Property Law and Real Estate Commons^™

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 …

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 …

Unintended Consequences For Reversing Rapprochement: Is The Us Government Liable For A Loss Of Us Property In Cuba?, David Kolansky

Vanderbilt Journal of Transnational Law

In 2014, the United States announced a historic reopening of ties with Cuba. This effort at rapprochement included restoring diplomatic relations and easing regulatory restrictions to facilitate greater business, trade, travel, and communication between the two nations. However, the US government's decision in 2017 to reverse course and reinstate the economic embargo against Cuba could result in significant legal and financial consequences for both US claimants who hold property in Cuba and the US government. One issue that arises is whether US corporations and individuals, who invested in property in Cuba following the Obama-era easing of restrictions, have a constitutional …

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 …

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 …

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, 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.

Workforce Housing And Housing Preference Policies Under The Fair Housing Act, Jeffrey D. Jones

Lewis & Clark Law Review

The workforce housing movement grew out of two urgent realities. First, the lack of affordable housing near where workers are employed has a substantial impact on local economies and local business. Second, the lack of affordable housing near where workers live undermines the twin goals of inclusive com- munities and reversing historical patterns of segregation. The latter remains a primary obstacle to equality of opportunity throughout the United States. There is no one definition of “workforce housing.” The leading definition of workforce housing is provided by the influential Urban Land Institute (ULI). The ULI defines workforce housing as housing that …

Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron

Touro Law Review

No abstract provided.

Completing The Portrait: Concluding Thoughts About Charles Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron

Touro Law Review

No abstract provided.

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 …

Vegas United Inv. Series 105 V. Celtic Bank, 135 Nev. Adv. Op. 61 (December 19, 2019), Jordan Gregory Cloward

Nevada Supreme Court Summaries

Nevada Revised Statutes (NRS) Chapter 116 codifies the Uniform Common-Interest Ownership Act and outlines statutory regulations governing common-interest communities in Nevada. NRS Chapter 116 applies generally to all residential property owners’ associations (POAs) but does not automatically apply to nonresidential POAs. Nonresidential POAs may voluntarily elect to incorporate NRS Chapter 116 either in whole or in part. NRS Chapter 116 applies only to nonresidential POAs only to the extent expressly provided for by the incorporated statutory provisions.

Vegas United Investment Series 105, Inc. purchased a nonresidential property at a foreclosure sale pursuant to NRS § 116.3116. The conditions, covenants, and …

Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.

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, 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, Nadiyah J. Humber

Law Faculty Scholarship

No abstract provided.

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes

Northwestern Journal of International Law & Business

Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.

This article explores how …

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

No abstract provided.

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 …