Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (37)
- Intellectual Property Law (27)
- Constitutional Law (15)
- Bankruptcy Law (13)
- Contracts (13)
-
- Estates and Trusts (11)
- Jurisprudence (11)
- Land Use Law (11)
- Housing Law (8)
- Comparative and Foreign Law (7)
- Jurisdiction (7)
- Law and Economics (7)
- International Law (6)
- Legal Remedies (6)
- Legislation (6)
- Torts (6)
- Criminal Law (5)
- Dispute Resolution and Arbitration (5)
- Labor and Employment Law (5)
- Law and Society (5)
- Banking and Finance Law (4)
- Courts (4)
- Criminal Procedure (4)
- Insurance Law (4)
- Legal Education (4)
- Legal History (4)
- State and Local Government Law (4)
- Administrative Law (3)
- Keyword
-
- Property--Personal and Real (18)
- Bankruptcy (6)
- Bankruptcy Law (5)
- Liens (5)
- Property (4)
-
- Contracts (3)
- Government (General) (3)
- Housing Law (3)
- Rent (3)
- Community Property (2)
- Comparative and Foreign Law (2)
- Constitutional Law -- Property Rights (2)
- Domestic Relations (2)
- Jurisprudence (2)
- Leasing (2)
- Legislation (2)
- Real estate (2)
- Remedies (2)
- Torts (2)
- Admiralty Law (1)
- Amazon (1)
- Arbitration (1)
- Biography (1)
- Brazil (1)
- Building code (1)
- Business and the Law (1)
- Canon Law (1)
- Catastrophe risk (1)
- Champlain Towers (1)
- Children (1)
- Publication Year
- Publication
- Publication Type
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Right Of Publicity Gone Wrong: A Case For Privileged Appropriation Of Identity, Fred M. Weiler
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
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
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
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
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
Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk
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
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
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
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
The "Moral Rights" Of Creators Of Intellectual Property, Rufus C. King
Cardozo Arts & Entertainment Law Journal
No abstract provided.