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The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng HU, Kelvin F. K. LOW, Wei ZHANG 2022 Singapore Management University

The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang

Research Collection Lee Kong Chian School Of Business

This paper examines the impact of fiduciary duties on collective asset sales in the case of owners acting as delegates for other owners, thereby potentially inducing conflicts of interests. Our identification strategy exploits a unique legal shock in Singapore, which established fiduciary duties in those transactions in the real estate market known colloquially as en bloc sales. The imposition of fiduciary duties caused the price premium of units sold via en bloc sales to increase over units ineligible for en bloc sale, as well as over units that, although eligible for en bloc sale, are sold individually. In addition, this ...


Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten 2022 Saint Louis University School of Law

Freeports: An Introduction To The Next Battleground Of International Tax Avoidance, Charles F. Whitten

SLU Law Journal Online

Freeports, special zones that offer favorable tax policies to goods being housed therein, are quietly and quickly becoming a favored investment tactic used by the ultra-wealthy. In this article, Charles F. Whitten discusses how freeport expansion threatens to unravel international efforts to combat tax avoidance and money laundering.


Recent Amendments To The Interim Real Estate Registery Of The Emirate Of Dubai (Its Effects On The Legal Characterization In Off Plan Sale Contracts, yassir aliftaihat Dr. 2022 Associate Professor of Civil Law College of Law, Al Ghurair University, United Arab Emirates

Recent Amendments To The Interim Real Estate Registery Of The Emirate Of Dubai (Its Effects On The Legal Characterization In Off Plan Sale Contracts, Yassir Aliftaihat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The research discusses the regulations of selling off plan real estate units as stated on the Emirate of Dubai by the legislator who has regulated and imposed the subsequent amendments to the law in order to face the most significant challenge in the field of real estate development in the Emirate of Dubai, where distinguishes the real estate investment, gives the Private Real Estate Developer a board scope whether is local or foreign and attracts purchasers, investors, and foreigners. Therefore, a new concept of the real estate legislation has established to achieve two basic aims: the first aim is to ...


The Right To Recover Property Sold At Public Auction Under The Jordanian Law, Osayed Thneibat Dr. 2022 Associate Professor of Civil Law, College of Law - Mutah University

The Right To Recover Property Sold At Public Auction Under The Jordanian Law, Osayed Thneibat Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The Bureau for the Interpretation of Laws adaptation of the right to recover the real property as an abolishing clause in the judicial sale of the property leads us to examine the impacts of this right in both stages that this clause applied on، the suspending stage and affirmed stage of the clause. In this regard، we found that the right to recover in the suspending stage tied with a legal restriction burden on whom be remitted the right not to dispose of the recovered property neither by swapping، donation، mortgaging or parcelling (demarcation). Therefore، we examine the impact of ...


Regulations For The Termination Of The Real Estate Contract Sell On The Blueprint Unilaterally: A Comparative Study Of The Law Regulating The Initial Real Estate Registry In The Emirate Of Dubai, ali hadi alobeidi prof. 2022 Professor of Civil Law, College of Law, Al Ain University

Regulations For The Termination Of The Real Estate Contract Sell On The Blueprint Unilaterally: A Comparative Study Of The Law Regulating The Initial Real Estate Registry In The Emirate Of Dubai, Ali Hadi Alobeidi Prof.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The contract for the sale of real estate on the map shall mean the contract whereby real estate units classified on the map or in the process of being constructed or not completed shall be sold. This contract is a necessary contract and, according to general rules, it is assumed that neither party can terminate it voluntarily without consent or litigation. However, Article (11) of the law regulating the initial land registry in the Emirate of Dubai granted the real estate developer the right to terminate the sales contract concluded with the buyer without consent or litigation when the buyer ...


Balancing Testator Freedom With Reproductive Rights In A Post-Dobbs Illinois, Mary Webb 2022 Saint Louis University School of Law

Balancing Testator Freedom With Reproductive Rights In A Post-Dobbs Illinois, Mary Webb

SLU Law Journal Online

When creating a trust, a grantor may attach conditions that beneficiaries must meet before receiving an inheritance. Some conditions can become so restrictive that they contravene public policy and are unenforceable by courts. In this article, Mary Webb balances Illinois public policy on testamentary and reproductive freedom to determine whether an Illinois court would uphold a beneficiary restriction clause that restricts a beneficiary's reproductive rights.


The Realities Of Takings Litigation, Dave Owen 2022 Brigham Young University Law School

The Realities Of Takings Litigation, Dave Owen

BYU Law Review

This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States ...


Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives 2022 Western Kentucky University

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.


Federal Historic Preservation's "Place" In Property Theory, Sam W. Gieryn 2022 Pace University

Federal Historic Preservation's "Place" In Property Theory, Sam W. Gieryn

Pace Environmental Law Review

Progressive Property Theory scholars often point to historic preservation as an example of how property, itself, imposes an obligatory use. A historic structure’s public benefit justifies restrictions in available uses. To date, however, Progressive Property Theory has considered historic preservation only as it is applied in state and local regimes, forgoing an analysis of the federal structure under the National Historic Preservation Act. This article establishes a synergy between the underlying principles of Progressive Property Theory and federal historic preservation and suggests that federal historic preservation’s identification and incentivization structures model a process that could move Progressive Property ...


Data Types, Data Doubts & Data Trusts, João Marinotti 2022 Indiana University Maurer School of Law

Data Types, Data Doubts & Data Trusts, João Marinotti

Articles by Maurer Faculty

Data is not monolithic. Nonetheless, the word is frequently used indiscriminately—in reference to a number of distinct concepts. It may refer to information writ large, or specifically to personally identifiable information, discrete digital files, trade secrets, and even to sets of AI-generated content. Yet each of these types of “data” requires different governance regimes in commerce, in life, and in law. Despite this diversity, the singular concept of data trusts is promulgated as a solution to our collective data governance problems. Data trusts—meant to cover all of these types of data—are said to promote personal privacy, increase ...


Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield 2022 Washington & Lee University School of Law

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield

Indiana Law Journal

Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.

NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is ...


Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy 2022 University of South Dakota Knudson School of Law

Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy

Washington Law Review

The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons ...


“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig 2022 Nova Southeastern University Shepard Broad College of Law

“Pigs In The Parlor”: The Legacy Of Racial Zoning And The Challenge Of Affirmatively Furthering Fair Housing In The South, Jade A. Craig

Mississippi College Law Review

The Fair Housing Act of 1968 includes a provision that requires that the Secretary of Housing and Urban Development (HUD) administer the policies within the Act to “affirmatively further” fair housing. Scholars have largely derived their analysis from studying large urban areas and struggles to integrate the suburbs. The literature, however, has not focused on the impact of zoning and discriminatory land use policies within and around low-income rural and small communities or specifically in the southeastern United States. Scholars have also insufficiently considered the implications of these policies on the duty to “affirmatively further” fair housing.

Racial zoning was ...


Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School 2022 William & Mary Law School

Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Role of Empirical Research

September 30-October 1, 2021

Panel 1: The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been

Panel 2: The Relationship Between Eminent Domain and Social and Racial Injustice

Panel 3: The Interdependence of Property and First Amendment Rights

Panel 4: The Distributional Implications of Land Use Regulation


Climate Change Adaptation As A Problem Of Inequality And Possible Legal Reforms, David A. Dana 2022 Northwestern Pritzker School of Law

Climate Change Adaptation As A Problem Of Inequality And Possible Legal Reforms, David A. Dana

Northwestern University Law Review

Climate change will necessitate adaptation in all parts of the United States, but some individuals and localities will be better able to adapt than others. Wealth inequalities among individuals and localities already are translating—and will continue to translate—into inequalities between the rich and poor in their capacity to adapt. Current federal disaster aid programs and policies exacerbate these inequalities by favoring the wealthy, and future government resource management decisions and investments also may broaden the gap between rich and poor in terms of the economic and other costs they will bear from climate change. Some have suggested broadening ...


Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez 2022 Northwestern Pritzker School of Law

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez

Northwestern University Law Review

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting ...


Compulsory Terms In Property, Timothy M. Mulvaney 2022 Northwestern Pritzker School of Law

Compulsory Terms In Property, Timothy M. Mulvaney

Northwestern University Law Review

The state’s imposition of compulsory terms in property relations—such as habitability warranties binding landlords and tenants and minimum wages binding employers and employees—has long been conceived by analysts generally situated on the political right as an affront to individual freedom and inevitably harmful to the terms’ intended beneficiaries. This critique, though, seems to have special purchase in public discourse today not only within its traditional circle of supporters on the right but, at least in some instances, for a sizable number on the left as well. The bipartisan acceptance of this critique is serving as a substantial ...


Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose 2022 Northwestern Pritzker School of Law

Property Law And Inequality: Lessons From Racially Restrictive Covenants, Carol M. Rose

Northwestern University Law Review

A long-standing justification for the institution of property is that it encourages effort and planning, enabling not only individual wealth creation but, indirectly, wealth creation for an entire society. Equal opportunity is a precondition for this happy outcome, but some have argued that past inequalities of opportunity have distorted wealth distribution in contemporary America. This article explores the possible role of property law in such a distortion, using the historical example of racially restrictive covenants in the first half of the twentieth century. I will argue that the increasing professionalization and standardization of real estate practices in that era included ...


American Courts' Image Of A Tenant, Nadav Shoked 2022 Northwestern Pritzker School of Law

American Courts' Image Of A Tenant, Nadav Shoked

Northwestern University Law Review

What is the core of current American residential landlord–tenant law, and how was that core formed? This Essay argues that in the past few decades courts have settled on a two-pronged landlord–tenant law regime. The law provides tenants with assurances respecting the quality of the units they rent. It does not, conversely, provide them with any assurances respecting the price of the rental units—and, therefore, respecting their ability to remain in those units.

The first component of the regime was established through the well-known judicial creation and endorsement of the warranty of habitability. The second component’s ...


Eviction Court Displacement Rates, Nicole Summers 2022 Northwestern Pritzker School of Law

Eviction Court Displacement Rates, Nicole Summers

Northwestern University Law Review

This Essay introduces the concept of eviction court displacement rates, defined as the percentage of eviction filings that result in tenant displacement. The Essay argues that a jurisdiction’s eviction court displacement rate provides crucial insight into the role of its legal system in driving substantive eviction outcomes. The Essay then compiles existing data on court displacement rates and compares those rates across jurisdictions. This comparison reveals massive variation in court displacement rates nationwide. In some jurisdictions, a tenant’s likelihood of displacement upon receiving an eviction filing is approximately one in twenty. In other jurisdictions, it is higher than ...


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