Property Law and Real Estate Commons^™

Is A Website Subject To Title Iii Of The Ada: Why The Text Applies To Only Websites “Of” A Place Of Public Accommodation, Trevor Paul

Texas A&M Journal of Property Law

Title III of the Americans with Disabilities Act (“ADA”) prohibits discrimination involving the “goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The ADA lists examples that qualify as “public accommodations,” but it does not define the word “place.” As a result, the circuit courts since 1995 have been split over whether a “place of public accommodation” is limited to a physical place. Courts have recently addressed whether websites are subject to Title III and have relied primarily on precedent on the interpretation of a “place of public accommodation.” District courts within the Minority Approach have …

Code Harassment Needs A Texas-Sized Solution, David Seth Morrison

Texas A&M Journal of Property Law

Municipal Code Enforcement exists to abate nuisances and resolve conflicts between neighbors. Code enforcement often discovers nuisances through citizen complaints. Cities and code enforcement departments have taken great lengths to protect complainants from retaliation, but these protections have extended too far and created a problem in reverse. Code harassment occurs when people make excessive or false reports to code enforcement departments to harass neighbors. Code enforcement officers do their jobs and investigate the complaints leading to visits and fines. Many people are shocked to find they can do nothing to stop the harassment save leaving their residence because the law …

Property Laws, White Settler Power And The Kingdom Of Hawai’I, Martin Rakowszczyk

Swarthmore Undergraduate History Journal

Hawai’ian property laws in the 19^th century, while intended to provide for the transition of the islands to a European mode of commerce and allow for greater prosperity, weakened the power of Native Hawai`ian subjects and ultimately contributed to European planter power and the eventual annexation of the islands. Prior to European contact, land in the Kingdom of Hawai`i was communally owned and not treated as a tradable commodity. However, forced to settle foreign debts, the Hawai’ian government instituted land reform intended to raise money and maintain Hawai’ian sovereignty. Given the constant threat of annexation by Western powers and …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Race And The Covid-19 Eviction And Housing Crisis, Bradey Camille Baltz

Arkansas Law Notes

Historical and present discriminatory housing, land use, property, and criminal policies and laws have contributed to an inaccessibility of homeownership and wealth accumulation for people of color in the United States. “People of color rent at higher rates than white people,” and thus, face a higher risk of eviction. People of color are also overrepresented in jobs most affected by the COVID-19 pandemic, like the restaurant and hotel industries. As compared to white workers, Black and Latinx Americans are less likely to have access to paid sick leave and family leave, forcing them to choose to go to work when …

Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing, Alexis K. Désiré

Seattle Journal of Technology, Environmental, & Innovation Law

Imagine that during the course of hydraulically fracturing a tract of land—a process used to extract gas from low-permeability rock formations —a drilling company causes fractures, as well as some of the materials necessary to the fracturing process, to cross the boundary of its property line and enter an adjoining property—that is, it makes a subsurface intrusion onto a neighbor’s property. Assume further that, because the company’s fractures have extended into the neighbor’s property, oil and gas from the neighboring land travels to the company’s wellbore, causing the neighbor to bring a tort action against the company for harms related …

Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Getting Real, Getting Personal: Fictions And Realities Of Property Across Borders (Review Of Lionel Shriver, Property: Stories Between Two Novellas And Ayelet Waldman, Love & Treasure), Jorge L. Contreras

Utah Law Faculty Scholarship

From our earliest days, we are steeped in stories revolving around the acquisition, and loss, of property. For these reasons, Lionel Shriver’s collection of short fiction – Property: Stories between Two Novellas – and Ayelet Waldman’s novel Love & Treasure are particularly worthy of attention. Each of these works sheds new and interesting light on assumptions about property across national and cultural boundaries and raises questions about the place of property in shaping the human experience.

The History Wars And Property Law: Conquest And Slavery As Foundational To The Field, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in facilitating the production of the two preeminent market commodities in the colonial and early Republic periods: expropriated lands and enslaved people. Though conquest and enslavement were key to producing property for centuries, property-law scholars have constructed the field of property law to be largely …

Opportunity Zones, 1031 Exchanges, And Universal Housing Vouchers, Brandon Weiss

Scholarly Articles in Law Reviews & Journals

The Tax Cuts and Jobs Act of 2017 contained former President Trump's signature economic development initiative: the Opportunity Zone program. Allowing a deferral of capital gains tax for certain qualifying investments in low-income areas, the Opportunity Zone program aims to spur economic development by steering capital into economically distressed neighborhoods. The program is the latest iteration of an overly simplistic market-based approach to community development an approach that transcends political party-based on a flawed yet enduring notion that mere proximity of capital will solve deeply entrenched issues of poverty and racial inequality. In reality, the legacy of Opportunity Zones is …

Survey Of State Laws Governing Fees Associated With Late Payment Of Rent, Ryan Sullivan

Nebraska College of Law: Faculty Publications

The Survey contains both a cumulative and detailed account of the laws of each state governing late fees and penalties associated with late payment of rent involving residential tenancies. States that impose late fee maximums vary greatly on the amount and form of the limitation—some limit the late fee to a certain percentage of the rental amount, a few states impose a dollar amount maximum, and several states impose both. Some states, rather than limiting the late fee to a certain amount, only require that the late fee be “reasonable.” Additionally, a handful of states mandate that late fees can …

Law School News: The Dean Meets The Governor 01-26-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

How The Subprime Mortgage Crisis Sparked New Legislation And Changed The Way Millennials Purchase Real Estate, Troy T. Kramer

The Journal of Business, Entrepreneurship & the Law

This article will explore the Generation Y's approach to the real estate market and analyze how the Subprime Mortgage Crisis stunted Millennials’ economic development. It also analyzes what ways legislation has changed and government has influenced the economy since 2008 to prevent another free fall of the global economy and to protect consumers from predatory lending practices and under-regulation of the financial sector. Further, this article will analyze how Millennials differ from previous generations in their method of purchasing homes and investing in real estate—with a specific eye towards advances in technology. This article also gives advice to first-time homebuyers …

Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield

Scholarly Articles

Markets for unique digital property--digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity--have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.

NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …

Property As The Law Of Virtual Things, Joshua A.T. Fairfield

Scholarly Articles

Property law in the twentieth century moved from the law of things to the law of rights in things. This was a process of fragmentation: Under Hohfeldian property, we conceive of property as a bundle of sticks, and those sticks can be moved to different holders; the right to possess can be separated from the record ownership right, for example. The downside of Hohfeld's model is that physical objects—things—become informationally complicated. Thing-ness constrains the extravagances of Hohfeldian property: although we can split off the right to possess from the right to exclude, use, destroy, copy, manage, repair, and so on, …