Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?,
2015
University of Oklahoma College of Law
Does Anyone Have “Actual Knowledge” Of What Effects The Cape Town Treaty Has Had On The Application Of Philko Aviation, Inc. V. Shacket?, Kaitlyn E. Schrick
Oklahoma Law Review
No abstract provided.
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron,
2015
Mitchell Hamline School of Law
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams
William Mitchell Law Review
No abstract provided.
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act,
2015
Elisabeth Haub School of Law at Pace University
Paradoxes, Parallels And Fictions: The Case For Landlord Tort Liability Under The Revised Uniform Residential Landlord-Tenant Act, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
In this article, I show how a coherent legal narrative must capture the revolution's radical policy by abandoning the no tort liability rule, which can be done in a number of ways: an open acknowledgement that the duty to repair creates a new property right that must be enforced by a property rule or more subtly through the use of both traditional and modern tools of jurisprudence, that is, legal fictions, equitable maxims and economic efficiency analysis. This article proceeds with a discussion of the common law landlord-tenant law, the adoption of the implied warranty of habitability, along with the …
On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality,
2015
Texas A&M University School of Law
On Corrective Justice And Rights In Property: A Comment On Property Law And Social Morality, Eric R. Claeys
Texas A&M Journal of Property Law
In this Review, I hope to critique specific parts of Property Law and Social Morality that fairly represent these various reactions. In Part I, I explain the basis for my first cheer, and situate Property Law and Social Morality in relation to other prominent moral theories of property. In Part II, I study one representative example confirming my second cheer about Gerhart’s cross-pollination experiment—his critique of economic “evolutionary” or “Demsetzian” accounts of property in chapter 4. In Part III, I offer what I hope is a friendly amendment to Property Law and Social Morality, to clarify several possible confusions about …
From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights,
2015
Texas A&M University School of Law
From Social Recognition Of Property To Political Recognition By The State: Peter Gerhart’S Property Law And Social Morality And The Evolution Of Positive Rights, Christopher Serkin
Texas A&M Journal of Property Law
This short response argues that positive property rights—especially in a modern regulatory state—are inherently redistributive. When the State has a choice between different regulatory strategies for achieving public goals, constitutional limits like the Takings Clause should not rely on formal categories but must instead account explicitly for distributive concerns. At the end of the day, the State is an active, not passive, player in the definition of property rights, a role that comes with both constitutional limitations and requirements.
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era,
2015
University of Florida Levin College of Law
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright
UF Law Faculty Publications
After providing a brief explanation of railroad development, railbanking, the takings cases, and the Brandt Trust decision, this Article will explore the implications of each of these three legal issues at the heart of the takings disputes. What makes the decision in Marvin M. Brandt Revocable Trust v. United States particularly disappointing is not that the Court came to the wrong conclusion in its interpretation of the railroad’s interest in federally granted railroad rights of way (“FGROWs”) granted pursuant to the 1875 General Railroad Right of Way Act, but that its wrong interpretation adds all of the 1875 Act FGROW …
Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015),
2015
UIC School of Law
Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015), Joshua Fershee, S. Alex Shay
UIC Law Review
No abstract provided.
Industry Career Guide Ownership Dwellings And Real Estate,
2015
De La Salle University, Manila
Industry Career Guide Ownership Dwellings And Real Estate, Ma. Concepcion G. Latoja, Denise Serrano
Angelo King Institute for Economic and Business Studies (AKI)
This industry career guide on Ownership Dwelling and Real Estate (ODRE) aims to inform readers of the range of career options that are open to those who want to work in the industry. By presenting an array of occupations typically found in this field, the reader is informed of the basic requirements to land a specific job in this industry, the associated job environment and possibilities for job movement either in terms of promotion and/or moving laterally from one type of job to another within the industry. In the context of discussing job prospects, it lays out the issues surrounding …
Belk V. Commissioner: Land Substitutions In Conservation Easements,
2015
Loyola Marymount University and Loyola Law School
Belk V. Commissioner: Land Substitutions In Conservation Easements, Morgan Davis
Loyola of Los Angeles Law Review
No abstract provided.
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes For Community Uses,
2015
Howard University
Property Rebels: Reclaiming Abandoned, Bank-Owned Homes For Community Uses, Valerie Schneider
American University Law Review
No abstract provided.
Deploying The Common Law To Quasi-Marxist Property On Mars,
2015
University of South Dakota School of Law
Deploying The Common Law To Quasi-Marxist Property On Mars, Thomas Simmons
Faculty Publications
If and when the first human settlement arrives on Mars, it may be with the intention of staying on permanently. Progress and the spirit of adventure being what they are, the first group of settlers may be joined some time thereafter by a second. In anticipation of two groups of settlers on Mars who may compete over scarce suitable landscapes for sustaining the basic human needs of oxygen, energy, water, shelter and food, a framework of private property rights is necessary. In crafting possible frameworks, the 1967 Outer Space Treaty’s (OST) governing provisions regarding property law must be considered. Existing …
Tools Of Ignorance: An Appraisal Of Deficiency Judgments,
2015
Saint Louis University School of Law
Tools Of Ignorance: An Appraisal Of Deficiency Judgments, Alan M. Weinberger
All Faculty Scholarship
While achieving success as a major league catcher, Mike Matheny was preparing for a post-baseball career in real estate development. He could not have picked a worse time to pursue his aspiration. Matheny lost his accumulated savings and his family’s home after being held personally liable for a $4.2 million deficiency judgment following foreclosure of property he was unable to develop or market during the Great Recession. Matheny’s failure to succeed in real estate was the proximate cause of his return to baseball as manager of the St. Louis Cardinals. Matheny’s story provides the backdrop for examining the methods by …
Ownership And Possession,
2015
Columbia Law School
Ownership And Possession, Thomas W. Merrill
Faculty Scholarship
One of the enduring mysteries about property is why the law protects both ownership and possession. In a pre-modern world, with low rates of literacy and no formal method of registering titles, one can understand why the law would protect possession. In such a world, there may be no concept of property beyond the understanding that persons should respect possessory rights established by others. It is less clear why possession should be protected once property comes to be understood as ownership. Ownership and possession will commonly overlap, and protecting ownership will protect possession. Nevertheless, even in the most sophisticated legal …
Introduction: Toward Voice And Reflexivity,
2015
Columbia Law School
Introduction: Toward Voice And Reflexivity, Olivier De Schutter, Katharina Pistor
Faculty Scholarship
In their introductory chapter, De Schutter and Pistor argue that in light of increasing absolute and relative scarcity of land and fresh water there is urgent need to improve the governance of these and other essential resources. Emphasizing “essentiality” shifts the debate from allocative efficiency to normative concerns of equity and dignity. Essential resources are indispensable for survival and/or for meaningful participation in a given community. Their allocation therefore cannot be left to the pricing mechanism alone. It requires new parameters for governance. The authors propose Voice and Reflexivity as the key parameters of such a regime. Voice is …
Enforcing Takings Clauses In China,
2015
Allard School of Law at the University of British Columbia
Enforcing Takings Clauses In China, Jie Cheng
All Faculty Publications
Property rights are considered fundamental in constitutional jurisprudence and essential for economic development. However, China’s economic growth over the past 30 years has posed a special paradox to many theorists: for some, it is a mysterious phenomenon that China could continue rapid growth for a few decades without proper contract law until 1999 and without constitutional private property rights until after 2004. For others, the lack of property rights explains the social unrests arising from land-taking and the potential risk of non-sustainability of further development. This does not mean that there is no property protection in China; both the Constitution …
Acknowledgment Of Supporters,
2015
University of New Mexico
Acknowledgment Of Supporters, Utton Center, University Of New Mexico - School Of Law
Water Matters!
List of supporters.
Emergency Takings,
2015
Brooklyn Law School
Emergency Takings, Brian Angelo Lee
Michigan Law Review
Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …
Due Process For Cash Civil Forfeitures In Structuring Cases,
2015
University of Michigan Law School
Due Process For Cash Civil Forfeitures In Structuring Cases, Timothy J. Ford
Michigan Law Review
On January 22, 2013, Tarik “Terry” Dehko sat down to pay the bills for his small Michigan grocery store when a federal agent entered his office. The agent told Dehko that the Internal Revenue Service (IRS) had executed a seizure warrant and taken the market’s entire bank account—more than $35,000. When Dehko asked how he could run his business without its bank account, the agent replied, “I don’t care.” The government did not charge Dehko with a crime that day. In fact, Dehko had never been charged with any crime in his life. Instead, the government waited until July 19 …
Three Things: A Tribute To Judge Morris Sheppard Arnold,
2015
Notre Dame Law School
Three Things: A Tribute To Judge Morris Sheppard Arnold, Nicole Stelle Garnett
Journal Articles
On February 20, 2015, the Arkansas Bar Association hosted a tribute to Judge Morris Sheppard Arnold (8th Cir., retired). I had the privilege of clerking for Judge Arnold in 1995-96 and the great honor of being asked to speak about the Judge at the event. Greenbag graciously agreed to publish my remarks.
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality,
2015
Louisiana State University Law Center
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
Journal Articles
The article focuses on the equal management laws in the community property reform for the well-being and future prosperity of the family. Topics discussed include separate property regime and the community property regime in the U.S., examines the history of the reform era and argues that equality was not the primary goal of the legal reform and examines how spouses actually managed their money in the pre-1970s era.
