Hold The High-Water Line: A Transnationally Informed Coastline Protection Scheme In The United States,
2020
Vanderbilt University Law School
Hold The High-Water Line: A Transnationally Informed Coastline Protection Scheme In The United States, Charlie Spencer-Davis
Vanderbilt Journal of Transnational Law
Climate change and sea level rise degrade the environment, infrastructure, and private property along US coastlines. The magnitude of these harms will only accelerate unless the United States improves its coastal protection scheme. Informed by approaches in Israel, the United Kingdom, and China, this Note offers a dynamic solution to coastline protection by way of a federal Rolling Coastal Conservation Easements Act. The act would authorize states to develop and implement rolling easements on private coastal properties. This flexible scheme would include compensation for those landowners who grant easements to their localities, while giving private property owners the option to …
View Corridors, Access, And Belonging In The Contested City: Vancouver’S Protected View Cones, The Urban Commons, Protest, And Decisionmaking For Sustainable Urban Development And The Management Of A City’S Public Assets,
2020
Dalhousie University Schulich School of Law
View Corridors, Access, And Belonging In The Contested City: Vancouver’S Protected View Cones, The Urban Commons, Protest, And Decisionmaking For Sustainable Urban Development And The Management Of A City’S Public Assets, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
Majestic views of mountains, sky, and sea are essential components of the visual and experiential identity of Vancouver, Canada. The experience of these vistas supplements other urban realities, such as suffocating living expenses and inequality. This Article explores a recent example of urban contestation over Vancouver’s view corridors as a shared public resource and public asset. As this Article explores, exclusion from access to public assets that provide meaning to daily life — such as the mountain views in question — damage an urban citizen’s sense of identity and belonging in a city through a hierarchical experience of access and …
Urban Law At Night: Night Mayors And Nighttime Urban Governance Strategies For Sustainable Urban Night Spaces And Spatiotemporal Equality,
2020
Dalhousie University Schulich School of Law
Urban Law At Night: Night Mayors And Nighttime Urban Governance Strategies For Sustainable Urban Night Spaces And Spatiotemporal Equality, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
This paper will explore the concept of the “night mayor” and nighttime governance structures by tracing their development, reviewing a number of examples, situating the concept within the concept of spatiotemporal equality and marginalization as well as within international guiding documents for equitable and sustainable urban development that require cities to think through their management of the night and its spaces and activities. Finally, this paper will also center the discussion on the experience of Vancouver, Canada as it begins to implement its newly adopted cultural plan for the city, begins to respond to existing challenges for the existence of …
Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement,
2020
Dalhousie University Schulich School of Law
Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
As cities redevelop and previously less desirable or marginalized portions of the city space are “retaken” by a city, areas that have provided affordable performance, rehearsal, and live/work space for the arts and culture sector are becoming increasingly less available for these uses. Focusing predominantly on the Canadian Civil Law and Common Law context with passing reference to other jurisdictions such as the US, Scotland, and the UK, this article explores techniques for managing the increased pressure on and increasingly rapid displacement of spaces of arts, culture, and community cultural wealth that is taking place in cities. To this end, …
The Lihtc Program, Racially/Ethically Concentrated Areas Of Poverty, And High-Opportunity Neighborhoods,
2020
American University Faculty Account
The Lihtc Program, Racially/Ethically Concentrated Areas Of Poverty, And High-Opportunity Neighborhoods, Brandon Weiss, Kirk Mcclure, Anne R. Willamson, Hye-Sung Han
Scholarly Articles in Law Reviews & Journals
The Low-Income Housing Tax Credit ("LIHTC") program remains the nation's largest affordable housing production program. LIHTC units are under-represented in the neighborhood that both promote movement to high opportunity neighborhoods and affirmatively further fair housing. State and local officials should play an active role in guiding site selection decisions and ensuring that LIHTC developments are located in a manner that affirmatively furthers fair housing. Planners can use newly available data discussed herein to identify high-opportunity tracts.
Making The Second Pandemic: The Eviction Tsunami, Small Landlords, And The Preservation Of “Naturally Occurring Affordable Housing",
2020
American University Washington College of Law
Making The Second Pandemic: The Eviction Tsunami, Small Landlords, And The Preservation Of “Naturally Occurring Affordable Housing", Susan Bennett
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Conscience And Justice In Equity: Comments On Equity: Conscience Goes To Market,
2020
Notre Dame Law School
Conscience And Justice In Equity: Comments On Equity: Conscience Goes To Market, Paul B. Miller
Journal Articles
This short essay introduces and engages several philosophical questions raised by Irit Samet’s Equity: Conscience Goes to Market. Amongst other things, it addresses questions going to: the proper scope of equity; the relationship between equity’s remedial and supplemental functions; whether, and if so, to what extent equity promotes compliance with moral obligations; what, if any, moral aims animate equitable intervention; and whether, and if so, how, equity is distinctively concerned with matters of conscience and “particular” justice. All the while, I express appreciation for Samet’s project while raising some doubts about her views on how law and equity divide labor …
Property's Problem With Extremes,
2020
William & Mary Law School
Property's Problem With Extremes, Lynda L. Butler
Faculty Publications
Western-style property systems are ill-equipped to deal with extremes--extreme poverty, extreme wealth, extreme environmental harm. Though they can effectively handle many problems, the current systems are inherently incapable of providing the types of reform needed to address extreme situations that are straining the fabric of societies--situations that are stressing the integrity of core societal and natural systems to the breaking point. The American property system, in particular, is problematic. The system has a long tradition of strong individual rights and relies primarily on the efficiency norm to operate and shape the incentives of rights holders. The economic model that now …
Right On Time: A Reply To Professors Allen, Claeys, Epstein, Gordon, Holbrook, Mossoff, Rose, And Van Houweling,
2020
William & Mary Law School
Right On Time: A Reply To Professors Allen, Claeys, Epstein, Gordon, Holbrook, Mossoff, Rose, And Van Houweling, Dotan Oliar, James Y. Stern
Faculty Publications
A simple observation started us off in writing Right on Time. Studying and teaching intellectual property law, we noticed striking parallels between traditional first possession rules in property law and analagous rules governing the acquisition of patent, copyright, and trademark rights. We thought that established first possession principles could illuminate the workings of IP law. As we dug in, however, it became increasingly clear that our premise wasn’t quite right. While many penetrating commentators had said many penetrating things about first possession, the leading treatments tended to focus on significant individual aspects of the overall issue. What we could …
Conquest And Slavery In The Property Law Course: Notes For Teachers,
2020
Georgetown University Law Center
Conquest And Slavery In The Property Law Course: Notes For Teachers, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This piece contains ideas for teaching about the foundational place of the histories of conquest and slavery to American property law and the property law course. I begin by briefly reviewing how these topics have been erased and marginalized from the study of American property law, as mentioned by casebooks in the field published from the late nineteenth century to the present. I then show how the history of conquest constituted the context in which the singular American land system and traditional theories of acquisition developed, before turning to the history of the American slave trade and the long history …
Race, Space, And Surveillance: A Response To #Livingwhileblack: Blackness As Nuisance,
2020
University of Colorado Law School
Race, Space, And Surveillance: A Response To #Livingwhileblack: Blackness As Nuisance, Lolita Buckner Inniss
Publications
This article is an invited response to an American University Law Review article titled “#LivingWhileBlack: Blackness as Nuisance” that has been widely discussed in the news media and in academic circles.
Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found,
2020
Rochester Institute of Technology
Acts Of Meaning, Resource Diagrams, And Essential Learning Behaviors: The Design Evolution Of Lost & Found, Owen Gottlieb, Ian Schreiber
Articles
Lost & Found is a tabletop-to-mobile game series designed for teaching medieval religious legal systems. The long-term goals of the project are to change the discourse around religious laws, such as foregrounding the prosocial aspects of religious law such as collaboration, cooperation, and communal sustainability. This design case focuses on the evolution of the design of the mechanics and core systems in the first two tabletop games in the series, informed by over three and a half years’ worth of design notes, playable prototypes, outside design consultations, internal design reviews, playtests, and interviews.
The Value Of Title Insurance,
2020
University of Maryland Francis King Carey School of Law
The Value Of Title Insurance, Tom Hayden, Jordan Kelner
Journal of Business & Technology Law
No abstract provided.
Fair Housing Enforcement In The Age Of Digital Advertising: A Closer Look At Facebook’S Marketing Algorithms,
2020
Roger Williams University School of Law
Fair Housing Enforcement In The Age Of Digital Advertising: A Closer Look At Facebook’S Marketing Algorithms, Nadiyah J. Humber, James Matthews
Law Faculty Scholarship
No abstract provided.
In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites,
2020
Roger Williams University School of Law
In West Philadelphia Born And Raised Or Moving To Bel-Air? Racial Steering As A Consequence Of Using Race Data On Real Estate Websites, Nadiyah J. Humber
Law Faculty Scholarship
No abstract provided.
Getting Past Possession: Subsurface Property Disputes As Nuisances,
2020
University of Oklahoma College of Law
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph Schremmer
Faculty Articles
Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise — for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort …
The Georgia Condominium Act’S Authorization Of Private Takings: Revisiting Kelo And “Bitter With The Sweet”,
2020
University of Georgia School of Law
The Georgia Condominium Act’S Authorization Of Private Takings: Revisiting Kelo And “Bitter With The Sweet”, Tyler Gaines
Georgia Law Review
Homeownership provides owners with certain property
rights and a sense of security. One of the most important
property rights is the Takings Clause of the U.S. Constitution,
which prohibits the government from taking private property
without just compensation. The Clause has been incorporated
against the states and is interpreted as prohibiting any taking
that does not serve a public use. Despite these constitutional
protections, numerous condominium owners face the threat of
private investors taking their units for no public use, without
just compensation, and without the owners’ consent.
Many state condominium laws allow private investors who
obtain a specified percentage …
Companies As Commodities,
2020
Washington University in St. Louis School of Law
Companies As Commodities, Danielle D'Onfro
Scholarship@WashULaw
Like copper, corn, or crude oil, companies increasingly trade like commodities. Some investors — certain holders of debt, activist shareholders, and controlling shareholders, especially private equity funds — are focused solely on returns. In practice, this means that they care about the fate of the companies in which they invest no more than they care about the fate of any tonne of copper, bushel of corn, or oil barrel they happen to trade. These investors are so immune to reputational concerns that they will even prefer that the companies in which they invest fail if failure maximizes their return on …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Benko V. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019),
2020
University of Nevada, Las Vegas -- William S. Boyd School of Law
Benko V. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019), Elizabeth Davenport
Nevada Supreme Court Summaries
The Court affirmed the district court’s order granting the motion to dismiss and determined that deed of trust trustees engaged in nonjudicial foreclosure would not be required to be licensed. The Court settled the conflicting provisions of NRS 107 governing the nonjudicial foreclosure process and NRS 649 governing agencies engaged in debt collection in Nevada by determining the comprehensive and specific scheme of NRS 107 for deed of trust trustees exercised authority over the generalized nature of NRS 649 governing debt collecting agency licensing requirements for nonjudicial foreclosures.Therefore, under NRS 107 deed of trust trustees are not required to be …
