Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (45)
- Pepperdine University (28)
- SelectedWorks (28)
- Seattle University School of Law (17)
- UIC School of Law (16)
-
- University of Arkansas at Little Rock William H. Bowen School of Law (14)
- University of New Mexico (11)
- New York Law School (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- University of Colorado Law School (7)
- Cornell University Law School (6)
- Brooklyn Law School (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
- University of Missouri School of Law (5)
- University of Florida Levin College of Law (4)
- Vanderbilt University Law School (4)
- William & Mary Law School (4)
- Chicago-Kent College of Law (3)
- Golden Gate University School of Law (3)
- Notre Dame Law School (3)
- Singapore Management University (3)
- University of Michigan Law School (3)
- University of Pittsburgh School of Law (3)
- University of Richmond (3)
- Yeshiva University, Cardozo School of Law (3)
- Boston University School of Law (2)
- Cleveland State University (2)
- Columbia Law School (2)
- Florida International University College of Law (2)
- Nova Southeastern University (2)
- Keyword
-
- Property (28)
- Property-Personal and Real (23)
- Eminent domain (14)
- Environmental Law (13)
- Takings (13)
-
- Land use (11)
- Law and Society (8)
- Property law (8)
- Zoning (8)
- Banking and Finance (7)
- Foreclosure (7)
- Implied warranty of habitability (7)
- Land Use Planning (7)
- Legislation (7)
- Environmental law (6)
- Landlord (6)
- Lease (6)
- Property rights (6)
- Real estate (6)
- Rooftops Project (6)
- Tenant (6)
- California (5)
- Conservation (5)
- Constitutional Law (5)
- Contracts (5)
- Human rights (5)
- Law and Economics (5)
- Mortgages (5)
- Property Law (5)
- "free prior and informed consent" (4)
- Publication
-
- Pepperdine Law Review (24)
- Faculty Scholarship (17)
- Seattle Journal for Social Justice (16)
- UIC Law Review (12)
- University of Arkansas at Little Rock Law Review (12)
-
- Water Matters! (11)
- Articles (9)
- Faculty Publications (9)
- Nevada Supreme Court Summaries (7)
- Rooftops Project (6)
- Daniel Lyons (5)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (5)
- Nicole Stelle Garnett (5)
- Cornell Law Faculty Publications (4)
- Journal Articles (4)
- Journal of the National Association of Administrative Law Judiciary (4)
- Patricia E. Salkin (4)
- Darren A. Prum (3)
- David J Reiss (3)
- Michael E Lewyn (3)
- Publications (3)
- Scholarly Works (3)
- Thomas L. Shaffer (3)
- Touro Law Review (3)
- UF Law Faculty Publications (3)
- UIC Law Open Access Faculty Scholarship (3)
- Vanderbilt Law Review (3)
- Vicenç Feliú (3)
- Alan A. Pasco Arauco (2)
- All Faculty Scholarship (2)
- Publication Type
- File Type
Articles 271 - 287 of 287
Full-Text Articles in Law
Foreclosure Echo: How Abandoned Foreclosures Are Re-Entering The Market Through Debt Buyers, Judy Fox
Foreclosure Echo: How Abandoned Foreclosures Are Re-Entering The Market Through Debt Buyers, Judy Fox
Journal Articles
It is common knowledge that mortgage defaults increased steadily from 2006 through 2011. In some situations, lenders moved swiftly after default to foreclose the property; but for other homeowners the foreclosure process began and then stalled or was completely abandoned by the lender. The result of these abandoned foreclosures has been devastating to cities and consumers throughout the country. This article explores what is happening to homeowners caught up in the strange world of bank walkaways as the economy is beginning to improve. This second wave of collection activity, an echo of the original foreclosure crisis, could easily throw thousands …
Why Is Property So Hard?, Chad J. Pomeroy
Why Is Property So Hard?, Chad J. Pomeroy
Faculty Articles
This paper seeks to flesh out the heterogeneity and inherent difficulty of property law and to analyze it in depth. Part I begins this examination by setting up a taxonomy for property law and then describing the heterogeneity inherent in that context and the costs associated with that variability. Real estate law has continually evolved throughout American history — changing from a small, local business to a large, national one, spanning jurisdictional lines and limits — and it is the haphazard and varied nature of this evolution that has created this difficulty and cost. This is notable when contrasted with …
Think Twice: Charging Orders And Creditor Property Rights, Chad J. Pomeroy
Think Twice: Charging Orders And Creditor Property Rights, Chad J. Pomeroy
Kentucky Law Journal
No abstract provided.
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Articles
No abstract provided.
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Articles
No abstract provided.
Sharing The Wealth, James J. Kelly Jr.
Sharing The Wealth, James J. Kelly Jr.
Journal Articles
This review of the textbook, "Community Economic Development Law" (Aspen 2013), written by Susan Bennett, Brenda Bratton Blom, Louise Howells and Deborah Kenn, appeared in the Vol. 22, No.1 issue of the Journal of Affordable Housing and Community Economic Development Law.
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
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 …
Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims
Qualified Conservation Restrictions: Recollections Of And Reflections On The Origins Of Section 170(H), Theodore S. Sims
Faculty Scholarship
It has been over thirty years since Congress added to the Internal Revenue Code section 170(h), which allows a deduction for contributions to charity of “qualified conservation restrictions,” commonly known as “conservation easements”. That provision was adopted over the objections of the Treasury, who had expressed reservations of both a conceptual and practical nature about the legislation, which the Treasury viewed as more than ordinarily vulnerable to abuse. I was invited to participate in this symposium, not because I have any expertise in working with these restrictions—I don’t—but to provide some perspective on what might have motivated the Treasury thirty-plus …
Property Law For Dummies, Alan Romero
Book Review, Sara Gregg, Managing The Mountains: Land Use Planning, The New Deal, And The Creation Of A Federal Landscape In Appalachia (2013), Jill Fraley
Jill M. Fraley
No abstract provided.
Stasis And Change In Environmental Law, Gerald S. Dickinson
Stasis And Change In Environmental Law, Gerald S. Dickinson
Gerald S. Dickinson
The past twenty years of environmental law are marked as much by legislative stasis as by profound change in the way that lawyers, policymakers, and scholars interact with the field. Although no new federal legislation was passed over the past two decades, much has changed about the field of environmental law. This change is the result of a set of conceptual and legal challenges to the field posed by intellectual and policy movements that took root in the early 1990s. The intellectual and policy movements that have most profoundly shaped the field of environmental law in the past twenty years …
Barriers To Foreclosure Prevention During The Financial Crisis
Barriers To Foreclosure Prevention During The Financial Crisis
Patricia A. McCoy
The number of modifications to distressed residential loans following the 2008 financial crisis has been disappointingly low compared to the number of foreclosures. This raises concerns about the presence of artificial barriers to loan modifications in situations where foreclosure should be avoidable. There are three pressing reasons to care about what the real barriers to foreclosure prevention are. First, foreclosures that could have been avoided inflict enormous, needless losses on borrowers, investors, and society at large. Second, overcoming artificial barriers to foreclosure prevention will result in loan modifications with higher rates of success. Finally, knowing what to fix is necessary …
Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias
Does Fair Housing Law Apply To “Shared Living Situations”? Or, The Trouble With Roommates, Tim Iglesias
Tim Iglesias
In 2012, the Ninth Circuit held that to avoid a constitutional conflict with the right to freedom of association neither the federal Fair Housing Act nor California’s Fair Employment and Housing Act apply to persons seeking roommates or to other shared living situations. This article criticizes the opinion as poorly reasoned and overly broad and then offers a more targeted legislative solution to the problem.
This is an abbreviated version of the article that appeared in the JOURNAL OF AFFORDABLE HOUSING AND COMMUNITY DEVELOPMENT LAW (Spring 2014).
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Why (And How) Conservatives Should Support Smart Growth, Michael Lewyn
Michael E Lewyn
Conservatives have generally been critical of the smart growth movement, because they often fear that smart growth is synonymous with overregulation of land use. This article explains why sprawl threatens conservative values, and suggests conservative-friendly smart growth policies that can both make government less intrusive and make America more walkable.
The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan
The Property Platform In Anglo-American Law And The Primacy Of The Property Concept, Donald J. Kochan
Donald J. Kochan
This Article proposes that the property concept, when reduced to its basic principles, is a foundational element and a useful lens for evaluating and understanding the whole of Anglo-American private law even though the discrete disciplines—property, tort, and contract—have their own separate and distinct existence. In this Article, a broad property concept is not focused just on things or on sticks related to things but instead is defined as relating to all things owned. These things may include one’s self and all the key elements associated with this broader set of things owned—including the right to exclude, ownership, dominion, authority, …
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Certainty Of Title: Perspectives After The Mortgage Foreclosure Crisis On The Essential Function Of Effective Recording Systems, Donald J. Kochan
Donald J. Kochan
Recording systems for property play a pivotal, market-facilitating role for the players engaged in any transaction, the judiciary that must resolve disputes between the players, and others members of the general public by informing each about the true nature of ownership of the real property things in the world. This symposium article explores the essential character of such systems in providing certainty of title, and takes a tour through the mortgage foreclosure crisis to see where adherence to and respect for these systems’ roles broke down. Leading up to the crisis, as securitization became vogue and the housing boom blurred …
Moderating Citizen "Visioning" In Town Comprehensive Planning: Deliberative Dialog Processes, Michael N. Widener
Moderating Citizen "Visioning" In Town Comprehensive Planning: Deliberative Dialog Processes, Michael N. Widener
Michael N. Widener
This paper describes one method of mediated collective bargaining addressing opposing stakeholder views in a Comprehensive Land Use Plan amendment processes where stakeholders provide inputs on behalf of a diverse stakeholders’ community. The moderation process described here involves the City of Scottsdale, Arizona, currently engaged in developing its 2014 Plan extending the city’s planning vision through 2045.