The New Progressive Property And The Low-Income Housing Conflict,
2012
Brigham Young University Law School
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
BYU Law Review
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property,
2012
Brigham Young University Law School
Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman
BYU Law Review
No abstract provided.
Back From The Abyss: Real Estate Tax Planning From The Bottom Up (Slides),
2012
William & Mary Law School
Back From The Abyss: Real Estate Tax Planning From The Bottom Up (Slides), Steven M. Friedman
William & Mary Annual Tax Conference
No abstract provided.
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property,
2012
University of Michigan Law School
Graffiti Museum: A First Amendment Argument For Protecting Uncommissioned Art On Private Property, Margaret L. Mettler
Michigan Law Review
Graffiti has long been a target of municipal legislation that aims to preserve property values, public safety, and aesthetic integrity in the community. Not only are graffitists at risk of criminal prosecution but property owners are subject to civil and criminal penalties for harboring graffiti on their land. Since the 1990s, most U.S. cities have promulgated graffiti abatement ordinances that require private property owners to remove graffiti from their land, often at their own expense. These ordinances define graffiti broadly to include essentially any surface marking applied without advance authorization from the property owner. Meanwhile, graffiti has risen in prominence …
Taking The Wind Out Of The Government's Sails?: Forfeitures And Just Compensation,
2012
Pepperdine University
Taking The Wind Out Of The Government's Sails?: Forfeitures And Just Compensation, J. Kelly Strader
Pepperdine Law Review
No abstract provided.
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common,
2012
Pepperdine University
Condos, Cats, And Cc&Rs: Invasion Of The Castle Common, Armand Arabian
Pepperdine Law Review
No abstract provided.
Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act,
2012
Pepperdine University
Is The United States V. Olin Decision Full Of Sound And Fury Signifying Nothing?: The Future Of Retroactive Liability Of The Comprehensive Environmental Response, Compensation, And Liability Act, Kevin J. Slattum
Pepperdine Law Review
No abstract provided.
Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53,
2012
Nevada Law Journal
Summary Of In Re: Fontainebleau Las Vegas Holdings, Llc, 128 Nev. Adv. Op. 53, David H. Rigdon
Nevada Supreme Court Summaries
The Court considered three questions certified by the United States Bankruptcy Court for the Southern District of Florida relating to the application of equitable subrogation and enforceability of contractual subordination against mechanics’ lien claimants under Nevada’s mechanics’ and materialmen’s lien statutes, codified in NRS Chapter 108.
America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership
,
2012
Pepperdine University
America’S Favorite Illiquid Investment: An Examination Of The Changing Social Perception Of Homeownership , Jeremiah J. Lee
The Journal of Business, Entrepreneurship & the Law
Purchasing a home is traditionally touted as one of the best investments an individual can make, but this advice may be simply too generic to be useful or applied too broadly to be good counsel. Social pressures encouraging homeownership in America have been fostered by decades of government programs. Modern uses of the family home as a financial investment, such as flipping homes or using a home equity line of credit to subsidize a higher standard of living, illustrate a perceptual shift in which many modern homeowners have come to consider the family home principally a tool for financial gain …
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com,
2012
Seattle University School of Law
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
Unjustifiable Expectations: Laying To Rest The Ghosts Of Allotment-Era Settlers,
2012
Seattle University School of Law
Unjustifiable Expectations: Laying To Rest The Ghosts Of Allotment-Era Settlers, Ann E. Tweedy
Seattle University Law Review
During the allotment era, the federal government took land from tribes and parceled some of it out to individual tribal members, while, in most cases, selling off the remainder to non-Indian settlers. Those actions, which are properly understood as unconstitutional takings, have been reinforced through decades of Supreme Court precedent. Specifically, the Court has used the now repudiated federal allotment policy, which contemplated eventual abolition of tribal governments, to justify contemporary incursions on tribal jurisdictional authority as well as other limitations on tribal sovereign rights. In this way, the Court builds new injustices upon old ones. This Article responds to …
Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust,
2012
University of Missouri School of Law
Empowering Settlors: How Proper Language Can Increase The Enforceability Of A Mandatory Arbitration Provision In A Trust, S. I. Strong
Faculty Publications
With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to what extent a mandatory arbitration provision found in a trust will be considered enforceable by a court. Up until now, most commentary in this area of law has focused on purely jurisprudential issues, with little attention being paid to the practical efforts that settlors can make to increase the enforceability of arbitration provisions found in trusts. This Article takes …
Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia,
2012
New York Law School
Perspectives - Benjamin Webb Of The Woodruff Arts Center, Atlanta, Georgia, James Hagy
Rooftops Project
Benjamin Webb discusses the rewards and challenges of being responsible for facilities management and energy for the largest mixed-program cultural center in the Southeastern U.S.
Profile - Legal Aid Center Of Southern Nevada,
2012
New York Law School
Profile - Legal Aid Center Of Southern Nevada, James Hagy
Rooftops Project
Responding to an ever-increasing need for pro bono legal services, the Legal Aid Center of Southern Nevada recently broke ground in downtown Las Vegas on what will become its new headquarters. Professor James Hagy, Director of The Rooftops Project, talks with Eexecutive Director Barbara Buckley about the project and the role that the new facility will play in advancing the Center’s mission and its services to clients.
Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena,
2012
New York Law School
Perspectives - Alyssa Bellew Of The Neighborhood Unitarian Universalist Church Of Pasadena, James Hagy
Rooftops Project
At manyplaces of worship, responsibility for oversight of the physical facilities falls to administrative staff as one more adjunct to an already busy schedule. At others, property tasks may be left to volunteers. The “on-the-job training” may often be self-taught. Professor James Hagy explores these challenges with Alyssa Bellew, Administrative Director of Neighborhood Unitarian Universalist Church.
Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia,
2012
New York Law School
Panorama - International Perspectives: Kathleen Curran, Director Of Casa Nuevo Horizonte, Santa Cruz, Bolivia, James Hagy
Rooftops Project
In this first of our series of international perspectives, Kathleen Curran relfects on the important role that physical space has played in her charitable mission in Bolivia supporting promising students seeking an advanced education in a setting of poverty.
Perspectives - Alice Korngold Of Korngold Consulting,
2012
New York Law School
Perspectives - Alice Korngold Of Korngold Consulting, James Hagy
Rooftops Project
Alice Korngold of Korngold Consulting presents her views on optimizing the match between not-for-profit organizations and prospective board member volunteers.
Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield,
2012
New York Law School
Perspectives - Steve Marcussen And Jonathan Sklar Of Cushman & Wakefield, James Hagy
Rooftops Project
Steve Marcussen and Jonathan Sklar of Cushman & Wakefield’s Los Angeles office share thoughts on how not-for-profit organizations can be more effective with their real estate assets and in implementing projects with outside real estate brokerage advisors.
Profile - Fernbank Museum Of Natural History,
2012
New York Law School
Profile - Fernbank Museum Of Natural History, James Hagy
Rooftops Project
Any natural history or science museum would be proud to haev the diversity of collections and programmatic resources found at Fernbank Museum of Natural History in Atlanta, Georgia. But few if any can law claim, as Fernbank does, to having “grown out of a forest.” Professor James Hagy, Director of The Rooftops Project, talks wiht Aneli Nugteren, Executive Vice President and Chief Operating Officer of Fernbank Museum, about its unique campus, mission, and facilities.
Profile - The California Endowment’S Center For Healthy Communities,
2012
New York Law School
Profile - The California Endowment’S Center For Healthy Communities, James Hagy
Rooftops Project
When the California Endowment planned new headquarters space for its own operations, its vision also included creating conference space suitable for events by other not-for-profits, opportunities for formal and informal collaboration among not-for-profits with compatible missions, and even incubator spaces for smaller organizations in need of an office presence. In this second article in his series looking at not-for-profits as urban neighbors, Professor James Hagy, Director of The Rooftops Project, talks with Anne-Marie Jones, Director of the Endowment’s Center for Healthy Communities, and Edward de la Torre, its Director of Facilities and Events.
