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Touro University Jacob D. Fuchsberg Law Center

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Full-Text Articles in Property Law and Real Estate

Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller Apr 2011

Strategic Default: The Popularization Of A Debate Among Contract Scholars, Meredith R. Miller

Scholarly Works

A June 2010 report estimates that roughly 20% of mortgage defaults in the first half of 2009 were “strategic.” “Strategic default” describes the situation where a home borrower has the financial ability to continue to pay her mortgage but chooses not to pay and walks away. The ubiquity of strategic default has lead to innumerable newspaper articles, blog posts, website comments and editorial musings on the morality of homeowners who can afford to pay but choose, instead, to walk away. This Article centers on the current public discourse concerning strategic default, which mirrors a continuing debate among scholars regarding whether …


Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance And Federal Quiet Acquiescence, Patricia E. Salkin, Zachary Kansler Jan 2011

Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance And Federal Quiet Acquiescence, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Sixteen states and the District of Columbia currently permit the medical use of marijuana, yet state statutes fail to account for the challenges that confront municipal planners and officials whose agenda includes public health, safety and welfare of residents, including minor children. The intensity of the problem is perhaps most evident in Los Angeles, where there are approximately 800 dispensaries. Varying statutory approaches are provided for individuals to legitimately acquire the drug - they may grow it themselves, they may obtain it from their primary caregiver, or they may obtain it from a licensed dispensary. This raises a number of …


Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn Jan 2010

Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn

Scholarly Works

No abstract provided.


New Urbanist Zoning For Dummies, Michael Lewyn Jan 2006

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.


Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin Jan 2006

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.


Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer Jan 2006

Takings Cases In The October 2004 Term (Symposium: The Seventeenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin Oct 2005

U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin

Scholarly Works

No abstract provided.


Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin Apr 2005

Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin

Scholarly Works

No abstract provided.


Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin Jan 2005

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Scholarly Works

No abstract provided.


Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz Jan 2003

Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz

Touro Law Review

No abstract provided.


U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin Jul 2002

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.


Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer Jan 2001

Palazzolo V. Rhode Island: The Supreme Court's Expansion Of Subsequent Owners' Rights Under The Takings Clause (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer

Scholarly Works

No abstract provided.


Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob Jan 1998

Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob

Touro Law Review

No abstract provided.


Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation Jan 1998

Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation

Touro Law Review

No abstract provided.


Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry Jan 1998

Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry

Touro Law Review

No abstract provided.


Governmental Takings, Court Of Appeals: Kim V. City Of New York Jan 1998

Governmental Takings, Court Of Appeals: Kim V. City Of New York

Touro Law Review

No abstract provided.


The Fair Housing Act, Leon D. Lazer Jan 1996

The Fair Housing Act, Leon D. Lazer

Touro Law Review

No abstract provided.


Takings Clause Jan 1995

Takings Clause

Touro Law Review

No abstract provided.


Jurisdiction Of The Supreme Court: Nestor V. Mcdowell Jan 1994

Jurisdiction Of The Supreme Court: Nestor V. Mcdowell

Touro Law Review

No abstract provided.


Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp. Jan 1994

Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp.

Touro Law Review

No abstract provided.


Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority Jan 1994

Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority

Touro Law Review

No abstract provided.


Freedom Of Speech And Press Jan 1993

Freedom Of Speech And Press

Touro Law Review

No abstract provided.


Real Property Taxation And Regulation, Honorable Leon D. Lazer Jan 1993

Real Property Taxation And Regulation, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Searches And Seizure Jan 1992

Searches And Seizure

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York Jan 1988

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.