El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi,
2011
SelectedWorks
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration,
2011
William & Mary Law School
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.
The Path Out Of Washington's Takings Quagmire: The Case For Adopting The Federal Takings Analysis,
2011
University of Washington School of Law
The Path Out Of Washington's Takings Quagmire: The Case For Adopting The Federal Takings Analysis, Roger D. Wynne
Washington Law Review
A quagmire awaits anyone attempting to understand the analysis Washington courts employ to determine whether government action constitutes a “taking” of property for which compensation is due under the U.S. Constitution. The Washington takings analysis is complex and confounding, especially when compared to the relatively straightforward takings analysis established by the U.S. Supreme Court. This Article argues that the Washington State Supreme Court should reject the Washington takings analysis and adopt the federal analysis. Comparing the federal and Washington analyses underscores how, as a matter of form, the Washington analysis easily stymies those who must work with it. Substantively, the …
The Path Out Of Washington's Takings Quagmire: The Case For Adopting The Federal Takings Analysis,
2011
University of Washington School of Law
The Path Out Of Washington's Takings Quagmire: The Case For Adopting The Federal Takings Analysis, Roger D. Wynne
Washington Law Review
A quagmire awaits anyone attempting to understand the analysis Washington courts employ to determine whether government action constitutes a “taking” of property for which compensation is due under the U.S. Constitution. The Washington takings analysis is complex and confounding, especially when compared to the relatively straightforward takings analysis established by the U.S. Supreme Court. This Article argues that the Washington State Supreme Court should reject the Washington takings analysis and adopt the federal analysis. Comparing the federal and Washington analyses underscores how, as a matter of form, the Washington analysis easily stymies those who must work with it. Substantively, the …
Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation,
2011
Boston College Law School
Virtual Takings: The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons
Daniel Lyons
“Net neutrality” refers to the principle that broadband providers should not limit the content and applications available over the Internet. Long a rallying cry of techies and academics, it has become one of the central pillars of the Obama Administration’s telecommunications policy. The Federal Communications Commission’s efforts to regulate the “onramp to the Internet” have attracted significant attention from the telecommunications industry and the academic community, which have debated whether the proposed restrictions violate broadband providers’ First Amendment rights. But there is an additional constitutional implication of net neutrality that has not yet been sufficiently addressed in the scholarly literature: …
Solar Rights For Texas Property Owners,
2011
University of Connecticut School of Law
Solar Rights For Texas Property Owners, Sara Bronin
Faculty Articles and Papers
In response to Jamie France's note, "A Proposed Solar Access Law for the State of Texas," Professor Bronin urges future commentators to focus on three additional areas of inquiry related to proposed solar rights regimes. Bronin argues that such proposals would be strengthened by discussion of potential legal challenges to the proposals, related political issues, and renewable energy microgrids.Ms. France’s proposal for the State of Texas includes the elimination of preexisting private property restrictions that negatively affect solar access. Bronin argues that this proposal would be strengthened by a discussion of potential challenges under federal and state takings clauses. Additionally, …
Series Llcs In Real Estate Transactions,
2011
Brooklyn Law School
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Faculty Scholarship
No abstract provided.
New Mexico’S Major Reservoirs: An Overview,
2011
University of New Mexico
New Mexico’S Major Reservoirs: An Overview, Susan Kelly, Diego Urbina
Water Matters!
This paper describes the salient facts about the major water storage reservoirs in New Mexico. For each reservoir, we address the purposes of water storage allowed by law, storage capacity, the responsible operating agency, and some key operational issues. This is by necessity a vast simplification of the topic.Books, articles, research reports, operation manuals, and other materials on these topics run into the hundreds. Millions of dollars have been spent on technical studies and computer models to understand,and sometimes alter, the operations of various dams and reservoirs.
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection,
2011
New York Law School
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold
Articles & Chapters
For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.
As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …
The Great American Housing Bubble : The Road To Collapse,
2011
University of Denver
The Great American Housing Bubble : The Road To Collapse, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
In the aftermath of the American housing collapse in 2008, many ask why. The Great American Housing Bubble: The Road to Collapse asks a different and more fundamental question - how the bubble was created in the first place. To answer that question, it examines the causes, both political and economic, of the American housing bubble created between 1940 and 2007. Those causes encompass everything from federal income tax subsidies for housing to local exclusionary policies, banking, accounting, real estate appraisal, and credit agency rating practices and policies. The book also takes into account the impact of greed, government regulation, …
The World Of Deadwood: Property Rights And The Search For Human Identity,
2011
Campbell University School of Law
The World Of Deadwood: Property Rights And The Search For Human Identity, Michael B. Kent Jr.
Scholarly Works
The year is 1876. Gold has been discovered in the fledgling camp of Deadwood, bringing hordes of new arrivals each day seeking to strike it rich. The allure of wealth is coupled with the allure of complete autonomy. There is no law. Although part of the United States, Deadwood is unaffiliated with any existing territorial government. It is free. Or is it? From this backdrop, HBO’s highly-acclaimed drama Deadwood springs forth. Series creator David Milch is frank about his mission behind the story: to explore how order arises from chaos. The assignment and protection of property rights play central roles …
Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System,
2011
University of Oklahoma College of Law
Introduction To The Iachr Report On Indigenous And Tribal Peoples' Rights Over Their Ancestral Lands And Natural Resources: Norms And Jurisprudence Of The Inter-American Human Rights System, Taiawagi Helton
American Indian Law Review
No abstract provided.
This Land Is Your Land, This Land Is My Land? Why The Cobell Settlement Will Not Resolve Indian Land Fractionation,
2011
University of Oklahoma College of Law
This Land Is Your Land, This Land Is My Land? Why The Cobell Settlement Will Not Resolve Indian Land Fractionation, Jered T. Davidson
American Indian Law Review
No abstract provided.
Paying For The Past: Addressing Past Property Violations In South Africa,
2011
IIT Chicago-Kent College of Law
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid,
2011
IIT Chicago-Kent College of Law
South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Property Rights And The Demands Of Transformation,
2011
IIT Chicago-Kent College of Law
Property Rights And The Demands Of Transformation, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Origins Of The Social Function Of Property In Chile,
2011
Florida International University College of Law
Origins Of The Social Function Of Property In Chile, M C. Mirow
Faculty Publications
In 1925, Chile was one of the first countries in Latin America to adopt a social-function limitation on property. This study traces the importance of Duguit’s work in the construction of the property provisions of the Chilean Constitution of 1925. This contribution notes the shift from the earlier expressions of property as an absolute right, as found in the Constitution of 1833, to the language of the Constitution of 1925 that submits property to “the maintenance and progress of the social order.” It tracks the debates in the drafting committees to expose the various concepts of property open to the …
“I Coulda Been A Contender”: Lost Profits After A Contract Breach,
2011
Golden Gate University School of Law
“I Coulda Been A Contender”: Lost Profits After A Contract Breach, Roger Bernhardt
Publications
This article forewarns litigators and transactionalists of the potential pitfalls regarding lost profits where a seller breaches a contract ti convey property. Considerations cover the various stages of a purchase agreement from negotiating the deal, conducting litigation, and introducing evidence.
New Ccp §580e: Deficiency Protection For Certain Short Sales,
2011
Golden Gate University School of Law
New Ccp §580e: Deficiency Protection For Certain Short Sales, Roger Bernhardt
Publications
This article discusses the addition of CCP 580e to the current antideficiency statutes, the kinds of borrowers protected and lenders affected. The article coves the new 580e exceptions and the protection it provides in short sales.
The Social Function Of Property And The Human Capacity To Flourish,
2011
Golden Gate University School of Law
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
Publications
This Article offers suggestions about the appropriate definition of the five words "the social function of property"-so pregnant with meaning and promise, yet for many so ill defined. Although the Article does not address the development of the notion of the social function of property within a particular national tradition or experience, it makes reference to a wide range (with respect both to location and type of property) of examples from across Latin America and the Caribbean. In doing so, the Article seeks to do three things. First, it makes the normative case that "the social function of property" can …
