Property Law and Real Estate Commons^™

Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge

Pepperdine Law Review

No abstract provided.

Kickbacks, Rebates And Tying Arrangements In Real Estate Transactions; The Federal Real Estate Settlement Act Of 1974; Antitrust And Unfair Practices, Conrad G. Tuohey

Pepperdine Law Review

No abstract provided.

Current Condominium Practice Problems, John Paul Hanna

Pepperdine Law Review

No abstract provided.

Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii

Pepperdine Law Review

No abstract provided.

Summary Of Jacinto V. Pennymac Corp., 129 Nev. Adv. Op. 32, Michael Esposito

Nevada Supreme Court Summaries

Appeal from a district court order granting a petition for judicial review in a Foreclosure Mediation Program (FMP) matter. The Court addressed the issue of whether a homeowner whose petition for judicial review in a FMP matter was granted, but whose request for a judicially imposed loan modification was denied, is an aggrieved party with standing to appeal the amount and nature of sanctions.

Governing The Anticommons In Aggregate Litigation, D. Theodore Rave

Vanderbilt Law Review

Following the September 11, 2001 terrorist attacks, more than ten thousand rescue and cleanup workers brought individual lawsuits against New York City for respiratory and other illnesses they developed after working in the ruins of the World Trade Center. After years of litigation, the parties put together a comprehensive settlement in 2010. The defendant agreed to pay a total of $625 million so long as 95% of the plaintiffs accepted the terms of the settlement. If 100% of the plaintiffs signed on, however, the defendant was willing to increase the total settlement amount to be shared among all the plaintiffs …

Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso

Faculty White Papers

No abstract provided.

What Lies Beneath Section 956(C)(1)(D): Does An Intangible Property Right Constitue An Investment In U.S. Property?, Paul K. Marineau

Brigham Young University International Law & Management Review

No abstract provided.

The Puzzling Persistence Of Horizontal Privity, Michael Lewyn

Scholarly Works

A discussion of the horizontal privity doctrine. Under this doctrine, restrictive covenants are binding upon future grantees only if the original parties to the covenant share some property interest outside the covenant- for example, if they are grantor and grantee of the same land, or if they are landlord and tenant. Although the doctrine has been often criticized by scholars, no recent court has rejected the privity requirement.

Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Deferential Review Of An Administrative Agency's Decision In Federal District Court: International College Of Surgeons V. City Of Chicago , Karen L. Vinzant

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Practicalities And Peculiarities: The Heightened Due Process Standard For Notice Under Jones V. Flower, Emily Riley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Dark Side Of Town: The Social Capital Revolution In Residential Property, Stephanie M. Stern

All Faculty Scholarship

Social capital has pervaded property law, with scholars and policymakers advocating laws and property arrangements to promote social capital and relying on social capital to devolve property governance from legal institutions to resident groups. This Article challenges the prevailing view of social capital’s salutary effects with a more skeptical account that examines the dark side of residential social capital — its capacity to effectuate local factions and promote restraints and inegalitarianism that close off property. I introduce a set of claims about social capital’s dark side in residential property and explore these points through the examples of local racial purging, …

Trademark Owner As Adverse Possessor: Productive Use And Property Acquisition, Jake Linford

Scholarly Publications

There is an ongoing debate over whether or not a trademark is “property,” and what the appropriate boundaries of such a property right might be. Some scholars assert that rules and justifications developed to handle rights in real property are generally a poor fit for intellectual property regimes and for trademark protection in particular. Others respond that a unified theory of property should be able to account for both real and intellectual property. Neither approach fully recognizes that property regimes are multifaceted. A close look at the critical features of particular regimes can pay unexpected dividends.

This Article reveals how …

Property: A Bundle Of Sticks Or A Tree?, Anna Di Robilant

Vanderbilt Law Review

In 1973 John Henry Merryman noted that property law is a largely unexplored field of comparative study.' According to Merryman, common lawyers and civilians have long viewed their respective property systems as radically different and hardly comparable. In Merryman's words, the civil law is a law of "ownership," while the common law is a law of "estate." Civil law systems conceive of property as ownership, as holistic dominion: exclusive, single, indivisible, and different in nature from lesser property interests. By contrast, property in the common law is pluralistic and fragmented, having at its core the estates system and the many …

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.

A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos

West Virginia Law Review

No abstract provided.

Panorama - Jefferson Mok, James Hagy, Arthy Bakthavasalam

Rooftops Project

What is your real estate strategy when you are the first on-the-ground representative of a social service not-for-profit entering a remote market abroad with a new program? Jefferson Mok reflects on four years in Burundi in a conversation with The Rooftops Project’s Arthy Bakthavasalam and Professor James Hagy.

Perspectives - Michael Carlton Of Carlton Architecture, James Hagy, Emily Barile

Rooftops Project

Michael Carlton talks with The Rooftops Project’s Emily Barile and Professor James Hagy about the intersections among architecture, interior design, real estate, and not-for-profit strategic planning.

The Ninth Vote In The "Stop The Beach" Case, John Paul Stevens

Chicago-Kent Law Review

No abstract provided.