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Once A Failed Remic, Never A Remic, Bradley T. Borden, David J. Reiss 2012 Brooklyn Law School

Once A Failed Remic, Never A Remic, Bradley T. Borden, David J. Reiss

Cornell Law Faculty Working Papers

Investors in mortgage-backed securities, built on the shoulders of the tax-advantaged Real Estate Mortgage Investment Conduit (“REMIC”), may be facing extraordinary tax losses because of how bankers and lawyers structured (or failed to structure) these securities. This calamity is compounded by the fact that those professional advisors should have known that the REMICs they created were flawed from the start.


Property Rights For Natural Resources Management In Indonesia: Have They Been Ruled Unconstitutional?, Sarah Waddell 2012 Faculty of Law University of New South Wales

Property Rights For Natural Resources Management In Indonesia: Have They Been Ruled Unconstitutional?, Sarah Waddell

Indonesia Law Review

A new property right known as the coastal waters commercial use right (Hak Pengusahaan Pengairan Pesisir (HP-3)) introduced by Law No. 27 of 2007 regarding the Management of Coastal and Small Island Areas has been ruled inoperative by the Constitutional Court. The decision raises a question as to whether the door has been closed to marketbased instruments that rely on property rights as a policy tool in natural resources management. This concern is relevant as legal developments in natural resources law internationally have moved away from traditional forms of regulation to focus on the creation of new statutory property rights …


Book Review: Who Owns The Moon?: Extraterrestrial Aspects Of Land And Mineral Resources Ownership, F. Tim Knight 2012 Osgoode Hall Law School of York University

Book Review: Who Owns The Moon?: Extraterrestrial Aspects Of Land And Mineral Resources Ownership, F. Tim Knight

Librarian Publications & Presentations

This is a review of Who Owns the Moon?: Extraterrestrial Aspects of Land and Mineral Resources Ownership by Virgiliu Pop (ISBN: 978-1-4020-9134-6)


Property Before Property: Romanizing The English Law Of Land, Thomas J. McSweeney 2012 Cornell University

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Buffalo Law Review

No abstract provided.


Property Before Property: Romanizing The English Law Of Land, Thomas J. McSweeney 2012 William & Mary Law School

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


The Abnormalcy Of Normal Delay, Kimberly Horsley 2012 Pepperdine University

The Abnormalcy Of Normal Delay, Kimberly Horsley

Pepperdine Law Review

No abstract provided.


Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power 2012 University of Maryland Francis King Carey School of Law

Baltimore After The War Of 1812: Where Robert Mills Met His Waterloo And When James A. Buchanan Broke The Bank, Garrett Power

Faculty Scholarship

In 1815 Baltimore City was boom town. Its militiamen had repulsed the British sea invasion and presaged an end to the War of 1812. Napoleon’s defeat at Waterloo in 1815 signaled an end to European wars. Freedom of the seas had been restored. The Baltimore “Clipper” was the best sailing ship on the ocean. Baltimore looked to become the country’s leading exporter of grain, flour, and tobacco. Merchant James A. Buchanan, a partner in one of the country’s greatest shipping firms, had been named President of the Baltimore Branch of the Second National Bank of the United States. Civic leaders …


Comment On The Federal Housing Finance Agency’S Strategic Plan: Fiscal Years 2013-2017, David J. Reiss 2012 Cornell Law School

Comment On The Federal Housing Finance Agency’S Strategic Plan: Fiscal Years 2013-2017, David J. Reiss

Cornell Law Faculty Working Papers

This is a comment upon Performance Goal 4.3 from the Federal Housing Finance Agency’s Strategic Plan: Fiscal Years 2013-2017. Performance Goal 4.3 addresses the future of Fannie Mae and Freddie Mac as well as the future of the infrastructure of the residential housing finance market. This comment will address the future of Fannie and Freddie after they exit conservatorship. Once analyzed in the context of regulatory theory, Fannie and Freddie’s future seems clear. They should be privatized so that they can compete on an even playing field with other financial institutions, and their public functions should be assumed by pure …


Governance Property, Gregory S. Alexander 2012 Cornell Law School

Governance Property, Gregory S. Alexander

Cornell Law Faculty Publications

Exclusion theorists of property think that the concept of property properly concerns only the relations between owners and nonowners — that is, the external relationships of owners, or what we might call the “external life” of property. From this perspective, the internal relationships among property stakeholders — the “internal life” of property — are irrelevant from a conceptual point of view. I argue that this is a distorted and misleading view of property. To reveal this misconception, I distinguish between two types of property, which I call exclusion property and governance property. Governance property, not exclusion property, is the dominant …


The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary 2012 University of Oregon School of Law

The Probate Definition Of Family: A Proposal For Guided Discretion In Intestacy, Susan N. Gary

University of Michigan Journal of Law Reform

Intestacy statutes may not match the wishes of many people who die intestate. Changes to the Uniform Probate Code (UPC) include or exclude potential takers, as the drafters attempt to bring the UPC provisions closer to the intent of more intestate decedents. As the UPC tries to fine-tune the intestacy statutes, however, family circumstances continue to get more and more complicated. Families headed by unmarried couples, blended families with children from multiple marriages, and families in which adults raise children who are not legally theirs, have become commonplace. For some decedents, non-family friends and caregivers may be more important than …


Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Terrace V. Thompson And The Legacy Of Manifest Destiny, Jean Stefancic

Nevada Law Journal

No abstract provided.


The Economics Of Necessity, Keith N. Hylton 2012 Boston University School of Law

The Economics Of Necessity, Keith N. Hylton

Faculty Scholarship

The necessity doctrine aligns the private and the social incentive for a property possessor to take a defensive action that prevents an invasion of his property from occurring. The model described here is also applicable to self-help in contracts.


The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee 2012 Brigham Young University Law School

The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee

Brigham Young University International Law & Management Review

No abstract provided.


The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos 2012 William & Mary Law School

The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos

William & Mary Bill of Rights Journal

No abstract provided.


"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell 2012 William & Mary Law School

"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell

William & Mary Bill of Rights Journal

During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …


Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin 2012 Cornell Law School

Why In Re Omegas Group Was Right: An Essay On The Legal Status Of Equitable Rights, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson 2012 William & Mary Law School

At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson

William & Mary Environmental Law and Policy Review

No abstract provided.


Atrocity, Entitlement, And Personhood In Property, Daniel J. Sharfstein 2012 Vanderbilt University Law School

Atrocity, Entitlement, And Personhood In Property, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

This Article proceeds in three parts. Part 1 examines the centrality and progressive valence of personhood as a conception of property and sketches out a case for why atrocity might foster beliefs of entitlement, gesturing towards Radin's own "intuitive account" of personhood. However, instead of rooting my discussion in Hegel as Radin did, I turn to social psychology and accounts of law and violence to show how bad acts committed in the course of acquiring and owning property can create a deep connection between owner and land. In Part II, I attempt to historicize personhood in the American property tradition. …


Judicial Takings In Vandevere V. Lloyd, Cory S. Clements 2012 Brigham Young University Law School

Judicial Takings In Vandevere V. Lloyd, Cory S. Clements

BYU Law Review

No abstract provided.


Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser 2012 American University Washington College of Law

Tribes, Land, And The Environment, 1d, Sarah Krakoff, Ezra Rosser

Books

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays …


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