Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons

Open Access. Powered by Scholars. Published by Universities.®

5213 Full-Text Articles 3285 Authors 2080676 Downloads 133 Institutions

All Articles in Property Law and Real Estate

Faceted Search

5213 full-text articles. Page 4 of 97.

The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber 2017 La Salle University

The Civil Asset Forfeiture Program An Analysis Of The Actual Use, Racial Subjectivity, And Unfairness To Lower Earning Individuals, Nicholas Schieber

Economic Crime Forensics Capstones

Being able to seize property without a criminal conviction has become a hot button topic in periodical and academic papers. The Civil Asset Forfeiture program gave law enforcement the ability to seize “guilty” property, which can be defined as contraband, proceeds from criminal activity, or tools and instrumentalities used in the commission of a crime, without a criminal conviction on the part of the owner. Numerous academic authors and journalists have called for reform, racial unfairness, and targeting of lower earning communities. However, the majority of data regarding the Civil Asset Forfeiture program is qualitative in nature with few quantitative ...


Inclusionary Takings Legislation, Gerald Dickinson 2017 Villanova University Charles Widger School of Law

Inclusionary Takings Legislation, Gerald Dickinson

Villanova Law Review

No abstract provided.


Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez 2017 Barry University School of Law

Riparian Rights In A Polluted World: Property Right Or Tort?, Daniel P. Fernandez

Barry Law Review

No abstract provided.


Indirect Sovereignty Through Property Rights, Andreas Rahmatian 2017 Notre Dame Law School

Indirect Sovereignty Through Property Rights, Andreas Rahmatian

Notre Dame Journal of International & Comparative Law

The careful distinction between property and sovereignty is a central part of legal thought from the early modern period onwards. But the reality shows that this division is socioeconomically not that clear. Property rights are rights against persons in relation to things, but effectively they can be rights over people in relation to resources and space—notional, conceptual, or real. Examples of this general trend are the international financial system and international intellectual property protection. If one looks at international commercial and banking law and the corresponding regulations, one realizes that the classical understanding of sovereignty in political philosophy and ...


Why Cyclicality Matters To Access To Mortgage Credit, Patricia A. McCoy, Susan M. Wachter 2017 Boston College Law School

Why Cyclicality Matters To Access To Mortgage Credit, Patricia A. Mccoy, Susan M. Wachter

Boston College Law School Faculty Papers

Virtually no attention has been paid to the problem of cyclicality in debates over access to mortgage credit, despite its importance as a driver of tight credit. Housing markets are prone to booms accompanied by bubbles in mortgage credit in which lenders cut underwriting standards, leading to elevated loan defaults. During downturns, these cycles artificially impede access to mortgage credit for underserved communities. During upswings, these cycles make homeownership unnecessarily precarious for many who attain it. This volatility exacerbates wealth and income disparities by ethnicity and race. The boom-bust cycle must be addressed in order to assure healthy and sustainable ...


Has The Mortgage Pendulum Swung Too Far? Reviving Access To Mortgage Credit, Patricia A. McCoy 2017 Boston College Law School

Has The Mortgage Pendulum Swung Too Far? Reviving Access To Mortgage Credit, Patricia A. Mccoy

Boston College Law School Faculty Papers

In the wake of the financial crisis, mortgage lending to lower-income and minority borrowers overcorrected and has not recovered. Although homeownership is a riskier investment than previously realized, still it remains a proven path to increased wealth on balance for lower-income households. There are a number of reasonable reforms that could achieve greater access to credit while containing default risk. These include strategies to reduce down payments safely and to keep monthly payments manageable, combined with fixed-rate loans. Prepurchase counseling is important to preparing applicants for the financial demands of homeownership and strengthening their credit histories, while rapid foreclosure prevention ...


The Essential Structure Of Property Law, James Y. Stern 2017 William & Mary Law School

The Essential Structure Of Property Law, James Y. Stern

Michigan Law Review

This Article examines a characteristic of property entitlements fundamental to the structure of property systems that has received scant academic attention, a characteristic referred to as the mutual exclusivity principle. According to this principle, a property system does not allow for the existence of incompatible rights. Two people cannot separately be the owners of the same resource, for instance. By contrast, two people can each hold valid but contradictory contract rights to the resource. Although the existing property literature has stressed the “exclusive” nature of property, the various ways in which property is imagined to be exclusive, such as by ...


Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes 2017 College of William & Mary Law School

Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes

William & Mary Law Review

Acquiring property is a central part of the modern American vision of the good life. The assumption that accruing more land or chattels will make us better off is so central to the contemporary preoccupation with acquisition that it typically goes without saying. Yet an increasing body of evidence from psychologists and economists who study hedonics—the science of happiness—yields the surprising conclusion that getting and having property does not actually increase our subjective well-being. In fact, it might even decrease it. While scholars have integrated the insights of hedonics into other areas of law, no scholarship has yet ...


I Share, Therefore It's Mine, Donald J. Kochan 2017 Chapman University School of Law

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh 2017 University of Windsor, Faculty of Law

Policy Comment: Proposals For Ontario's Solar Future, Rashin Alizadeh

Western Journal of Legal Studies

In Ontario, the protection of solar energy is both complicated and limited. In order to take advantage of evolving greener energy sources, and reduce our contribution to global warming, Ontario must better protect solar energy use and solar energy investments. This commentary evaluates the incentives for extending the use of solar technology as part of the Green Energy Act, 2009, SO 2009. The analysis focuses on the relationship between the provincial and municipal governments as it relates to the green energy industry, and the level of public engagement and awareness that is being achieved. Reform to municipal zoning bylaws are ...


Resolución De Compraventa Y Restitución De Inmueble.Pdf, Alan A. Pasco Arauco 2017 Universidad San Marcos

Resolución De Compraventa Y Restitución De Inmueble.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Mejor Derecho De Propiedad Sobre Aires Sin Incluir Construcción.Pdf, Alan A. Pasco Arauco 2017 Universidad San Marcos

Mejor Derecho De Propiedad Sobre Aires Sin Incluir Construcción.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Fishing, Fowling, And Dockominiums: Maine's Need For A New Approach To Public And Private Intertidal Rights, Agnieszka A. Pinette 2017 University of Maine School of Law

Fishing, Fowling, And Dockominiums: Maine's Need For A New Approach To Public And Private Intertidal Rights, Agnieszka A. Pinette

Maine Law Review

In the sixteenth century, Queen Elizabeth recognized the public’s inalienable right to the sea. Despite the intuitive concept embodied in the Queen’s pronouncement, a centuries-old debate over the public’s right to the seashore continues to occupy the attention of Maine’s bar and bench. In 2011, for example, the Supreme Judicial Court of Maine, sitting as the Law Court, handed down a decision that maintains Maine’s prevailing judicial analytical framework for resolving property disputes in the intertidal zone. In McGarvey v. Whittredge, the plaintiffs, claiming ownership of the intertidal zone, brought an action in trespass and ...


Creating Confusion Rather Than Clarity: The Sixth Circuit's (Lack Of) Decision In Tree Of Life Christian Schools V. Upper Arlington, Lindsey Edinger 2017 Boston College Law School

Creating Confusion Rather Than Clarity: The Sixth Circuit's (Lack Of) Decision In Tree Of Life Christian Schools V. Upper Arlington, Lindsey Edinger

Boston College Law Review

There is currently a split among five federal circuits as to what constitutes a secular comparator to a religious assembly or institution under the equal terms provision of the Religious Land Use and Institutionalized Persons Act. Stemming from this initial split, courts have further divided as to what is necessary to establish a prima facie case for an equal terms claim. On May 18, 2016, the U.S. Court of Appeals for the Sixth Circuit in Tree of Life Christian Schools v. Upper Arlington became the most recent circuit to address the equal terms provision. Rather than providing a clear ...


The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova McCabe, Joanne Burke 2017 University of Maine School of Law

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke

Maine Law Review

As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only ...


Zoning And Land Use Controls: Beyond Agriculture, Lisa M. Feldstein 2017 University of Maine School of Law

Zoning And Land Use Controls: Beyond Agriculture, Lisa M. Feldstein

Maine Law Review

If one were playing a word association game and were asked what comes to mind when the terms “food” and “land use” are given, chances are high that the response would be “agriculture.” Yet every stage in the food system, from being grown or raised through being consumed, is place-based. Put differently, everything that happens with our food system involves land use in some way. Even the acquisition of aquatically sourced foods requires a journey that begins from the shore, and yet it is rare to consider the profound ways in which our every interaction with food system utilizes or ...


Legal Institutions Of Farmland Succession: Implications For Sustainable Food Systems, Jamie Baxter 2017 University of Maine School of Law

Legal Institutions Of Farmland Succession: Implications For Sustainable Food Systems, Jamie Baxter

Maine Law Review

The legal institutions relevant to farmland succession—defined as the transfer of property in and control over farmland—are increasingly important determinants of sustainable environmental outcomes on modern farms. The history of farmland succession has been written, by and large, through extra-legal processes of transfer and inheritance between generations of close family relations. This familiar “family farm” model, however, is rapidly being replaced by succession arrangements between non-relatives, often strangers, with entrant farmers from non-agricultural backgrounds. As a growing number of current farmers retire and seek creative ways to transfer control and ownership of their farms, the availability and content ...


Of Asthma And Ashtrays: Examining The Rights Of And Exploring Ways To Protect Maine Tenants Living In Multi-Unit Rental Housing Who Are Involuntarily Exposed To Secondhand Tobacco Smoke In Their Homes, Amy K. Olfene 2017 University of Maine School of Law

Of Asthma And Ashtrays: Examining The Rights Of And Exploring Ways To Protect Maine Tenants Living In Multi-Unit Rental Housing Who Are Involuntarily Exposed To Secondhand Tobacco Smoke In Their Homes, Amy K. Olfene

Maine Law Review

Toxins found in tobacco smoke are deadly, and there is no safe level of exposure. Secondhand smoke contains over 7,000 chemicals, 69 of which are known to cause cancer in humans. In fact, the U.S. Environmental Protection Agency (“EPA”) has declared secondhand tobacco smoke a Group A carcinogen, a rating “reserved for those compounds or mixtures which have been shown to cause cancer in humans, based on studies in human populations.” Exposure to tobacco smoke can cause a number of diseases and ailments in both smokers and nonsmokers; in addition, such exposure can exacerbate existing illnesses. In the ...


Death, Taxes, And Property (Rights): Nozick, Libertarianism, And The Estate Tax, Jennifer Bird-Pollan 2017 University of Maine School of Law

Death, Taxes, And Property (Rights): Nozick, Libertarianism, And The Estate Tax, Jennifer Bird-Pollan

Maine Law Review

Over the last twelve years the estate tax has been eviscerated. Evolving from a tax at 55% on all estates over $675,000 to a tax at only 35% on estates over $5.12 million per person ($10.24 million for a married couple); the estate tax now taxes only about 5,300 estates per year, as opposed to over 58,000 estates in 1999. In an era of language decrying class warfare, why abandon this project of the estate tax? Is it too late to save the tax? Are there reasons to save it? Why have an estate tax ...


Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier 2017 Pepperdine University

Embracing Airbnb: How Cities Can Champion Private Property Rights Without Compromising The Health And Welfare Of The Community, Emily M. Speier

Pepperdine Law Review

Peer-to-peer services offer participants considerable advantages whether they are a provider of such services or a user of them. The Airbnb phenomenon is an example of how technological advancement has transformed the rental industry and has signaled a societal acceptance of a sharing economy. However, the question now is to what extent cities should regulate this influx of short-term rentals while still preserving the property rights of homeowners. Much of the answer to this question depends on each city’s individual interpretation of specific areas of the law. Some legal issues raised by regulation and explored by this article include ...


Digital Commons powered by bepress