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Property Law and Real Estate Commons

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William & Mary Law School

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Articles 121 - 150 of 353

Full-Text Articles in Property Law and Real Estate

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith Oct 2009

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Scaling Property With Professor Ellickson, Lee Anne Fennell Oct 2009

Scaling Property With Professor Ellickson, Lee Anne Fennell

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike Apr 2009

Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike

William & Mary Environmental Law and Policy Review

No abstract provided.


An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura Apr 2009

An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura

William & Mary Law Review

No abstract provided.


Personal Residences, Dale P. Burgess Nov 2008

Personal Residences, Dale P. Burgess

William & Mary Annual Tax Conference

No abstract provided.


Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton Nov 2008

Preserving Capital Gains In Real Estate Transactions, Todd D. Golub, Richard M. Lipton

William & Mary Annual Tax Conference

No abstract provided.


Like-Kind Exchanges, Robert D. Schachat Nov 2008

Like-Kind Exchanges, Robert D. Schachat

William & Mary Annual Tax Conference

No abstract provided.


The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades Jul 2008

The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades

Faculty Publications

No abstract provided.


Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert Apr 2008

Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert

William & Mary Bill of Rights Journal

No abstract provided.


Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox Apr 2008

Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox

William & Mary Journal of Race, Gender, and Social Justice

The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The analysis is embedded in feminist discourse on home, from traditional critiques of the association between women and home to evolving conceptions of the benefits and the burdens of home for contemporary feminist theory. This article traces the ideas of "home" and "homeownership" for American women and considers how it might …


Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg Apr 2008

Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg

William & Mary Environmental Law and Policy Review

This Article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors that are to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. However, the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property …


Environmental Law: Property Rights In The United States, Federalist Society Apr 2008

Environmental Law: Property Rights In The United States, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction: Common Law Environmental Protection, Jonathan H. Adler, Andrew P. Morriss Apr 2008

Introduction: Common Law Environmental Protection, Jonathan H. Adler, Andrew P. Morriss

Faculty Publications

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant, portions of the existing regulatory regime. Some environmental advocates have come to the conclusion that state-based tort law may be more protective than federal regulations. At the same time, private litigators and state attorneys general are reviving common law causes of action in an effort to augment existing regulatory controls.

Is the common law a viable means of addressing …


"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand Mar 2008

"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


Introduction: 2006 Brigham-Kanner Property Rights Conference Mar 2008

Introduction: 2006 Brigham-Kanner Property Rights Conference

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Mar 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


Whose Money Is It Anyway? The Case For A Mortality Discount For Cash Balance Plan Early Termination Lump Sum Distributions, William Handley Woolston Jan 2008

Whose Money Is It Anyway? The Case For A Mortality Discount For Cash Balance Plan Early Termination Lump Sum Distributions, William Handley Woolston

Student Award Winning Papers

No abstract provided.


The Police Power And 'Public Use': Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher D. Supino Jan 2008

The Police Power And 'Public Use': Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher D. Supino

Student Award Winning Papers

No abstract provided.


Creative Structures For The Disposition Of Real Estate (Slides) Nov 2007

Creative Structures For The Disposition Of Real Estate (Slides)

William & Mary Annual Tax Conference

No abstract provided.


Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein Nov 2007

Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein

William & Mary Annual Tax Conference

No abstract provided.


The Morality Of Property, Thomas W. Merrill, Henry E. Smith Apr 2007

The Morality Of Property, Thomas W. Merrill, Henry E. Smith

William & Mary Law Review

No abstract provided.


The Moral Subject Of Property , Carol M. Rose Apr 2007

The Moral Subject Of Property , Carol M. Rose

William & Mary Law Review

No abstract provided.


Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin Apr 2007

Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin

William & Mary Law Review

No abstract provided.


A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades Apr 2007

A Windfall For The Magnates: The Development Of Woodland Ownership In Denmark, Eric Kades

Faculty Publications

No abstract provided.


Introductory Remarks: Property Law, James G. Dwyer Apr 2007

Introductory Remarks: Property Law, James G. Dwyer

William & Mary Law Review

No abstract provided.


Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman Feb 2007

Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman

William & Mary Environmental Law and Policy Review

No abstract provided.


Michelman As Doctrinalist, Gregory S. Alexander Dec 2006

Michelman As Doctrinalist, Gregory S. Alexander

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences Dec 2006

Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences

William & Mary Bill of Rights Journal

Presented at the Brigham-Kanner Property Rights Conference.


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein Dec 2006

Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.