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Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.


Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington 2014 University of Massachusetts School of Law

Time For Change: Bringing Massachusetts Homestead And Personal Property Exemptions Into The Twenty-First Century, Lee Harrington

University of Massachusetts Law Review

There are presently two pieces of legislation pending on Beacon Hill that are intended to offer amendments to the Homestead Statute and Exemption Statute that would offer meaningful changes and real relief for the citizens of the Commonwealth. This article provides a brief history of the two statutory schemes, provides some comparisons to the schemes in other states, and highlights the changes sought by the proposed amendments.


The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz 2014 Touro College Jacob D. Fuchsberg Law Center

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Takings Cases In The October 2004 Term, Leon D. Lazer 2014 Touro College Jacob D. Fuchsberg Law Center

Takings Cases In The October 2004 Term, Leon D. Lazer

Touro Law Review

No abstract provided.


Federalism Cases In The October 2004 Term, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Mirrored Externalities, Lisa Grow Sun, Brigham Daniels 2014 Notre Dame Law School

Mirrored Externalities, Lisa Grow Sun, Brigham Daniels

Notre Dame Law Review

A fundamental but underappreciated truth is that positive and negative externalities are actually mirror reflections of each other. What we call “mirrored externalities” exist because any action with externalities associated with it can be described as a choice to do or to refrain from doing that particular action. For example, if a person smokes and thereby creates a negative externality of more secondhand smoke, then her choice not to smoke creates a positive externality of less secondhand smoke. Conversely, if a person’s choice to get an immunization confers a positive externality of reducing vectors for disease transmission, then a ...


Reinvigorating The Reit's Neutrality And Capital Formation Purposes Through A Modernized Tax Integration Model, Simon Johnson 2014 Pepperdine University

Reinvigorating The Reit's Neutrality And Capital Formation Purposes Through A Modernized Tax Integration Model, Simon Johnson

The Journal of Business, Entrepreneurship & the Law

Efforts at reform have not spared the REIT arrangement, but have focused on objectives unrelated to its model of tax integration, despite its significant flaws. Owing to the interaction of several provisions, the model largely precludes capitalization through retained earnings. This increases the cost of REIT capital and limits its capacity to realize the neutrality and private real estate capital formation objectives Congress pursued in creating the arrangement. Accordingly, it is important to consider how to durably improve the REIT tax integration model. Ultimately, the article concludes that the shareholder allocation model, a complete integration model conceptually similar to the ...


Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar 2014 Touro College Jacob D. Fuchsberg Law Center

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr. 2014 Touro College Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.


Property Rights In Eastern Germany: An Overview Of The Amended Property Law, A. Bradley Shingleton, Volker Ahrens, Peter Ries 2014 University of Georgia School of Law

Property Rights In Eastern Germany: An Overview Of The Amended Property Law, A. Bradley Shingleton, Volker Ahrens, Peter Ries

Georgia Journal of International & Comparative Law

No abstract provided.


German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson 2014 University of Georgia School of Law

German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson

Georgia Journal of International & Comparative Law

No abstract provided.


How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias 2014 University of San Francisco

How Should The Law Treat Roommate Relationships? A Tale Of Two Cases, Tim Iglesias

Tim Iglesias

The law of roommates is an important but underdeveloped area of landlord-tenant law. Two recent cases, Fair Hous. Council v. Roommate.com, 666 F.3d 1216 (9th Cir. 2012) and Mercury Cas. Co. v. Chu, 229 CA4th 1432 (2014), offer contrasting approaches. This article explores the issues, reviews the cases and favors the Mercury court's approach.


The Promises And Pitfalls Of Micro-Housing, Tim Iglesias 2014 University of San Francisco

The Promises And Pitfalls Of Micro-Housing, Tim Iglesias

Tim Iglesias

This is a primer on the new and growing phenomenon of micro-housing. It defines micro-housing, discusses policy arguments and outlines regulatory issues.


Comment On Home Mortgage Disclosure Act Proposed Rulemaking, David J. Reiss 2014 SelectedWorks

Comment On Home Mortgage Disclosure Act Proposed Rulemaking, David J. Reiss

David J Reiss

The Consumer Financial Protection Bureau's Home Mortgage Disclosure Act proposed rulemaking (proposed Aug. 29, 2014) is a reasonable one. It increases the amount of information that is to be collected about important consumer products, such as reverse mortgages. It also increases the amount of important information it collects about all mortgages. At the same time, it releases lenders from having to determine borrowers’ intentions about how they will use their loan proceeds, something that can be hard to do and to document well. Finally, while the proposed rule raises some privacy concerns, the CFPB can address them.


Comment On The Fhfa's Small Multifamily Subgoal, David J. Reiss, Jeffrey Lederman 2014 SelectedWorks

Comment On The Fhfa's Small Multifamily Subgoal, David J. Reiss, Jeffrey Lederman

David J Reiss

As the FHFA sets the housing goals for 2015-2017, it should focus on maximizing the creation and preservation of affordable housing. Less efficient proposed subgoals should be rejected unless the FHFA has explicitly identified a compelling rationale to adopt them. The FHFA has not identified one in the case of the proposed small multifamily subgoal. Thus, it should be withdrawn.


Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic, Kirby Mitchell 2014 University of Georgia School of Law

Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic, Kirby Mitchell

Georgia Journal of International & Comparative Law

No abstract provided.


Law In Ancient Egyptian Fiction, Russ VerSteeg 2014 University of Georgia School of Law

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.


Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon 2014 Pace University

Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon

Pace Law Faculty Publications

This article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. The article merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high ...


The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka 2014 Touro College Jacob D. Fuchsberg Law Center

The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka

Touro Law Review

No abstract provided.


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