Property Law and Real Estate Commons^™

Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin

Washington and Lee Law Review

No abstract provided.

You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski

Washington and Lee Law Review

No abstract provided.

Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield

Washington and Lee Law Review

No abstract provided.

Taking Patents, Gregory Dolin, Irena D. Manta

Washington and Lee Law Review

The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …

Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman

Scholarly Articles

This article deals with foreclosure of a deed of trust in Virginia. The Introduction discusses the deed of trust or mortgage as a social and political institution and the foreclosure crisis that seems to be ending. Part I is a brief history of mortgage law. It provides a short history of the modern mortgage system in the United States. Part II follows with a description of the approach that Virginia takes to mortgages. It localizes the mortgage institution to Virginia and introduces Virginia's vocabulary and technical details, the deed of trust, and the parties' rights and obligations. Part III provides …

Phoenix Within A Phoenix: Google Campus Warsaw And The Fascinating, Intentional Rebirth Of Warsaw’S Praga District, Leila Lawlor

Scholarly Articles

The Praga district of Warsaw has been experiencing a rebirth. This phoenix district, lying within the eastern central part of Warsaw, is experiencing a period of rapid growth and revitalization. Five years ago Praga was thought of as crime-ridden and impoverished, but the area’s low rents and large, historic spaces have started attracting creative types – web designers, artists, musicians and others. In June 2014, Praga landed a windfall when internet giant Google announced plans to build a center for technology startup companies in the district. The location of Google Campus Warsaw will undoubtedly have beneficial effects on employment and …

Local Government Finance As Integrated System: The Uneasy Case For Using Special Districts In Real Estate Finance (A Response To Odinet’S Super-Liens To The Rescue? A Case Against Special Districts In Real Estate Finance), Darien Shanske

Washington and Lee Law Review Online

Local governments have long used special financing districts to build infrastructure. If a local project, say building a pocket park, is likely to increase the values of properties very close to the park, then why should those properties not pay for the park in the first place? Though efficient and fair in many cases, the use of these districts can also be problematic. For instance, it seems likely that wealthier residents, with higher property values to leverage, are especially likely to use these districts effectively. It has also been the case that developers have used these districts speculatively, which had …

Response To Christopher Odinet, Super- Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Peter W. Salsich Jr.

Washington and Lee Law Review Online

No abstract provided.

Bitproperty, Joshua A.T. Fairfield

Scholarly Articles

Property is the law of lists and ledgers. County land records, stock certificate entries, mortgage registries, UCC filings on personal property, United States Copyright and Patent registries of interests in intellectual property, bank accounts, domain name systems, and consumers’ Kindle eBook collections in the cloud — all are merely entries in a list, determining who owns what.

Each such list has suffered under a traditional limitation. To prevent falsification or duplication, a single entity must maintain the list, and users must trust (and pay) that entity. As a result, transactions must proceed at significant expense and delay. Yet zero or …

Super - Liens To The Rescue? A Case Against Special Districts In Real Estate Finance, Christopher K. Odinet

Washington and Lee Law Review

No abstract provided.

Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley

Scholarly Articles

None available.

Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Finding Possession: Labor, Waste And The Evolution Of Property, Jill M. Fraley

Scholarly Articles

Although possession has long been intimately linked to labor, recent historical work on land claims during the sixteenth and seventeenth centuries suggests that the clash of divergent legal cultures of possession drove the two apart. This clash yielded an American concept of possession much more deeply connected to industrialization than the traditional understanding of labor. By providing evidence of how our concept of labor was industrialized, this article questions the outcomes in modem possession cases, particularly as they impact development and environmental preservation in rural areas.

Images Of Force: The Power Of Maps In Community Development, Jill M. Fraley

Scholarly Articles

Recent trends in critical geography have drawn attention to the secret political lives of maps. Beneath a veneer of abstraction and scientific neutrality, maps are deeply political devices, embedding within them perspectives on what is important in a community, what are assets and what are liabilities, what is central and what is marginal. By drawing on the historical example of the mapping work of the Tennessee Valley Authority in the United States, this article examines the power of maps in community development, land use planning and natural resource allocation. This examination yields a lesson in the significance of the maps …

Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday

Washington and Lee Law Review

No abstract provided.

Tackling The Perplexing Sound Of Statutory Silence: Why Courts Should Imply A Private Right Of Action Under Section 10(A) Of Respa, Seth M. Mott

Washington and Lee Law Review

No abstract provided.

The Mote In The Common Law's Eye: Dislodging Europocentric Barriers To Just Recognition Of Native Title In The Wake Of Yorta Yorta, Howard L. Highland

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Wake Of The Flood: Examining The Dissipation Of Property Rights Through A Model Of Post-Katrina New Orleans, Nicholas P. Devereux

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Walk Along My Mind: Space, Mobility, And The Significance Of Place, Jill M. Fraley

Scholarly Articles

In America mobility is seen as a measure of success, especially for persons born in rural areas, who are assumed to want to “move on up” as soon as possible. This pressure toward both social and spatial mobility is especially strong when the birthplace is an oppressed region such as Appalachia. Ironically, while the rest of the world has disowned Appalachia, the residents of the mountains have repeatedly proclaimed the significance of cultural investment in land. This article approaches the concept of place, illuminating several variations on the theme, while particularly illustrating the strength of place claimed by Appalachia.

Virtual Property, Joshua A.T. Fairfield

Scholarly Articles

This article explores three new concepts in property law. First, the article defines an emerging property form - virtual property - which is not intellectual property, but that more efficiently governs rivalrous, persistent, and interconnected online resources. Second, the article demonstrates that the threat to high-value uses of internet resources is not the traditional tragedy of the commons that results in overuse. Rather, the naturally layered nature of the internet leads to overlapping rights of exclusion that cause underuse of internet resources: a tragedy of the anticommons. And finally, the article shows that the common law of property can act …

"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart

Washington and Lee Law Review

No abstract provided.

A Duty Not To Become A Victim: Assessing The Plaintiffs Fault In Negligent Security Actions, Steven C. Minson

Washington and Lee Law Review

No abstract provided.

The Scope Of The Borrower's Liability In A Nonrecourse Real Estate Loan, Gregory M. Stein

Washington and Lee Law Review

The nonrecourse real estate lender agrees to seek satisfaction solely from the mortgaged property and not from the borrower or any of its equity holders personally. The lender presumably receives consideration for its relinquishment of this important remedy, and it would be unfair for a court later to award the lender a personal judgment against the borrower solely because the foreclosure sale proceeds were insufficient to satisfy the debt. Because the nonrecourse lender cannot reach the borrower's personal assets, the location of the dividing line between the mortgaged property and the borrower's personal assets turns out to be far more …

Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin

Washington and Lee Law Review

No abstract provided.

The State As Landlord: The Constitutionality Of The Termination Of Public Housing Leases On Account Of A Tenant's Illegal Activities, Mark Anthony Drumbl

Scholarly Articles

Paragraph 107(l)(b) of the Ontario Landlord and Tenant Act enables landlords to evict tenants on short notice for engaging in illegal activity or for permitting such activity to be conducted in or on any part of the rental premises. Under this provision, the landlord can serve a notice of termination on the tenant, who may then exercise his/her right to dispute the landlord's allegation at a scheduled court hearing.

This paper suggests that paragraph 107(l)(b) is inconsistent with the underlying purposes of the Landlord and Tenant Act, and might run afoul of sections 7 and 15 of the Canadian Charter …

A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose

Washington and Lee Law Review

No abstract provided.

Antitrust And First Amendment Implications Of Professional Real Estate Investors, Gary Myers

Washington and Lee Law Review

No abstract provided.

Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack

Washington and Lee Law Review

No abstract provided.

X. Real Property Law

Washington and Lee Law Review

No abstract provided.

Hodel V. Irving, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.