Law Commons^™

The Lost Takings Test, Josh Eagle

Josh Eagle

In recent decades, the Supreme Court has used oceanfront property as a principal vehicle for the development of Fifth Amendment takings law. Cases alleging that a state government has taken oceanfront land have produced landmark opinions such as Nollan v. California Coastal Commission (1987), Lucas v. South Carolina Coastal Council (1992), and Stop the Beach Renourishment v. Florida Department of Environmental Protection (2010).

In each of these cases, the Court has applied its standard, positivist takings analysis: first, identifying the rights of the landowner; then, weighing the extent to which the government’s action has limited those rights. This Article argues …

Inclusionary Eminent Domain, Gerald S. Dickinson

Gerald S. Dickinson

This article proposes a paradigm shift in takings law, namely “inclusionary eminent domain.” This new normative concept – paradoxical in nature – rethinks eminent domain as an inclusionary land assembly framework that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. Analogous to inclusionary zoning, inclusionary eminent domain helps us think about how to fix the “exclusionary eminent domain” phenomenon of displacing low-income families by assembling and negotiating the use of land – prior to, during or after condemnation proceedings – to accommodate affordable housing where condemnation threatens to decrease …

An Introduction To Property Theory, Gregory Alexander, Eduardo Peñalver

Gregory S Alexander

This book surveys the leading modern theories of property – Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian, and human flourishing – and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain, and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories …

Reunifying Property In The Classroom: Starting With The Questions, Not The Answers, Tim Iglesias

Tim Iglesias

This essay argues that the myriad property doctrines and rules are answers to several consistent legal questions, and that these questions provide a useful framework for teaching Property law. The problem with Property Law courses is that we cover a slew of topics in which we load students up with a wide variety of (often conflicting) answers to these questions without ever revealing that all of the doctrines and rules are responses to the same set of questions.

The proposed framework offers the questions as reference points for navigating the sea of common law Property doctrines and rules. A student …

Recent Developments In U.S. Eminent Domain Law, Joyce Palomar

Joyce Palomar

No abstract provided.

Is There A Role For Insurance In A Title Registration System?, Joyce Palomar

Joyce Palomar

No abstract provided.

A Lender's Guide To Obtaining Title Insurance Benefits (Moderator), Joyce Palomar

Joyce Palomar

No abstract provided.

Alternative Models For Insuring Title In Developing Countries (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

Building Market Institutions: Property Rights, Business Formalization And Economic Development, Joyce Palomar

Joyce Palomar

No abstract provided.

Professor's Corner (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

Title Insurance In Oklahoma, Joyce Palomar

Joyce Palomar

No abstract provided.

In-Depth Title Insurance, Joyce Palomar

Joyce Palomar

No abstract provided.

25th Annual Symposium (Presenter), Joyce Palomar

Joyce Palomar

No abstract provided.

The 2006 Alta Policies: What New Coverage Do They Provide?, Joyce Palomar

Joyce Palomar

No abstract provided.

China's Housing Policy: Successes And Disappointments (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

China's Housing Policy: Successes And Disappointments, Joyce Palomar, Jainbo Lou

Joyce Palomar

No abstract provided.

Emperical Research In Real Property Law, Joyce Palomar

Joyce Palomar

No abstract provided.

Property Law And Development Economics, Joyce Palomar

Joyce Palomar

No abstract provided.

Evidence Of Title By Public Records (In Chinese, Li Hao, Translator), Joyce Palomar

Joyce Palomar

No abstract provided.

Land Tenure Security As A Market Stimulator In China, Joyce Palomar

Joyce Palomar

No abstract provided.

Sino-American Forum On Chinese Property Law (Speaker And Chair Of Panel), Joyce Palomar

Joyce Palomar

No abstract provided.

International Availability Of Title Assurance & Credit Enhancement (Presenter), Joyce Palomar

Joyce Palomar

No abstract provided.

People's Insurance Company Of China Seminar (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

Chinese Insurance Regulatory Commission (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

Conference On The Rule Of Law As A Real Estate Market Stimulator (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

The Roles Of Attorneys And Non-Attorneys In Real Estate Closings (Featured Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

Real Estate Defaults, Workouts And Bankruptcies (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

When Entities Own Real Estate (Speaker), Joyce Palomar

Joyce Palomar

No abstract provided.

Unauthorized Practice Laws And Real Estate Transactions, Joyce Palomar

Joyce Palomar

No abstract provided.

A Symposium On Closing Agents' Duties And Liability (Speaker & Chair Of Panel), Joyce Palomar

Joyce Palomar

No abstract provided.