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Real Estate & Property Law

PropertyProf Blog

By D. Benjamin Barros and Alfred L. Brophy et al.

Post Frequency: 12.4/day

Last Entry: March 31, 2011 at 11:58:57

Katz on Adverse Possession

Posted on August 18, 2009
Larissa M. Katz (Queen's University Ontario) has posted The Moral Paradox of Adverse Possession: Sovereignty and Revolution in Property Law on SSRN. Here's the abstract: On what grounds can we justify the transformation of squatters into owners? To understand the...

Call for Papers - 2010 AALS Property Section Mid-Year Meeting

Posted on August 18, 2009
TO: Teachers and Members of the AALS Sections on Property, Land Use Planning, Natural Resources and Real Estate Transactions FROM: Planning Committee on 2010 Workshop on Property Law: What Do the Mortgage Crisis and the Global Warming Crisis Tell Us....

Marsh on Blackacre and Widgets: "Rethinking Commercial Real Estate Contract Remedies"

Posted on August 13, 2009
Tanya D. Marsh of Indiana University's Kelley School of Business has just posted "Sometimes Blackacre is a Widget: Rethinking Commercial Real Estate Contract Remedies," on ssrn. Marsh's abstract is: This Article argues that the presumption that all land is unique,...

Ostrow on Telluride and Eminent Domain

Posted on August 13, 2009
Ashira Ostrow (Hofstra) has posted Minority Interests, Majority Politics: A Comment on Richard Collins? 'Telluride?s Tale of Eminent Domain, Home Rule, and Retroactivity' on SSRN. Here's the abstract: In his article, Telluride?s Tale of Eminent Domain, Home Rule, and Retroactivity,...

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Lefcoe on Restraining House Flipping

Posted on August 11, 2009
George Lefcoe (University of Southern California) has posted How 'Spec' Condo and Tract Home Buyers Helped Sink Our Housing and Finance Markets: Should the Alienability of Their Interests Be Restrained by Law? on SSRN. Here's the abstract: This paper begins...

Reiss on Ratings Agencies and the Subprime Crisis

Posted on August 11, 2009
David J. Reiss (Brooklyn) has posted Rating Agencies: Facilitators of Predatory Lending in the Subprime Market on SSRN. Here's the abstract: This book chapter explores how the three largest rating agencies, Standard & Poor?s, Moody?s Investor Service and Fitch Ratings,...

The Latest on Hawaiian Grave Litigation

Posted on August 08, 2009
From Carl Christensen comes word of a story from the Honolulu Star Bulletin, about a motion by the Kawaiaha'o Church's motion to dismiss a lawsuit filed by Abigail Kawananakoa "for disturbing the remains of her ancestors, the family of Queen...

Fruehwald on A Biological Basis of Rights

Posted on August 06, 2009
Edwin S. Fruehwald (Hofstra) has posted A Biological Basis of Rights on SSRN. Here's the abstract: Rights are an essential part of a modern legal system. This paper advocates rights based on a different kind of 'natural law,' rights which...

Maine Supreme Court on Adult Adoptions

Posted on August 03, 2009
Terry Turnipseed (Syracuse) has passed on the news that the Maine Supreme Court recently ruled that an adult adoption of a same-sex partner was legitimate. Terry notes that "the dispute mostly surrounded a very large trust set up by one...

Poster Proposals for AALS Annual Meeting

Posted on August 03, 2009
The AALS Property Section is soliciting proposals for poster presentations for the 2010 AALS Annual Meeting in New Orleans. Here's a memo from Jane La Barbera with the details: To: Law Teachers From: Jane M. La Barbera Re: Poster Presentation...

Reiss on Fannie Mae and Freddie Mac

Posted on July 29, 2009
David J. Reiss (Brooklyn Law School) has posted Fannie Mae and Freddie Mac: Privatizing Profit and Socializing Loss on SSRN. Here's the abstract: This book chapter describes the role of Fannie Mae and Freddie Mac in the ongoing financial crisis....

Finders Not Keepers in Lottery Ticket Case

Posted on July 28, 2009
AOL News has an interesting story about a finding case in England where a couple who found a winning lottery ticket were forced to return the money (at least the portion they hadn't spent) to the original owner, who had...

Craig on Climate Change and Public Trust

Posted on July 23, 2009
Robin Kundis Craig (Florida State) has posted Adapting to Climate Change: The Potential Role of State Common Law Public Trust Doctrines on SSRN. Here's the abstract: Climate change is already altering historical expectations regarding water supply and aquatic ecosystems...

Davis and Brophy on Family, Property, Will and Trust in the Antebellum South

Posted on July 21, 2009
Stephen Duane Davis II (Law Clerk, U.S. District Court, Northern District of Alabama) and our own Alfred L. Brophy (UNC - Chapel Hill) have posted The Most Esteemed Act of My Life: Family, Property, Will, and Trust in the Antebellum...

Homeowners Association Bans Smoking in Housing Units

Posted on July 20, 2009
From the Wisconsin Leader-Telegram: It's not just indoor public places in Eau Claire where lighting up is prohibited. Now residents of a south side, owner-occupied housing complex will have to snuff out smoking in their homes, the most recent sign...

Two Jugs of Tea and a Chicken

Posted on July 17, 2009
My colleague Wes Oliver is hard at work on three different articles right now, and was just sharing his fuel for a late night writing session: two jugs of (caffeinated, iced) tea and a (rotisserie) chicken. I think that would...

Penalver on the Illusory Right to Abandon

Posted on July 16, 2009
Eduardo M. Penalver (Cornell) has posted The Illusory Right to Abandon on SSRN. Here's the abstract: The common law of property supposedly empowers owners of chattels freely and unilaterally to abandon them by manifesting the clear intent to do so,...

Dagan on Exclusion and Inclusion in Property

Posted on July 16, 2009
Hanoch Dagan (Tel Aviv) has posted Exclusion and Inclusion in Property on SSRN. Here's the abstract: Exclusion is in vogue in property discourse: the right to exclude is often considered property?s most defining feature. In this essay, I criticize exclusion-centrism...

Advanced Placement for Law Schools

Posted on July 13, 2009
Legal education faces a quandary. On the one hand, law school costs a lot of money and takes a lot of time. The tuition that can easily leave students with over $100,000 in debt is the most obvious cost of...

Disclosure of Energy Star Data in Commercial Real Estate Transactions

Posted on July 09, 2009
According to an alert by some folks at Greenberg Traurig's land development group, California will soon require the disclosure of energy efficiency data in non-residential real estate transactions: On January 1, 2010, owners of non-residential buildings in California will be...

Revive INS v. AP to Save Newspapers?

Posted on July 09, 2009
From an Op-Ed in the Cleveland Plain Dealer: "If the copyright law doesn't open the way for originators of news to stop the free-riding, newspapers will die," he said. "No exceptions." The Marburgers propose a change in federal law that...

RLUIPA and Eminent Domain

Posted on July 09, 2009
Over at Prawfs, Nelson Tebbe has an interesting post on the impact of RLUIPA on takings of property owned by religious entities. The post is based on an article co-authored by Tebbe and Chris Serkin titled Condemning Religion: RLUIPA and...

Possession in Property Law and Theory

Posted on July 06, 2009
I'm presently working on a paper on possession. What follows is my current thinking on the different roles that possession plays in property law and theory. Comments of any sort would be very welcome. The idea of possession plays three...

What?s At Stake in Stop the Beach Renourishment

Posted on July 01, 2009
As I noted a couple of weeks ago, the Supreme Court recently granted cert in Stop the Beach Renourishment v. Florida Department of Environmental Protection. The cert petition presented three questions, but the case will likely center on the first:...

Property in Rain

Posted on June 30, 2009
Yesterday's NY Times has a fun story about a change in Colorado law that now makes it permissible for owners to collect rain that falls on their property. A taste: For the first time since territorial days, rain will be...

Brown on the Race to Subprime

Posted on June 29, 2009
Carol Necole Brown (UNC - Chapel Hill) has posted Intent and Empirics: Race to the Subprime on SSRN. Here's the abstract: The United States? history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed...

The Market in Human Eggs

Posted on June 29, 2009
Over at The Faculty Lounge, Kim Krawiec has a great post on New York's recent decision to allow (and cap) payments for human eggs used in research. This should be of interest to those who follow property-in-the-body debates. Ben Barros...

Collins on Eminent Domain, Home Rule and Retroactivity

Posted on June 26, 2009
Richard B. Collins (Colorado) has posted Telluride's Tale of Eminent Domain, Home Rule, and Retroactivity on SSRN. Here's the abstract: Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and...

Framing in First-Year Property

Posted on June 23, 2009
I've been thinking about possession quite a bit lately, and this in turn has led me to think a bit about how we frame issues in the first-year property course. There are a number of issues where I (and I...

Katz on Abuse of Right

Posted on June 22, 2009
Larissa M. Katz (Queen's University - Faculty of Law) has posted A Jurisdictional Principle of Abuse of Right on SSRN. Here's the abstract: A principle of abuse of right means that an owner?s reasons for action, and not just the...

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