Property Law and Real Estate Commons^™

Controlling The Mischief Of New York’S Foreclosure Abuse Prevention Act Through Constitutional Pre-Emption, Shelby D. Green

Touro Law Review

No abstract provided.

Enhancing The Uniform Partition Of Heirs Property Act: The Need For Broader Use And Essential Modifications, Donna Arzanipour

Touro Law Review

The Uniform Partition of Heirs Property Act (“UPHPA”) seeks to address complex and inequitable conflicts that arise when partitioning heirs property. This Note explores the legislative history of the UPHPA, along with the legal and societal significance of the UPHPA, which provides mechanisms to prevent forced sales of family-owned property. Through a comparative analysis of states that have adopted their versions of the UPHPA, this Note considers the law’s potential to protect family land, reduce the risk of displacement, and promote longterm economic stability for communities, especially those in rural and minority populations. While recommending that all states should adopt …

Takings, Original Meaning, And Applying Property Law Principles To Fix Penn Central, John M. Groen

Touro Law Review

No abstract provided.

The Future Of Cryptocurrency And Real Estate Transactions, Rachel Silverstein

Touro Law Review

Bitcoin and other cryptocurrencies are all the rage right now and are beginning to make their ways into everyday transactions— including real estate transactions. This article discusses whether using cryptocurrencies to complete real estate transactions will become the norm in the near future. Cryptocurrency laws in general are few and far between, but laws surrounding cryptocurrency and real property are even more sparse. Recent case law involving cryptocurrency is a major focus of this article, along with background knowledge about cryptocurrency and the meaning of “money” as we know it today. The article concludes with a discussion about the unlikelihood …

Modification Requests In Community Associations: Do We Know What’S Reasonable?, Beth M. Gazes

Touro Law Review

The Fair Housing Act (“FHA”) as well as the New York State Human Rights Law (“HRL”) provide, inter alia, that qualifying individuals shall be granted reasonable modifications or accommodations to afford such individuals either full enjoyment of the premises or an equal opportunity to enjoy their dwelling, respectively. Both laws likely extend to common areas of the development but arrive at this protection in different ways. Namely, through the FHA’s implementing rules (“Rules”) and with guidance from the Department of Housing and Urban Development (“HUD”), courts have easily interpreted the FHA to extend to common areas but stop short …

Recent Case Law, Disparate Impact, And Restrictive Zoning, Michael Lewyn

Touro Law Review

The Fair Housing Act (“FHA”) prohibits housing discrimination, including the refusal to sell or rent housing based on race, color, religion, sex, familial status or national origin,and any policy or conduct that “otherwise make[s] unavailable or den[ies], a dwelling [based on these impermissible factors].”In 2015, the Supreme Court interpreted the “otherwise make unavailable” language of the Act to mean that the FHA includes not only claims for intentional discrimination, but also claims for disparate impact. Under the disparate impact doctrine, a defendant may be liable for facially neutral rules or policies that disproportionately favor one racial group over another.

Zoning …

20 Ways To Fight Housing Discrimination, Ian Wilder

Touro Law Review

When looking at the continuing size of the problem of discrimination it is easy to be paralyzed into inaction by the sweeping scope of the undertaking. A good remedy is to find actions that an individual can take to move toward justice. Though Dr. King is often quoted as stating that “the arc of the moral universe is long, but it bends toward justice,” that bend in the arc is caused by legions of activists pulling the future toward justice. Robert Kennedy noted in his opposition to apartheid in South Africa that “a million different centers of energy and daring …

Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger

Touro Law Review

There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal with the ethical duties of the regulators, they tend to focus on things like conflicts of interest. But there is more. This article will examine numerous other ways in which regulators may run afoul of ethical practice in dealing with those whom they regulate

Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano

Touro Law Review

No abstract provided.

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.

Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.

The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink

Touro Law Review

No abstract provided.

Taking Back Bitcoin, Zachary Segal

Touro Law Review

No abstract provided.

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer

Touro Law Review

No abstract provided.

When Scalia Wasn't Such An Originalist, Michael Lewyn

Touro Law Review

No abstract provided.

Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber

Touro Law Review

No abstract provided.

A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante

Touro Law Review

No abstract provided.

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller

Touro Law Review

No abstract provided.

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.

Takings Cases In The October 2004 Term, Leon D. Lazer

Touro Law Review

No abstract provided.

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.