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Articles 61 - 90 of 102
Full-Text Articles in Property Law and Real Estate
Design Center Leasing - A Hybrid Approach, Richard J. Sobelsohn
Design Center Leasing - A Hybrid Approach, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Insuring Sustainable Homeownership, David Reiss
Insuring Sustainable Homeownership, David Reiss
Faculty Scholarship
No abstract provided.
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Brooklyn Journal of Corporate, Financial & Commercial Law
Municipal bankruptcies are unpredictable. There are several reasons for this statement— municipal bankruptcies are rare, involvement of the state itself in the process varies according to the governing state law, and chapter 9, the Bankruptcy Code chapter governing the municipal bankruptcy process, has many gaps. Congress constructed the modern chapter 9 on a foundation of corporate bankruptcy law, a foundation whose roots—corporate finance—are significantly different from the rules governing municipal finance. In this Article, Professor Moringiello aims a spotlight on the property roots of private bankruptcy law and compares them to the promissory and statutory roots of municipal finance law …
Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn
Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn
Brooklyn Journal of International Law
This Note examines the controversy of the EB-5 Immigrant Investor Visa, which was created under the 1990 U.S. Immigration Act. The EB-5 Immigrant Investor Visa was meant to encourage foreign investment in U.S. real estate. Under the EB-5 immigrant visa program, an investor can obtain U.S. permanent residency through the EB-5 category, if the investor fulfills either of the two requirements. After an applicant proves they have met the requirements, the holder of the visa and their immediate family members can begin their paths to citizenship, first through the Greencard program. While created with good intent, the EB-5 visa program …
Property As A Management Institution, Lynda L. Butler
Property As A Management Institution, Lynda L. Butler
Brooklyn Law Review
The institution of property serves an important management function for society, guiding the use of resources among its members by delegating to the owner the power to decde how and when to use a resource. Under the dominant American approach, this delegation involves recognizing broad decision-making powers in the individual property owner. Grounded in an exclusion-based view of property, the dominant approach recognizes each property owner as a gatekeeper, with important in rem rights that bind all others—even those not in a direct relationship with the owner. Over time, courts and other lawmakers have developed doctrines and rules of law …
The Story Of Land, Christina Mulligan
Underwriting Sustainable Homeownership: The Federal Housing Administration And The Law Down Payment Loan, David Reiss
Underwriting Sustainable Homeownership: The Federal Housing Administration And The Law Down Payment Loan, David Reiss
Faculty Scholarship
No abstract provided.
Trends In Green Leasing: From The Early Days To Today, Richard J. Sobelsohn
Trends In Green Leasing: From The Early Days To Today, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Journal of Law and Policy
Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …
Deaccessioning: A Pragmatic Approach, Ardis E. Strong
Deaccessioning: A Pragmatic Approach, Ardis E. Strong
Journal of Law and Policy
Art museums are curators of ideas, preservers of culture, and educators on the evolving aesthetics and morals of society. As such, they play an important role in contemporary society and should be accessible to a wide and diverse audience. One important debate in how museums best serve the public interest involves the museum practice of deaccessioning. Historically, policies governing the proceeds museums receive when they deaccession (or remove) work from their collection have strictly limited the use of these funds to the purchase of new art. This policy is based on the idea that museums hold art for the public …
Emergency Takings, Brian Lee
Reforming Reit Taxation (Or Not), Bradley T. Borden
Reforming Reit Taxation (Or Not), Bradley T. Borden
Faculty Scholarship
No abstract provided.
Real Estate Documents Turn Green, Richard J. Sobelsohn
Real Estate Documents Turn Green, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Who Should Be Providing Mortgage Credit To American Households?, David J. Reiss
Who Should Be Providing Mortgage Credit To American Households?, David J. Reiss
Faculty Scholarship
No abstract provided.
Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss
Show Me The Note!, William K. Akina, Bradley T. Borden, David J. Reiss
Faculty Scholarship
No abstract provided.
Just Undercompensation: The Idiosyncratic Premium N Eminent Domain, Brian A. Lee
Just Undercompensation: The Idiosyncratic Premium N Eminent Domain, Brian A. Lee
Faculty Scholarship
No abstract provided.
Green Leasing - It's Not Just About Capital Expenditures, Richard J. Sobelsohn
Green Leasing - It's Not Just About Capital Expenditures, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Faculty Scholarship
No abstract provided.
The Emperor's New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss
The Emperor's New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss
Faculty Scholarship
No abstract provided.
Reforming The Residential Mortgage-Backed Securities Market, David Reiss
Reforming The Residential Mortgage-Backed Securities Market, David Reiss
Faculty Scholarship
No abstract provided.
Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss
Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss
Faculty Scholarship
No abstract provided.
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Faculty Scholarship
No abstract provided.
The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas L. Longhofer
The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas L. Longhofer
Faculty Scholarship
No abstract provided.
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Faculty Scholarship
No abstract provided.
The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas Longhofer
The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas Longhofer
Faculty Scholarship
No abstract provided.
Landlords Of Last Resort: Should The Government Subsidize The Mortgages Of Privately-Owned, Small Multifamily Buildings?, David Reiss
Faculty Scholarship
No abstract provided.
Fannie Mae And Freddie Mac And The Future Of Federal Housing Finance Policy: A Study Of Regulatory Privilege, David Reiss
Fannie Mae And Freddie Mac And The Future Of Federal Housing Finance Policy: A Study Of Regulatory Privilege, David Reiss
Faculty Scholarship
No abstract provided.
First Principles For And Effective Federal Housing Policy, David Reiss
First Principles For And Effective Federal Housing Policy, David Reiss
Faculty Scholarship
No abstract provided.
A Property Theory Of Contract, Andrew S. Gold
A Property Theory Of Contract, Andrew S. Gold
Faculty Scholarship
No abstract provided.