Property Law and Real Estate Commons™
Open Access. Powered by Scholars. Published by Universities.™
66 Institutions 1,942 Full-Text Articles 1,256 Authors 406,831 Downloads
Recent Articles in Property Law and Real Estate
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi 
Touro College Jacob D. Fuchsberg Law Center
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
Property Before Property: Romanizing The English Law Of Land, Thomas J. McSweeney 
College of William & Mary Law School
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Property's Constitution, James Y. Stern College of William & Mary Law School
Property's Constitution, James Y. Stern
Faculty Publications
Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do ...
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey 
University of Maryland Francis King Carey School of Law
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey University of Maryland Francis King Carey School of Law
Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Puzzling Persistence Of Horizontal Privity, Michael Lewyn 
Touro College Jacob D. Fuchsberg Law Center
The Puzzling Persistence Of Horizontal Privity, Michael Lewyn
Michael E Lewyn
A discussion of the horizontal privity doctrine. Under this doctrine, restrictive covenants are binding upon future grantees only if the original parties to the covenant share some property interest outside the covenant- for example, if they are grantor and grantee of the same land, or if they are landlord and tenant. Although the doctrine has been often criticized by scholars, no recent court has rejected the privity requirement.
A Process Account Of The Endowment Effect: Voluntary Debiasing Through Agents And Markets, Jennifer Arlen, Stephan Tontrup 
NELLCO
A Process Account Of The Endowment Effect: Voluntary Debiasing Through Agents And Markets, Jennifer Arlen, Stephan Tontrup
New York University Public Law and Legal Theory Working Papers
We contest the loss aversion theory of the endowment effect, in which the effect depends on the status of endowment alone. Instead, we propose that the nature of the trading process determines whether people resist or accept an exchange by affecting the responsibility people feel for their choice. The more they feel responsible for the decision, the more they expect experiencing regret over a negative outcome. Aversion to regret causes people to resist a rational trade and exhibit the endowment effect. In a series of experiments, we analyze two institutions that alter the trading process and reduce perceived responsibility --agency ...
A Process Account Of The Endowment Effect: Voluntary Debiasing Through Agents And Markets, Jennifer Arlen, Stephan Tontrup NELLCO
A Process Account Of The Endowment Effect: Voluntary Debiasing Through Agents And Markets, Jennifer Arlen, Stephan Tontrup
New York University Law and Economics Working Papers
We contest the loss aversion theory of the endowment effect, in which the effect depends on the status of endowment alone. Instead, we propose that the nature of the trading process determines whether people resist or accept an exchange by affecting the responsibility people feel for their choice. The more they feel responsible for the decision, the more they expect experiencing regret over a negative outcome. Aversion to regret causes people to resist a rational trade and exhibit the endowment effect. In a series of experiments, we analyze two institutions that alter the trading process and reduce perceived responsibility --agency ...
Lis Pendens And Procedural Due Process, William B. Hanley 
Pepperdine University
Lis Pendens And Procedural Due Process, William B. Hanley
Pepperdine Law Review
No abstract provided.
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge Pepperdine University
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Pepperdine Law Review
No abstract provided.
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey Pepperdine University
Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey
Pepperdine Law Review
No abstract provided.
Current Condominium Practice Problems, John Paul Hanna Pepperdine University
Current Condominium Practice Problems, John Paul Hanna
Pepperdine Law Review
No abstract provided.
Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan III Pepperdine University
Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii
Pepperdine Law Review
No abstract provided.
Doppelganger Dilemma, Dominic Iannarella 
Seton Hall Law
A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena Seton Hall Law
A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena
Student Scholarship
No abstract provided.
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's “Pluralism And Perfectionism In Private Law”, Jedediah Purdy 
Duke Law
Some Pluralism About Pluralism: A Comment On Hanoch Dagan's “Pluralism And Perfectionism In Private Law”, Jedediah Purdy
Faculty Scholarship
No abstract provided.
Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley Pepperdine University
Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant Pepperdine University
Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Now Ucc Me, Now You Don't: The Massachusetts Supreme Judicial Court Ignores The Ucc In Requiring Unity Of Note And Mortgage For Foreclosure In Eaton V. Fannie Mae, Christopher Cifrino 
Boston College Law School
Now Ucc Me, Now You Don't: The Massachusetts Supreme Judicial Court Ignores The Ucc In Requiring Unity Of Note And Mortgage For Foreclosure In Eaton V. Fannie Mae, Christopher Cifrino
Boston College Law Review
On June 22, 2012, in Eaton v. Federal National Mortgage Association, the Supreme Judicial Court of Massachusetts upheld a trial court ruling and held that an entity must hold both note and mortgage in order to foreclose properly. Because this represented a significant shift in Massachusetts foreclosure law, the court applied its ruling only prospectively. To support its holding, the court relied on common law and statutory justifications. In so doing, the court did not address pertinent sections of the Uniform Commercial Code (UCC) that could have led to the same outcome. This Comment argues that examining the UCC in ...
Fixing Toxic Titles, Kermit J. Lind 
Cleveland State University
Fixing Toxic Titles, Kermit J. Lind
Kermit J. Lind
This is a presentation using a PowerPoint along with supplemental reading. I define the term "toxic title" and describe problems it causes to communities and individuals. Potential solutions and preventive actions are proposed.
Popular Institutions
Popular Authors
Roger Bernhardt
Golden Gate University School of Law
Eric Kades
College of William & Mary Law School
Eric Kades
College of William & Mary Law School
Gregory Alexander
Cornell Law Library
J. Byrne
Georgetown University Law Center
William Treanor
Georgetown University Law Center
David Dana
Northwestern University School of Law
Garrett Power
University of Maryland Francis King Carey School of Law
Jeffrey Stake
Maurer School of Law: Indiana University
Barbara Bezdek
University of Maryland Francis King Carey School of Law
Based on downloads this month
Popular Articles
Tell It Like It Is - Sellers' Duties Of Disclosure In Real Estate Transactions Under California Law
"Property" In The Constitution: The View From The Third Amendment
Taxation Of Covenants Not To Compete In The Sale Of A Business
Involuntary Conversions I.R.C. Section 1033
Fundamentos Del Derecho Procesal Civil
Present And Future Interests: A Graphic Explanation
Minimum Standard Of The Treatment Of Aliens
Based on downloads this month