Law Commons^™

Women's Work And Wealth: Measuring The Impact Of Incremental Liberations, 1850-1870, Hannah Kelly

Williams Honors College, Honors Research Projects

Using a two-way fixed effects difference-in-difference model, this project analyzes data from the IPUMS Full Count census for 1850, 1860, and 1870 at a state level for 48 states. Four models assess the impact of property laws on women's real property holdings, labor force participation, household types, and real property values.

By quantifying the impact of various legal reforms on women's economic empowerment, this project fills a gap in the understanding of the intersection between law, society, and women's economic agency during a transformative period in pre-industrial American history. These impacts can implicate the effectiveness of legislative measures in advancing …

The Effects Of Short-Term Rentals On Communities And How To Legislate Them: An Expanded Literary Review, William Cherry

Finance Undergraduate Honors Theses

A literary review of the economic and socioeconomic effects of short-term rental properties, specifically the commercialization of the industry based upon other research studies. An in-depth look at how commercialized short-term rentals effect the younger generation, hospitality industry, housing market, communities they reside in, and other externalities. A further review of different legal case studies of short-term rental legislation in major cities across the globe and their varying degrees of effectiveness.

Law And Literature In Pennsylvania: A Changing Landscape, Juliette Gaggini

Honors Theses

This thesis examines themes of American national identity perpetuated in Pennsylvania surrounding private property through historical, literary and legal analysis. Ideals of private property and land ownership are broken into three transitions throughout Pennsylvania history: the American frontier and initial land claiming by settlers, mass-deforestation and the introduction of widespread agriculture, and finally industrialization and the introduction of mining and fracking. Each of these transitions highlights the physical changes to the region and how they were influenced by American ideals of private property, productivity, and profitability.

Throughout this thesis, I analyze both literary and legal texts to examine societal beliefs …

The Development Of An Expectations Theory Of Patent Law By Creating A Nexus With John Locke's Theory Of Private Property, Jason D. Newman

Electronic Thesis and Dissertation Repository

Abstract

This thesis reviews the Lockean justification of private physical property as an explanation for patent “property,” identifies its weaknesses, and modifies it to create a new theory of patent law based on expectations. After describing the characteristics of technical information, that description is applied to three different interpretations of the Lockean condition which demonstrate a strain in defining technical knowledge as property. The technical information paradigm is then applied to an expectations theory, which demonstrates a broad connection to the Lockean conditions, but maintains a fit within a wider patent law interpretation. The expectations theory also creates an avenue …

Redressing The Past To Repair The Present: The Role Of Property Law In Creating And Exacerbating Racial Disparities In Wealth And Poverty In Nova Scotia, Melissa Marsman

LLM Theses

For over 200 years African Nova Scotians have been fighting to confirm legal title to the land on which their ancestors were settled. In 2020, the Nova Scotia Supreme Court remarked “the lack of clear title and the segregated nature of their land triggered a cycle of poverty for black families that persisted for generations.” Nova Scotia has a long history of obscure land titles; however, the ensuing cycle of poverty appears to have disproportionately impacted African Nova Scotians. This thesis reframes the African Nova Scotian land titles discourse into a broader understanding about systemic anti-Black racism and White supremacist …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Development Of A Topics Course For Construction Law, Julia C. Hoever

Construction Management

The Cal Poly Construction Management program is designed to prepare students heading into the construction industry for daily management tasks. With construction comes many legal aspects integrated into a project’s operations. Though the curriculum includes a contract law course, a gap exists with a minimal number of classes that address the array of legal matters the construction industry must be versed in. Working with faculty member, Thomas Kommer, J.D., there is a need for a course that expands on these varying legal topics. In order to determine the specific topics that would impactfully benefit and educate Cal Poly Construction Management …

Baldia Town Factory Inferno: Justice Delayed And Denied, Rabia Bugti

MSJ Capstone Projects

The Baldia Town Factory Fire — as it came to be known — was one of the deadliest incidents in the history of Pakistan — the 9/11 of the country.

Over 260 ill-fated people lost their lives in the garments factory named Ali Enterprises, 16 of whom were charred beyond recognition. In September this year, finally after eight years, the anti-terrorism court announced its verdict (ANTI-TERRORISM COURT, 2017). Two key culprits were sentenced to death and four handed life imprisonment. According to the joint investigation team’s report, the factory was set on fire deliberately by the facilitators of a political …

Conditions Of Personhood And Property, Zachary James Acree

Dissertations, Theses, and Capstone Projects

This paper seeks to demonstrate that a more robust understanding of personhood both reveals flaws in the underlying assumptions of modern property law, and orients that law to a more just application. To do this, the law needs not only a better definition of what persons are, but also a better understanding of how persons function in their society. First, in order to provide some context to the issues at stake, there is a brief historical introduction to some of the problems that personhood inquiries have faced. After the introduction, this paper is divided into four sections. Part I summarizes …

Israel's Absentee Property Law: When Is Democratic Failure Necessary?, Bria Smith

CMC Senior Theses

This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to preserve the Jewish nation and the existence …

Palm Papers, Nicole Rothwell

Capstones

The Organized Crime and Corruption Reporting Project (OCCRP) came into possession of a secret dataset of property owners of the Palm Islands, the elite high-end artificial islands on the coast of Dubai.

With over 250 neighborhoods on Dubai’s waterfront, a group of journalists around the world has been investigating who these individuals are that can afford the posh and pricey real estate. While most fall into the uber-rich category, some also have corrupt to criminal backgrounds leading to questions such as if the Palm Islands are truly a real-estate paradise, or instead a refuge for the corrupt.

The task for …

The Place Of Private Property In Land Use Law: A Relational Examination Of Ontario's Quarry Conflicts, Estair Suarez Van Wagner

PhD Dissertations

Land use law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes our relationships not only with the people around us, but with the places we inhabit and encounter. This dissertation examines how land use law structures the relations between people and the more-than-human world to uphold the ownership model of property relations and to privilege particular forms of land use. Through documentary and interview-based qualitative research, it presents an eco-relational examination of one of the most contentious land uses in Ontario aggregate mineral extraction.

The primacy …

A Cross-Sectional Exploration Of Household Financial Reactions And Homebuyer Awareness Of Registered Sex Offenders In A Rural, Suburban, And Urban County., John Charles Navarro

Electronic Theses and Dissertations

As stigmatized persons, registered sex offenders betoken instability in communities. Depressed home sale values are associated with the presence of registered sex offenders even though the public is largely unaware of the presence of registered sex offenders. Using a spatial multilevel approach, the current study examines the role registered sex offenders influence sale values of homes sold in 2015 for three U.S. counties (rural, suburban, and urban) located in Illinois and Kentucky within the social disorganization framework. Homebuyers were surveyed to examine whether awareness of local registered sex offenders and the homebuyer’s community type operate as moderators between home selling …

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 …

Housing The Homeless: A Framework For Sustainable, Affordable Housing, Brianna Providence

Student Theses 2015-Present

New York City’s building stock is comprised of nearly one million structures. Buildings are responsible for unconscionable amounts of global energy, water, resources, and greenhouse gas (GHG) emissions. Thousands of buildings are annually constructed when the truth is that there is a significant stock of buildings that could stand to be rehabilitated. New green developments present an opportunity to increase efficiency while reducing energy use, resource consumption, and waste. If virgin new green developments provide the aforementioned opportunities, then it logically follows that sustainably retrofitting preexisting buildings represents an even greater opportunity to promote environmental sustainability and reduce inefficiencies. As …

Real Estate Investment Trusts In Canada, Samita Pachai

Electronic Thesis and Dissertation Repository

The Canadian real estate investment trust (REIT) industry began in the early 1990s and, over the past twenty years, the legislative landscape governing REITs has changed dramatically. This dissertation examines how REIT legislation has progressed in Canada and the effects it has had on the industry as a whole. After examining the basic characteristics of a REIT, an overview of the legislative evolution is presented. This thesis argues that recent legislation has been successful in allowing REITs to flourish, with 48 public equity REITs now trading in Canada comprising a market capitalization of over CAD 50 billion. A thorough examination …

Examining The Feasibility Of Implementing A Deconstruction Nonprofit In East St. Louis, Il, David M. Hoag Jr.

All Capstone Projects

Background: According to an environmental justice case study by Kozol (2005), East St. Louis is considered the country's most distressed city. It has suffered from environmental and economic misfortunes for several decades. Many residents of the city have left due to the economic conditions of the city, which resulted in a loss of tax base. According to Hou (2010), the loss of tax base has had a severe impact on the community; the city that once had flourishing parks, streets, and businesses has now become blighted with condemned, abandoned, and foreclosed structures. Poor maintenance and neglect has led to decay …

The Relationship Between Self-Determination And Client Outcomes Among The Homeless, Samuel M. Hanna

Electronic Theses, Projects, and Dissertations

This paper has attempted to determine if there is a significant relationship between self-determination and client outcomes among the homeless. The study has been based upon the conceptual framework set forth in Self-Determination Theory. The purpose of the study was to explore the relationship between self-determination and client outcomes among the homeless. Using a data collection instrument, based on empirically validated instrumentation, clients from several homeless service providers in the City of San Bernardino were assessed for the level of self-determination and autonomy support they experience within these agencies. Outcome measures included such things as whether the client was going …

Cambria's Water War: Legal Analysis Of The Building Moratorium And Its Implications For Land Owners, Jayson Parsons

Political Science

With each passing year, Cambria, California's building moratorium becomes increasingly controversial. The moratorium, enacted by the local community services district in 1986 due to a series of water shortages, has resulted in nearly 43% of all property owners under the district's purview to be denied the ability to develop their parcels. This paper seeks to examine the constitutionality of this moratorium using relevant regulatory takings jurisprudence.

Reviewing United States Supreme Court precedent, including Pennsylvania Coal v. Mahon (1922), Penn Central Transport v. New York City (1978), Lucas v. South Carolina Coastal Council (1992), and Tahoe-Sierra Preservation Council …

The Value Of Conservation Easements: An Analysis Of The Effects Of Conservation Easements On Property Values In Central Vermont., Jonathan Decker

Capstone Collection

This capstone research aims to explore the possibilities of an association between changes in the fair market value of landed properties and their proximity to land parcels containing conservation easements. The study attempts to provide a greater understanding of how conservation easements provide benefits to Vermont municipalities. These benefits are described as ecosystem services, and their value was proxied by increases in the fair market value of transferred real-estate located within two distinct radiuses of the conserved land.

The study focuses on two specific properties located in the towns of Marshfield and East Montpelier. For each town, four separate datasets …

Addressing The Administration Of Planned Developments: The Case Of Arroyo Grande, California, Matthew J. Downing

Master's Theses

The City of Arroyo Grande, California has a problem administering the

regulations of five Planned Developments in the City. This problem arises

from these regulations being included in a 167-page appendix at the back of

the City’s Development Code. This appendix includes the original approvals

for the Developments. It also includes amendments to those approvals.

These amendments are only added to the appendix. Therefore, changes to

the regulations governing the Planned Developments are not tracked. It

takes City staff considerable amounts of time to research answers when

members of the public have questions regarding development in one of these

Developments. …

Dreading He Knew Not What: Masculinities, Structural Spaces, Law And The Gothic In The Castle Of Otranto, Pride And Prejudice, And Wuthering Heights, Samantha E. Morse

Pitzer Senior Theses

This essay investigates the integral linkages between Gothic spaces and Gothic masculinities in three texts: Horace Walpole’s The Castle of Otranto (1764), Jane Austen’s Pride and Prejudice (1813), and Emily Brontë’s Wuthering Heights (1847). At the core of this examination is architecture, or more specifically, the physical constructions and built environments that comprise a man’s property. I explore how a man uses his property to construct, legitimize, and perform his identity. In the Female Gothic, the home is a place of anxiety for women, where patriarchal dominance and violence reign to constrain female agency. I argue that the home is …

Eminent Domain In The Wake Of The Kelo Decision, Matthew J. Rogers

Honors Theses

The controversial Supreme Court decision, Kelo v. The City of New London, allowed a local government to utilize eminent domain to transfer land from one private entity to another in order to enhance economic development. In response, state governments rushed to pass legislation in order to curtail the use of eminent domain. State governments, however, struggled to pass meaningful eminent domain legislation, since many powerful forces, such as major corporations, stood in their way. Opponents of eminent domain claim that the politically weakest in our society, namely the poor and racial minorities, are saddled with the resulting hardship emanating from …

Irish Hills Natural Reserve Conservation Plan Update, Bijan N. Riley

Master's Theses

The Irish Hills Natural Reserve Conservation Plan is a unique component of the City
of San Luis Obispo’s green belt that provides a number of hiking and mountain biking
trails within a short distance from the downtown core as well as ensures that valuable
habitat be preserved into the future. As the subject of my thesis project, IHNR presented the opportunity to pursue an aspect of city planning that can often be over-looked and, conservation planning. Conservation planning is an important element of the planning profession in that it incorporates such elements into the future growth of cities. With proper …

The Millimeter Legal Coordinated Cadastre, Carlton A. Brown

Electronic Theses and Dissertations

Land ownership is an important part of a nation’s wealth. Land value is determined by information about the land and about property rights that exist over the land. The Cadastre is the primary means of providing information about property rights, providing the private and public sector with: information identifying those people who have interests in parcels of land; information about those interests; and information about the parcels. The definitive cadastre would require anyone looking for information about a parcel of land to only go to the cadastre to find everything there is to know about the land such as: • …

A New Experiment On Rational Behavior, Myles R. Macdonald

CMC Senior Theses

Behavioral economics is widely recognized as a rising field in economics, one whose discoveries and implications are not yet completed or understood. At the same time, economic theory plays an enormous role in our governmental and legal system. In particular, the Coase Theorem and its implications have affected nearly every area in the field of law and economics. This paper proposes a experimental test of Coasean bargaining in situations using two competitive players whose payoffs depend on minimizing their costs of mitigating the externality. A rational player’s action can be predicted ahead of time, and the rationality of the game’s …

Eminent Domain: The Unintended Consequences Of Kelo, Tracy Lynn Bower

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, local governments in the United States have increasingly used eminent domain to promote economic development, raising concerns among property-right advocates over what those advocates view as unlawful, or what should be unlawful, takings of private property in order to benefit another private property owner. This philosophical and legal dispute reached a crisis point in the 2005 United States Supreme Court decision in Kelo v. City of New London. In that decision, the court narrowly upheld a Connecticut Supreme Court ruling granting the City of New London permission to redevelop land that had been seized from existing homeowners …

Examining The Basis For Change In Clark County Non-Conforming Zone Change Process, Was It Needed?, Maria D. Kaseko

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study reviews Clark County's non-conforming zone change process from 1990 to 2002. A non-conforming zone change, sometimes known as a non-conforming zone boundary amendment is a proposed request that is not within the range of residential densities and/or non-residential intensities indicated on the applicable land use plan map, master plan, or concept plan. This research explores and examines two questions raised by the Clark County's new implementation plan, which was approved in April 2003 to amend the non-conforming zone change process. 1) Clark County assumed there was a public perception that non-conforming zone changes were being approved without regard …

Servitudes: Legal And Equitable, James O'Keefe Jr.

Student Theses

The purpose of this treatise is to trace the development, generally, of the law of "servitudes" from its early consideration through the different legal systems, up to the present period of legal history.