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Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In this article, I show how a coherent legal narrative must capture the revolution's radical policy by abandoning the no tort liability rule, which can be done in a number of ways: an open acknowledgement that the duty to repair creates a new property right that must be enforced by a property rule or more subtly through the use of both traditional and modern tools of jurisprudence, that is, legal fictions, equitable maxims and economic efficiency analysis. This article proceeds with a discussion of the common law landlord-tenant law, the adoption of the implied warranty of habitability, along with the …
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.