Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Progressive Property Moving Forward, Timothy M. Mulvaney Sep 2014

Progressive Property Moving Forward, Timothy M. Mulvaney

Faculty Scholarship

In his thought-provoking recent article, “The Ambition and Transformative Potential of Progressive Property,” Ezra Rosser contends that, in the course of laying the foundations of a theory grounded in property’s social nature, scholars who participated in the renowned 2009 Cornell symposium on progressive property have “glossed over” property law’s continuing conquest of American Indian lands and the inheritance of privileges that stem from property-based discrimination against African Americans. I fully share Rosser’s concerns regarding past and continuing racialized acquisition and distribution, if not always his characterization of the select progressive works he critiques. Where I focus in this essay, though, …


Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell Jul 2014

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

Faculty Scholarship

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 Honey Trap: How Pesticide Regulations Hold The Key To Honey Bee Survival Jan 2014

The Honey Trap: How Pesticide Regulations Hold The Key To Honey Bee Survival

Texas A&M Journal of Property Law

No abstract provided.


Field Of Dreams: Is The Movie Site's Commercialization A Dream Plan With Significant Benefits Or A Nightmare Script With Crippling Effects?, Michael J. Mcgraw Jan 2014

Field Of Dreams: Is The Movie Site's Commercialization A Dream Plan With Significant Benefits Or A Nightmare Script With Crippling Effects?, Michael J. Mcgraw

Texas A&M Journal of Property Law

This Comment will detail the field’s powerful attraction, discuss and analyze the applicable zoning laws and governing case law associated with comparable property disputes in relation to the present facts, praise the use of tax rebates to help subsidize the project, and assert that the public sector could have established even further requirements for the private business to meet before receiving such substantial public funds.