Property Law and Real Estate Commons^™

Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust, S. I. Strong

Faculty Publications

With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to what extent a mandatory arbitration provision found in a trust will be considered enforceable by a court. Up until now, most commentary in this area of law has focused on purely jurisprudential issues, with little attention being paid to the practical efforts that settlors can make to increase the enforceability of arbitration provisions found in trusts. This Article takes …

Comentario A " An Introduction To Property Theory", By Gregory Alexander - Eduardo Penalver, Críspulo Marmolejo

Críspulo Marmolejo

No abstract provided.

The Due Process Rights Of Residential Tenants In Mortgage Foreclosure Cases., Henry Rose

Henry Rose

No abstract provided.

Wall Street Rules Applied To Remic Classification, Bradley T. Borden, David Reiss

Bradley T. Borden

Investors in mortgage-backed securities, built on the shoulders of the tax-advantaged Real Estate Mortgage Investment Conduit (“REMIC”), may be facing extraordinary tax losses because of how bankers and lawyers structured these securities. This calamity is compounded by the fact that those professional advisors should have known that the REMICs they created were flawed from the start. If these losses are realized, those professionals will face suits for damages so large that they could put them out of business.

The original paper is available at: http://newsandinsight.thomsonreuters.com/New_York/Insight/2012/09_-_September/Wall_Street_Rules_Applied_to_REMIC_Classification/.

Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School

Brigham-Kanner Property Rights Journal

Comparative Property Rights

October 14-15, 2011

Panel 1: Legal Protection of Property Rights: A Comparative Look

Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions

Panel 3: Property as an Instrument of Social Policy

Panel 4: Culture and Property

Panel 5: Property as an Economic Institution

Panel 6: Property Rights and the Environment

Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll

BYU Law Review

No abstract provided.

Informal Institutions And Property Rights, Lan Cao

Faculty Publications

No abstract provided.

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common …

Delinquent And Non-Entered Lands And Due Process, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

Property Rights For Natural Resources Management In Indonesia: Have They Been Ruled Unconstitutional?, Sarah Waddell

Indonesia Law Review

A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3)) introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights …

When Disabled Homeowners Lose Their Homes For A Pittance In Unpaid Property Taxes: Some Lessons From In Re Mary Lowe, Bary Sullivan

Barry Sullivan

No abstract provided.

Fraud Is Fun: Or How A Foreclosure Rescue Scam Changed My Life, Peter A. Holland

Peter A. Holland

No abstract provided.

"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rights To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand

Rashmi Dyal-Chand

The purpose of this Essay is to summarize and reflect upon the second panel discussion at the Third Annual Brigham-Kanner Property Rights Conference at William & Mary School of Law, October 6-7, 2006. The panel was entitled "Comparing the Treatment of Property Rights to the Protections Given to Other Rights Under the Bill of Rights." As described by Professor Eric Kades, the organizer of the conference, the panel's topic was inspired by a statement by Justice Rehnquist in the case of Dolan v. City of Tigard: "We see no reason why the Takings Clause of the Fifth Amendment, as much …

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Buffalo Law Review

No abstract provided.

Book Review: Who Owns The Moon?: Extraterrestrial Aspects Of Land And Mineral Resources Ownership, F. Tim Knight

Librarian Publications & Presentations

This is a review of Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership by Virgiliu Pop (ISBN: 978-1-4020-9134-6)

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.

Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon

Siyuan CHEN

No abstract provided.

Dreaming In Chinese: Accountable Development, Barbara L. Bezdek

Barbara L Bezdek

Economic life in the PRC today is marked by rapid privatization, marketization, and urbanization. This triad of forces effects a profound restructuring of China's urban spaces and is giving rise to new forms of private, voluntary associations of citizens such as neighborhood campaigns of resistance to urban redevelopment. Civil society theory ascribes to such organizations outside of state control, the potential to constrain government officials by enabling citizens to express their collective interests more effectively, and to resist government encroachment more powerfully than they otherwise could. Because resort to China's courts has produced little protection for citizens' formal legal rights …