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Articles 1 - 13 of 13
Full-Text Articles in Law
License Revoked For Fatal Injury, Ross Sandler
License Revoked For Fatal Injury, Ross Sandler
Other Publications
No abstract provided.
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Reports and Resources
No abstract provided.
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva
Keeping Current - Probate [Notes], Claire Hargrove, Paula Moore, Kerri G. Nipp, William P. Lapiana, Jake W. Villanueva
Articles & Chapters
No abstract provided.
Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused
Moral Rights: The Anti-Rebellion Graffiti Heritage Of 5pointz, Richard H. Chused
Articles & Chapters
No abstract provided.
Land Use Regulation As A Framework To Create Public Space For Speech And Expression In The Evolving And Reconceptualized Shopping Mall Of The Twenty-First Century, Gerald Korngold
Articles & Chapters
Much has been written lately about the “death” of malls and large-scale shopping centers. The data show, however, that the great numbers of these malls and centers are not going extinct but rather are undergoing an evolution from the fortress-type, retail-focused mall of the 1970s to a twenty-first century model better attuned to current tastes of citizens and consumers. There are indeed significant challenges, including purchasing trends, troubled brick and mortar retail, increased online sales, and living choices. But despite some shock-value headlines, the data show that the number of malls and large centers continue to increase. Moreover, owners are …
Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold
Private Regimes In The Public Sphere: Optimizing The Benefits Of Common Interest Communities, Gerald Korngold
Articles & Chapters
No abstract provided.
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold
Globalizing Conservation Easements: Private Law Approaches For International Environmental Protection, Gerald Korngold
Articles & Chapters
For the past thirty years nonprofit organizations have revolutionized open space and habitat conservation in the United States through the use of conservation easements. Pursuant to legislation, nonprofits may now acquire and hold perpetual restrictions that prevent alteration of the subject land’s natural and ecological features. These rights can be held “in gross,” with the result that the nonprofit need not own land near the restricted property and can be based in a distant location.
As a result of this success, proponents in more recent years have advocated the export of “conservation easements” from the United States to other countries. …
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Private Conservation Easements: A Record Of Achievements And The Challenges Ahead, Gerald Korngold
Other Publications
Over the past 25 years, there has been a dramatic increase in the acquisition of conservation easements by nonprofit organizations. Privately held conservation easements, i.e., those held by nonprofits rather than governmental entities, have thus emerged as an important and growing tool for the preservation of natural and scenic features of the United States landscape.
Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold
Solving The Contentious Issues Of Private Conservation Easements: Promoting Flexibility For The Future And Engaging The Public Land Use Process, Gerald Korngold
Articles & Chapters
Over the past thirty years, statutes have reversed the common law and authorized private conservation organizations to hold conservation easements "in gross." These interests allow nonprofits to control the use and development of the burdened property by preventing alterations of the natural and ecological features. Conservation easements can be held by organizations geographically distant from the restricted land.
Conservation easements bring great benefits as they support conservation, represent private initiative, yield efficiency benefits, and exemplify freedom of choice of property owners. There are costs, however: significant federal and state tax subsidies, the lack of coordinated planning and public process, class …
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Enforcement Of Restrictions By Homeowners Associations: Balancing Individual Rights And Community Interests, Gerald Korngold
Articles & Chapters
Residential developments often create a general scheme of restrictions, operate common facilities, and establish an owners association to enforce the restrictions and operate the common areas. Private governments raise difficult public policy and legal issues. Private regimes should generally be enforced as they encourage the efficient use of land, allow choice in living arrangements, and foster participatory democracy. At the same time, though, the restrictions can offend personal autonomy, create inefficiencies, and permit undue control by past generations over present owners. The law should therefore enforce homeowners association covenants that prevent harmful fallout on the neighborhood, but they should not …
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Seller’S Damages From A Defaulting Buyer Of Realty: The Influence Of The Uniform Land Transactions Act On The Courts, Gerald Korngold
Articles & Chapters
No abstract provided.
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
Articles & Chapters
While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …