O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, 2018 University of Maine School of Law
O'Donovan V. Mcintosh: Changing The Contours Of Maine's Easement Law, Michael J. Polak
Maine Law Review
In O'Donovan v. McIntosh, a real estate developer, Timothy O'Donovan, brought an action seeking, in part, a declaratory judgment concerning the transferability of an easement that he purchased from the defendant, John A. McIntosh, Jr. O'Donovan and McIntosh subsequently filed a joint motion for partial summary judgment to obtain a ruling that would affirm the assignability of the easement in question. Susan Huggins, the owner of the servient estate upon which the easement in question imposed, objected to this motion as a third party defendant. She filed a cross-motion for summary judgment maintaining that the easement in ...
The Law Of Taking Elsewhere And, One Suspects, In Maine, 2018 University of Maine School of Law
The Law Of Taking Elsewhere And, One Suspects, In Maine, Orlando E. Delogu
Maine Law Review
The debate as to the meaning of the Taking Clause in the Fifth Amendment of the United States Constitution seems unending. This short, almost cryptic constitutional provision, “nor shall private property be taken for public use, without just compensation,” has over the years given rise to both court challenges and philosophic debate aimed at parsing out the meaning and parameters of this language. As the need for regulatory controls (imposed by every level of government) has increased, the number of challenges and the stridency of the debate has also increased. Moreover, these challenges have increasingly found their way to the ...
When Should Rights "Trump"? An Examination Of Speech And Property, 2018 University of Maine School of Law
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
Maine Law Review
In his well-known article, Property, Speech, and the Politics of Distrust, Professor Richard Epstein—a leading contemporary voice in the fields of property theory and constitutional law—makes a simple but compelling argument. There has been, he argues, a mistake in “the dominant mode of thinking about property rights during the past fifty years [that] has been ... of constitutional dimensions.” This mistake, in Professor Epstein's view, is the refusal of the federal courts to accord to individual property rights the same kind of protection from government regulation that is accorded to other constitutional rights. Using free speech as his ...
Life In No Trump: Property And Speech Under The Constitution, 2018 University of Maine School of Law
Life In No Trump: Property And Speech Under The Constitution, Richard A. Esptein
Maine Law Review
The editors of the Maine Law Review have been kind enough to offer me the opportunity to respond to Laura Underkuffler's criticism of my work in her recent Godfrey Lecture, “When Should Rights ‘Trump’? An Examination of Speech and Property,” which appears in the preceding issue. In my earlier writings on constitutional law, more specifically, in my paper, Property, Speech and the Politics of Distrust, I took the position that modern Supreme Court jurisprudence had taken a turn for the worse insofar as it used different standards of review in passing on the constitutionality of legislation. The current position ...
Tax Increment Financing In Maine, 2018 University of Maine School of Law
Tax Increment Financing In Maine, Michael G. Walker
Maine Law Review
Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining ...
No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, 2018 University of Maine School of Law
No Need For Cities To Despair After Bank Of America Corporation V. City Of Miami: How Patent Law Can Assist In Proving Predatory Loans Directly Cause Municipal Blight Under The Fair Housing Act, Jesse D.H. Snyder
Maine Law Review
Lack of sanguinity for cities was manifest after the Supreme Court’s May 1, 2017, opinion in Bank of America Corporation v. City of Miami. Although Bank of America recognized that cities have Article III standing to sue for economic injuries suffered from predatory lending, the Supreme Court rejected the Eleventh Circuit’s more lenient causation standard, favoring proof of “some direct relation between the injury asserted and the injurious conduct alleged.” Doubtless the result could have been worse for cities suing on the premise that racially discriminatory lending caused municipal blight. The courthouse doors could have closed if the ...
Building On The Tiny House Movement: A Viable Solution To Meet Affordable Housing Needs, 2018 University of St. Thomas, Minnesota
Building On The Tiny House Movement: A Viable Solution To Meet Affordable Housing Needs, Emily Keable
University of St. Thomas Journal of Law and Public Policy
No abstract provided.
Conditions Of Personhood And Property, 2018 The Graduate Center, City University of New York
Conditions Of Personhood And Property, Zachary James Acree
All Dissertations, Theses, and Capstone Projects
This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes ...
Sfr Inv.'S Pool 1, Llc V. First Horizon Home Loans, 134 Nev. Adv. Op. 4 (Feb. 1, 2018), 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law
Sfr Inv.'S Pool 1, Llc V. First Horizon Home Loans, 134 Nev. Adv. Op. 4 (Feb. 1, 2018), Brendan Mcleod
Nevada Supreme Court Summaries
The Court determined that, under provisions of NRS 116.31162, when an HOA records a notice of a foreclosure sale, any subsequent buyer who purchases the property is subject to that notice that a foreclosure may be imminent.
The Administrative Procedure Act And How The “Final Rule” Designation Allows Agencies To Perpetuate Harm By Failing To Act, 2018 Boston College Law School
The Administrative Procedure Act And How The “Final Rule” Designation Allows Agencies To Perpetuate Harm By Failing To Act, Julia Eaton
Boston College Environmental Affairs Law Review
In order to preserve the historic authenticity of Alexander Hamilton’s only home, concerned citizens, community groups, and the National Park Service (NPS) created a plan to move Hamilton’s Home. The Friends of Hamilton Grange (“Friends”) were created to assist the NPS in that process. The Friends never filed official paperwork to become an official “friends group” of the NPS. After years of planning, the NPS approved plans for Hamilton’s home that conflicted with the interests of the Friends. The Friends claimed that the NPS did not properly consult with them throughout the planning process and the undeveloped ...
Non-Enforcement Takings, 2018 Texas A&M University School of Law
Non-Enforcement Takings, Timothy M. Mulvaney
Boston College Law Review
The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution’s Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same “fairness and justice” grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even ...
Disseisin, Doubt, And Debate: Adverse Possession Scholarship In The United States (1881-1986), 2018 Texas A&M University School of Law
Disseisin, Doubt, And Debate: Adverse Possession Scholarship In The United States (1881-1986), John Lovett
Texas A&M Law Review
Property law scholars in the United States have discussed the doctrine of adverse possession for more than a century. Indeed, ever since American property law scholars began to write property law treatises, formalize property law courses in modern law schools, publish property specific articles in law reviews, and publish property law case books, adverse possession has served as a staple of property law discourse. This Article examines how property law scholars think about and discuss adverse possession. It explores how adverse possession talk has changed—and not changed—over time. In other words, this Article examines both the substance and ...
Hb 1 - Space Flight, 2018 Georgia State University College of Law
Hb 1 - Space Flight, Malissa Caroline Barger, Ethan L. Smith
Georgia State University Law Review
The Act limits the civil and criminal liability of a space flight entity for injuries sustained by space flight participants arising from ordinary negligence. The Act defines new terms and provides a statutory waiver form that participants with informed consent must sign. The Act mandates space flight participants sign the waiver before participating in any space flight activity. The Act does not limit the liability of space flight entities for gross negligence or intentional acts, nor does it prevent suits from anyone other than the space flight participant.
Hb 434 - Eminent Domain, 2018 Georgia State University College of Law
Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn
Georgia State University Law Review
The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 ...
Israel's Absentee Property Law: When Is Democratic Failure Necessary?, 2018 Claremont McKenna College
Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith
CMC Senior Theses
This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to ...
When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, 2018 Allard School of Law at the University of British Columbia
When Deciding Whether To Allow A Taking Of Property We Need To Ask What We Want Property Rights To Do, Douglas C. Harris
In recognition of the dangers inherent to a regime that enables a majority of owners to terminate the individual property interests of a dissenting minority, the Strata Property Act requires that strata corporations secure court confirmation of dissolution votes. Not surprisingly, the shift to a lower dissolution threshold, the rapidly rising land values in British Columbia’s urban centres, and the increased costs of maintaining aging buildings, have precipitated a growing number of dissolution votes and a steady flow of applications to the British Columbia Supreme Court (BCSC) to confirm the votes.
The "Publicization" Of Private Space, 2018 University of Maine School of Law
The "Publicization" Of Private Space, Sarah B. Schindler
Recently, many urban areas have moved away from the creation of publicly owned open spaces and toward privately owned public open spaces, or POPOS. These POPOS take many forms: concrete plazas that separate a building from the sidewalk; glass-windowed atriums in downtown office buildings; rooftop terraces and gardens; and grass-covered spaces that appear to be traditional parks. This Article considers the nature of POPOS and examines whether they live up to expectations about the role that public space should play and the value it should provide to communities. This is especially important because in embracing POPOS, cities have made a ...
Historic Preservation Law In A Nutshell (2d Ed.), 2017 University of Connecticut
Historic Preservation Law In A Nutshell (2d Ed.), Sara C. Bronin, Ryan M. Rowberry
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, 2017 Faulkner University
Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam Macleod
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, 2017 Rochester Institute of Technology
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...