Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons

Open Access. Powered by Scholars. Published by Universities.®

4,710 Full-Text Articles 2,947 Authors 1,420,743 Downloads 109 Institutions

All Articles in Property Law and Real Estate

Faceted Search

4,710 full-text articles. Page 1 of 85.

The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein 2016 Senior Attorney at Van Ness Law Firm, PLC, Miami, FL

The Non-Uniform Commercial Code: The Creeping, Problematic Application Of Article 9 To Determine Outcomes In Foreclosure Cases, Morgan L. Weinstein

University of New Hampshire Law Review

[Excerpt] “This article will discuss the operation of two portions of the Uniform Commercial Code (“U.C.C.”) on mortgage foreclosure law. Article 3 of the U.C.C. governs negotiable instruments, whereas Article 9 governs secured transactions. For decades, courts have utilized Article 3 to determine the rights of lenders and their assigns to enforce mortgage promissory notes and to foreclose mortgages thereon. However, certain jurisdictions do not utilize the U.C.C. in foreclosure cases, whereas other jurisdictions have recently begun to look to Article 9 instead. This article argues that the Uniform Commercial Code should receive more ...


Realtor Liability For Innocent Misrepresentation And Undiscovered Defects: Balancing The Equities Between Broker And Buyer, Linda S. Whitton 2016 Valparaiso University

Realtor Liability For Innocent Misrepresentation And Undiscovered Defects: Balancing The Equities Between Broker And Buyer, Linda S. Whitton

Linda S. Whitton

No abstract provided.


Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet 2016 Southern University Law Center

Banks, Break-Ins, And Bad Actors In Mortgage Foreclosure, Christopher K. Odinet

University of Cincinnati Law Review

No abstract provided.


Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Virtual Property, Joshua A.T. Fairfield 2016 Washington & Lee University School of Law

Virtual Property, Joshua A.T. Fairfield

Joshua A.T. Fairfield

This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - which is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act to limit ...


Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter 2016 Seattle University School of Law

Micro-Housing In Seattle: A Case For Community Participation In Novel Land Use Decisions, Patrick Carter

Seattle University Law Review

Rather than relying solely on the formal interpretations of government regulators invited by the structure of local zoning ordinances, the City of Seattle should adopt a process that invites community-based mediation and problem-solving when a significant shift in housing density is contemplated in a developer’s proposal. Greater resident participation in development projects allows the City of Seattle to better support those residents in their reliance interests arising from zoning ordinances while simultaneously furthering the policies that underpin urban zoning. This is especially true when such development projects raise the possibility of substantial impacts on the character of a community ...


Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill 2016 Griffith Law School

Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill

Class, Race and Corporate Power

This article engages with Marx in Miami and the strategies and pedagogical experiences of teaching Marx and Marxism. It relates the experience of teaching Marxism in a compulsory law course at the Gold Coast, Australia. Marx rarely makes an appearance in law schools and this poses particular challenges when it is taught to politically conservative students. Therefore the article supplies a case for teaching Marx arguing why it is not just appropriate for lawyers but irresponsible to exclude it.


La Accesión O Suma De Posesiones Vía Mortis Causa, Marco Andrei Torres Maldonado 2016 Universidad Nacional Mayor de San Marcos

La Accesión O Suma De Posesiones Vía Mortis Causa, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

Según el autor no solo los bienes, derechos y obligaciones son materia de sucesión, sino también las situaciones de hecho como la posesión, pudiendo esta ser adquirida vía mortis causa. En tal sentido, los herederos deberán ejercer actos de señorío sobre el bien, y solo en ese momento podrán adicionar el plazo posesorio de su causante en virtud del artículo 898 del Código Civil. Para el autor esta última exigencia resulta importante a efectos de la prescripción adquisitiva, puesto que para adquirir la propiedad por esta vía se requiere que la posesión sea pública.


Horizons At Seven Hills V. Ikon Holdings, 132 Nev. Adv. Op. 35 (Apr. 28. 2016) (En Banc), Lena Rieke 2016 Nevada Law Journal

Horizons At Seven Hills V. Ikon Holdings, 132 Nev. Adv. Op. 35 (Apr. 28. 2016) (En Banc), Lena Rieke

Nevada Supreme Court Summaries

The Court determined that (1) a superpriority lien for common expense assessments pursuant to NRS 116.3116(2) does not include collection fees and foreclosure costs incurred by a homeowners’ association; and (2) a superpriority lien in a homeowners association’s covenants, conditions, and restrictions is superseded by NRS 116.3116(2).


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 2016 Seattle University School of Law

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada 2016 Seattle University School of Law

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert 2016 Seattle University School of Law

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble 2016 Seattle University School of Law

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra 2016 Seattle University School of Law

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee 2016 Seattle University

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land and Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


The Architectural Works Copyright Protection Act At Twenty: Has Full Protection Made A Difference?, David E. Shipley 2016 University of Georgia School of Law

The Architectural Works Copyright Protection Act At Twenty: Has Full Protection Made A Difference?, David E. Shipley

Journal of Intellectual Property Law

No abstract provided.


Real Estate Crowdfunding – Modern Trend Or Restructured Investment Model?: Have The Sec’S Proposed Rules On Crowdfunding Created A Closed-Market System?, Cory Baker 2016 Pepperdine University

Real Estate Crowdfunding – Modern Trend Or Restructured Investment Model?: Have The Sec’S Proposed Rules On Crowdfunding Created A Closed-Market System?, Cory Baker

The Journal of Business, Entrepreneurship & the Law

Crowdfunding is one of the fastest growing and most controversial segments of online purchasing and investing. Crowdfunding projects have been increasingly geared towards real estate development and are changing the scope of investment by enabling developers to solicit securities-based funding from the public. When the Securities and Exchange Commission (SEC) proposed its rules to allow crowdfunding under the Jumpstart Our Business Startups (JOBS) Act, it raised the issue of whether crowdfunding would be a viable option for building and owning large-scale projects. Offering developers new ways to finance projects, small investors a way in, and the socially conscious an avenue ...


Digital Commons powered by bepress