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Yeshiva University, Cardozo School of Law

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Articles 61 - 90 of 113

Full-Text Articles in Property Law and Real Estate

Where Have All The Royalties Gone? Emerging Technologies And The Lack Of Equitable Mechanical Royalties, Cole Sternberg Jan 2005

Where Have All The Royalties Gone? Emerging Technologies And The Lack Of Equitable Mechanical Royalties, Cole Sternberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Publicity Rights As Property Rights, David Westfall, David Landau Jan 2005

Publicity Rights As Property Rights, David Westfall, David Landau

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk Jan 2005

Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk

Articles

Increased use of the intellectual property label to describe copyright and related areas of law has spawned analogies to the protections afforded real property. These analogies ignore significant differences between the foundations that undergird real and intellectual property rights. In particular, real property rights operate to avoid breaches of the peace and tragedies of the commons - problems that do not arise with intellectual works - while copyright and other intellectual property rights are designed to provide an incentive to create, an incentive irrelevant when land is at issue. These disparities in justification caution against routine importation of real property …


The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk Nov 2004

The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk

Articles

Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …


The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk Jan 2004

The Inevitable Failure Of Nuisance-Based Theories Of The Takings Clause: A Reply To Professor Claeys, Stewart E. Sterk

Articles

Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.


Family Feud In The Entertainment Industry: Section 304(A) Of The Copyright Act And Its Impact On Estate Distribution, Heather Hubbard Jan 2003

Family Feud In The Entertainment Industry: Section 304(A) Of The Copyright Act And Its Impact On Estate Distribution, Heather Hubbard

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The American Inventors Protection Act Of 1999: An Analysis Of The New Eighteen-Month Publication Provision, Reiko Watase Jan 2002

The American Inventors Protection Act Of 1999: An Analysis Of The New Eighteen-Month Publication Provision, Reiko Watase

Cardozo Arts & Entertainment Law Journal

No abstract provided.


What The New Millennium Might Bring, Daniel Shapiro Jan 2001

What The New Millennium Might Bring, Daniel Shapiro

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford Jan 2000

Innovation And Creativity In The Fine Arts: The Relevance And Irrelevance Of Copyright, Daniel J. Gifford

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Stop The Clock: The Case To Suspend The Statute Of Limitations On Claims For Nazi-Looted Art, Stephanie Cuba Jan 1999

Stop The Clock: The Case To Suspend The Statute Of Limitations On Claims For Nazi-Looted Art, Stephanie Cuba

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Future Directions In International Copyright, Shira Perlmutter Jan 1998

Future Directions In International Copyright, Shira Perlmutter

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt Jan 1998

Early Patent Publication: A Boon Or Bane? A Discussion On The Legal And Economic Effects Of Publishing Patent Applications After 18 Months Of Filing, John F. Duffy, Hayden Gregory, Robert Rines, Herbert Wamsley, Douglas Wyatt

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Estoppel In Property Law, Stewart E. Sterk Jan 1998

Estoppel In Property Law, Stewart E. Sterk

Articles

The article explores the complex role of estoppel doctrine in property law, emphasizing its promise-based nature and its distinct application compared to contract law. It highlights how estoppel enforces promises, resolves disputes, and protects interests in property law, particularly in family and neighbor disputes. The analysis critiques the reliance vs. promise debate, asserting that promise is the critical factor. The article also underscores the challenges of enforcing oral promises and the importance of written agreements to avoid injustice and ensure clarity in property transactions.


Minority Protection In Residential Private Governments, Stewart E. Sterk Apr 1997

Minority Protection In Residential Private Governments, Stewart E. Sterk

Articles

The article explores the balance between majority rule and minority protections in community associations, drawing parallels with corporate governance to address conflicts and self-dealing issues. It argues that while market forces and self-interest often mitigate harmful majority actions, legal safeguards are necessary to protect minority interests, particularly when idiosyncratic value is at stake. The article advocates for express protections in governing documents and the use of supermajorities to limit association power, emphasizing that courts should invalidate redistributive actions without compensation.


The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham Apr 1997

The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham

Articles

No abstract provided.


An Introduction To The Law And Economics Of The V-Chip, Matthew L. Spitzer Jan 1997

An Introduction To The Law And Economics Of The V-Chip, Matthew L. Spitzer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Deaccession: Not Such A Dirty Word, Jason R. Goldstein Jan 1997

Deaccession: Not Such A Dirty Word, Jason R. Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz Jan 1995

Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Deconstruction: The Road To A Derridian Cul-De-Sac Where "There Is No There There" And "There Is No About About For Anything To Be About", Arthur Austin Jan 1994

Deconstruction: The Road To A Derridian Cul-De-Sac Where "There Is No There There" And "There Is No About About For Anything To Be About", Arthur Austin

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Right Of Publicity Gone Wrong: A Case For Privileged Appropriation Of Identity, Fred M. Weiler Jan 1994

The Right Of Publicity Gone Wrong: A Case For Privileged Appropriation Of Identity, Fred M. Weiler

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Moral Rights Protection And Resale Royalties For Visual Art In The United States: Development And Current Status, Edward J. Damich Jan 1994

Moral Rights Protection And Resale Royalties For Visual Art In The United States: Development And Current Status, Edward J. Damich

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein May 1993

Secured Creditors And Section 15(A)(1) Of The Fair Labor Standards Act: The Supreme Court Creates A New Property Interest, Henry Bregstein

Cardozo Law Review

No abstract provided.


Restraints On Alienation Of Human Capital, Stewart E. Sterk Mar 1993

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.


New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson Jan 1993

New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson

Cardozo Law Review

No abstract provided.


Remembering John Appel, Paul M. Shupack Nov 1992

Remembering John Appel, Paul M. Shupack

Cardozo Law Review

No abstract provided.


Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk May 1992

Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk

Articles

The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.


International Dimensions, Teresa Mcguire Jan 1992

International Dimensions, Teresa Mcguire

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Is A Lodging House A Home? Rent Protection For New York City Lodging House Residents, Lynda Braun Apr 1991

Is A Lodging House A Home? Rent Protection For New York City Lodging House Residents, Lynda Braun

Cardozo Law Review

No abstract provided.


Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz Feb 1991

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz

Cardozo Law Review

No abstract provided.


The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King Jan 1991

The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King

Cardozo Arts & Entertainment Law Journal

No abstract provided.