Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Oct 2009
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Garrett Power
No abstract provided.
Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr.
Dec 2008
Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr.
Michael B. Kent Jr.
No abstract provided.
Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo
Dec 2008
Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo
Carl J. Circo
By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the traditional and economic theories of property. While the traditional property theories of Blackstone, Locke, and U.S. constitutional doctrine tolerate restrictions on private property rights for the sake of public welfare, they resist the strongest versions of sustainability, which promote generational and social justice. Similarly, an economic analysis of property recognizes the values of resource conservation and welfare for future generations, but only to the limited extent the economist can calculate future value. As a result, economic analysis may …
Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield
Dec 2008
Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield
Jonathan Marshfield
This Article examines the significance of the New Jersey Supreme Court’s decision in Gallenthin Realty Development, Inc. v. Paulsboro for redevelopment and property rights in New Jersey. It suggests that Gallenthin has resulted in the revival of meaningful judicial review of municipal redevelopment designations. Specifically, the Authors contend that Gallenthin confronted two pervasive problems concerning judicial review of redevelopment designations. First, since 1947, when New Jersey adopted a constitutional provision that specifically authorized the legislature to pass laws permitting the taking of property for redevelopment of “blighted areas,” courts have unduly acquiesced to legislative and municipal interpretations of “blight.” Gallenthin …
Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino
Dec 2008
Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino
Dylan Malagrinò
The advantages of privatized property regimes and common property regimes have been debated in legal and economic discourse for ages. Although private property is prevalent in the developed world, a reading of the available anthropological literature shows that common property regimes still thrive in many parts of the developing world to maintain natural resources and to spread the risk of property ownership.
Considering the recent U.S. housing crisis and its global effect on world markets, perhaps the developed world should incorporate more communal theories to—what has now become the developed world‘s scarce resource—urban land. In fact, after a close look …
