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Full-Text Articles in Property Law and Real Estate
If You Don't Care, Who Will?, Chad J. Pomeroy
If You Don't Care, Who Will?, Chad J. Pomeroy
Faculty Articles
As a property law professor, I have lately found myself thinking a lot about privacy rights. Initially, the two topics (property and privacy) perhaps do not seem closely related, but I think they are—or, at least, I think the tie between the two is becoming much more pronounced and important, as modern life becomes ever more techno-centric. specifically, I think that privacy rights are, at this point, essentially an outgrowth of property rights. That is, one's right to privacy is dependent on what we traditionally view as one's property rights. At least, I think this is the current state of …
Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue
Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
In light of the history of the doctrine of ad coelum, as well as the states’ preeminent role (secured by the Tenth Amendment) in regulating property and airspace up to the 500-foot level, it is remarkable that the federal government has begun to claim that it controls everything above the blades of grass. This chapter challenges those statements, demonstrating that history and law establish that property owners, and the states, control the airspace adjacent to the land.
A Reign Of Error: Property Rights And Stare Decisis, Michael Allan Wolf
A Reign Of Error: Property Rights And Stare Decisis, Michael Allan Wolf
UF Law Faculty Publications
Mistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest published version of a U.S. Supreme Court opinion and remained uncorrected for several decades in versions of the decision published by the two leading commercial companies and in several online databases? And what would happen if judges, legal commentators, and practitioners wrote opinions, articles, and other legal materials that incorporated and built on that mistake? In answering these questions, this Article traces the widespread, exponential replication of an error (first appearing in 1928) in numerous subsequent cases …