The Structural Causes Of Mortgage Fraud,
2010
UGA School of Law
The Structural Causes Of Mortgage Fraud, Jim Smith
Scholarly Works
Mortgage fraud, often a violation of federal and state criminal statutes, covers a number of different types of behavior, all of which have the common denominator of conduct that has the intent or effect of impairing the value of residential mortgage loans. Mortgage fraud has become prevalent over the past decade and shows no signs of diminishing despite the collapse of domestic housing markets during the past two years. This paper analyzes the complex relationships between prime mortgage loan markets, subprime markets, and various types of mortgage fraud. This paper concludes that the root causes of mortgage fraud are associated …
The Social-Obligation Norm Of Property: Duguit, Hayem, And Others,
2010
Florida International University College of Law
The Social-Obligation Norm Of Property: Duguit, Hayem, And Others, M C. Mirow
Faculty Publications
This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the development of Duguit's ideas. Hayem should be restored as a central influence on Duguit's thought and as one of the main and earliest proponents of the idea of the social-function norm. The article also examines the influence of Charmont, Comte, Durkheim, Gide, Hauriou, Landry, and Saleilles in Duguit's thought on property and its …
Book Review Of The Law Of The Land: The Advent Of The Torrens System In Canada, By Greg Taylor (Toronto: Osgoode Society For Canadian Legal History, 2008),
2010
Allard School of Law at the University of British Columbia
Book Review Of The Law Of The Land: The Advent Of The Torrens System In Canada, By Greg Taylor (Toronto: Osgoode Society For Canadian Legal History, 2008), Douglas C. Harris
All Faculty Publications
Systems for recording interests in land are not the subject of much public interest or concern in Canada. Occasionally a sympathetic victim of egregious fraud receives some media attention, but generally the land system operates quietly in the background. This has not always been so, and Greg Taylor's history of Torrens or title registration in Canada reveals a nineteenth century during which the merits and limitations of the common law, deeds registration, and title registration systems were vigorously and publicly debated. Eventually, title registration based on a model first developed in South Australia would prevail in the provinces and territories …
Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions,
2010
Touro Law Center
Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn
Scholarly Works
No abstract provided.
Abuse Of Rights: The Continental Drug And The Common Law,
2010
Boston University School of Law
Abuse Of Rights: The Continental Drug And The Common Law, Anna Di Robilant
Faculty Scholarship
This Article deploys a comparative approach to question a widely shared understanding of the impact and significance of abuse of rights. First, it challenges the idea that abuse of rights is a peculiarly civilian "invention," absent in the common law. Drawing on an influential strand of functionalist comparative law, the Article identifies the "functional equivalents of the doctrine in the variety of malice rules and reasonableness tests deployed by American courts in the late-nineteenth and early-twentieth century in fields as diverse as water law, nuisance, tortious interference with contractual relations, and labor law. The Article investigates the reasons why in …
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution,
2010
Allard School of Law at the University of British Columbia
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
All Faculty Publications
This paper was produced for “In Berle’s Footsteps,” a symposium marking the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society at the University of Seattle School of Law. It considers the light that the “derivatives revolution” sheds on the theoretical perspectives of Roberto Unger and Adolf Berle. While an unlikely pair, both Unger and Berle focused, in different ways, on the same issues: property, the power associated with property, and the impact of “smashing the atom” of traditional property rights. For Unger, breaking down consolidated property holding at the societal level was a pro-democratic move. …
Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, And Costs Lives (Introduction),
2010
Columbia Law School
Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, And Costs Lives (Introduction), Michael A. Heller
Faculty Scholarship
Twenty-five new runways would eliminate most air travel delays in America; fifty patent owners are blocking a major drug company from creating a cancer cure; 90 percent of our broadcast spectrum sits idle while American cell phone service suffers. These problems have solutions that can jump-start innovation and help save our troubled economy. So, what's holding us back?
Why Lingle Is Half Right,
2010
Columbia Law School
Why Lingle Is Half Right, Thomas W. Merrill
Faculty Scholarship
Lingle v. Chevron U.S.A. Inc. is a highly unusual decision in that it repudiated a legal doctrine that the Supreme Court itself had created. The Court was able to do this without overruling any prior decision because the repudiated doctrine-which condemned as a taking any regulation of property that fails to "substantially advance legitimate state interests" – had taken hold in the lower courts but had never been applied by the Court itself in support of a judgment. Lingle is also unusual in that there is no indication that the Court was motivated to jettison the doctrine because it was …
Direct Voting By Property Owners,
2010
Columbia Law School
Direct Voting By Property Owners, Thomas W. Merrill
Faculty Scholarship
Direct voting by property owners is a widespread but controversial tool for resolving disputes over local collective goods. Direct voting has powerful advantages, in that it can harness the superior knowledge of many local minds, resolve controversies in a way that is perceived to be legitimate, and eliminate corrupt dealmaking. But it also has serious pitfalls, if local voters are poorly informed, or if they ignore external effects on other communities, or if the process is distorted by majoritarian or minoritarian bias. To capitalize on the advantages of local voting, and minimize the risks, this Article proposes that direct voting …
Single Asset Real Estate And Development Projects: The Kara Homes Mistake,
2010
New York Law School
Single Asset Real Estate And Development Projects: The Kara Homes Mistake, Marshall E. Tracht
Articles & Chapters
The Kara Homes decision held that various affiliates of Kara Homes, Inc., each of which owned a separate real estate project, were "single asset real estate" ("SARE'') cases under the Bankruptcy Code's definition. According to the author of this article, the designation as single asset real estate substantially increased the difficulty faced by the debtors in maintaining their reorganization efforts, and has given lenders and their counsel a significant amount of comfort. However, the definition runs against the actual wording of the Bankruptcy Code, the intent underlying the SARE provisions, and the political winds. It should, and may well, be …
Forced Eviction And Resettlement In Cambodia: Case Studies From Phnom Penh,
2010
Fordham University School of Law
Forced Eviction And Resettlement In Cambodia: Case Studies From Phnom Penh, Chi Adanna Mgbako, Rijie Ernie Gao, Elizabeth Joynes, Anna Cave, Jessica Mikhailevich
Faculty Scholarship
This Article culminates a project undertaken by the Walter Leitner International Human Rights Clinic (“Leitner Clinic”) at Fordham Law School to examine the effects of land resettlement on communities that were forcibly evicted or are at risk of forced eviction from their homes, and, in particular, the effects of forced evictions on the Boeung Kak Lake community in central Phnom Penh and on people living with HIV/AIDS (“PLWHA”). This Article is based on field research the Leitner Clinic conducted in Cambodia in the fall of 2008. While in Cambodia, the Leitner Clinic interviewed families from four different communities: resettlement camps …
Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts,
2010
University of Oklahoma College of Law
Protecting The Good-Faith Tenant: Enforcing Retaliatory Eviction Laws By Broadening The Residential Tenant's Options In Summary Eviction Courts, Lauren A. Lindsey
Oklahoma Law Review
No abstract provided.
The Constructive Trust In Singapore: Five Persistent Puzzles,
2010
Singapore Management University
The Constructive Trust In Singapore: Five Persistent Puzzles, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper investigates some persistent difficulties surrounding the constructive trust. The five persistent puzzles relating to the constructive trust that are considered in this paper are: the terminology puzzle, the institutional and remedial puzzle, the explanatory puzzle, the bankruptcy puzzle and the Torrens puzzle. It is the author’s thesis that these five enduring puzzles must be addressed and ultimately unravelled in order to ensure the coherent development of the law in this area.
