Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt,
2013
Cornell Law School
Paying Paul And Robbing No One: An Eminent Domain Solution For Underwater Mortgage Debt, Robert C. Hockett
Cornell Law Faculty Publications
In the view of many analysts, the best way to assist “underwater” homeowners — those who owe more on their mortgages than their houses are worth — is to reduce the principal on their home loans. Yet in the case of privately securitized mortgages, such write-downs are almost impossible to carry out, since loan modifications on the scale necessitated by the housing market crash would require collective action by a multitude of geographically dispersed security holders. The solution, this study suggests, is for state and municipal governments to use their eminent domain powers to buy up and restructure underwater mortgages, …
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy,
2013
New York Law School
Governmental Conservation Easements: A Means To Advance Efficiency, Freedom From Coercion, Flexibility, And Democracy, Gerald Korngold
Articles & Chapters
Over the past twenty-five years, courts and commentators have recognized and upheld conservation easements as an important vehicle to preserve natural and ecologically sensitive land, focusing primarily on easements held by nonprofit organizations (NPOs). During the same period, courts and commentators have supported property rights of owners against governmental land use regulation. This paper maintains that these two independent developments militate for the increased use of consensual conservation easements by governmental entities to achieve public land preservation goals. Governmental conservation easements can realize the benefits of efficiency, consent and free choice, and conservation, while avoiding the coercion implicit in public …
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas,
2013
University of Arkansas at Little Rock William H. Bowen School of Law
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
Law Faculty Scholarship
Two recent independent reports have revealed that Arkansas's residential landlord-tenant law is significantly out of balance with that of other states and, moreover, is arguably unconstitutional in part. How did this come about, and why is Arkansas so different?
Statutory Foreclosures In Arkansas: The Law And Recent Developments,
2013
University of Arkansas at Little Rock William H. Bowen School of Law
Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster
Law Faculty Scholarship
No abstract provided.
A Federalist Blessing In Disguise: From National Inaction To Local Action On Underwater Mortgages,
2013
Cornell Law School
A Federalist Blessing In Disguise: From National Inaction To Local Action On Underwater Mortgages, Robert C. Hockett, John Vlahoplus
Cornell Law Faculty Publications
While it is widely recognized that the mortgage debt overhang left by the housing price bubble and bust continues to operate as the principal drag upon U.S. macroeconomic recovery, few seem to appreciate just how locally concentrated the problem is. This paper takes the measure of the national mortgage debt overhang problem as a cluster of local problems warranting local action. It then elaborates on one form of such action that the localized nature of the ongoing mortgage crisis justifies - use of municipal eminent domain authority to purchase underwater loans, then modify them in a manner that benefits debtors, …
Think Twice: Charging Orders And Creditor Property Rights,
2013
St. Mary's University School of Law
Think Twice: Charging Orders And Creditor Property Rights, Chad J. Pomeroy
Kentucky Law Journal
No abstract provided.
The Property Jurisprudence Of Justice Kennedy,
2013
Pacific McGeorge School of Law
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Panel Iii: Politics And The Public In Ip & Info Law Policy Making,
2013
Benjamin N. Cardozo School of Law
Panel Iii: Politics And The Public In Ip & Info Law Policy Making, Michael J. Burstein, Derek Khanna, Jessica Littnan, Sherwin Siy, Richard S. Whitt
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Emperor's New Loans: A Cautionary Tale From The Subprime Era,
2013
Brooklyn Law School
The Emperor's New Loans: A Cautionary Tale From The Subprime Era, David J. Reiss
Faculty Scholarship
No abstract provided.
Redeeming Transect Zoning?,
2013
Notre Dame Law School
Redeeming Transect Zoning?, Nicole Stelle Garnett
Journal Articles
Thanks to the growing influence of the new urbanists- a group of architects aid urban-planning professionals who promote the development of mixed-land-use neighborhoods- "transect zoning" is becoming the zoning reform du jour. Over the last few decades, the new urbanists have mounted a remarkably successful public-relations campaign against traditional zoning practices and the suburban land use patterns that they mandate. The new urbanists' case against zoning is part antisuburban polemic and part pro-urban philosophy. At heart, the new urbanists' claim is that cities are good for us-and suburbs are bad. Or, to put the claim into social-science terminology, the new …
Mezzanine Debt And Preferred Equity In Real Estate,
2013
New York Law School
Mezzanine Debt And Preferred Equity In Real Estate, Andrew R. Berman
Articles & Chapters
No abstract provided.
A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation,
2013
Seton Hall Law
A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena
Student Works
No abstract provided.
Ownership And Obligations: The Human Flourishing Theory Of Property,
2013
Cornell Law School
Ownership And Obligations: The Human Flourishing Theory Of Property, Gregory S. Alexander
Cornell Law Faculty Publications
Private property ordinarily triggers notions of individual rights, not social obligations. The core image of property rights, in the minds of most people, is that the owner has a right to exclude others and owes no further obligation to them. That image is highly misleading. Property owners owe far more responsibilities to others, both owners and non-owners, than the conventional imagery of property rights suggests. Property rights are inherently relational, and because of this characteristic, owners necessarily owe obligations to others. But the responsibility, or obligation, dimension of private ownership has been sorely under-theorised. Inherent in the concept of ownership …
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage,
2013
Singapore Management University
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …
From Space-Off To Represented Space,
2013
University of Colorado Law School
From Space-Off To Represented Space, Lolita Buckner Inniss
Publications
In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, …
Learning How To Fish: Catch Shares And The Future Of Fishery Conservation,
2013
William & Mary Law School
Learning How To Fish: Catch Shares And The Future Of Fishery Conservation, Jonathan H. Adler, Nathaniel Stewart
Faculty Publications
The hard choices being made in an effort to save the Atlantic cod fishery today are all too common, as policymakers continue to employ and rely upon failed conservation policies, leaving fisheries the world over poorly managed and under stress. By some measures, a majority of exploited fisheries are depleted or in decline. Even more troubling, new research suggests that those fisheries about which scientists know the least may be in the worst shape. Yet all is not lost—perhaps not even for the great Atlantic cod. These same assessments conclude that, with proper management, fishery yields could double while remaining …
Restituting Nazi-Looted Art: Domestic, Legislative, And Binding Intervention To Balance The Interests Of Victims And Museums,
2013
Vanderbilt University Law School
Restituting Nazi-Looted Art: Domestic, Legislative, And Binding Intervention To Balance The Interests Of Victims And Museums, Katharine N. Skinner
Vanderbilt Journal of Entertainment & Technology Law
The Nazis engaged in widespread art looting from Holocaust victims, either taking the artwork outright or using legal formalities to effect a transfer of title under duress. Years later, US museums acquired some of these pieces on a good-faith basis. Now, however, they face lawsuits by the heirs of Holocaust victims, who seek to have the museums return the artwork. Though good title cannot pass to the owner of stolen property under US law, unfavorable statutes of limitations, high financial hurdles, or discovery problems, among other obstacles, bar many of these claimants from seeking recovery. Though some museums have amicably …
Supra Synopses,
2013
Seattle University School of Law
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review Online
No abstract provided.
0814: C. H. Freeman Collection, 1877-1977,
2013
Marshall University
0814: C. H. Freeman Collection, 1877-1977, Marshall University Special Collections
Guides to Manuscript Collections
Papers related to the C.H. Freeman estate. Zubah and C.H. Freeman had many investments such as the Yawkey and Freeman Coal Company and the Freeman Estates. This collection contains contract agreements for property purchases of the Estates, a contour map of what seems to be the Freeman’s country residence, and correspondences between Zubah and realtors. This collection also houses some of Zubah’s family documents including old letters, registers of visitors from Klingel-Carpenter Mortuary, and Paul and Ricky Ray’s basketball documents.
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation,
2013
Benjamin N. Cardozo School of Law
Conservation Easements As Charitable Property: Fiduciary Duties And The Limits Of Charitable Self-Regulation, Melanie B. Leslie
Articles
No abstract provided.
