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 7 of 97.

Seizing Family Homes From The Innocent: Can The Eighth Amendment Protect Minorities And The Poor From Excessive Punishment In Civil Forfeiture?, Louis S. Rulli 2017 University of Pennsylvania Law School

Seizing Family Homes From The Innocent: Can The Eighth Amendment Protect Minorities And The Poor From Excessive Punishment In Civil Forfeiture?, Louis S. Rulli

Faculty Scholarship

Civil forfeiture laws permit the government to seize and forfeit private property that has allegedly facilitated a crime without ever charging the owner with any criminal offense. The government extracts payment in kind—property—and gives nothing to the owner in return, based upon a legal fiction that the property has done wrong. As such, the government’s taking of property through civil forfeiture is punitive in nature and constrained by the Eighth Amendment’s Excessive Fines Clause, which is intended to curb abusive punishments.

The Supreme Court’s failure to announce a definitive test for determining the constitutional excessiveness ...


Real + Imaginary = Complex: Toward A Better Property Course, James Grimmelmann 2017 Cornell Law School

Real + Imaginary = Complex: Toward A Better Property Course, James Grimmelmann

Cornell Law Faculty Publications

“Property” in most law schools means real property: the dense, illogical, and special-purpose body of land law. But this is wrong: property also comes in personal, intangible, and intellectual flavors—all of them more important to modern lawyers than land. Real property is deeply unrepresentative of property law, and focusing our teaching on it sells the subject short. A better property course would fully embrace these other forms of property as real property’s equals. Escaping the traditional but labyrinthine classifications of real property frees teachers to bring out the underlying conceptual coherence and unity of property law. The resulting ...


Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett 2017 Notre Dame Law School

Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett

Journal Articles

This short essay reviews the regulatory takings legacy of Justice Antonin Scalia, evaluating both its impact on the Supreme Court's takings canon and its consistency with his stated jurisprudential principles.


Security Interests In Deposit Accounts, Securities Accounts, And Commodity Accounts: Correcting Article 9’S Confusion Of Contract And Property, Thomas E. Plank 2017 University of Tennessee College of Law

Security Interests In Deposit Accounts, Securities Accounts, And Commodity Accounts: Correcting Article 9’S Confusion Of Contract And Property, Thomas E. Plank

Oklahoma Law Review

No abstract provided.


2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2017 Roger Williams University

2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


A Hobbesian Bundle Of Lockean Sticks: The Property Rights Legacy Of Justice Scalia, J. Peter Byrne 2017 Georgetown University Law Center

A Hobbesian Bundle Of Lockean Sticks: The Property Rights Legacy Of Justice Scalia, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

No modern United States Supreme Court Justice has stimulated more thought and debate about the constitutional meaning of property than Antonin Scalia. This essay evaluates his efforts to change the prevailing interpretation of the Takings Clause. Scalia sought to ground it in clear rules embodying a reactionary defense of private owners’ prerogatives against environmental and land use regulation. Ultimately, Scalia aimed to authorize federal judicial oversight of state property law developments, whether through legislative or judicial innovation. In hindsight, he stands in a long tradition of conservative judges using property law as a constitutional baseline by which to restrain regulation.


Property As Prophesy: Legal Realism And The Indeterminacy Of Ownership, John A. Humbach 2017 Elisabeth Haub School of Law at Pace University

Property As Prophesy: Legal Realism And The Indeterminacy Of Ownership, John A. Humbach

Pace Law Faculty Publications

Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining ...


The Joy Of Takings, Michael M. Berger 2017 Manatt, Phelps & Phillips, LLP

The Joy Of Takings, Michael M. Berger

Washington University Journal of Law & Policy

This Essay discusses the various circumstances under which Takings Law can be litigated. Beginning with an analysis of his personal experience in litigation, Berger details significant developments in Takings Law and posits on their future in a rapidly advancing technological sphere. Berger closes by analogizing airport takings law to issues involving drones and speculates that the intersection between drones and the law will mirror that of prior takings lawsuits.


Determining Ownership And Control Of Ipv4 Addresses, Benjamin Shantz 2017 Washington University School of Law

Determining Ownership And Control Of Ipv4 Addresses, Benjamin Shantz

Washington University Law Review

The creation of the Internet ushered in an era of unprecedented legal challenges as jurists and legislators struggled to keep up with rapidly evolving technology.1 Chief among these issues is whether certain types of intangible data, specifically Internet Protocol addresses2 (IP addresses), can be owned and treated as intangible property. The world has nearly exhausted its supply of unique IPv4 addresses and the property rights of individuals utilizing IPv4 addresses are poorly defined. This area of law has not been subject to robust examination by the US court system. A few recent bankruptcy cases have tangentially reached the issue ...


Bitproperty And Commercial Credit, Christopher K. Odinet 2017 Southern University Law Center

Bitproperty And Commercial Credit, Christopher K. Odinet

Washington University Law Review

In the past several years, the growth of virtual property in today’s economy has been explosive. The everyday use of virtual assets, ranging from Twitter and Facebook to YouTube and virtual world accounts, is nearly absolute. Indeed, by one account, Americans check social media over seventeen times per day. Further, a growing number of savvy virtual entrepreneurs are reporting incomes in the six- and seven-figure range, derived solely from their online businesses. Nevertheless, although the commercial world has come to embrace these newfound markets, commercial law has done a poor job of keeping up. Scholars have argued that laws ...


The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany R. Berger 2017 American University Washington College of Law

The Illusion Of Fiscal Illusion In Regulatory Takings, Bethany R. Berger

American University Law Review

No abstract provided.


The Value Of The Right To Exclude: An Empirical Assessment, Jonathan Klick, Gideon Parchomovsky 2017 University of Pennsylvania Law School

The Value Of The Right To Exclude: An Empirical Assessment, Jonathan Klick, Gideon Parchomovsky

Faculty Scholarship

Property theorists have long deemed the right to exclude fundamental and essential for the efficient use and allocation of property. Recently, however, proponents of the progressive property movement have called into question the centrality of the right to exclude, suggesting that it should be scaled back to allow the advancement of more socially beneficial uses of property. Surprisingly, the debate between the opponents and detractors of the right to exclude is devoid of any empirical evidence. The actual value of the right to exclude remains unknown.

In this Article, we set out to fill this void by measuring, for the ...


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon 2017 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Pace Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.


Public Pension Reform And The Takings Clause, Michael B. Kent Jr. 2017 Campbell University School of Law

Public Pension Reform And The Takings Clause, Michael B. Kent Jr.

Scholarly Works

This Article seeks to fill the gap left open by previous judicial and scholarly treatment and begin a more robust conversation about the role of the Takings Clause in public pension reform litigation.


Understanding Property Law, John G. Sprankling 2017 University of the Pacific, McGeorge School of Law

Understanding Property Law, John G. Sprankling

McGeorge School of Law Teaching Materials

No abstract provided.


Chapter 838: Foreclosing Preventable Foreclosures For Closure: Successors In Interest, Gary Menes 2017 University of the Pacific, McGeorge School of Law

Chapter 838: Foreclosing Preventable Foreclosures For Closure: Successors In Interest, Gary Menes

The University of the Pacific Law Review

No abstract provided.


Chapter 758: Density Bonus Fast Track, Kevin Duewel 2017 University of the Pacific, McGeorge School of Law

Chapter 758: Density Bonus Fast Track, Kevin Duewel

The University of the Pacific Law Review

No abstract provided.


Chapter 32, Sections 69–70: California Seismic Safety Capital Access Loan Program, Bryce Fick 2017 University of the Pacific, McGeorge School of Law

Chapter 32, Sections 69–70: California Seismic Safety Capital Access Loan Program, Bryce Fick

The University of the Pacific Law Review

No abstract provided.


Chapter 701: Protecting Low-Income Families Burdened By Property Taxes, Jessica Wellington 2017 University of the Pacific, McGeorge School of Law

Chapter 701: Protecting Low-Income Families Burdened By Property Taxes, Jessica Wellington

The University of the Pacific Law Review

No abstract provided.


Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg 2017 Mitchell Hamline School of Law

Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg

Mitchell Hamline Law Review

No abstract provided.


Digital Commons powered by bepress