University of Richmond
Seattle University School of Law
Minnesota State University, Mankato
William & Mary Law School
Singapore Management University
Vanderbilt University Law School
Washington & Lee University School of Law
University of Maryland Francis King Carey School of Law
Homeless Residency Restrictions,
2023
Arizona State University College of Law
Homeless Residency Restrictions, Ben A. Mcjunkin
West Virginia Law Review
Last year, the West Virginia House of Delegates introduced a radical proposal for responding to homelessness within the state: privately enforceable residency restrictions. As introduced, the restrictions prohibited homeless individuals from sheltering themselves, from being sheltered by others, or from receiving food or care within 1,500 feet of a school or childcare center. This prohibition was to operate statewide, transforming an issue that historically has been considered hyper-local into a subject of state concern. Moreover, the proposed bill established a private right of action for enforcement, legislating around the possibility of recalcitrant municipal governments declining to abide by the residency …
Testamentary Restrictions On Marriage: A Reexamination Of In Re Estate Of Feinberg In Light Of Obergefell V. Hodges,
2023
University of St. Thomas, Minnesota
Testamentary Restrictions On Marriage: A Reexamination Of In Re Estate Of Feinberg In Light Of Obergefell V. Hodges, Christian Poppe
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Cancer Alley: A Case Study Of Environmental Injustice And Solutions For Change,
2023
University of St. Thomas, Minnesota
Cancer Alley: A Case Study Of Environmental Injustice And Solutions For Change, Josephine Rosene
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
The Evolution Of The Uniform Simultaneous Death Act And Its Shortcomings,
2023
University of St. Thomas, Minnesota
The Evolution Of The Uniform Simultaneous Death Act And Its Shortcomings, Emily Gootzeit
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
The Problem Of Property: Looking Back To The 'Dark Ages' To Get Through The Dark Ages,
2023
University of St. Thomas, Minnesota
The Problem Of Property: Looking Back To The 'Dark Ages' To Get Through The Dark Ages, Lucas Clover Alcolea
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
How Is A Community Urban Garden Program Related To The Law? Analysis Of Hortas Cariocas (Rio De Janeiro, Brazil),
2023
University of St. Thomas, Minnesota
How Is A Community Urban Garden Program Related To The Law? Analysis Of Hortas Cariocas (Rio De Janeiro, Brazil), Felipe Jardim, Angela Moulin Simoes Penalva Santos, Dennis Eversberg, Emerson Moura
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Condominium Law: How Florida Must Continue To Adapt In The Wake Of The Champlain Towers South Collapse,
2023
University of Miami School of Law
Condominium Law: How Florida Must Continue To Adapt In The Wake Of The Champlain Towers South Collapse, Austin Price
University of Miami Law Review
Condominiums represent a large portion of the housing inventory throughout the state of Florida. However, until recently, the maintenance of condominium buildings was left largely unregulated in most areas of the state. Only two counties, Broward and Miami-Dade, had inspection protocols in place, but each was limited in scope and allowed for long periods between inspections. Beyond those regulations, Florida law also gave residents the power to waive reserves even for the most important building components. After the tragic events that took place at Champlain Towers South, the state of Florida made great strides in improving the existing procedures by …
Tahican, Llc V. Eighth Jud. Dist. Ct., 139 Nev. Adv. Op. 2 (Feb. 2, 2023),
2023
University of Nevada, Las Vegas -- William S. Boyd School of Law
Tahican, Llc V. Eighth Jud. Dist. Ct., 139 Nev. Adv. Op. 2 (Feb. 2, 2023), Josette Vanderlaan
Nevada Supreme Court Summaries
Under NRS 14.010(1), a party may record a lis pendens “[i]n an action . . . affecting the title or possession of real property.” A claim of fraudulent transfer of real property seeking avoidance of the transfer supports a lis pendens because the relief sought affects the title or possession of the real property. The recording party does not need to be entitled to title or possession of the property to support a lis pendens.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Property And Sovereignty In America: A History Of Title Registries & Jurisdictional Power,
2023
Georgetown University Law Center
Property And Sovereignty In America: A History Of Title Registries & Jurisdictional Power, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This Article tells an untold history of the American title registry—a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on its role in catalyzing property markets, while mostly ignoring their main sources in the colonies -- expropriated lands and enslaved people. This analysis centers the institution’s work of organizing and “proving” claims that were not only individual but collective, to affirm encroachments on tribal nations’ lands and scaffold colonies’ tenuous but growing political, jurisdictional power. In other words, American property and property …
Is “Touch And Concern” Dead In Arkansas?: A Recent Case And Its Implications For Real Covenants,
2023
University of Arkansas, Fayetteville
Is “Touch And Concern” Dead In Arkansas?: A Recent Case And Its Implications For Real Covenants, Bennett J. Waddell
Arkansas Law Review
Real covenants occupy a doctrinal abyss within property law. The subject perpetually frustrates first-year law students and legal scholars alike, as they confront concepts that appear esoteric and even anachronistic. Naturally, the criticism has been sharp, with commentators quipping that the field “is an unspeakable quagmire,” a “formidable wilderness,” and plainly “ridiculous.”
Rationing Access,
2023
Hebrew University of Jerusalem
Rationing Access, Roy Baharad, Gideon Parchomovsky
Faculty Scholarship at Penn Carey Law
Protection of common natural resources is one of the foremost challenges facing our society. Since Garrett Hardin published his immensely influential The Tragedy of the Commons, theorists have contemplated the best way to save common-pool resources—national parks, fisheries, heritage sites, and fragile ecosystems—from overuse and extinction. These efforts have given rise to three principal methods: private ownership, community governance, and use restrictions. In this Essay, we present a different solution to the commons problem that has eluded the attention of theorists: access rationing. Access rationing measures rely not only on restrictions on the number of users but also on …
The Afterlife Of Confederate Monuments,
2023
The Lyme Timber Company
The Afterlife Of Confederate Monuments, Jess Phelps, Jessica N. Owley
Indiana Law Journal
As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels—by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where laws …
Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help,
2023
Indiana University Maurer School of Law
Deals In The Heartland: Renewable Energy Projects, Local Resistance, And How Law Can Help, Christiana Ochoa
Articles by Maurer Faculty
Informed by original empirical research conducted in the Midwestern United States, this Article provides a rich and textured understanding of the rapidly emerging opposition to renewable energy projects. Beyond the Article’s urgent practical contributions, it also examines the importance of formalism and formality in contracts and complicates current understandings.
Rural communities in every windblown and sun-drenched region of the United States are enmeshed in legal, political, and social conflicts related to the country’s rapid transition to renewable energy. Organized local opposition has foreclosed millions of acres from renewable energy development, impeding national and state-level commitments to achieving renewable energy targets …
Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market,
2022
Center for Indonesian Financial And Economic Law Studies
Liability Rule Practices Amidst The Property Rule Of Indonesian Capital Market, Adiwarman Adiwarman
Indonesia Law Review
Shareholder protection is the most important legal issue in capital market law. Conflict of interest is one of the corporate actions in the capital market. The property rule requires independent shareholders’ approval for conflicts of interest transactions. The property rule paradigm empowers independent shareholders in the company’s decision-making process. In practice, listed companies violate the property rule and are subject to sanctions, but the rights of shareholders will be reduced due to fines imposed by the capital market authorities. A normative method is used to answer the problem of how does Indonesia enforce the conflict of interest rule in order …
Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law,
2022
University of Cincinnati College of Law
Evaluating The Pro Se Plight: A Comprehensive Review Of Access To Justice Initiatives In Ohio Landlord-Tenant Law, Caleigh M. Harris
University of Cincinnati Law Review
No abstract provided.
Note: City Of Oakland V. Wells Fargo Co.: Examining The Proximate Cause Standard Under The Fair Housing Act,
2022
Golden Gate University School of Law
Note: City Of Oakland V. Wells Fargo Co.: Examining The Proximate Cause Standard Under The Fair Housing Act, Ava Lau-Silveira
Golden Gate University Law Review
The Financial Services Modernization Act of 1999 partially deregulated the financial industry under the premise of helping “everyone attain the American dream of home ownership.” In 1999, the “Fannie Mae” made subprime mortgage loans readily accessible to those who normally would not qualify. People in Oakland, who “used to find it difficult to obtain mortgages,” were suddenly able to obtain mortgage loans, but with subprime terms, which started with low monthly payments, but would increase based on changes in the market interest rates. By 2008, subprime borrowers began defaulting on their loans at an unprecedented rate.
During the 2008 mortgage …
