A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York,
2016
Touro University Jacob D. Fuchsberg Law Center
A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante
Touro Law Review
No abstract provided.
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine,
2016
Touro University Jacob D. Fuchsberg Law Center
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Touro Law Review
No abstract provided.
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants,
2016
Texas A&M University School of Law
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho
Texas A&M Journal of Property Law
Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements …
Hollywood Blackout: Impact Of New Architectural Copyright Laws On The Filming Industry,
2016
Texas A&M University School of Law
Hollywood Blackout: Impact Of New Architectural Copyright Laws On The Filming Industry, Jake Jensen
Texas A&M Journal of Property Law
This Article will focus on particular emerging copyright laws and their effect on the film industry. Section II will begin with a brief overview of the film industry as well as a brief discussion of the reasons people watch films. The Section will then proceed with a discussion on the importance of filming locations, as well as how the industry has changed in its perception of filming locations. Section III will detail what the current copyright law is, as well as exceptions the courts have used in determining copyright infringement. Section IV will then describe the Freedom of Panorama laws …
How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice,
2016
Texas A&M University School of Law
How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice, Sean M. Grove
Texas A&M Journal of Property Law
As a model of review, this Comment will use Texas’s laws—juxtaposed against state laws that are providing more protections—to compare what Texas is doing wrong in light of what other states are doing right. First, this Comment will give a brief history of asset forfeiture in general and provide the status of civil asset forfeiture in the twentyfirst century. Part II will discuss the benefits of some asset forfeiture programs while highlighting the shortcomings and burdens that civil asset forfeiture brings. Part III will show state legislation aimed at curtailing civil asset forfeiture and the factors that make Texas’s laws …
Show Me The Money: How Registered Sex Offenders Affect Property Tax Revenue And What Governments Can Do To Recover The Losses,
2016
Texas A&M University School of Law
Show Me The Money: How Registered Sex Offenders Affect Property Tax Revenue And What Governments Can Do To Recover The Losses, Justin Simmons
Texas A&M Journal of Property Law
Many people have written scholarly articles highlighting the pros and cons of SORs. Some have taken the analysis a step further by pointing out the impact SORs have on the values of homes in the vicinity of a registered sex offender (“RSO”). While these studies have pointed out the impact the presence of an RSO can have on the property value for an individual homeowner, research regarding the impact RSOs have on property tax revenue for taxing districts is nonexistent. This Article highlights the correlation between the depressive effect the presence of RSOs has on property values, the impact this …
Blood & Money: A Conflict In Texas Statutes Regarding Adoptees’ Inheritance Rights From And Through Biological Parents,
2016
Texas A&M University School of Law
Blood & Money: A Conflict In Texas Statutes Regarding Adoptees’ Inheritance Rights From And Through Biological Parents, Andrea Smith
Texas A&M Journal of Property Law
In Texas, the statutes are in conflict as to whether an adopted person is emphatically given the right to inherit intestate through and from their biological parents. This Note will delve into the history of adoption law, the adoption law process, differences in the statutes, and suggest how the Texas Legislature can mend these statutes to be in harmony with each other. For the purposes of this Note, when adoptee is mentioned it only refers to a child who was adopted as a minor.
Doctoring Up Cybersecurity Standards: A Solution To Adequate Internet Security Measures Post Wyndham,
2016
Texas A&M University School of Law
Doctoring Up Cybersecurity Standards: A Solution To Adequate Internet Security Measures Post Wyndham, Vince Vela
Texas A&M Journal of Property Law
In today’s technological world, it is common for corporations and individuals alike to enjoy and exploit the benefits of cloud computing. These advancements, however, come with a price as the modern technological age continues to grow. By its very nature, the normal course of business has changed drastically. From private entrepreneurial websites to conglomerates like Amazon, Inc., making purchases online has never been easier. Rather than traveling to your products, consumers today simply create an account with a certain business, enter personal credentials, provide a credit or debit card number for the transaction, and give an address for the shipment …
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson,
2016
Barry University
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach,
2016
Dalhousie University Schulich School of Law
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
The repatriation and return of objects of cultural value are often linked to decolonization projects and efforts to repair past wrongs suffered as a result of colonialism. Yet significant barriers hinder these efforts. These barriers primarily take the shape of time limitations, diverging conceptions of property and ownership, the high costs involved, and the domestic export and cultural heritage laws of both the source country and the destination country. I argue that these barriers are relics of colonialism that replicate and perpetuate the continued imposition of Eurocentric and Western legal notions and values on subaltern source countries and source indigenous …
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work,
2016
Dalhousie University Schulich School of Law
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn
Articles, Book Chapters, & Popular Press
In Canada, comprehensive land claims based on Aboriginal title can be pursued through either litigation or negotiation. Generally, the relationship between litigation and negotiation of these claims is understood as one where the Supreme Court of Canada initially prodded the Canadian state to action, and then in a series of decisions developed the legal parameters within which the political realities of negotiation occur. Thus, settlement tends to follow and be shaped by the contours of the legal doctrine. However, settlement of land claims in Canada’s Arctic moved ahead of the case law in two key areas, as manifested in: (a) …
Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H),
2016
Delaware Law School, Widener University
Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal
Marquette Law Review
The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …
Zoning Neighborhoods For Resilience: Drivers, Tools And Impacts,
2016
Elisabeth Haub School of Law at Pace University
Zoning Neighborhoods For Resilience: Drivers, Tools And Impacts, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
A new urban design is needed, one that if not climate-determinist, is climate-cognizant. The built environment should be structured and the natural environment must be managed and protected in a way that regards climate forces that if left unchecked will sap the energy, the very existence of the city.7 A new urban design must begin with a statement of clear ends to be achieved, be based upon authoritative scientific, legal and social principles and must be implemented with an understanding of the costs--monetary and socio-political, that are demonstrably justified in the light of the alternatives. The extravagant and pretentious historical …
"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs,
2016
Cleveland-Marshall College of Law, Cleveland State University
"You Belong To Me": Unscrambling The Legal Ramifications Of Recognizing A Property Right In Frozen Human Eggs, Browne C. Lewis
Law Faculty Articles and Essays
This article is divided into four parts. Part I includes a discussion of just a few examples of when babies conceived as a result of surrogacy arrangements have been treated like personal property. Part II explains the process that makes human oocyte cryopreservation a viable option for young women and also explores the ways that human eggs may end up in the marketplace. Part III examines the options open to courts with regard to the extent of a woman's property interest in her frozen eggs. Part IV contains an analysis of some of the property law causes of action that …
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities,
2016
University of Idaho College of Law
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities, Barbara Cosens
Articles
Eighty-five percent of United States citizens live in urban areas. However, research surrounding the resilience and sustainability of complex urban systems focuses largely on coastal megacities (>1 million people). Midsize cities differ from their larger counterparts due to tight urban-rural feedbacks with their immediate natural environments that result from heavy reliance and close management of local ecosystem services. They also may be less path-dependent than larger cities due to shorter average connection length among system components, contributing to higher responsiveness among social, infrastructural, and ecological feedbacks. These distinct midsize city features call for a framework that organizes information and …
2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note,
2016
Roger Williams University
2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note, Roger Williams University Law Review Staff
Roger Williams University Law Review
No abstract provided.
You Can't Choose Your Family, But You Should Choose Your Co-Tenants: Reforming The Upc To Benefit The Modest- Means Family Cabin Owner,
2016
University of Colorado Law School
You Can't Choose Your Family, But You Should Choose Your Co-Tenants: Reforming The Upc To Benefit The Modest- Means Family Cabin Owner, Lisa C. Willcox
University of Colorado Law Review
No abstract provided.
Sharing Property,
2016
University of Colorado Law School
Sharing Property, Kellen Zale
University of Colorado Law Review
The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …
Response: Worthier For Whom?,
2016
University of Oklahoma College of Law
Response: Worthier For Whom?, Katheleen Guzman
Oklahoma Law Review
No abstract provided.
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest,
2016
Brooklyn Law School
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
