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Full-Text Articles in Property Law and Real Estate
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Law Student Publications
Introduced in 2016, Virginia House Bill 48 proposed civil forfeiture reforms which would raise the burden of proof required for law enforcement agencies to seize property related to criminal activity. Civil forfeiture has grown in recent decades to deprive innocent property owners of their belongings, often due to connections between the property seized and persons accused of using the property illegally without the owners’ consent. Additionally, with a burden of proof much lower than the standard that must be met for a criminal conviction, civil forfeiture as it stands now risks depriving property owners of their possessions despite a lack …
The Right To Enforce: Why Rluipa's Land Use Provisions Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provisions Is A Constitutional Federal Enforcement Power, Qasim Rashid
Law Student Publications
The Religious Land Use and Institutionalized Persons Act (“RLUIPA”) superseded the Religious Freedom Restoration Act (“RFRA”), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports “of the eighteen RLUIPA matters involving …
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries?, Anne T. T. Jensen
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries?, Anne T. T. Jensen
Law Student Publications
This article will provide both an analysis of the legal concept of eminent domain and its likelihood of success in resuscitating real estate markets in towns like San Bernandino. Sections Two and Three will explore the background of the mortgage crisis and provide an in-depth description of the eminent domain proposal by the Mortgage Resolution Partners ("MRP"). Section Four takes a deeper look into the state and federal precedent on a municipality's power to use eminent domain, revealing that the definition of "legitimate public purpose" would likely apply to the seizing of mortgages. Finally, Section Five will focus on the …
The Silver Lining In The Red Giant: China’S Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
The Silver Lining In The Red Giant: China’S Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
Law Student Publications
This comment examines the rise of China‘s middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment dis-cusses the ramifications of strict domestic residential mortgage regulations and how China‘s tempered investment structure secured its domestic housing market. Part II of this comment examines China‘s investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …