Property Law and Real Estate Commons^™

Far Out: The Extended Denial Of Public Access To Psychedelic Therapeutics, Andrew R. Waldeck

Texas A&M Journal of Property Law

The United States patent regime is designed to promote dissemination of information that undergirds a particular innovation. To incentivize disclosure, inventors are granted a time-limited right to exclude others from practicing the invention, thereby affording the inventor a period in which to commercialize and financially benefit from their inventive contribution. The disclosure provides information sufficient for one of skill in the relevant art to make and use the invention, and the public may freely do so upon the patent’s expiry. Global advancement of human medicine is fundamentally intertwined with the United States patent system; medical progress largely depends upon the …

All Aboard: Understanding Property Rights In Texas After Texas Central, Asher K. Gregg

Texas A&M Journal of Property Law

Our forefathers intended the United States Bill of Rights to protect individuals from government overreach. Specifically, the Fifth Amendment, as applied to the States via the Fourteenth Amendment, in part protects individuals from unnecessary takings. Eminent domain authority—its more common name—has long been recognized as a power to be used cautiously and only when necessary. Although most often associated with government exercise, states are permitted to grant this unyielding authority to private entities via their state constitutions and statutes. Despite Texas serving as a beacon for individual property rights, the Texas Supreme Court’s recent decision in Miles v. Texas Central …

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2023–2024 Flyers

Con Law - April 8, 2024

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Ensuring Just Compensation: Imposing A Reasonable Time Limit On Payment Of Money Judgments Under The Fifth Amendment, Paul Mackey

Dickinson Law Review (2017-Present)

The government’s use of eminent domain power to take private property for public use remains a controversial and fast-moving area of law. The Fifth Amendment was ratified as a check on the state’s use of eminent domain power by requiring just compensation after a taking. There is great variation among the states regarding the requirements of just compensation in an eminent domain claim. Some states are unwilling to provide any compensation at all, while others ensure full compensation. Property owners whose land has been taken face a dilemma when, after winning a money judgment in state court, they are unable …

Slavery.Ai, Emile Loza De Siles

Washington and Lee Journal of Civil Rights and Social Justice

The artificial intelligence market is swarming. Supercharged start-ups, global tech giants, and increasingly algorithmic governments target diverse use cases with new and stunningly innovative AI applications coming online every day. Where people are the computational subjects of those algorithmic machinations, however, there is no law, present or effective, to protect them against great and propagating harms. Consequently, people become data production units, the commoditized of the Data Industrial Complex and unfree, unpaid inputs to AI production.

This Article shares a new and provocative vision. It theorizes that unregulated AI systems and uses are giving rise to an emergent form of …

Identity Crisis: The Supreme Court Of Georgia’S New Framework May Have Widespread Impact On Extended-Stay Motels And Their Occupants, Dawson B. Welsh

Mercer Law Review

Certainty is a trait valued highly by many, and it is perhaps most valued in the world of business where minimizing risk and maximizing profit is the name of the game. Efficiency Lodge, Inc. v. Neason developed what appeared to be a routine fight over occupancy into one of the most important redefinitions of a legal framework in the field of real estate. The Supreme Court of Georgia’s analysis of the relationships provides a legal framework for Georgia courts to apply when attempting to parse out the rights of the parties by specifically providing a new way for courts to …

Keeping Your Eye On The Esg Sustainable Development Ball, Richard J. Sobelsohn

Dickinson Law Review (2017-Present)

Environmental, Social, and Governance (“ESG”) mandates were originally aspirational sound-bites, but now they have become a part of many companies’ mandates. Most recently with some backlash against ESG directives, most organizations are still complying with their original goals, because the economic arguments for having an ESG protocol is still valid. This article discusses what ESG is, how it relates to different types of companies, and most importantly, what legal issues pertain to it.

This Article examines how ESG guidelines pertain to different types of entities, and how these protocols affect everything from contract drafting, construction of a property, operations and …

Cake-And-Eat-It-Too Clauses, Tanya J. Monestier

Journal Articles

Imagine this: You have signed on the dotted line to purchase a home for $500,000. You have put down an earnest money deposit of $25,000. Right before closing, you find out that your bank will not provide the financing you thought you had secured. You can no longer afford to purchase your dream home. You are coming to grips with the reality that you are going to lose $25,000, which comprises the bulk of your life savings. Then you hear from the seller, telling you that they are going to come after you for $100,000 in “actual damages”—the amount the …

Parks And Separation: How The Mississippi Legislature Decided Just Compensation In Bay Point Properties, Inc. V. Mississippi Transportation Commission, Kyle Usner

MC Law Review

At first glance, Bay Point comes across as the standard, run-of-the-mill eminent domain case: the government contracts with a citizen for an express easement over privately-owned land limited to a certain use; the government then exceeds the scope of that easement, resulting in a taking. Governmental taking is usually not anything outside of the norm. But with a potential seven billion dollars' worth of federally funded highway projects destined for Mississippi highway only a Presidential signature away from being approved, this decision is not one Mississippi landowners should ignore. Further, the crux of Bay Point lies with an issue of …

Big Property, Thomas W. Merrill

Faculty Scholarship

Yun-chien Chang’s Property Law: Comparative, Empirical, and Economic Analysis, is an impressive piece of scholarship. Ten years in the making, Yun-chien has developed the most comprehensive comparative analysis of property law ever undertaken. The effort involved was herculean. He consulted codes in eight different languages and translations into these languages of dozens of others, enlisted the assistance of a small army of research assistants, and solicited the assistance of scholars and lawyers from around the world. The result is nothing less than revelatory. Anyone interested in property law, even if only from the perspective of their own legal system, …

Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis

Washington Journal of Social & Environmental Justice

No abstract provided.

Inequitable By Design: The Strategic Distribution Of Costs And Benefits By Business Improvement Districts And Special Assessments, Molly Gillespie

Et Cetera

Business Improvement Districts (BIDs) are most commonly credited for their innovative strategies in rejuvenating the economic vitality in American cities. However, their implementation raises concerns about fairness and equity. The current practice of financing BIDs through special assessments, particularly applying the front footage method, disproportionately burdens certain property owners for the benefit of others. Consequently, property owners face a range of issues, including financial strain, involuntary annexation, and potential threats to property ownership. However, the existing framework of state constitutions lack the necessary provisions to adequately address these challenges, underscoring the need for significant reform.

This Note addresses these concerns …

Cultural Property: “Progressive Property In Action”, J. Peter Byrne

Texas A&M Journal of Property Law

Cultural property law fulfills many of the normative and jurisprudential goals of progressive property theory. Cultural property limits the normal prerogatives of owners in order to give legal substance to the interests of the public or of specially protected non-owners. It recognizes that preservation of and access to heritage resources advance public values such as cultural enrichment and community identity. The proliferation of cultural property laws and their acceptance by courts has occurred despite a resurgent property fundamentalism embraced by the Supreme Court. Thus, this Article seeks to explicate the category of cultural property, its fulfillment of progressive theory, and …

Constitutional Property And Progressive Property’S Compatibility: A Reappraisal, Rachael Walsh

Texas A&M Journal of Property Law

Progressive property theory is driven by a desire to improve the law, and legal outcomes, for those on the margins of society. At the same time, it largely assumes the compatibility of constitutional property rights with its aims. However, constitutional property doctrine is often ambiguous on the core question of what distribution of collective burdens is susceptible to invalidation. Such ambiguity in turn can support political over-inflation of the strength of constitutional protection for property rights. Given the resulting chilling effect that constitutional property rights can have on measures that interfere with property rights, the Article argues that progressive property …

Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Lorna Fox O'Mahony, Marc Roark

Texas A&M Journal of Property Law

Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the …

Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss

Brooklyn Law Review

The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …

The Consumer Bundle, Shelly Kreiczer-Levy

Washington Law Review

Can property law have a consumer protection purpose? One of the most important consumer law concerns today is the limited control consumers have over the digital assets and software-embedded products they purchase. Current proposals for reform focus on classifying the transaction as either license or sale and rely mostly on contract law and consumer protection regulation with a few calls for restoring ownership rights. This Article argues that property law can protect consumers by establishing a minimum bundle of rights for consumers: the “consumer’s bundle.” Working with property theory and an analysis of property values, this Article explains the importance …

Housing Court: A Balancing Act, Todd Wilcher

UMKC Law Review

This article provides a general description of the Kansas City Municipal Court's Housing Court - its origin, jurisdiction, and process-and discusses the broader themes and competing interests at issue in its cases. Because detached single-family home cases take up most of the space on the dockets, the single-family home theme is a major thread in the fabric of this Article. At the same time, however-in the broader context of the municipal environment-every building, structure and open land is subject to building, zoning, and maintenance regulations. These regulations are pervasive in our modern society, and ensuring they are applied in a …

Fore! Supreme Court Of Georgia Delivers Loss To Homeowners Asserting An Implied Easement In Their Neighborhood Golf Course, Joey Hargadon

Mercer Law Review

The Supreme Court of Georgia delivered a big win to neighborhood developers and a massive loss to homeowners seeking to enforce easement rights in residential neighborhood features. In WS CE Resort Owner, LLC v. Holland, neighborhood homeowners sought an injunction against the developer of their subdivision to prevent the planned removal and redevelopment of a neighborhood golf course. The court’s decision showcased that a mere label of “golf course” on a subdivision plat is insufficient to show a subdivider’s intent to grant homeowners an easement in the recreational area adjacent to their properties. In clarifying what a petitioner must …

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal (1991 - )

No abstract provided.