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Full-Text Articles in Property Law and Real Estate
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
BYU Law Review
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …
Reliance In Land Use Law, Kenneth A. Stahl
Reliance In Land Use Law, Kenneth A. Stahl
BYU Law Review
For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
BYU Law Review
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
Brigham Young University International Law & Management Review
No abstract provided.
Necessity Or Overkill? Regulating Residential Landlord-Tenant Relations Through The Utah Consumer Sales Practices Act, David L. Johnson
Necessity Or Overkill? Regulating Residential Landlord-Tenant Relations Through The Utah Consumer Sales Practices Act, David L. Johnson
BYU Law Review
No abstract provided.