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Articles 151 - 180 of 202
Full-Text Articles in Property Law and Real Estate
Real Property, J. Richard White, G. Roland Love, Amanda Grainger
Real Property, J. Richard White, G. Roland Love, Amanda Grainger
SMU Annual Texas Survey
No abstract provided.
Beach Law Cleanup: How Sea-Level Rise Has Eroded The Ambulatory Boundaries Legal Framework, Alyson C. Flournoy
Beach Law Cleanup: How Sea-Level Rise Has Eroded The Ambulatory Boundaries Legal Framework, Alyson C. Flournoy
UF Law Faculty Publications
As the sea level rises, the boundaries between privately owned coastal property and sovereign submerged lands held in public trust are becoming increasingly contested. The common law doctrines that determine these boundaries under conditions of change—primarily accretion, erosion, reliction, and avulsion—have important implications for all those involved in adaptation planning along our coasts. This includes private owners of coastal property, local government officials seeking to develop and implement adaptation strategies, beachgoers seeking to use shrinking beaches, beach-tourism-dependent businesses, and courts facing cases involving boundary disputes at the water’s moving edge. This paper raises the questions of whether and how the …
Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon
Re-Zoning The Sharing Economy: Municipal Authority To Regulate Short-Term Rentals Of Real Property, Cory Scanlon
SMU Law Review
No abstract provided.
Arkansas Airspace Ownership And The Challenge Of Drones, Lindsey P. Gustafson
Arkansas Airspace Ownership And The Challenge Of Drones, Lindsey P. Gustafson
University of Arkansas at Little Rock Law Review
No abstract provided.
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor
Faculty Publications By Year
No abstract provided.
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Faculty Publications By Year
No abstract provided.
Public Pension Reform And The Takings Clause, Michael B. Kent Jr.
Public Pension Reform And The Takings Clause, Michael B. Kent Jr.
Scholarly Works
This Article seeks to fill the gap left open by previous judicial and scholarly treatment and begin a more robust conversation about the role of the Takings Clause in public pension reform litigation.
Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin
Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin
Marquette Sports Law Review
None
Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes
Buying Happiness: Property, Acquisition, And Subjective Well-Being, David Fagundes
Faculty Articles
Acquiring property is a central part of the modern American vision of the good life. The assumption that accruing more land or chattels will make us better off is so central to the contemporary preoccupation with acquisition that it typically goes without saying. Yet an increasing body of evidence from psychologists and economists who study hedonics—the science of happiness—yields the surprising conclusion that getting and having property does not actually increase our subjective well-being. In fact, it might even decrease it. While scholars have integrated the insights of hedonics into other areas of law, no scholarship has yet done so …
Property And The True-Sale Doctrine, Heather Hughes
Property And The True-Sale Doctrine, Heather Hughes
Scholarly Articles in Law Reviews & Journals
The true-sale doctrine governs financial transactions involving hundreds of billions of dollars each year. Yet this doctrine is confused, unsettled and subject to differing approaches from state to state: it lacks normative foundation and it lacks coherence. The true-sale doctrine determines the fate of investors asserting ownership of securitized assets at the expense of unsecured creditors, such as employees. It distinguishes assignments to secure loans (leaving assets potentially reachable by unsecured creditors), from outright sales (making assets the exclusive property of investors). A rich literature addresses the efficiency of securitization. But scholars and policy-makers have failed to sufficiently relate positions …
The Law Of Nonmarriage, Albertina Antognini
The Law Of Nonmarriage, Albertina Antognini
Law Faculty Scholarly Articles
The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the law. …
Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg
Mitchell Hamline Law Review
No abstract provided.
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
The Effect Of Agricultural Fence Lines On Minnesota Adverse Possession Claims: A Family Legacy, Jonathan D. Wolf
Mitchell Hamline Law Review
No abstract provided.
Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze
Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze
Mitchell Hamline Law Review
No abstract provided.
Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin
Dispersing The Cloud: Reaffirming The Right To Destroy In A New Era Of Digital Property, Daniel Martin
Washington and Lee Law Review
No abstract provided.
You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski
You Buy It, You Break It: A Comment On Dispersing The Cloud, Aaron Perzanowski
Washington and Lee Law Review
No abstract provided.
Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield
Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield
Washington and Lee Law Review
No abstract provided.
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Uncivil Asset Forfeiture: An Analysis Of Civil Asset Forfeiture And Virginia H.B. 48, Brent Ashley
Law Student Publications
Introduced in 2016, Virginia House Bill 48 proposed civil forfeiture reforms which would raise the burden of proof required for law enforcement agencies to seize property related to criminal activity. Civil forfeiture has grown in recent decades to deprive innocent property owners of their belongings, often due to connections between the property seized and persons accused of using the property illegally without the owners’ consent. Additionally, with a burden of proof much lower than the standard that must be met for a criminal conviction, civil forfeiture as it stands now risks depriving property owners of their possessions despite a lack …
A Hobbesian Bundle Of Lockean Sticks: The Property Rights Legacy Of Justice Scalia, J. Peter Byrne
A Hobbesian Bundle Of Lockean Sticks: The Property Rights Legacy Of Justice Scalia, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
No modern United States Supreme Court Justice has stimulated more thought and debate about the constitutional meaning of property than Antonin Scalia. This essay evaluates his efforts to change the prevailing interpretation of the Takings Clause. Scalia sought to ground it in clear rules embodying a reactionary defense of private owners’ prerogatives against environmental and land use regulation. Ultimately, Scalia aimed to authorize federal judicial oversight of state property law developments, whether through legislative or judicial innovation. In hindsight, he stands in a long tradition of conservative judges using property law as a constitutional baseline by which to restrain regulation.
2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note
2016 Survey Of Rhode Island Law: Cases And Public Laws Of Note
Roger Williams University Law Review
No abstract provided.
Property And Permitting Boundaries At The Shoreline (Legal Fact Sheet: Ctsg-17-03), Audrey Elzerman
Property And Permitting Boundaries At The Shoreline (Legal Fact Sheet: Ctsg-17-03), Audrey Elzerman
Sea Grant Law Fellow Publications
The determination of the boundary between public and private areas of the shoreline can be a topic of substantial interest and dispute, especially as the environment changes over time. This document explains the property and regulatory boundaries that apply in Connecticut and how those boundaries change.
Security Interests In Deposit Accounts, Securities Accounts, And Commodity Accounts: Correcting Article 9’S Confusion Of Contract And Property, Thomas E. Plank
Security Interests In Deposit Accounts, Securities Accounts, And Commodity Accounts: Correcting Article 9’S Confusion Of Contract And Property, Thomas E. Plank
Oklahoma Law Review
No abstract provided.
Zoning And The Complicated Reliance On Restrictive Covenants, Dennis A. Kerbel
Zoning And The Complicated Reliance On Restrictive Covenants, Dennis A. Kerbel
FIU Law Review
No abstract provided.
The Landlord Blues: Inequity, Inefficiency, And Untimeliness Of Summary Proceedings In New York City, Moshe B. Nachum
The Landlord Blues: Inequity, Inefficiency, And Untimeliness Of Summary Proceedings In New York City, Moshe B. Nachum
NYLS Law Review
No abstract provided.
Real + Imaginary = Complex: Toward A Better Property Course, James Grimmelmann
Real + Imaginary = Complex: Toward A Better Property Course, James Grimmelmann
Cornell Law Faculty Publications
“Property” in most law schools means real property: the dense, illogical, and special-purpose body of land law. But this is wrong: property also comes in personal, intangible, and intellectual flavors—all of them more important to modern lawyers than land. Real property is deeply unrepresentative of property law, and focusing our teaching on it sells the subject short. A better property course would fully embrace these other forms of property as real property’s equals. Escaping the traditional but labyrinthine classifications of real property frees teachers to bring out the underlying conceptual coherence and unity of property law. The resulting course is …
Chapter 32, Sections 69–70: California Seismic Safety Capital Access Loan Program, Bryce Fick
Chapter 32, Sections 69–70: California Seismic Safety Capital Access Loan Program, Bryce Fick
University of the Pacific Law Review
No abstract provided.
Land Use Regulation As A Framework To Create Public Space For Speech And Expression In The Evolving And Reconceptualized Shopping Mall Of The Twenty-First Century, Gerald Korngold
Articles & Chapters
Much has been written lately about the “death” of malls and large-scale shopping centers. The data show, however, that the great numbers of these malls and centers are not going extinct but rather are undergoing an evolution from the fortress-type, retail-focused mall of the 1970s to a twenty-first century model better attuned to current tastes of citizens and consumers. There are indeed significant challenges, including purchasing trends, troubled brick and mortar retail, increased online sales, and living choices. But despite some shock-value headlines, the data show that the number of malls and large centers continue to increase. Moreover, owners are …
Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett
Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett
Journal Articles
This article, which was delivered as the 2017 Environmental Distinguished Lecture at Florida State University, discussed the promises, perils and an unappreciated paradox of current efforts to use land use policy to densify and urbanize American communities.
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris
All Faculty Publications
Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada, Indigenous …
Owning And Dissolving Strata Property, Douglas C. Harris
Owning And Dissolving Strata Property, Douglas C. Harris
All Faculty Publications
Strata or condominium property creates multiple privately owned lots or units within an association of owners. Dissolving strata property involves winding-up the association and terminating the private interests. As a result, the non-consensual dissolution of strata property involves the taking of property from those owners who oppose dissolution. The owners of individual lots become co-owners of the land formerly within the association, but the non-consenting owners have their property interests in separate lots taken from them. Beginning with the observation that non-consensual dissolution of strata property results in a taking of property, this article analyzes British Columbia’s move to facilitate …