Property Law and Real Estate Commons^™

Perspectives - Wework, James Hagy, Stephen Caracappa

Rooftops Project

While the concept of executive office suites has existed for decades, in recent years innovations have emerged seeking to provide a broader range of services and a sense of community combined with affordability and flexibility. Stephen Caracappa and Professor James Hagy of The Rooftops Project talk with WeWork executives David Fano and Mark Lapidus (Class of 2012) about the company’s business model, space concept and design, and the applications for not-for-profit organizations.

Shirley We Can Figure This Out: The Continued Confusion Surrounding Prescriptive Easement, Ethan B. Clark

South Carolina Law Review

No abstract provided.

Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss

Rooftops Project

Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.

Profiles - Rosie's Theater Kids, James Hagy, Frank Loffreno

Rooftops Project

What started out as a single dance and song class in a borrowed New York City public school lunchroom has evolved into programming that touches the lives of students across all five New York City boroughs in a dedicated building near the heart of the Broadway theater district. The Rooftops Project’s Frank Loffreno and Professor James Hagy visit with Rosie’s Theater Kids cofounder and Artistic and Executive Director Lori Klinger and Director of Advancement Lindsay Miserandino at the Maravel Arts Center in New York’s Midtown West neighborhood.

Profiles - The Sammons Center, James Hagy, Brenda Alejo

Rooftops Project

A historic but disused water pumping station, sited between active freeways, became an early and enduringly successful innovator in mission-centered notfor- profit supportive space for the arts. Brenda Alejo and Professor James Hagy of The Rooftops Project talk with Joanna St. Angelo, Executive Director of the Sammons Center for the Arts in Dallas, Texas.

Profiles - Barrier Free Living, James Hagy, Christopher Whalen

Rooftops Project

What if you were homeless, a victim of domestic violence, and perhaps were also struggling with physical or mental disabilities? Where would you go? Christopher Whalen and Professor James Hagy of The Rooftops Project visit with Paul Feuerstein, founder, President, and CEO of Barrier Free Living, which has served these needs in New York City through a unique program established almost 40 years ago.

Perspectives - 120 Wall Street, James Hagy, Alison Snyder

Rooftops Project

Through a decades-long collaboration with the city and state, not-for-profit tenants occupy office space in a landmarked structure in the heart of Wall Street with the unusual advantage of no real estate taxes. The Rooftop Project’s Alison Snyder and Professor James Hagy interview Jeremy Moss and Camille McGratty of Silverstein Properties at the iconic 120 Wall Street building in lower Manhattan.

Citizens, Town Councils, And Landowners: The Complex Web Of Rights And Decision-Making In Shale Oil And Gas Development, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

Robertson's piece focuses on the role of local governments operating within a larger legal system and how they might control or influence shale oil and gas activities within their communities.

Objects Of Art; Objects Of Property, Gregory S. Alexander

Cornell Law Faculty Publications

Seemingly worlds apart, art and the law of property in fact share much in common. Some of this shared space is obvious, the result of their intersection through property law's protection and regulation of art. But another aspect of their commonality is considerably less obvious. Both rely, implicitly and in ways not always acknowledged, on assumptions about objects in the world-thing-ness. That is, both have relied, or traditionally have done so, on certain assumptions about the nature of objects-the objects of art and the objects of property-and the upshot of those assumptions is that those objects are characterized by thing-ness, …

Property As A Management Institution, Lynda L. Butler

Faculty Publications

No abstract provided.

Keep Out! The Efficacy Of Trespass, Nuisance And Privacy Torts As Applied To Drones, Hillary B. Farber

Georgia State University Law Review

A few years ago one might have seen a small object flying overhead without any idea what it could be. Today, it is fairly commonplace to see drones flying around our neighborhood skies. The Federal Aviation Administration (FAA) predicts there will be seven million drones populating our skies by 2020. In 2015 hobbyists, recreational users, and commercial businesses purchased unmanned aerial vehicles, commonly referred to as drones, in record-breaking numbers. Estimates reveal that over 4.3 million drones were sold worldwide in 2015. Trade industry experts predicted that more than 2.8 million drones would be sold in the U.S. in 2016 …

Foreclosure Diversion And Mediation In The States, Alan M. White

Georgia State University Law Review

The recent mortgage foreclosure crisis, whose economic effects are well known, transformed state legal structures governing the mortgage foreclosure process. What had been a relatively routine system of default judgments and auction sales has evolved into a negotiation and workout practice in which homeowners contest foreclosures, demand loan modifications and short sales, and propose other alternatives to foreclosures.

A profusion of state laws and court orders were adopted between 2008 and 2014 with the aim of promoting negotiated foreclosure alternatives. These laws have produced a variety of experiments in the “laboratories of democracy.” The defaults—whether home loans are renegotiated, defaults …

Penn Central Take Two, Christopher Serkin

Notre Dame Law Review

Penn Central v. New York City is the most important regulatory takings case of all time. There, the Supreme Court upheld the historic preservation of Grand Central Terminal in part because the City offset the burden of the landmarking with a valuable new property interest—a transferable development right (TDR)—that could be sold to neighboring property. Extraordinarily, 1.2 million square feet of those very same TDRs, still unused for over forty years, are the subject of newly resolved takings litigation. According to the complaint, the TDRs that saved Grand Central were themselves taken by the government, which allegedly wiped out their …

What Do Traditional Knowledge And Traditional Cultural Expressions Have To Do With Intellectual Property Rights, J. Janewa Osei-Tutu

Articles

No abstract provided.

Show Me The Money: Determining A Celebrity’S Fair Market Value In A Right Of Publicity Action, Cody Reaves

University of Michigan Journal of Law Reform

As the power of celebrity continues to grow in the age of social media, so too does the price of using a celebrity’s name and likeness to promote a product. With the newfound ease of using Twitter, Facebook, and even print media to use a celebrity’s identity in conjunction with a product or company, right of publicity concerns arise. When a company uses a celebrity’s name and likeness without the celebrity’s authorization to market or sell a product, companies open themselves up to right of publicity suits. Many of these cases settle out of court. But when these cases do …

Future Interests? Meet Chattels!, Thomas Simmons

Faculty Publications

No abstract provided.

Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi

Journal of Catholic Legal Studies

No abstract provided.

Populist Property Law, Anna Di Robilant

Faculty Scholarship

Property scholars think of property law as consisting of a small number of highly technical forms created a long time ago by "experts, i.e., legislatures and courts, which are hardly accessible to non-lawyers. This Article explores a new idea: the possibility that ordinary people, with little or no legal training, can become active participants in the creation of property law, directly intervening in the development of new property forms. The Article tells the story of two nineteenth-century American social movements that represented the "little guys " - workers and farmers - who used their 'folk legal" imagination to develop new …

Housing The Homeless: A Framework For Sustainable, Affordable Housing, Brianna Providence

Student Theses 2015-Present

New York City’s building stock is comprised of nearly one million structures. Buildings are responsible for unconscionable amounts of global energy, water, resources, and greenhouse gas (GHG) emissions. Thousands of buildings are annually constructed when the truth is that there is a significant stock of buildings that could stand to be rehabilitated. New green developments present an opportunity to increase efficiency while reducing energy use, resource consumption, and waste. If virgin new green developments provide the aforementioned opportunities, then it logically follows that sustainably retrofitting preexisting buildings represents an even greater opportunity to promote environmental sustainability and reduce inefficiencies. As …

Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, Jo Carrillo

The University of New Hampshire Law Review

This article argues that intimate partners should have the right to adopt a sharing economy within marriage. Forty-one U.S. states employ a separate property regime for property acquired during marriage; of these, only two allow married couples to opt out of the separate property system and hold their assets as community property. Nine U.S. states are community property states. To encourage equal partnership in marriage, Calvin Massey proposed that New Hampshire, a separate property state, enable a community property option. This essay expands on Massey’s proposal by comparing it to three other marriage reform proposals: two based on privatization, and …