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Selected Works

2019

Property Law and Real Estate

Property Law

Articles 1 - 5 of 5

Full-Text Articles in Law

14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern Sep 2019

14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern

James Y. Stern

No abstract provided.

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Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg Sep 2019

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.

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Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney Sep 2019

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

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14th Brigham-Kanner Property Rights Conference: Property Rights In Water, Renee Moulin, Holly Doremus, Robert Abrams, Eric Alston, Linda A. Malone Sep 2019

14th Brigham-Kanner Property Rights Conference: Property Rights In Water, Renee Moulin, Holly Doremus, Robert Abrams, Eric Alston, Linda A. Malone

Linda A. Malone

No abstract provided.

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The Governance Function Of Constitutional Property, Lynda L. Butler Sep 2019

The Governance Function Of Constitutional Property, Lynda L. Butler

Lynda L. Butler

Contemporary takings scholarship has devoted much attention to the problem of regulatory takings and has largely assumed that physical takings are resolved under a clear but simplistic per se rule. Under that rule, modern courts automatically find a physical taking whenever government action causes a permanent physical invasion of property, regardless of the context or the importance of the public interest. Applying this bright-line rule has proved to be difficult because it ignores the nuances of physical takings situations and the complexities of modern property arrangements. Should the physical takings concept apply to a rent control law that limits the …

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