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The "Publicization" Of Private Space, Sarah B. Schindler 2018 University of Maine School of Law

The "Publicization" Of Private Space, Sarah B. Schindler

Faculty Publications

Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a ...


Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam MacLeod 2017 Faulkner University

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod

Adam MacLeod

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligation upon private persons and government officials. On the other side of the divide, scholars of law and jurisprudence have generally proceeded, since at least the rise of English positivism in the nineteenth century and the American legal realist movement in the early twentieth, as if the concept of vested right has little real meaning. This article attempts to ...


Murr V. Wisconsin, Nathan A. Burke 2017 Alexander Blewett III School of Law at the University of Montana

Murr V. Wisconsin, Nathan A. Burke

Public Land and Resources Law Review

In Murr v. Wisconsin, the Court redefined how to determine private property for a regulatory taking under the Fifth Amendment. Previously, courts have primarily relied on state property principles to determine the relevant unit of property for a regulatory takings claim. However, in this case, the Court adopted a three-factor standard to determine the landowner’s reasonable expectations regarding the treatment of their property. By relying on these factors rather than only on state laws, the Court created a litigation-specific definition of property that could potentially differ from state property boundaries. The three-factor standard may also give the government an ...


Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale 2017 University of Oklahoma College of Law

Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale

Oklahoma Journal of Law and Technology

No abstract provided.


Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon 2017 Southern Methodist University

Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon

SMU Law Review

No abstract provided.


Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Court determined that: (1) under NRS 116.3116 (The HOA Lien Statute), an HOA’s assertion and subsequent rescission of a superpriority lien does not preclude the HOA from asserting new, separate superpriority liens based on unpaid assessments accruing after the rescission of the previous superpriority lien; and (2) superpriority liens survive Chapter 7 bankruptcy discharge.


Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero

Nevada Supreme Court Summaries

The Court held that NRS 11.190(1)(b)’s statute of limitations does not apply to nonjudicial foreclosures because it is not a judicial action.


Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri 2017 St. John's University School of Law

Diocesan Real Estate Transactions - Canon And Civil Law Implications, Bernard C. Huger, Huger & Cramer St. Louis, Missouri

The Catholic Lawyer

No abstract provided.


An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar 2017 Indiana University McKinney School of Law

An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar

Pace Law Review

Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code ...


Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges 2017 Pacific Legal Foundation

Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges

Seattle Journal of Environmental Law

Washington’s cities and counties are increasingly demanding that owners of residential shoreline properties dedicate large, predetermined critical area buffers as a mandatory condition of any new development. Such demands, when imposed without regard to the specifics of the land use proposal, would appear to violate the essential nexus and rough proportionality tests established by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Early decisions from Washington courts faithfully applied these tests, invalidating open space and buffer dedications. But in a ...


Intellectual Property And Competition, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Intellectual Property And Competition, Herbert J. Hovenkamp

Faculty Scholarship

A legal system that relies on private property rights to promote economic development must consider that profits can come from two different sources. First, both competition under constant technology and innovation promote economic growth by granting many of the returns to the successful developer. Competition and innovation both increase output, whether measured by quantity or quality. Second, however, profits can come from practices that reduce output, in some cases by reducing quantity, or in others by reducing innovation.

IP rights and competition policy were traditionally regarded as in conflict. IP rights create monopoly, which was thought to be inimical to ...


Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr. 2017 Nevada Law Journal

Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.


The Economic Loss Rule: Is A Building A “Product?” — Another View, Steve Siegfried, Erwin Gonzalez, H. Hugh (Terry) McConnell, Allen Bonner, James Czodli 2017 University of Miami School of Law

The Economic Loss Rule: Is A Building A “Product?” — Another View, Steve Siegfried, Erwin Gonzalez, H. Hugh (Terry) Mcconnell, Allen Bonner, James Czodli

University of Miami Law Review

This Article addresses how the Florida Supreme Court in Tiara Condominium Association v. Marsh & McLennan Cos. receded from its definition of “other property” in Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc. In Casa Clara the Florida Supreme Court held that a building is to be treated as a “product” for purposes of applying the Economic Loss Rule’s bar to tort claims for defective building materials incorporated into the building. Although Casa Clara adopted the economic loss rule established by Seely v. White Motor Co. and East River Steamship Corp. v. Transamerica Delaval, Inc., it departed from ...


A Novel Tool For Teaching Property: Starting With The Questions, Tim Iglesias 2017 University of San Francisco, School of Law

A Novel Tool For Teaching Property: Starting With The Questions, Tim Iglesias

Tim Iglesias

For most Property Law professors teaching Property Law is both a joy and a challenge. We are convinced of the importance of the subject for law practice and society at large, but we face numerous challenges in the classroom. Our pedagogical objectives vary, but most of us want to teach some doctrine, some policy and some theory. Engaging fruitfully in policy and theoretical debates requires some grasp of doctrine, but many of the doctrines are complex and not intuitive. This essay offers Property Law professors a new tool that will help them teach doctrine more efficiently so that they can ...


Concurrencia De Acreedores Y Mejor Derecho De Propiedad. Advocatus.Pdf, Alan A. Pasco Arauco 2017 Universidad San Marcos

Concurrencia De Acreedores Y Mejor Derecho De Propiedad. Advocatus.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky 2017 Selected Works

The Geography Of Justice Wormholes: Dilemmas From Property And Criminal Law, Hari M. Osofsky

Hari Osofsky

No abstract provided.


Does The Endowment Effect Prevail When Traders Act Strategically?, Stephan Tontrup 2017 NYU School of Law

Does The Endowment Effect Prevail When Traders Act Strategically?, Stephan Tontrup

New York University Law and Economics Working Papers

Trading is more than a personal valuation of own property. Traders try to anticipate the WTP potential buyers have for the good they want to sell. They do not focus on the value the entitlement has for them, their personal valuation is only a reservation price.

The law analyzes the Endowment Effect because it wants to protect gains from trade; most economic and psychological Endowment Effect studies by contrast are concerned with a dif-ferent question: They test theories of preference formation; unlike in trading behavior they focus the participants on their entitlement to demonstrate that valuation depends on owner-ship and ...


Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy McLaughlin 2017 S.J. Quinney College of Law, University of Utah

Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy Mclaughlin

Utah Law Faculty Scholarship

Property owners who make charitable gifts of perpetual conservation easements are eligible to claim federal charitable income tax deductions. Through this tax-incentive program the public is investing billions of dollars in easements encumbering millions of acres nationwide. In response to reports of abuse in the early 2000s, the Internal Revenue Service (Service) began auditing and litigating questionable easement donation transactions, and the resulting case law reveals significant failures to comply with the deduction’s requirements. Recently, the Service has come under fire for enforcing the deduction’s “perpetuity” requirements, which are intended to ensure that the easements will protect the ...


Cuestiones Prácticas Derivadas Del Derecho De Retención Del Poseedor En Materia De Mejoras, Marco Andrei Torres Maldonado 2017 Universidad Nacional Mayor de San Marcos

Cuestiones Prácticas Derivadas Del Derecho De Retención Del Poseedor En Materia De Mejoras, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

En función de un caso concreto relativo a la devolución de las mejoras, el autor explica la naturaleza y los presupuestos del derecho de retención, como son la conexión entre el bien y el crédito contraído, así como la posesión inmediata del objeto sobre el cual se ejerce este derecho. En tal sentido, afirma que para que el acreedor hipotecario pueda hacerse con el inmueble sometido a retención por parte del acreedor del deudor hipotecario, en virtud de mejoras realizadas, tan solo bastará que el acreedor hipotecario pague el valor de estas al retenedor de la cosa.


Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd 2017 Selected Works

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


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