Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Texas A&M University School of Law (7)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Pittsburgh School of Law (6)
- William & Mary Law School (5)
- Columbia Law School (4)
-
- Brooklyn Law School (3)
- University of Pennsylvania Carey Law School (3)
- American University Washington College of Law (2)
- Cornell University Law School (2)
- Duke Law (2)
- SJ Quinney College of Law, University of Utah (2)
- Singapore Management University (2)
- University of Missouri School of Law (2)
- Cleveland State University (1)
- Georgetown University Law Center (1)
- Louisiana State University Law Center (1)
- Old Dominion University (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- Suffolk University (1)
- The Peter A. Allard School of Law (1)
- University of Arkansas, Fayetteville (1)
- University of Colorado Law School (1)
- University of Denver (1)
- University of Florida Levin College of Law (1)
- University of Miami Law School (1)
- University of New Mexico (1)
- University of North Carolina School of Law (1)
- Washington and Lee University School of Law (1)
- Wayne State University (1)
- Keyword
-
- Property (11)
- Intellectual property (5)
- Foreclosure (4)
- Zoning (4)
- Governance (3)
-
- Housing (3)
- Knowledge commons (3)
- Land use (3)
- Property law (3)
- Takings (3)
- 170(h) (2)
- Affordable housing (2)
- Blockchain (2)
- Commons in the cultural environment (2)
- Cultural commons (2)
- Data commons (2)
- Eminent domain (2)
- Information commons (2)
- Knowledge pools (2)
- Law (2)
- Legal history (2)
- Patents (2)
- Private property (2)
- Privatization (2)
- Property rights (2)
- Science commons (2)
- Valuation (2)
- 8283 (1)
- ADU (1)
- Adequate Notice (1)
- Publication
-
- Faculty Scholarship (16)
- Faculty Publications (8)
- Nevada Supreme Court Summaries (6)
- Articles (4)
- All Faculty Scholarship (3)
-
- Book Chapters (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Research Collection Yong Pung How School Of Law (2)
- Utah Law Faculty Scholarship (2)
- All Faculty Publications (1)
- Arkansas Law Notes (1)
- Cornell Law Faculty Publications (1)
- Cornell Law Library Prize for Exemplary Student Research Papers (1)
- Faculty Journal Articles and Book Chapters (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Research Publications (1)
- Library Staff Publications (1)
- Publications (1)
- STEMPS Faculty Publications (1)
- Scholarly Articles (1)
- Student Scholarship (1)
- Sturm College of Law: Faculty Scholarship (1)
- Suffolk University Law School Faculty Works (1)
- UF Law Faculty Publications (1)
Articles 1 - 30 of 63
Full-Text Articles in Law
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti
Research Collection Yong Pung How School Of Law
The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …
Personal Property Security Law: International Ambitions And Local Realities, Giuliano G. Castellano, Andrea Tosato
Personal Property Security Law: International Ambitions And Local Realities, Giuliano G. Castellano, Andrea Tosato
All Faculty Scholarship
Personal property security law is a key element of “access to credit” and “financial inclusion”. The prevailing view is that a legal framework enabling the effective use of personal property as collateral markedly benefits both lenders and borrowers. Lenders can offer financing at a lower cost thanks to reduced credit risk; borrowers can access funding by leveraging the otherwise unavailable value of the assets integral to their operations.
Over the past century, the priorities of personal property security law have evolved fundamentally. As small and medium-sized enterprises (SMEs) and individual entrepreneurs have become the growth engine of both developed and …
Condominium Government And The Right To Live In The City, Douglas C. Harris
Condominium Government And The Right To Live In The City, Douglas C. Harris
All Faculty Publications
Condominium is an architecture of land ownership that produces separate, privately owned units within multi-unit developments. Condominium also constructs a form of private, democratic government, described as a fourth order of government, that acts beneath federal and provincial governments, and alongside municipal government, to govern owners and their property. This article considers a conflict between residential-unit owners and a commercial-unit owner within a condominium development in Vancouver’s Downtown Eastside. Drawing from material produced in litigation, the article situates the dispute within its property and urban contexts to argue that condominium government requires attention, and not just for its impact on …
The Implications Of Environmental Law And Latino Property Rights On Modern-Age Border Security: Rejecting A Physical Border And Embracing A Virtual Wall, Kevin Hernandez
The Implications Of Environmental Law And Latino Property Rights On Modern-Age Border Security: Rejecting A Physical Border And Embracing A Virtual Wall, Kevin Hernandez
Student Scholarship
For many, the construction of a physical border is a rational solution to national security concerns at the southern border. However, there is much evidence indicating that the negative impacts of building a physical border wall far outweigh its benefits. Particularly, the border region’s eco-systems have much to lose in the form of extinctions, biodiversity reduction, and critical habitat destruction. On top of that, a number of Latino communities would be the victims of various eminent domain claims that would strip them of land that, in many cases, has been in their family for multiple gener- ations. The broad, almost …
Community In Property: Lessons From Tiny Homes Villages, Lisa T. Alexander
Community In Property: Lessons From Tiny Homes Villages, Lisa T. Alexander
Faculty Scholarship
The evolving role of community in property law remains undertheorized. While legal scholars have analyzed the commons, common interest communities, and aspects of the sharing economy, the recent rise of intentional co-housing communities re-mains relatively understudied. This Article analyzes tiny homes villages for unhoused people in the United States, as examples of co-housing communities that create a new housing tenure—stewardship—and demonstrate the growing importance of community, co-management, sustainability, and flexibility in con-temporary property law. These villages’ property relationships challenge the predominance of individualized, exclusionary, long-term, fee simple ownership in contemporary property law and exemplify property theories such as progressive property …
Perpetual Affordability Covenants: Can These Land Use Tools Solve The Affordable Housing Crisis?, Elizabeth Elia
Perpetual Affordability Covenants: Can These Land Use Tools Solve The Affordable Housing Crisis?, Elizabeth Elia
Faculty Scholarship
Approximately 3.8 million privately-owned residential housing units in America today contain affordability covenants recorded in their chains of title. State and local agencies and the District of Columbia use these covenants to ensure that publicly-subsidized properties are actually used to provide affordable housing. With rents at all-time highs and stagnant wages, the affordable housing crisis has reached a fever pitch. House Democrats are proposing billions more in housing subsidy. To the extent those funds subsidize privately-owned housing development they, too, will be secured by affordability covenants. In response to this crisis, a new trend in high cost markets is to …
Reconsidering The Strength Of The Boundary Line, Sarah Schindler
Reconsidering The Strength Of The Boundary Line, Sarah Schindler
Sturm College of Law: Faculty Scholarship
I was thrilled when I discovered Property’s Edges, a recent article by David Dana and Nadav Shoked, who are both at Northwestern University School of Law. Their article sets up an extremely helpful framework to think about boundaries, borders, and the liminal spaces in between purely public and purely private. Specifically, Dana and Shoked suggest that property law distinguishes the borders of an asset from its center. Thus, we have (or should have) weaker rights of ownership in the edges of an asset, which are close to its boundary with private property, than we do at its core.
Researching And Keeping Up To Date With Real Estate Law In Virginia, Frederick W. Dingledy
Researching And Keeping Up To Date With Real Estate Law In Virginia, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
Responsible Devolution Of Affordable Housing, Andrea Boyack
Responsible Devolution Of Affordable Housing, Andrea Boyack
Faculty Publications
The federal government has been heavily involved in promoting housing affordability since the 1930s and continues to have a critical role to play. Over the past several decades, the federal government has financed affordability by promoting development and income subsidies, but specific allocation decisions have devolved. Housing inequities can best be addressed locally, but only if localities are held to high standards of fairness and regional coordination is facilitated. Successful and sustainable local solutions to housing affordability will also require a substantial financial investment, one that the federal government can and should reliably and adequately provide. Each year, Congress permits …
(Under)Enforcement Of Poor Tenants' Rights, Kathryn A. Sabbeth
(Under)Enforcement Of Poor Tenants' Rights, Kathryn A. Sabbeth
Faculty Publications
Millions of tenants in the United States reside in substandard housing conditions ranging from toxic mold to the absence of heat, running water, or electricity. These conditions constitute blatant violations of law. The failure to maintain housing in habitable condition can violate the warranty of habitability, common law torts, and, in some cases, consumer protection and antidiscrimination statutes. Well-settled doctrine allows for tenants’ private rights of action and government enforcement. Yet the laws remain underenforced.
This Article demonstrates that the reason for the underenforcement is that the tenants are poor. While the right to safe housing extends to all tenants, …
Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood
Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood
Nevada Supreme Court Summaries
The Court determined that (1) implied payment obligations for common elements, contained in the property declaration, can provide adequate notice and create a common-interest community; and (2) NRS 116.3101(1) does not apply to common-interest communities formed before 1992, therefore the unit-owners’ association does not need to be organized before or at the time the first unit is conveyed.
Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler
Murr V. Wisconsin And The Inherent Limits Of Regulatory Takings, Lynda L. Butler
Faculty Publications
This article examines the confusion surrounding constitutional protection of property under the substantive due process and takings clauses, using Murr as a springboard for reconsidering the substantive due process/takings distinction and asking whether the regulatory takings doctrine should remain a viable constitutional concept despite its muddled principles. While powerful reasons support treating as compensable economic regulations that are functionally equivalent to physical takings, important differences between physical and regulatory takings need to be recognized as limits to the degree of equivalence possible and therefore to the regulatory takings doctrine. A look back at the evolutionary paths of substantive due process, …
The State Of Exactions, Timothy M. Mulvaney
The State Of Exactions, Timothy M. Mulvaney
Faculty Scholarship
In Koontz v. St. Johns River Water Management District, the Supreme Court slightly expanded the range of circumstances involving conditional land use permits in which heightened judicial scrutiny is appropriate in a constitutional “exaction” takings case. In crafting a vision of regulators as strategic extortionists of private property interests, though, Koontz prompted many takings observers to predict that the case would provide momentum for a more significant expansion of such scrutiny in takings cases involving land use permit conditions moving forward, and perhaps even an extension into other regulatory contexts, as well.
Five years on, this Article evaluates the extent …
Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda
Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda
Nevada Supreme Court Summaries
The Court held that (1) under Nevada's HOA foreclosure redemption statute NRS 116.31166(3) a homeowner may use proceeds from the foreclosure sale to go towards redemption of the property; and (2) that sufficient compliance with the statute is enough to satisfy the statute's requirements.
Resources Group, Llc V. Nevada Association Services, Inc., 135 Nev. Adv. Op. 8 (Mar. 14, 2019), Alfa Alemayehu
Resources Group, Llc V. Nevada Association Services, Inc., 135 Nev. Adv. Op. 8 (Mar. 14, 2019), Alfa Alemayehu
Nevada Supreme Court Summaries
The Court determined that each party in a quiet title action has the burden of demonstrating superior title. Further, once a bid is accepted and payment is made, the foreclosure sale is complete and title vests in the purchaser, and the person conducting the sale does not have discretion to refuse issuing the foreclosure deed. Lastly, the correct standard for determining whether to set aside a sale on equitable grounds is whether there has been some showing of fraud, unfairness, or oppression affecting the sale.
Daisy Trust V. Wells Fargo Bank, N.A., 135 Nev. Adv. Op.30 (Jul. 25, 2019), Julia Armendariz
Daisy Trust V. Wells Fargo Bank, N.A., 135 Nev. Adv. Op.30 (Jul. 25, 2019), Julia Armendariz
Nevada Supreme Court Summaries
The Court determined that (1) NRS § 106.210 and NRS § 111.325 do not require a beneficiary to be identified on the publicly recorded deed of trust to establish ownership interest in the subject loan and (2) a loan service agreement or an original promissory note is not required to by the loan servicer to assert the Federal Foreclosure Bar on another’s behalf so long as properly authenticated business records can establish the ownership interest and (3) The Federal Foreclosure Bar preempts NRS § 116.3116(2) and prevents an HOA foreclosure sale from extinguishing the first deed of trust.
Knowledge Commons (2019), Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Knowledge Commons (2019), Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg
Book Chapters
This chapter provides an introduction to and overview of the knowledge commons research framework. Knowledge commons refers to an institutional approach (commons) to governing the production, use, management, and/or preservation of a particular type of resource (knowledge). The research framework supplies a template for interrogating the details of knowledge commons institutions on a case study basis, generating qualitative data that may be used to support comparative analysis.
Sfr Inv.’S Pool 1, Llc V. U.S. Bank Nat’L Ass’N, 135 Nev. Adv. Op. 45 (Sept. 26, 2019), Brittni Tanenbaum
Sfr Inv.’S Pool 1, Llc V. U.S. Bank Nat’L Ass’N, 135 Nev. Adv. Op. 45 (Sept. 26, 2019), Brittni Tanenbaum
Nevada Supreme Court Summaries
When a court grants retroactive annulment for an automatic bankruptcy stay on a property, a sale of the property during the stay will not be set aside, unless it can be shown that fraud, oppression, or unfairness occurred during the sales process.
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Reclaiming State Authority Over Zoning Property, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
In 2019, Oregon became the first state to pass legislation that essentially bans single-family zoning.' As states across the country struggle to respond to the housing affordability crisis, Oregon's actions do not stand alone. John Infranca's recent article, The New State Zoning: Land Use Preemption Amid a Housing Crisis, may have been published before Oregon's historic vote but it is essential reading for those interested in the future of zoning.
Historic Partition Law Reform: A Game Changer For Heirs’ Property Owners, Thomas W. Mitchell
Historic Partition Law Reform: A Game Changer For Heirs’ Property Owners, Thomas W. Mitchell
Faculty Scholarship
Over the course of several decades, many disadvantaged families who owned property under the tenancy-in-common form of ownership—property these families often referred to as heirs’ property—have had their property forcibly sold as a result of court-ordered partition sales. For several decades, repeated efforts to reform State partition laws produced little to no reform despite clear evidence that these laws unjustly harmed many families. This paper addresses the remarkable success of a model State statute named the Uniform Partition of Heirs Property Act (UPHPA), which has been enacted into law in several States since 2011, including in five southern States. The …
Financing The American Dream, David Reiss
Property In Digital Coins, J.G. Allen
Property In Digital Coins, J.G. Allen
Research Collection Yong Pung How School Of Law
Digital coins have burst into mainstream awareness recently, mainly as a result of high-worth ‘Initial Coin Offerings’ (‘ICOs’). The most immediate question in the legal treatment of digital coins is whether they are properly seen as digital ‘commodities’, and/or as ‘securities’, and/or as units of ‘money’. But the conceptual underpinnings of these categories are not clear, nor is it clear how these categories relate to each other; no legal system currently deals adequately with incorporeal objects as objects of property law. This category includes not only digital coins but also some forms of conventional money and securities. Establishing a satisfactory …
Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks, Turney Berry, Jonathan G. Blattmachr, Jason E. Havens, Nancy A. Mclaughlin, James Slaton, Steve Swartz, Philip Tabas
Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks, Turney Berry, Jonathan G. Blattmachr, Jason E. Havens, Nancy A. Mclaughlin, James Slaton, Steve Swartz, Philip Tabas
Utah Law Faculty Scholarship
In October 2015, the American Bar Association’s Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force’s work.
Part I of the Report is an Executive Summary of the Task Force’s recommendations. Part II provides the background necessary to understand the Task Force’s recommendations. Part III briefly sets forth the Task Force’s comments on the Tax Cuts and Jobs Act of 2017 as it relates to charitable …
From Nuisance To Environmental Protection In Continental Europe, Vanessa Casado-Pérez, Carlos Gomez Liguerre
From Nuisance To Environmental Protection In Continental Europe, Vanessa Casado-Pérez, Carlos Gomez Liguerre
Faculty Scholarship
This paper analyzes the evolution and complexity of the legal response to neighboring conflicts in European civil law countries. All of the civil codes analyzed (France, Germany, Spain, Netherlands, and Catalonia) are based on Roman Law rules that are not always clear. The fuzziness of those Roman Law rules explains, in part, why despite this common origin, the Civil Codes did not respond homogeneously to nuisances. The first subsection briefly describes the institution of nuisance in Roman Law. Then, the paper describes the original codification of nuisance and the changes in the treatment of this institution. After assessing the initial …
Residential Mortgage Default And The Constraints Of Junior Liens, R. Wilson Freyermuth, Dale A. Whitman
Residential Mortgage Default And The Constraints Of Junior Liens, R. Wilson Freyermuth, Dale A. Whitman
Faculty Publications
Our purpose in this Article is to show how and why junior liens impose these constraints on the process of resolving residential mortgage loan defaults, and to suggest some changes in the law that can restore a measure of desirable flexibility for borrowers and servicers in negotiating default resolutions. At the same time, these suggestions take into account, as they must, the need for fairness in respecting the legitimate rights of junior lienholders.
Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Lee
Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Lee
Faculty Scholarship
No abstract provided.
Crime And Punishment In Gold Country : A Historical Case-Study, Shih-Chun Steven Chien, Lawrence M. Friedman
Crime And Punishment In Gold Country : A Historical Case-Study, Shih-Chun Steven Chien, Lawrence M. Friedman
Law Faculty Articles and Essays
Rural life, small town life, is not and has never been idyllic. It has always had its share of pathology, sometimes deep pathology. Small town life is not necessarily traditional life, close-knit family life, neighborly life. That kind of life certainly exists; but America was never a traditional society in that sense. Its small towns were full of strangers. The population of El Dorado County, small as it was, had been growing rapidly. Like America in general, El Dorado County had its share of anomie; rootless men (and women), without strong relationships: ships without anchors, driftwood on the sea of …
Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee
Uncompensated Takings: Insurance, Efficiency, And Relational Justice, Brian Angelo Lee
Faculty Scholarship
No abstract provided.
The Right Of Publicity's Intellectual Property Turn, Jennifer E. Rothman
The Right Of Publicity's Intellectual Property Turn, Jennifer E. Rothman
All Faculty Scholarship
The Article is adapted from a keynote lecture about my book, THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD (Harvard Univ. Press 2018), delivered at Columbia Law School for its symposium, “Owning Personality: The Expanding Right of Publicity.” The book challenges the conventional historical and theoretical understanding of the right of publicity. By uncovering the history of the right of publicity’s development, the book reveals solutions to current clashes with free speech, individual liberty, and copyright law, as well as some opportunities for better protecting privacy in the digital age.
The lecture (as adapted for this Article) explores …
Trying Times: Conservation Easements And Federal Tax Law (April 2019), Nancy Mclaughlin
Trying Times: Conservation Easements And Federal Tax Law (April 2019), Nancy Mclaughlin
Utah Law Faculty Scholarship
Since 2006, the Tax Court, District Courts, and Circuit Courts have collectively issued more than one-hundred decisions relating to the federal charitable income tax deduction for the donation of perpetual conservation easements. This outline discusses these court decisions and other developments in the conservation easement donation context. The outline was prepared for a May 3rd, 2019, program of the same name at the University of Utah S.J. Quinney College of Law. Presenters at the program were Nancy A. McLaughlin, Professor of Law, University of Utah S.J. Quinney College of Law; Stephen J. Small, Attorney at Law, Law Office of Stephen …