Law Commons^™

Mitigating Catastrophe Risk For Landowners, Stewart E. Sterk

Articles

Local, national, and global catastrophes entail significant risk for landowners. The government-sponsored National Flood Insurance Program illustrates how subsidizing insurance against catastrophe risk can result in overinvestment in risk-prone properties. Government intervention, however, has largely been a response to the historical failure of the private insurance industry to provide adequate protection against correlated risks, a failure with the potential to generate underinvestment in land and devastate existing owners.

When data is available about the incidence and severity of potential disasters, improvements in technology have made it more feasible for insurers to calibrate premiums and discounts with greater accuracy, and sophisticated …

The Fundamental Building Blocks Of Social Relations Regarding Resources: Hohfeld In Europe And Beyond, Anna Di Robilant, Talha Syed

Faculty Scholarship

In the hundred years since Hohfeld published his two “Fundamental Legal Conceptions” articles, the “bundle-of-rights” view of property associated with his work has come to enjoy the status of conventional wisdom in American legal scholarship. Seen as a corrective to lay conceptions and a predecessor “Blackstonian” view of property as the “sole and despotic dominion” of an “owner” over a thing, the central insight of Hohfeldian analysis is standardly taken to be that property is not a single “thing” but rather a “bundle of rights” with respect to things and persons. In recent years, however, this Hohfeldian view has come …

Possessing Intangibles, João Marinotti

Articles by Maurer Faculty

The concept of possession is currently considered inapplicable to intangible assets, whether data, cryptocurrency, or NFTs. Under this view, intangible assets categorically fall outside the purview of property law’s foundational doctrines. Such sweeping conclusions stem from a misunderstanding of the role of possession in property law. This Article refutes the idea that possession constitutes—or even requires—physical control by distinguishing possession from another foundational concept, that of thinghood. It highlights possession’s unique purpose within the property process: conveying the status of in rem claims. In property law, the concept of possession conveys to third parties the allocation of property rights and …

Property And Local Knowledge, Malcolm Lavoie

Catholic University Law Review

Property rights play an important but largely under-appreciated role in channeling local knowledge into decisions about physical resources. Property devolves decision-making authority to a dispersed pool of owners, who are likely to be aware of local conditions relevant to their resources. As a result, property owners are often in a position to make better-informed decisions about the use of the resource than other parties. The homeowner who preemptively repairs an old roof, the retailer who offers a new product for sale, and the farmer who decides to switch crops are all decision-makers who are empowered through property rights to act …

Fee Simple Failures: Rural Landscapes And Race, Jessica A. Shoemaker

Michigan Law Review

Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of …

Property As Rent, Faisal Chaudhry

St. John's Law Review

(Excerpt)

What is property? Over the course of the past two decades, legal scholars have reopened this question in a highly visible and often fractious way. On one side of the renewed debate are those who have sought to restore an object-centered model of property as an in rem right to exclude; on the other are those who have sought to reorient the old adage that property is a “bundle of sticks” toward a new emphasis on property’s role in forging social relations and democratic community. Sometimes known as a split between the “ownership” versus “progressive property” models, as fruitful …

The Idea Of Public Utility In Expropriation, Brahimi Sihem

UAEU Law Journal

The right of ownership is one of the basic rights that satisfies human nature and nourishes the survival instinct. It constitutes one of the main pillars in the legal systems, but it must be in the interest of the public. This is important for the establishment of the state and its continuation, by gaining a special character in the field of expropriation as necessary to cover the exercise of its powers until the required actions acquire legitimacy and facilitate the acceptance by individuals, which is also used as a justification for the privileges of public authority.

Benko V. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019), Elizabeth Davenport

Nevada Supreme Court Summaries

The Court affirmed the district court’s order granting the motion to dismiss and determined that deed of trust trustees engaged in nonjudicial foreclosure would not be required to be licensed. The Court settled the conflicting provisions of NRS 107 governing the nonjudicial foreclosure process and NRS 649 governing agencies engaged in debt collection in Nevada by determining the comprehensive and specific scheme of NRS 107 for deed of trust trustees exercised authority over the generalized nature of NRS 649 governing debt collecting agency licensing requirements for nonjudicial foreclosures.Therefore, under NRS 107 deed of trust trustees are not required to be …

Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten

Ocean and Coastal Law Journal

In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and the …

The Role Of State Planning Law In The Regulation And Protection Of Ocean Resources, Edward J. Sullivan

Ocean and Coastal Law Journal

While land use planning is pervasive in the United States, legal structures for the planning and management of ocean resources are less well known or studied. The passage of the federal Coastal Zone Management Act in 1972 provided federal funds for state planning and regulation of coastal areas, with the incentive of binding federal agencies to state and regulations plans certified by the Secretary of Commerce. Most of the focus of CZMA study has been on estuaries and coastal shorelands; much less focus has been on coastal waters. Regarding coastal waters, more attention is given to the three mile ocean …

Say What You Mean! How Arkansas Courts Are Contradicting The Default Rule Of Tenancy In Common, Joel Hutcheson

Arkansas Law Notes

In 2015, the Arkansas Court of Appeals ruled that a warranty deed with the grantees listed as “Herbert Love and Gloria Love” vested the property in a tenancy by the entirety. There was no language in the deed designating the grantees as a married couple, such as “husband and wife” or “tenants by the entirety.” In fact, the only way someone reading the deed would know that the grantees were married was that the grantees were also the grantors, where it listed them as husband and wife. The court made its decision by looking to precedent case law which states …

Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell

Thomas W. Mitchell

Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …

The Sharing Stick In The Property Rights Bundle: The Case Of Short Term Rentals & Hoas, Donald J. Kochan

Donald J. Kochan

Pride & Property: An Interdisciplinary Analysis Of Their Symbiotic Relationship, Donald J. Kochan

Donald J. Kochan

Property Rights In Augmented Reality, Declan T. Conroy

Michigan Telecommunications & Technology Law Review

Increasingly, cities, towns, and even rural communities are being slowly reshaped by a dynamic yet initially imperceptible phenomenon: the elaboration of augmented reality. Through applications that place virtual features over specific, real-world locations, layers of augmented reality are proliferating, adding new elements to an increasingly wide range of places. However, while many welcome the sudden appearance of arenas for battling digital creatures in their neighborhood or the chance to write virtual messages on their neighbor’s wall, the areas being augmented oftentimes are privately owned, thereby implicating property rights. Many intrusions, of course, are de minimis: an isolated, invisible Pikachu unexpectedly …

I Share, Therefore It's Mine, Donald J. Kochan

University of Richmond Law Review

No abstract provided.

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin

Marquette Sports Law Review

None

Property As Prophesy: Legal Realism And The Indeterminacy Of Ownership, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Property law, like all law, is indeterminate. This means that ownership itself is indeterminate and every owner is vulnerable to challenges based on unexpected legal rules or newly created ones. Even the most seemingly secure rights can be defeated or compromised if a clever-enough lawyer is retained to mount a challenge. The casebooks used in first-year property courses are full of examples. In the case of particularly valuable property, such as works of art, the motivation to fashion arguments to support ownership challenges is obvious. Short and strictly interpreted statutes of limitations can mitigate the risks to ownership by cabining …

Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen

University of Michigan Journal of Law Reform

This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive concerted scholarly …

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass

University of Richmond Law Review

Part I of this article will review the historical roots of civil asset

forfeiture law. Part II will provide a more modern history of these

laws and an overview of Virginia's current asset forfeiture

scheme. Part III will examine the criticism of Virginia's drugrelated

civil asset forfeiture laws and highlight due process concerns,

risk of abuse of power, and misallocation of priorities due

to the structure of these laws in Virginia. Finally, Part IV will

provide recommendations to reform Virginia's civil asset forfeiture

laws.

The End Of Ownership: Personal Property In The Digital Economy, Aaron Perzanowski, Jason Schultz

Books

An argument for retaining the notion of personal property in the products we “buy” in the digital marketplace.

The open access edition of this book was made possible by generous funding from Arcadia – a charitable fund of Lisbet Rausing and Peter Baldwin.

If you buy a book at the bookstore, you own it. You can take it home, scribble in the margins, put in on the shelf, lend it to a friend, sell it at a garage sale. But is the same thing true for the ebooks or other digital goods you buy? Retailers and copyright holders argue that …

General Rules For Contract Deviation For Sale Ownership, Mohamad Ali Ali Yousefkhani Mr

Mohamad Ali Ali Yousefkhani

Abstract Sale submission to vendor and price payment by buyer generally shows just the explicit and implied will of both parties and their loyalty to their own legal commitments. For that reason, chronological ownership comes to be true in private contacts, in which vendor holding the completely discretionary by sending the object of sale by post, third party or his legal representative, provides buyer with complete discretionary for the object. For this reason, contract holds the ownership face when sale really submitted to the buyer and vender pays the price completely. When the whole object contract matters, vendor has the …

The Possession Heuristic, James E. Krier, Christopher Serkin

Book Chapters

A heuristic, as Daniel Kahneman (2011: 98) observes, “is a simple procedure that helps find adequate, though often imperfect, answers to difficult questions.” Kahneman is a psychologist, one of a handful of scholars who have brought heuristics to the attention of a general audience, thanks in large part to several books (Kahneman, Slovic, and Tversky 1982; Gilovich, Driffin, and Kahneman 2002). Just as Thomas Kuhn’s 1962 ideas about paradigms in the history of science are fodder for academics in all sorts of fields (this for better or worse), so too for Kahneman and company’s ideas about heuristics, and legal academics …

Mindful Use: Gandhi's Non-Possessive Property Theory, Nehal A. Patel

Nehal A. Patel

TABLE OF CONTENTS

I. INTRODUCTION 2

II. ANASAKTIYOGA AND APARIGRAHA IN PRINCIPLE AND PRACTICE 4

III. SARVODAYA AND SWADESHI 9

IV. GANDHI’S THEORY OF TRUSTEESHIP AND THEORY OF RIGHTS 15

V. PROPERTY LAW AS PEACE: INTEGRATING GANDHI’S CORE CONCEPTS 21

Industry Career Guide Ownership Dwellings And Real Estate, Ma. Concepcion G. Latoja, Denise Serrano

Angelo King Institute for Economic and Business Studies (AKI)

This industry career guide on Ownership Dwelling and Real Estate (ODRE) aims to inform readers of the range of career options that are open to those who want to work in the industry. By presenting an array of occupations typically found in this field, the reader is informed of the basic requirements to land a specific job in this industry, the associated job environment and possibilities for job movement either in terms of promotion and/or moving laterally from one type of job to another within the industry. In the context of discussing job prospects, it lays out the issues surrounding …

Keepings, Donald J. Kochan

Donald J. Kochan

Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory Alexander

Gregory S Alexander

Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …

The Illusory Right To Abandon, Eduardo M. Peñalver

Eduardo M. Peñalver

The unilateral and unqualified nature of the right to abandon (at least as it is usually described) appears to make it a robust example of the law’s concern to safeguard the individual autonomy interests that many contemporary commentators have identified as lying at the heart of the concept of private ownership. The doctrine supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so, typically by renouncing possession of the object in a way that communicates the intent to forgo any future claim to it. A complication immediately arises, however, due to …