi
The Irony Of Deregulatory Takings, Jim Rossi
Vanderbilt Law School Faculty Publications
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison
Articles
ProCD, Inc. v. Zeidenberg, which enforced a shrinkwrap license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …
Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel
Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel
Scholarly Works
Responding to the flurry of environmental coverage litigation over the application of the “sudden and accidental” pollution exclusion, the insurance industry during the mid-1980s largely adopted new standard pollution exclusion language for commercial general liability (CGL) policies. Since the mid-1980s, the standard form CGL has included the so-called absolute pollution exclusion, which provides that the insurance does not apply to bodily injury or property damage “arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.” A “pollutant” is defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, …
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
Articles
Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …
Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor
Jam For Justice Holmes: Reassessing The Significance Of Mahon, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
When courts and commentators discuss Pennsylvania Coal Co. v. Mahon, they use the same word with remarkable regularity: famous. Mahon has achieved this fame in part because it was the occasion for conflict between judicial giants, and because the result seems ironic. Justice Oliver Wendell Holmes, Jr.--the great Lochner dissenter and a jurist generally considered a champion of judicial deference to legislatures in the sphere of economic decision-making--wrote the opinion striking down a Pennsylvania statute barring coal mining that could cause the surface to cave-in. Sharply dissenting from Holmes's opinion was his consistent ally on the Court, Justice Louis …
Understanding Mahon In Historical Context, William Michael Treanor
Understanding Mahon In Historical Context, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Despite its enormous influence on constitutional law, Pennsylvania Coal Co. v. Mahon is just such an opinion; the primary purpose of the author’s article Jam for Justice Holmes: Reassessing the Significance of Mahon is to clarify Holmes's intent by placing the opinion in historical context and in the context of Holmes's other opinions. While other scholars have also sought to place Mahon in context, his account differs in large part because of its recognition, as part of the background of Mahon, of a separate line of cases involving businesses affected with a public interest.
The author argues that at …