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Consumption Property In The Sharing Economy, Shelly Kreiczer-Levy 2016 Pepperdine University

Consumption Property In The Sharing Economy, Shelly Kreiczer-Levy

Pepperdine Law Review

Various doctrines from different areas of the law provide special legal protection for property that is produced and used for personal use, creating the legal category of "consumption property." Zoning, criminal procedure, discrimination, foreclosure and bankruptcy, taxes and eminent domain all treat property for consumption differently than commercial property. Recently, a new social phenomenon known as the sharing economy allows owners to rent out personal assets such as a room in their home, their private car, a bicycle, and even pets. The sharing economy challenges the foundational distinction between privately used property and commercial property and leads to fragmentation of ...


Jurisdiction, Choice Of Law And Property, Daniel M. Klerman 2016 USC Law School

Jurisdiction, Choice Of Law And Property, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Jurisdiction and choice of law in property disputes has been remarkably stable. The situs rule, which requires adjudication where the property is located and application of that state’s law, remains the norm in most of the world. This article is the first to apply modern economic analysis to choice of law and jurisdiction in property disputes. It largely confirms the wisdom of the situs rule, but suggests some situations where other rules may be superior. For example, in disputes about stolen art, the state where the work was last undisputedly owned may be both the most efficient forum and ...


Taking The Oceanfront Lot, Josh Eagle 2016 University of South Carolina

Taking The Oceanfront Lot, Josh Eagle

Josh Eagle

Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the ...


Aggregate Alienability, Luke Meier, Rory Ryan 2016 Villanova University School of Law

Aggregate Alienability, Luke Meier, Rory Ryan

Villanova Law Review

No abstract provided.


Foiled By The Banks? How A Lender's Decision May Support Or Undermine A Jurisdiction's Environmental Policies That Promote Green Buildings, Darren Prum, Darren Prum 2015 The Florida State University

Foiled By The Banks? How A Lender's Decision May Support Or Undermine A Jurisdiction's Environmental Policies That Promote Green Buildings, Darren Prum, Darren Prum

Darren A. Prum

In a report from the United Nations Environmental Program that addressed climate change, the authors point out that the built environment in both emerging and developed countries accounts for more than forty percent of the global energy usage while also emitting at least one third of the world’s greenhouse gasses. They further assert that the built environment offers an unsurpassed opportunity to supply cost effective, lasting, and meaningful reductions in greenhouse gas emissions. In response to such a call to action, many state and local governments turned to a variety of policies to ensure that the real estate developments ...


Takings In The “Sharing Economy", Timothy M Mulvaney 2015

Takings In The “Sharing Economy", Timothy M Mulvaney

Timothy M. Mulvaney

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Legislative Exactions And Progressive Property (Forthcoming), Timothy M Mulvaney 2015

Legislative Exactions And Progressive Property (Forthcoming), Timothy M Mulvaney

Timothy M. Mulvaney

Exactions — a term used to describe certain conditions that are attached to land-use permits issued at the government’s discretion — ostensibly oblige property owners to internalize the costs of the expected infrastructural, environmental, and social harms resulting from development. This Article explores how proponents of progressive conceptions of property might respond to the open question of whether legislative exactions should be subject to the same level of judicial scrutiny to which administrative exactions are subject in constitutional takings cases. It identifies several first-order reasons to support the idea of immunizing legislative exactions from heightened takings scrutiny. However, it suggests that ...


Takings In The “Sharing Economy", Timothy M Mulvaney 2015

Takings In The “Sharing Economy", Timothy M Mulvaney

Timothy M. Mulvaney

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Reforming The Action For Breach Of Statutory Duty In The 21st Century: Reconsidering The “Section Of The Public” Rule, Neil J Foster 2015

Reforming The Action For Breach Of Statutory Duty In The 21st Century: Reconsidering The “Section Of The Public” Rule, Neil J Foster

Neil J Foster

The common law action for breach of statutory duty allows an intersection between private law and systems of public regulation, by allowing an individual to sue where rights created by statute have been infringed. One of the most controversial elements of the action, however, is the requirement that the relevant legislation protect a “section of the public”, and not the public at large. This paper explores the origins and nature of this rule, and suggests that it may be time to abolish this requirement as a part of the tort action 


Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco 2015 Universidad San Marcos

Incoherencias Y Vacíos En La Sentencia Del Vii Pleno Casatorio, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson 2015 Alexander Blewett III School of Law at the University of Montana

Agdaagux Tribe Of King Cove V. Jewell, Taylor R. Thompson

Public Land and Resources Law Review

In a lengthy opinion by the Alaska District Court, the battle for a proposed medical emergency road through the Izembek National Refuge stalled. The court held that the Department of the Interior’s No Action Alternative blocked the construction of the road was decided in accordance within the Department’s authority. It is not the end of the battle over the road, as the court alluded that Congress may be able to change this decision.


The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. McCarthy 2015 University of Georgia School of Law

The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy

Georgia Journal of International & Comparative Law

No abstract provided.


Solar Rights In The United States, Sara C. Bronin 2015 University of Connecticut

Solar Rights In The United States, Sara C. Bronin

Sara C. Bronin

Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation ...


Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone 2015 University of Delaware

Public Trust Doctrine Implications Of Electricity Production, Lance Noel, Jeremy Firestone

Michigan Journal of Environmental & Administrative Law

The public trust doctrine is a powerful legal tool in property law that requires the sovereign, as a trustee, to protect and manage natural resources. Historically, the public trust doctrine has been used in relationship to navigable waterways and wildlife management. Despite electricity production’s impact on those two areas and the comparatively smaller impacts of renewable energy, electricity production has garnered very little public trust doctrine attention. This Article examines how electricity production implicates the public trust doctrine, primarily through the lens of four states—California, Wisconsin, Hawaii, and New Jersey—and how it would potentially apply to each ...


Keepings, Donald J. Kochan 2015

Keepings, Donald J. Kochan

Donald J. Kochan

Individuals usually prefer to keep what they own; property law develops around that assumption. Alternatively stated, we prefer to choose whether and how to part with what we own. Just as we hold affection and attachment for our memories, captured in the lyrics of the George Gershwin classic, so too do most individuals adopt a “they can’t take that away from me” approach to property ownership.

We often focus on the means of acquisition or transfer in property law. We look less often at the legal rules that support one’s ability to keep what one owns. Yet, it ...


Liberty At The Borders Of Private Law, Donald J. Smythe 2015 California Western School of Law

Liberty At The Borders Of Private Law, Donald J. Smythe

Akron Law Review

No abstract provided.


Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle 2015 Mitchell Hamline School of Law

Todds: A Transfer On Death Dilemma? A Comprehensive Analysis Of Minnesota’S Transfer On Death Deed Statute—Minn. Stat. § 507.071, Keriann L. Riehle

Journal of Law and Practice

No abstract provided.


What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser 2015 College of William & Mary Law School

What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser

William & Mary Environmental Law and Policy Review

In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court ...


Submission To Review Of The Retail Shop Leases Act 2994 (Qld), Tammy Johnson 2015 Bond University

Submission To Review Of The Retail Shop Leases Act 2994 (Qld), Tammy Johnson

Tammy Johnson

No abstract provided.


Grounding Land Reform: Toward A Market-Compatible Approach To Land Reform, Shelley Cavalieri 2015 St. John's University School of Law

Grounding Land Reform: Toward A Market-Compatible Approach To Land Reform, Shelley Cavalieri

St. John's Law Review

No abstract provided.


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