Property Law and Real Estate Commons^™

Badlands: Artist-Personal Manager Conflicts Of Interest In The Music Industry, Hal I. Gilenson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

An Individual Debtor’S Right To Avoid Liens Under Section 506(D) Of The Bankruptcy Code, Tracy Springer

Cardozo Law Review

No abstract provided.

"Killing The Husband": Disallowing Contingent Claims For Contribution Or Indemnity In Bankruptcy, Donald R. Korobkin

Cardozo Law Review

No abstract provided.

The Internal And External Analysis Of Concepts, Randy Barnett

Cardozo Law Review

No abstract provided.

Proving Beyond A Reasonable Doubt: The Negligent Infliction Of Emotional Distress, Michele A. Scott

Cardozo Law Review

No abstract provided.

Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart

Cardozo Law Review

No abstract provided.

In Support Of The Resale Royalty, Thomas M. Goetzl

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Expanding Proprietary Entitlements And The Public Interest In Dissemination Of Art, Robin A. Morris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Nollan, Henry George, And Exactions, Stewart E. Sterk

Articles

The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well …

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.

Does The Roof Have To Cave In: The Landlord/Tenant Power Relationship And The Intentional Infliction Of Emotional Distress, Susan E. Keller

Cardozo Law Review

No abstract provided.

New Approach To Adjudicating Tenant's Abandonment Of Premises, Geraldene Sherr

Cardozo Law Review

No abstract provided.

Foresight And The Law Of Servitudes, Stewart E. Sterk

Articles

The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …

Neighbors In American Land Law, Stewart E. Sterk

Articles

The article critiques the foundational principle of land law known as the "geometric-box allocation," which assumes landowners have absolute control over their property within defined boundaries. While this model provides clarity and facilitates private bargaining, the analysis argues that it often fails to account for externalities, social norms, and bilateral monopoly situations, leading to inefficiencies. The author challenges the assumption that private bargaining will always produce efficient results, particularly in low-transaction-cost scenarios, and highlights the limitations of using intent as a justification for cross-boundary allocations. The article ultimately suggests that land law doctrine reflects and reinforces both individualist and non-individualist …

Scullduggery And Other Inequities: Scull V. Scull, Raoul Lionel Felder, Jeanne Wilmot Carter

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Searching For The Status Quo, Jeremy Paul

Cardozo Law Review

No abstract provided.

Partitions In Kind: A Preference Without Favor, Candace Reid

Cardozo Law Review

No abstract provided.

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part Ii - Creditor Representatives, Bank Receivers, Fixtures, Crops, And Accessions, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould

Cardozo Law Review

No abstract provided.

Reconciling Maritime Liens And The Limitation Of Liability Act, David G. Carlson

Cardozo Law Review

No abstract provided.

Landlords Or Tenants: Who Bears The Costs Of Crime?, Miriam J. Haines

Cardozo Law Review

No abstract provided.

Dweikat Et Al. V. State, Moshe Landau, Alfred Witkon, David Bechor, Shelomo Asher, Miriam Ben-Porat

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

For this petition, we must consider the legality of establishing a civilian town (settlement) in Elon Moreh, on the outskirts of the city of Nablus, on land privately owned by Arab residents. On the morning of June 7, 1979, Israeli citizens, assisted by the IDF, began to settle on a hill east of the Jerusalem-Nablus road. The hill is entirely on rocky and undeveloped …

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.