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Stategraft, Bernadette Atuahene, Timothy Hodge 2017 Chicago-Kent College of Law

Stategraft, Bernadette Atuahene, Timothy Hodge

Bernadette Atuahene

No abstract provided.


Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss 2017 New York Law School

Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss

Rooftops Project

Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.


A New Coalescence In The Housing Finance Reform Debate?, Patricia McCoy, Susan Wachter 2017 Boston College Law School

A New Coalescence In The Housing Finance Reform Debate?, Patricia Mccoy, Susan Wachter

Patricia A. McCoy

This policy brief examines recent proposals for reform of the housing finance system.


Representations And Warranties: Why They Did Not Stop The Crisis, Patricia McCoy, Susan Wachter 2017 Boston College Law School

Representations And Warranties: Why They Did Not Stop The Crisis, Patricia Mccoy, Susan Wachter

Patricia A. McCoy

During the run-up to the 2008 financial crisis, representations and warranties (contractual statements enforceable through legal action) may have given investors false assurance that mortgage loans were being properly underwritten. This assurance in turn may have contributed to overinvestment in mortgage-backed securities in two ways. First, the assumption that legally enforceable penalties associated with reps and warranties would deter lax underwriting may have led to less monitoring of these contracts than would otherwise have occurred. In turn, the lack of monitoring of actual underwriting practices enabled the spread of lax lending practices. The existence of these reps and warranties and ...


Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, Jo Carrillo 2017 University of New Hampshire

Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, Jo Carrillo

University of New Hampshire Law Review

This article argues that intimate partners should have the right to adopt a sharing economy within marriage. Forty-one U.S. states employ a separate property regime for property acquired during marriage; of these, only two allow married couples to opt out of the separate property system and hold their assets as community property. Nine U.S. states are community property states. To encourage equal partnership in marriage, Calvin Massey proposed that New Hampshire, a separate property state, enable a community property option. This essay expands on Massey’s proposal by comparing it to three other marriage reform proposals: two based ...


Incomplete Takings, Abraham Bell, Gideon Parchomovsky 2017 University of San Diego

Incomplete Takings, Abraham Bell, Gideon Parchomovsky

Faculty Scholarship

Incomplete takings are vital and extremely common. Yet, they present unique challenges that cannot be resolved by standard rules of eminent domain. In particular, incomplete, or partial, takings may result in the creation of suboptimal parcels, and even unusable and unmarketable ones. Additionally, partial takings create nettlesome assessment problems that do not arise when parcels are taken as a whole. Finally, incomplete takings engender opportunities for inefficient strategic behavior on the part of the government after the partial taking has been carried out. Current partial takings jurisprudence fails to resolve these problems, and, in some instances even exacerbates them.

In ...


Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson 2017 Boston College Law School

Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson

Boston College Law Review

On May 16, 2016, in Teixeira v. County of Alameda, the U.S. Court of Appeals for the Ninth Circuit held that a zoning ordinance was not presumptively lawful under the Second Amendment. The court utilized the two-step analysis derived from the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller to examine the constitutionality of the ordinance. The court remanded the case and recommended that the district court apply a heighted level of scrutiny—potentially even strict scrutiny. On December 27, 2016, the Ninth Circuit ordered an en banc rehearing. This Comment argues that on ...


Future Interests? Meet Chattels!, Thomas E. Simmons 2017 University of South Dakota School of Law

Future Interests? Meet Chattels!, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi 2017 St. John's University School of Law

Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi

Journal of Catholic Legal Studies

No abstract provided.


Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker 2017 University of Nebraska College of Law

Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker

Michigan Law Review

This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity ...


La Solicitud De Suspensión De Medidas Cautelares Sin Tercería, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

La Solicitud De Suspensión De Medidas Cautelares Sin Tercería, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

¿Es la tercería la única forma de defender la propiedad frente a un embargo? La solicitud de suspensión de medidas cautelares es un mecanismo de tutela rápido y efectivo que se ha dejado de lado en los últimos meses. En el presente artículo, el autor nos explica más acerca de este mecanismo.


The Law Of Nonmarriage, Albertina Antognini 2017 University of Kentucky College of Law

The Law Of Nonmarriage, Albertina Antognini

Boston College Law Review

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the ...


In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso 2017 william s

In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso

Nevada Supreme Court Summaries

The Court determined that (1) NRS 155.190(1)(h) only grants the Court appellate jurisdiction over the portion of an appeal order instructing or appointing a trustee, and (2) persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada impliedly consent to personal jurisdiction in Nevada under 163.5555.


Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The Court determined that (1) NRS 361.395 does not provide the State Board with authority to order reappraisals; and (2) the 2010 regulation purporting to provide the State Board with such authority does not apply retroactively to the tax years at issue in this case.


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington 2017 Vanderbilt Law School

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Christopher Serkin

No abstract provided.


Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher 2017 Duke Law

Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher

Duke Law & Technology Review

The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory challenges created by the new technology. Congress instructed the FAA to integrate drones into the National Airspace System in 2012, but rulemaking delays and a moratorium on commercial uses hampered the industry and withheld benefits from the public. Final regulations are now in place, but the new rules revive legal uncertainty over the constitutional limits of federal authority and the ambiguous vertical bounds ...


Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond 2017 Selected Works

Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond

Celeste M. Hammond

No abstract provided.


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon 2017 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Pace Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.


Pure Blue Cleaning London, Kayla Finch 2016 Selected Works

Pure Blue Cleaning London, Kayla Finch

Kayla Finch

If you are looking to hire a professional house cleaner, who is experienced and trustworthy, then opt for the services of Pure Blue Cleaning. Available during weekends and bank holidays, they are just the type of cleaning you are looking for! Whether you need your carpets washed, or you need someone to clean your property regularly, Pure Blue is the company to call!


When Robots Trespass, Thomas E. Simmons 2016 University of South Dakota School of Law

When Robots Trespass, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


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