Property Law and Real Estate Commons^™

At The Intersection Of Property And Disaster Recovery, Jeanne Ortiz-Ortiz

Faculty Publications

(Excerpt)

When disaster strikes, communities rally to meet urgent, short-term needs—food, shelter, and medical care that keep people alive and safe in the immediate aftermath. For days, we see images of flooded streets, emergency shelters, and calls to support fundraising campaigns in the media cycle. Long-term recovery after a disaster often depends on something less visible: the ability of people, especially those experiencing economic insecurity, to rebuild or return to stable, functional homes.

The outcome of this largely depends on whether families can navigate and access assistance programs like those offered by the Federal Emergency Management Agency (FEMA). Can you …

Editor's Note, Wyoming Law Review Editorial Board

Wyoming Law Review

No abstract provided.

Koziol Firearms, Inc. V. Marchand, 334 A.3d 439 (R.I. 2025)., Grace D. Guachione

Roger Williams University Law Review

No abstract provided.

Watch Hill Fire Dist. V. Westerly Zoning Bd. Of Rev., 338 A.3d 326 (R.I. 2025)., Trent Huff

Roger Williams University Law Review

No abstract provided.

Potenza V. Deutsche Bank Nat’L Trust Co., 338 A.3d 1050 (R.I. 2025)., Áine Guyer

Roger Williams University Law Review

No abstract provided.

Runey V. Faring, 336 A.3d 16 (R.I. 2025)., Jessica Galego

Roger Williams University Law Review

No abstract provided.

A Personal Take: An Argument In Favor Of Adopting The Uniform Partition Of Heirs Property Act In Rhode Island, Isiah Dipina, Natasha Varyani

Roger Williams University Law Review

No abstract provided.

Constitutional Structures In Private Law And The Example Of Waste Law, Jill M. Fraley

Scholarly Articles

This Article proposes three criteria for when a private law mechanism performs a structural constitutional function: when it constrains present authority in the name of future stability, when it disperses enforcement to avoid centralized authority, and when it has structural entrenchment to avoid ordinary displacement. While many private law doctrines contain constitutional resonances or echo rights, the core of constitutional law is the power structure—a precondition for the protection of those rights. Constitutional structures have three key components: self-binding through time, separation and diffusion of power, and entrenchment beyond ordinary politics. For a private law doctrine to do more than …

A Golden Opportunity For New York: Caveat Emptor And Revised Mckinney's 465, Grady Miller

NYLS Law Review

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For centuries, the doctrine of caveat emptor has governed New York residential real estate transactions, rewarding sellers who do not disclose material defects affecting the property, and punishing unsuspecting buyers who fail to exercise due diligence. To alleviate the doctrine’s inherent unfairness to buyers, the New York …

Titletown Madness: Title Insurance Through The Lens Of Tribal Jurisdiction And The Lasting Legacy Of Allotment, Nicholas Stamates

Marquette Law Review

American Property Law and Federal Indian Law have a conjoined history going back to Johnson v. MʻIntosh, 21 U.S. (8 Wheat.) 543 (1823), where the Supreme Court ruled that private citizens could not purchase aboriginal title from Indians. Decades later, the Dawes General Allotment Act of 1887 resulted in non-Indian fee simple landowners purchasing what the Federal Government deemed “surplus” federal land in the un-allotted former Indian land, which is still part of the Reservation’s legal jurisdiction. An unintended consequence of this process, which resulted in a checkerboard pattern of land title in Indian Reservations across the country, has recently …

A Leaner Way To Lien Personal Property: The Case For Streamlining And Centralizing Judicial Lien Securitization And Perfection On Personal Property, Lucas L. Schneider

Marquette Law Review

The modern practice of law includes increasingly efficient and centralized manners to alert the world of secured interests in assets, yet securing and perfecting judgment liens in personal property remains entrenched in opaque, historic practices. This Article explores several states’ systems, along with real world scenarios, highlighting the problems with these practices, concluding in proposing a streamlined, efficient fix.

More Than Bad Neighbors: Data Centers And Minnesota's Newest Attempts To Regulate Them, Daria Mcgucken

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Rent Abatement In Wisconsin: Duty To Repair A Broken Statute, Brady Wirkes

Marquette Law Review

Wisconsin, like many states, has a rent abatement statute that authorizes tenants to withhold rent from their landlord. Despite the apparent strength of the rent abatement statute, tenants rarely utilize it. The statute, as it exists, fails to provide an adequate safety net for tenants. Even tenants with flawless abatement arguments are currently required to risk eviction to make a claim. However, the risk of eviction is merely the tip of the iceberg.

This Comment explores the complexities of a rent abatement claim in Wisconsin, highlighting the difficulties that tenants face trying to successfully withhold rent. Wisconsin’s rent abatement statute …

Women's Work And Wealth: Measuring The Impact Of Incremental Liberations, 1850-1870, Hannah Kelly

Williams Honors College, Honors Research Projects

Using a two-way fixed effects difference-in-difference model, this project analyzes data from the IPUMS Full Count census for 1850, 1860, and 1870 at a state level for 48 states. Four models assess the impact of property laws on women's real property holdings, labor force participation, household types, and real property values.

By quantifying the impact of various legal reforms on women's economic empowerment, this project fills a gap in the understanding of the intersection between law, society, and women's economic agency during a transformative period in pre-industrial American history. These impacts can implicate the effectiveness of legislative measures in advancing …

Primer On Financing Commercial Real Property, Judge John M. Tyson

Campbell Law Review

No abstract provided.

Asset Forfeiture As An Animal Welfare Law: A Case Study On South Carolina's Bond-Or-Forfeit Statute, Morgan Mercer

Animal Law Review

This Comment examines South Carolina’s 2024 bond-or-forfeit statute (H.B. 3682) as a case study in the growing trend of extending existing legal frameworks to promote animal welfare. Traditionally, asset forfeiture treats animals purely as property subject to seizure. However, by shifting the costs of caring for seized animals from public agencies to the animals’ owners, H.B. 3682 embeds a concern for animal well-being into a framework historically focused on economic and property interests. This Comment argues that bond-or-forfeit statutes are part of a broader trend toward recognizing animals as sentient beings with welfare interests distinct from their owners’ property rights. …

Sepulveda V. Buffum, 334 A.3d 98 (R.I. 2025)., Jack A. Burum

Roger Williams University Law Review

No abstract provided.

The Flawed Criminalization Of Corner-Crossing In Wyoming, Ryan A. Semerad

Wyoming Law Review

No abstract provided.

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Faculty Scholarship

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

The Leasehold World, Jeffrey Manns

American University Law Review

The ideal of American fee simple property rests on a popular misconception. Many Americans often think of fee simple property in terms of absolute ownership. In reality, however, fee simple title has many similar features of a “public” leasehold in practice, which has significant implications for understanding the relationship of private property “owners” to the state. The American state, at all levels, effectively serves as a landlord over private property “owners,” mirroring the traditional role of the king in feudal England.

The American Revolution is often framed as a sea change in property rights and individual liberty. But efforts to …