Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access,
2016
Suffolk University Law School
Spaces For Sharing: Micro-Units Amid The Shift From Ownership To Access, John Infranca
Fordham Urban Law Journal
No abstract provided.
Of Fences And Definite Patent Boundaries,
2016
Vanderbilt University Law School
Of Fences And Definite Patent Boundaries, Deepa Varadarajan
Vanderbilt Journal of Entertainment & Technology Law
Patent claims are supposed to mark the boundaries of a patent clearly so that competitors and follow-on innovators can avoid infringement. But commentators routinely lament the failure of patent claims to adequately perform this notice function. In numerous calls for patent reform, courts and scholars have contrasted the indeterminacy of patent claims with the clarity of real property boundaries. The Supreme Court recently echoed this sentiment in "Nautilus v. Biosig Instruments." In "Nautilus," the Court heightened the patent requirement of claim definiteness and reversed Federal Circuit precedent, which had allowed many ambiguous claims to survive invalidity challenges. This Article analyzes …
Sos: Saving The Secondary Mortgage Market From The Consumer Financial Protection Bureau’S Ability-To-Repay Rule, 49 J. Marshall L. Rev. 857 (2016),
2016
UIC School of Law
Sos: Saving The Secondary Mortgage Market From The Consumer Financial Protection Bureau’S Ability-To-Repay Rule, 49 J. Marshall L. Rev. 857 (2016), Laquenta Rudison
UIC Law Review
No abstract provided.
Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016),
2016
UIC School of Law
Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016), Scott Priz
UIC Law Review
No abstract provided.
Tempering Civil Rights Conflicts: Common Law For The Moral Marketplace,
2016
The Catholic University of America, Columbus School of Law
Tempering Civil Rights Conflicts: Common Law For The Moral Marketplace, Adam J. Macleod
Scholarly Articles
Property law is not only sexy but also loaded with moral conflict. Many market transactions are suddenly politically weighted acts. Can law provide a peaceful solution to the present conflict between sexual-identity right claims and conscience? This Article argues that law, understood in its textured, common law contours, may provide a more peaceful and reasonable solution than (a) peremptory claim-rights, (b) positive rules, and (c) markets unmediated by law. Properly understood, the common law doctrines of public accommodations and contractual licenses are not the source of the problem; they offer a potential solution. Authority to adjudicate common law liberties should …
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson,
2016
Barry University
A Crackerjack Of A Sea Yarn: The Triumphs, Tributes And Trials Of Treasure Hunter Tommy Thompson, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Zoning Neighborhoods For Resilience: Drivers, Tools And Impacts,
2016
Elisabeth Haub School of Law at Pace University
Zoning Neighborhoods For Resilience: Drivers, Tools And Impacts, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
A new urban design is needed, one that if not climate-determinist, is climate-cognizant. The built environment should be structured and the natural environment must be managed and protected in a way that regards climate forces that if left unchecked will sap the energy, the very existence of the city.7 A new urban design must begin with a statement of clear ends to be achieved, be based upon authoritative scientific, legal and social principles and must be implemented with an understanding of the costs--monetary and socio-political, that are demonstrably justified in the light of the alternatives. The extravagant and pretentious historical …
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest,
2016
Brooklyn Law School
Varying The Variance: How New York City Can Solve Its Housing Crisis And Optimize Land Use To Serve The Public Interest, Nathan T. Boone
Brooklyn Law Review
As Millennials repopulate American cities and seek jobs in creative industries, housing affordability has risen to the forefront of urban policy battles. Major conflicts exist between homeowners, renters, municipal governments, and growing industries regarding the proper way to grapple with an influx of new capital, both financial and human. New York City is a prime example of this problem. Housing cost increases have exceeded income increases, leaving a large percentage of New Yorkers “rent burdened.” This note seeks to examine a likely cause of the present problem: zoning and variance systems that limit the ability of private land owners to …
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities,
2016
University of Idaho College of Law
Avoiding Decline: Fostering Resilience And Sustainability In Midsize Cities, Barbara Cosens
Articles
Eighty-five percent of United States citizens live in urban areas. However, research surrounding the resilience and sustainability of complex urban systems focuses largely on coastal megacities (>1 million people). Midsize cities differ from their larger counterparts due to tight urban-rural feedbacks with their immediate natural environments that result from heavy reliance and close management of local ecosystem services. They also may be less path-dependent than larger cities due to shorter average connection length among system components, contributing to higher responsiveness among social, infrastructural, and ecological feedbacks. These distinct midsize city features call for a framework that organizes information and …
Superiority Of Remediation Liens: A Cure To The Virus Of Blight,
2016
Nova Southeastern University
Superiority Of Remediation Liens: A Cure To The Virus Of Blight, Marilyn Uzdavines
University of Baltimore Law Review
Blight in a neighborhood is like a virus that spreads throughout the community. If left unchecked, that virus will destroy the community. In cities like Detroit, the spread of blight has ruined the economy and led to a dramatic plunge in population and the underfunding of city services. Blighted communities have transformed into vast swathes of abandoned properties that attract crime and create hazardous conditions to anyone who dares to remain in them. Although cities like Detroit have received exceptional media attention due to their overwhelming problems, blight continues to affect Detroit and communities in many states across the United …
Hollywood Blackout: Impact Of New Architectural Copyright Laws On The Filming Industry,
2016
Texas A&M University School of Law
Hollywood Blackout: Impact Of New Architectural Copyright Laws On The Filming Industry, Jake Jensen
Texas A&M Journal of Property Law
This Article will focus on particular emerging copyright laws and their effect on the film industry. Section II will begin with a brief overview of the film industry as well as a brief discussion of the reasons people watch films. The Section will then proceed with a discussion on the importance of filming locations, as well as how the industry has changed in its perception of filming locations. Section III will detail what the current copyright law is, as well as exceptions the courts have used in determining copyright infringement. Section IV will then describe the Freedom of Panorama laws …
It’S Up In The Air! Potential Criminal Liabilities For Drone-Associated Issues In The Great State Of Texas,
2016
Texas A&M University School of Law
It’S Up In The Air! Potential Criminal Liabilities For Drone-Associated Issues In The Great State Of Texas, Anthony Pax
Texas A&M Journal of Property Law
“Look! Up in the sky! It’s a bird! It’s a plane!” No, it’s a drone! Private and commercial drone use is expanding as quickly as the technology can be developed to fulfill the various needs of different users. As new ways to use drones are conceived every day, the potential for conflict is ever increasing. This Article will argue that, in the absence of any real federal guidance on the subject, the state of Texas must apply its current criminal law framework to any drone-related conflicts that may arise. This will provide clear guidelines for resolving the multitude of issues …
Doctoring Up Cybersecurity Standards: A Solution To Adequate Internet Security Measures Post Wyndham,
2016
Texas A&M University School of Law
Doctoring Up Cybersecurity Standards: A Solution To Adequate Internet Security Measures Post Wyndham, Vince Vela
Texas A&M Journal of Property Law
In today’s technological world, it is common for corporations and individuals alike to enjoy and exploit the benefits of cloud computing. These advancements, however, come with a price as the modern technological age continues to grow. By its very nature, the normal course of business has changed drastically. From private entrepreneurial websites to conglomerates like Amazon, Inc., making purchases online has never been easier. Rather than traveling to your products, consumers today simply create an account with a certain business, enter personal credentials, provide a credit or debit card number for the transaction, and give an address for the shipment …
Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H),
2016
Delaware Law School, Widener University
Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal
Marquette Law Review
The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants,
2016
Texas A&M University School of Law
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho
Texas A&M Journal of Property Law
Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements …
How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice,
2016
Texas A&M University School of Law
How The Government Can ‘Come And Take It’: Asset Forfeiture And How Texas Should Change Its Practice, Sean M. Grove
Texas A&M Journal of Property Law
As a model of review, this Comment will use Texas’s laws—juxtaposed against state laws that are providing more protections—to compare what Texas is doing wrong in light of what other states are doing right. First, this Comment will give a brief history of asset forfeiture in general and provide the status of civil asset forfeiture in the twentyfirst century. Part II will discuss the benefits of some asset forfeiture programs while highlighting the shortcomings and burdens that civil asset forfeiture brings. Part III will show state legislation aimed at curtailing civil asset forfeiture and the factors that make Texas’s laws …
Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016),
2016
Nevada Law Journal
Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad
Nevada Supreme Court Summaries
This case involved the question of whether a counties’ approval of subdivision maps and street dedications which included a drainage system constituted inverse condemnation where the plaintiff’s property flooded as a result. The Supreme Court of Nevada adopted a six part element test for inverse condemnation, and determined that genuine issues of material fact existed as to whether the County’s actions constituted substantial involvement in the drainage system sufficient to deem it public use.
Aggregate Alienability,
2016
Villanova University Charles Widger School of Law
Aggregate Alienability, Luke Meier, Rory Ryan
Villanova Law Review (1956 - )
No abstract provided.
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016),
2016
UIC School of Law
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
UIC Review of Intellectual Property Law
In a technology-driven age, the Internet has changed how prospective homebuyers search for their new home. For many, a search on Google is the first step before hiring a broker or getting prequalified for a mortgage. Although the Internet is a powerful tool widely utilized by many, there has been a growing concern for managing and protecting the integrity of real estate listings. Data scraping of listing data has become problematic for the real estate industry; as a result, this has caused irreparable harm to everyone. This comment highlights the benefits of awarding copyright protection to all contents of the …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016),
2016
UIC School of Law
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
