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Articles 1 - 30 of 80
Full-Text Articles in Property Law and Real Estate
Subsurface Trespass In The Restatement (Fourth) Of Property: An Appraisal And Alternative Account, Joseph A. Schremmer
Subsurface Trespass In The Restatement (Fourth) Of Property: An Appraisal And Alternative Account, Joseph A. Schremmer
Faculty Articles
Building on the scholarly work of leading property theorists Henry Smith and Thomas Merrill, the recently approved Fourth Tentative Draft of the Restatement (Fourth) of Property prescribes treating all entries below ground as ordinary trespasses. That includes entries in the shallow subsurface by building foundations and utility lines, as well as invasions in the deep subsurface by mining shafts, oil and gas wells, and substances injected for disposal and storage. The Restatement comes at an important time in the development of subsurface trespass law, as developers, courts, and policymakers grapple with the growing use of subsurface technologies for horizontal drilling, …
Conflicts And Confluences Between Surface And Mineral Estates With Ccus, Joseph Schremmer
Conflicts And Confluences Between Surface And Mineral Estates With Ccus, Joseph Schremmer
Faculty Articles
Carbon capture, utilization, and storage (CCUS) presents a new way of using an old resource: the subterranean rock structures and their interstitial “pore” space that make up the subsurface of the earth. Injecting carbon into these structures also raises a number of new legal questions about their ownership and the relations between the owners of the structures and the owners of other subsurface resources contained within them, like oil and gas, coal, coalbed methane, and geologically native carbon dioxide. This Article explores these new legal questions and the conceptual difficulties they present with the aim of guiding participants in CCUS …
The Potential For Conflicts Between Ccs Projects And Mineral Extraction, Joseph Schremmer
The Potential For Conflicts Between Ccs Projects And Mineral Extraction, Joseph Schremmer
Faculty Articles
This article classifies the types of conflicts likely to occur between carbon dioxide sequestration and mineral extraction operations occurring simultaneously on the same tract of land. It then sets up framework for thinking through the legal disputes that may result. These are modest goals, and the central problem—concurrent carbon dioxide sequestration and mineral development—is more complex than can be fully analyzed here. I expect that much more work will need to be done on other important questions, hopefully building on this framework. Three further questions worthy of attention are (i) how these principles guide resolutions of specific kinds of disputes, …
A Path For Wealth And Cultural Restoration For The Gullah-Geechee Residents Of The Low Country (Reviewing Brenda D. Gibson, The Heirs' Property: Racial Caste Origins & Systemic Effects In The Black Community), Phyllis C. Taite
Other Faculty Publications
No abstract provided.
When The Dog Bites (Reviewing Richard C. Ausness, These Are A Few Of My Least Favorite Things, 34 Quinnipiac Prob. L. J. 231 (2021)), Katheleen Guzman
When The Dog Bites (Reviewing Richard C. Ausness, These Are A Few Of My Least Favorite Things, 34 Quinnipiac Prob. L. J. 231 (2021)), Katheleen Guzman
Other Faculty Publications
No abstract provided.
Ad Coelum And The Design Of Property Rights, Joseph Schremmer
Ad Coelum And The Design Of Property Rights, Joseph Schremmer
Faculty Articles
This Article seizes on a specific doctrinal discussion in Eric Claeys's Natural Property Rights to argue for the importance of understanding property doctrines in the context of a system of interconnecting rules and standards and not in isolation. The ad coelum doctrine provides that land ownership entails ownership of the suprajacent airspace as well as the underlying subsurface. As Claeys's discussion highlights, scholars disagree about the significance of ad coelum both conceptually, as to what function the rule serves in defining and allocating property, and normatively. It is only by viewing ad coelum in the context of how it interacts …
Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer
Subsurface Trespass: Private Remedies And Public Regulation, Joseph Schremmer
Faculty Articles
There is a growing literature examining when subsurface invasions from activities like tunneling, horizontal drilling, hydraulic fracturing, and waste disposal will constitute actionable subsurface trespasses. Liability for subsurface trespass has become an important question for many reasons, including that a significant climate-change technology, carbon dioxide sequestration, hinges on the ability to inject massive quantities of carbon dioxide underneath the land of many owners. To date, the subsurface trespass scholarship has paid relatively little attention to two topics downstream of liability:private remedies for trespassing subsurface activities. This Article provides a high level account of the role of, and relationship between, private …
The Concurrent Use Of Land For Carbon Sequestration And Mineral Development, Joseph Schremmer
The Concurrent Use Of Land For Carbon Sequestration And Mineral Development, Joseph Schremmer
Faculty Articles
As carbon capture and sequestration projects gain momentum across the United States, questions about the coordination of sequestration with mineral extraction—especially oil and gas development—are growing in urgency. Using many of the same technologies, these two marvels of modern ingenuity aim to exploit the same subsurface resources for different purposes: one to bring out the hydrocarbons and the other to put away the byproducts of their combustion. From needing to drill through each other’s operations to reach deeper strata, to competing for the use of reservoir storage space (“pore space”), mineral development and carbon sequestration projects are sure to clash, …
Remediating Injustices For Black Land Loss: Taking The Next Step To Protect Heirs' Property, Phyllis C. Taite
Remediating Injustices For Black Land Loss: Taking The Next Step To Protect Heirs' Property, Phyllis C. Taite
Faculty Articles
No abstract provided.
A Whole Sale Or Wholesaling: Regulating The Wild West Of Real Estate Purchase Contract Resale, Rebecca Braun-Harrison
A Whole Sale Or Wholesaling: Regulating The Wild West Of Real Estate Purchase Contract Resale, Rebecca Braun-Harrison
Oklahoma Law Review
No abstract provided.
A Unifying Doctrine Of Subsurface Property Rights, Joseph Schremmer
A Unifying Doctrine Of Subsurface Property Rights, Joseph Schremmer
Faculty Articles
This Article advances the “fair opportunity doctrine,” a theory of subsurface property rights that systematizes the case law in this confused area using formal legal reasoning. This theory offers a jurisprudential approach to analyzing private law that can then be applied to the field of subsurface property. This approach emphasizes the law’s role in providing ex ante guidance to members of a community in ordering their affairs and interactions with others and the importance of coherence in that function. On this basis, the “fair opportunity doctrine” improves substantially on the current state of subsurface property law and demonstrates the potential …
Housing Injustice And The Summary Eviction Process: Beyond Lindsey V. Normet, Kathryn Ramsey Mason
Housing Injustice And The Summary Eviction Process: Beyond Lindsey V. Normet, Kathryn Ramsey Mason
Oklahoma Law Review
No abstract provided.
Waste And The Governance Of Private And Public Property, Tara Righetti, Joseph Schremmer
Waste And The Governance Of Private And Public Property, Tara Righetti, Joseph Schremmer
Faculty Articles
Common law waste doctrine is often overlooked as antiquated and irrelevant to modern law as a result of contract, corporate law, trust and estate planning, and public law. At best, waste doctrine is occasionally examined as a lens through which to evaluate evolutions in modern property theory. We argue here that waste doctrine is more than just an historical artifact. Rather, the principle embedded in waste doctrine underpins a great deal of property law generally, both common law and statutory, as well as the law governing oil and gas, water, and public trust resources. Seen for what it is, the …
Pore Space Property, Joseph Schremmer
Pore Space Property, Joseph Schremmer
Faculty Articles
Through modern technology, we can use the void pore space of underground rock formations for a growing number of socially beneficial purposes. These run the gamut from unconventional oil and gas production to climate change mitigation. The common law of property and tort, however, has struggled to keep up. Significant questions remain about the nature of property rights in pore space. Of particular interest are the limits, if any, on an owner’s right to use pore space for beneficial purposes when it extends beneath the land of another. For example, may A hydraulically fracture an oil well on her property …
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer
Faculty Articles
Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise — for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort …
Growing Pains: Using Racketeering Law To Protect Property Rights From State-Sanctioned Marijuana Operations, Marci J. Gracey
Growing Pains: Using Racketeering Law To Protect Property Rights From State-Sanctioned Marijuana Operations, Marci J. Gracey
Oklahoma Law Review
No abstract provided.
Frontier Feudalism: Agrarian Populism Meets Future Interest Arcana In The Land Of Manifest Destiny, Gerard Michael D’Emilio
Frontier Feudalism: Agrarian Populism Meets Future Interest Arcana In The Land Of Manifest Destiny, Gerard Michael D’Emilio
Oklahoma Law Review
No abstract provided.
Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale
Real Property E-Conveyances And E-Recordings: The Solution Or Cause Of Mortgage Fraud, Spencer Hale
Oklahoma Journal of Law and Technology
No abstract provided.
Security Interests In Deposit Accounts, Securities Accounts, And Commodity Accounts: Correcting Article 9’S Confusion Of Contract And Property, Thomas E. Plank
Security Interests In Deposit Accounts, Securities Accounts, And Commodity Accounts: Correcting Article 9’S Confusion Of Contract And Property, Thomas E. Plank
Oklahoma Law Review
No abstract provided.
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Testimony On Unmanned Aircraft Systems Rules And Regulations, Stephen Henderson
Other Faculty Publications
Chairman Barrington, Vice Chair Brooks, members of the Committee on Public Safety, Senators, and distinguished guests, I am grateful for the opportunity to speak to you today about unmanned aerial systems, or drones, and more particularly about their federal constitutional implications and what might be the constitutional restrictions on any legislation you might like to enact. I am the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma, where my teaching and research focus on criminal law and procedure and privacy, including the constitutional rights pertaining thereto.My topic is not an easy one. The constitutional law is …
Essay: The Inter Vivos Branch Of The Worthier Title Doctrine, Joseph W. Morris
Essay: The Inter Vivos Branch Of The Worthier Title Doctrine, Joseph W. Morris
Oklahoma Law Review
No abstract provided.
Response: Worthier For Whom?, Katheleen Guzman
Response: Worthier For Whom?, Katheleen Guzman
Oklahoma Law Review
No abstract provided.
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall
Faculty Books and Book Chapters
Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias. Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes. Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho. …
Worthier For Whom?, Katheleen Guzman
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?, Kaitlyn E. Schrick
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?, Kaitlyn E. Schrick
Oklahoma Law Review
No abstract provided.
Developing Disaster: How Developers Are Using A Covenant To Steal From Homeowners And Why The States Should Stop Them, Amy Kathleen Lewis
Developing Disaster: How Developers Are Using A Covenant To Steal From Homeowners And Why The States Should Stop Them, Amy Kathleen Lewis
Oklahoma Law Review
No abstract provided.
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
"[This] I Know From My Grandfather:" The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock
American Indian Law Review
A major obstacle indigenous land claimants must face is the applicationof federal evidentiary rules, like the hearsay doctrine, which block the useof oral history to establish legal claims. It is often oral history and storiesthat tribes rely upon as evidence to support their claims, reducingsubstantially the likelihood of a tribe prevailing. Indigenous oral historypresents unique challenges to judges when faced with its admissibility.Canadian courts have largely overcome these challenges by interpretingevidentiary rules liberally, in favor of the aborigines. As such, Canadianaborigines have enjoyed greater land claim success than indigenousclaimants in the United States, raising the question why United Statescourts do …
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
Sword Or Submission? American Indian Natural Resource Claims Settlement Legislation, Benjamin A. Kahn
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
Winner, Best Appellate Brief In The 2012 Native American Law Student Association Moot Court Competition, Jocelyn Jenks, Jacquelyn Amour Jampolsky
American Indian Law Review
No abstract provided.
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Pro-Gun Property Regulation: How The State Of Oklahoma Controls The Property Rights Of Employers Through Firearm Legislation, J. Blake Patton
Oklahoma Law Review
No abstract provided.