When Scalia Wasn't Such An Originalist,
2016
Touro Law Center
When Scalia Wasn't Such An Originalist, Michael Lewyn
Scholarly Works
Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
Fixed Vs.Floating Non-Participating Oil & Gas Royalty In Texas: And The Battles Rage On . . .,
2016
South Texas College of Law Houston
Fixed Vs.Floating Non-Participating Oil & Gas Royalty In Texas: And The Battles Rage On . . ., Christopher S. Kulander
Texas A&M Law Review
The author discusses fixed and floating non-participating oil and gas royalty in Texas and concludes that royalty cases will continue to be heard by the courts.
Five Easy Pieces: Recurrent Themes In American Property Law,
2016
Cornell Law School
Five Easy Pieces: Recurrent Themes In American Property Law, Gregory S. Alexander
Cornell Law Faculty Publications
No abstract provided.
Sharing Property,
2016
University of Colorado Law School
Sharing Property, Kellen Zale
University of Colorado Law Review
The sharing economy-the rapidly evolving sector of peer-topeer transactions epitomized by Airbnb and Uber-is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities-renting your car out to a tourist for a day, paying to spend the weekend in a …
Gay Marriage And The Problem Of Property,
2016
Louisiana State University Law Center
Gay Marriage And The Problem Of Property, Andrea B. Carroll, Christopher K. Odinet
Journal Articles
The Supreme Court's gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as varied as adoption and taxes, a myriad of rights have now descended upon gay couples as a result of the Court's ruling. In this Commentary, we explore the little discussed downsides of the decision when it comes to the property rights and debts of the spouses. This is particularly important when considering the rights of third parties and their settled expectations in the context of retroactivity, as well the ways in which the Court's decision may …
Sharing And The City,
2016
Vanderbilt University Law School
Sharing And The City, Michele Finck, Sofia Ranchordas
Vanderbilt Journal of Transnational Law
The sharing of public infrastructure, the exchange of small services, and the traditional "cup of sugar borrowed from the neighbor" are practices intrinsic to most urban agglomerations. In the digital age, these sharing initiatives are facilitated by online platforms such as Feastly, Peerby, and HomeExchange. These platforms allow city residents to share the idle capacity of some of their assets (e.g., clothing, tools, or a spare bedroom) with other residents living in close proximity to them, or with tourists looking for accommodation. While these practices can be justified by efficiency and sustainability concerns, some of them appear to be in …
Content Creators, Virtual Goods: Who Owns Virtual Property?,
2016
Benjamin N. Cardozo School of Law
Content Creators, Virtual Goods: Who Owns Virtual Property?, Kenneth W. Eng
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach,
2016
Dalhousie University Schulich School of Law
Res Extra Commercium And The Barriers Faced When Seeking The Repatriation And Return Of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
The repatriation and return of objects of cultural value are often linked to decolonization projects and efforts to repair past wrongs suffered as a result of colonialism. Yet significant barriers hinder these efforts. These barriers primarily take the shape of time limitations, diverging conceptions of property and ownership, the high costs involved, and the domestic export and cultural heritage laws of both the source country and the destination country. I argue that these barriers are relics of colonialism that replicate and perpetuate the continued imposition of Eurocentric and Western legal notions and values on subaltern source countries and source indigenous …
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work,
2016
Dalhousie University Schulich School of Law
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn
Articles, Book Chapters, & Popular Press
In Canada, comprehensive land claims based on Aboriginal title can be pursued through either litigation or negotiation. Generally, the relationship between litigation and negotiation of these claims is understood as one where the Supreme Court of Canada initially prodded the Canadian state to action, and then in a series of decisions developed the legal parameters within which the political realities of negotiation occur. Thus, settlement tends to follow and be shaped by the contours of the legal doctrine. However, settlement of land claims in Canada’s Arctic moved ahead of the case law in two key areas, as manifested in: (a) …
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 …
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice,
2016
Brooklyn Law School
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Journal of Law and Policy
Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …
Deaccessioning: A Pragmatic Approach,
2016
Brooklyn Law School
Deaccessioning: A Pragmatic Approach, Ardis E. Strong
Journal of Law and Policy
Art museums are curators of ideas, preservers of culture, and educators on the evolving aesthetics and morals of society. As such, they play an important role in contemporary society and should be accessible to a wide and diverse audience. One important debate in how museums best serve the public interest involves the museum practice of deaccessioning. Historically, policies governing the proceeds museums receive when they deaccession (or remove) work from their collection have strictly limited the use of these funds to the purchase of new art. This policy is based on the idea that museums hold art for the public …
Hot Property In New Zealand: Empirical Evidence Of Housing Bubbles In The Metropolitan Centres,
2016
Singapore Management University
Hot Property In New Zealand: Empirical Evidence Of Housing Bubbles In The Metropolitan Centres, Ryan Greenaway-Mcgrevy, Peter C. B. Phillips
Research Collection School Of Economics
Using recently developed statistical methods for testing and dating exuberant behaviour in asset prices we document evidence of episodic bubbles in the New Zealand property market over the past two decades. The results show clear evidence of a broad-based New Zealand housing bubble that began in 2003 and collapsed over mid-2007 to early 2008 with the onset of the worldwide recession and the financial crisis. New methods of analysing market contagion are also developed and are used to examine spillovers from the Auckland property market to the other metropolitan centres. Evidence from the latest data reveals that the greater Auckland …
Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership,
2016
Allard School of Law at the University of British Columbia
Anti-Social Behaviour, Expulsion From Condominium, And The Reconstruction Of Ownership, Douglas C. Harris
All Faculty Publications
Statutory condominium regimes facilitate massive increases in the density of owners. The courts are responding to this spatial reorganization of ownership by reconstructing what it means to be the owner of an interest in land. This article analyzes the ten cases over eight years (2008-2015) in which Canadian courts grant eviction and sale orders against owners within condominium for anti-social behaviour. The expulsion orders are new. Until these cases, ownership within condominium in Canadian common law jurisdictions was thought to be as robust as ownership outside condominium such that owners could not be evicted from and forced to sell their …
Aggregate Alienability,
2016
Villanova University Charles Widger School of Law
Aggregate Alienability, Luke Meier, Rory Ryan
Villanova Law Review (1956 - )
No abstract provided.
2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note,
2016
Roger Williams University
2015 Survey Of Rhode Island Law: Cases And Public Laws Of Note, Roger Williams University Law Review Staff
Roger Williams University Law Review
No abstract provided.
Of Progressive Property And Public Debt,
2016
Texas A&M University School of Law
Of Progressive Property And Public Debt, Christopher K. Odinet
Faculty Scholarship
Debt is property, and, because of this, property law has a lot to say about how debts are resolved. Indeed, property law is deeply woven into the fabric of the bankruptcy process — a fact that has been woefully neglected by many scholars. The ability to provide debtors with relief and the ability of creditors to demand protections from discharge or diminished payments are both concepts that are intimately tied to property law. However, despite the doctrinal workings of property law in this context, from a theoretical standpoint property law has been underutilized. This is particularly true, as this Article …
Rerum Novarum: New Things And Recent Paradigms Of Property Law,
2016
Florida International University College of Law
Rerum Novarum: New Things And Recent Paradigms Of Property Law, M C. Mirow
Faculty Publications
The two most recent paradigmatic moments in the development of property law were the construction of "social property" about a hundred years ago and of "international property" quite recently. This study analyses two important texts as illustrations of these changes: Leo XIII's encyclical Rerum Novarum (1891) and John Sprankling's book The International Law of Property (2014). Each text signals a paradigm shift in our understanding of property.
The Perverse Effects Of Subsidized Weather Insurance,
2016
University of Chicago Law School
The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
Articles
This Article explores the role of insurance as a substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions as well as for cost-justified mitigation efforts in building construction and infrastructure. Currently, however, much insurance for severe-weather risks is provided and heavily subsidized by the government. This Article demonstrates two primary distortions arising from the government’s dominance in these insurance markets. First, existing government subsidies are allocated differentially across households, resulting in a significant regressive redistribution favoring affluent homeowners …
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.
