Passive Takings: State Inaction And The Duty To Protect Property,
2014
Vanderbilt University Law School
Passive Takings: State Inaction And The Duty To Protect Property, Christopher Serkin
Vanderbilt Law School Faculty Publications
As conventionally understood, regulatory takings doctrine protects property owners from the most significant costs of legal transitions. Legal change has therefore always been central to regulatory takings claims. This Article argues that it does not need to be, and that governments can violate the Takings Clause by failing to act in the face of a changing world. This is much more than a minor refinement of takings law because government liability for failing to act means that, in at least some circumstances, the Takings Clause imposes an affirmative obligation on the government to protect property. This liability runs counter to …
Passive Takings: The State's Affirmative Duty To Protect Property,
2014
Vanderbilt Law School
Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin
Michigan Law Review
The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal transitions. Paradigmatically, a regulatory taking involves a government action that interferes with expectations about the content of property rights. Legal change has therefore always been central to regulatory takings claims. This Article argues that it does not need to be and that governments can violate the Takings Clause by failing to act in the face of a changing world. This argument represents much more than a minor refinement of takings law because recognizing governmental liability for failing to act means …
Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production,
2014
University of Oklahoma College of Law
Lights Out In The Bakken: A Review And Analysis Of Flaring Regulation And Its Potential Effects On North Dakota Shale Oil Production, Monika U. Ehrman
West Virginia Law Review
No abstract provided.
Reinvigorating The Reit's Neutrality And Capital Formation Purposes Through A Modernized Tax Integration Model,
2014
Pepperdine University
Reinvigorating The Reit's Neutrality And Capital Formation Purposes Through A Modernized Tax Integration Model, Simon Johnson
The Journal of Business, Entrepreneurship & the Law
Efforts at reform have not spared the REIT arrangement, but have focused on objectives unrelated to its model of tax integration, despite its significant flaws. Owing to the interaction of several provisions, the model largely precludes capitalization through retained earnings. This increases the cost of REIT capital and limits its capacity to realize the neutrality and private real estate capital formation objectives Congress pursued in creating the arrangement. Accordingly, it is important to consider how to durably improve the REIT tax integration model. Ultimately, the article concludes that the shareholder allocation model, a complete integration model conceptually similar to the …
Supreme Court, New York County, Uhlfelder V. Weinshall,
2014
Touro University Jacob D. Fuchsberg Law Center
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga,
2014
Touro University Jacob D. Fuchsberg Law Center
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
Property Rights In Eastern Germany: An Overview Of The Amended Property Law,
2014
McGuire, Woods, Battle & Boothe
Property Rights In Eastern Germany: An Overview Of The Amended Property Law, A. Bradley Shingleton, Volker Ahrens, Peter Ries
Georgia Journal of International & Comparative Law
No abstract provided.
German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy,
2014
University of Georgia School of Law
German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: The Role Of Federal Law In Private Wealth Transfer,
2014
Vanderbilt University Law School
Symposium: The Role Of Federal Law In Private Wealth Transfer, Jeffrey Schoenblum
Vanderbilt Law Review
Property and inheritance are "quintessential state matters."' In fact, there is no federal intestacy law. There is no federal wills law. There is no federal trust law. And yet.... Increasingly, federal law impacts court decisions involving private wealth transfer. Increasingly, federal law is the central consideration in premortem and postmortem planning for private wealth transfer. Despite this, until recently, little scholarly attention has been paid to this phenomenon; the assumption regarding the centrality of state law, quoted above, having gone largely unquestioned. But now that the "sleeping giant" has awakened, the role that federal law plays in private wealth transfer …
Mirrored Externalities,
2014
BYU Law School
Mirrored Externalities, Lisa Grow Sun, Brigham Daniels
Notre Dame Law Review
A fundamental but underappreciated truth is that positive and negative externalities are actually mirror reflections of each other. What we call “mirrored externalities” exist because any action with externalities associated with it can be described as a choice to do or to refrain from doing that particular action. For example, if a person smokes and thereby creates a negative externality of more secondhand smoke, then her choice not to smoke creates a positive externality of less secondhand smoke. Conversely, if a person’s choice to get an immunization confers a positive externality of reducing vectors for disease transmission, then a choice …
The Informal Property Rights Of Boomerang Children In The Home,
2014
University of Maryland Francis King Carey School of Law
The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy
Maryland Law Review
Adult children living with their parents represent an increasingly common social phenomenon in the United States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children living with their parents? Do parents have any additional duties when they rescind permission for their child to live with them? Property and family scholars have not addressed this important issue. This Article fills the void. Instead of treating people who live together as strangers, owing no legal obligations to one another, I argue that under certain conditions living with others creates a property …
Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides),
2014
William and Mary Law School
Contingent Purchase Price, Contingent Liabilities And Indemnities In Taxable Acquisitions (Slides), William M. Richardson, Robert H. Wellen
William & Mary Annual Tax Conference
No abstract provided.
Real Estate Documents Turn Green,
2014
Brooklyn Law School
Real Estate Documents Turn Green, Richard J. Sobelsohn
Faculty Scholarship
No abstract provided.
Symposium: The Role Of Federal Law In Private Wealth Transfer,
2014
Vanderbilt University Law School
Symposium: The Role Of Federal Law In Private Wealth Transfer, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
Increasingly, federal law impacts court decisions involving private wealth transfer. Increasingly, federal law is the central consideration in premortem and postmortem planning for private wealth transfer. Despite this, until recently, little scholarly attention has been paid to this phenomenon; the assumption regarding the centrality of state law, quoted above, having gone largely unquestioned. But now that the "sleeping giant" has awakened, the role that federal law plays in private wealth transfer requires serious and comprehensive academic consideration.
Response: Who Should Be Providing Mortgage Credit To American Households?,
2014
Cornell Law School
Response: Who Should Be Providing Mortgage Credit To American Households?, David Reiss
Cornell Law Faculty Publications
Who should be providing mortgage credit to American households? Given that the residential mortgage market is a ten-trillion-dollar one, the answer we come up with had better be right, or we may suffer another brutal financial crisis sooner than we would like. Indeed, the stakes are as high as they were in the Great Depression when the foundation of our current system was first laid down. Unfortunately, the housing finance experts of the 1930s seemed to have a greater clarity of purpose when designing their housing finance system. Part of the problem today is that debates over the housing finance …
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle,
2014
Texas A&M University School of Law
Justifying A Prudential Solution To The Williamson County Ripeness Puzzle, Katherine Mims Crocker
Faculty Scholarship
In the much-maligned 1985 case Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, the Supreme Court articulated a rule of “ripeness” requiring most Fifth Amendment regulatory-takings claimants to seek “just compensation” in state court before attempting to litigate in federal court. Williamson County and its progeny have opened a Pandora’s box of unforeseen complications, spawning many more questions than they purported to answer. At the forefront is what kind of requirement the rule is anyway. This Article contends that reading Williamson County as grounded in the Constitution (specifically, in Article III or the Fifth Amendment) runs the …
Comment On The Fhfa's Small Multifamily Subgoal,
2014
Cornell Law School
Comment On The Fhfa's Small Multifamily Subgoal, David J. Reiss, Jeffrey Lederman
Cornell Law Faculty Working Papers
As the FHFA sets the housing goals for 2015-2017, it should focus on maximizing the creation and preservation of affordable housing. Less efficient proposed subgoals should be rejected unless the FHFA has explicitly identified a compelling rationale to adopt them. The FHFA has not identified one in the case of the proposed small multifamily subgoal. Thus, it should be withdrawn.
Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic,
2014
University of Georgia School of Law
Rescuing Prague's Past: A Survey Of Legislative Attempts At Architectural And Historical Preservation In Prague, Czech Republic, Kirby Mitchell
Georgia Journal of International & Comparative Law
No abstract provided.
Law In Ancient Egyptian Fiction,
2014
New England School of Law
Law In Ancient Egyptian Fiction, Russ Versteeg
Georgia Journal of International & Comparative Law
No abstract provided.
