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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

Borden on Open Tenancies in Common

Posted on January 29, 2009
Bradley T. Borden (Washburn) has posted Open Tenancies in Common on SSRN. Here's the abstract: Tax law (section 1031 in particular) has spawned a new investment vehicle-open tenancies in common. Tax law allows property owners to exchange into like-kind real...

Stern on the Legal Mythology of Home

Posted on January 27, 2009
Stephanie Stern (Loyola Chicago) has posted Residential Protectionism and the Legal Mythology of Home on SSRN. Here's the abstract: Residential real estate has achieved an exalted status and privileged position in American property law. The notion of the home as...

Claeys on Virtue and Rights in American Property Law

Posted on January 27, 2009
Eric Claeys (George Mason) has posted Virtue and Rights in American Property Law on SSRN. Here's the abstract: This paper contributes to a forthcoming theme issue on property and virtue theory. It is written as a response to "The Social-Obligation...

California Western Looking For Property Prof

Posted on January 26, 2009
The folks at California Western sent this along: California Western School of Law invites applications from visiting faculty to teach Property for the fall and possibly the spring of the 2009-2010 academic year. We are looking for candidates with excellent...

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Community and Property

Posted on January 23, 2009
Theoretical Inquiries of Law has a new issue out on Community and Property that looks outstanding. Here's the table of contents: Introduction Community and Custom in Property Henry E. Smith How Property Can Create, Maintain, or Destroy Community Amnon Lehavi...

Yale Pocket Part Symposium on Virtual Worlds

Posted on January 19, 2009
The Yale Pocket Part is holding a symposium on virtual worlds. Two articles look like they would be of particular interest to property profs: James Grimmelmann, Virtual World Feudalism, and Joseph Blocher, Reputation as Property in Virtual Economies. Ben Barros...

Bronin on Sustainable Design and Land Use

Posted on January 19, 2009
Sara C. Bronin (U. Conn.) has posted The Quiet Revolution Revived: Sustainable Design, Land Use Regulation, and the States on SSRN. Here's the abstract: Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states...

Fenster on Lingle and the Stubborn Incoherence of Regulatory Takings

Posted on January 15, 2009
Mark Fenster (Florida) has posted The Stubborn Incoherence of Regulatory Takings on SSRN. Here's the abstract: Lingle v. Chevron (2005), the Supreme Court's most recent effort to sort the complex federal constitutional regulatory takings doctrine, resulted in what commentators have...

Bird and Oswald on Necessity and Eminent Domina

Posted on January 15, 2009
Robert C. Bird (Univ. of Connecticut - Department of Marketing) and Lynda J. Oswald (Univ. of Michigan - Stephen M. Ross School of Business) have posted Necessity as a Check on State Eminent Domain Power on SSRN. Here's the abstract:...

Eagle on Property, Planning, and State Power

Posted on January 15, 2009
Steven J. Eagle (George Mason) has posted Reflections on Private Property, Planning, and State Power on SSRN. Here's the abstract: This essay, in a journal for professional planners and planning lawyers, proposes that the debate between advocates of private property...

Property Section Listserv

Posted on January 12, 2009
Just a reminder that information about joining the AALS Property Section Listserv can be found through this link. Ben Barros [Comments are held for approval, so there will be some delay in approval]

Property Mid-Year Meeting 2010

Posted on January 12, 2009
I recently learned that the Property Section of the AALS has been approved for a mid-year meeting in 2010. No date or location has been set. I'll post more info as I get it. Ben Barros [Comments are held for...

New AALS Property Section Leadership

Posted on January 12, 2009
Here is the new AALS Section Leadership: Chair: Carol Brown, UNC Chair-Elect: Kali Murray, Marquette Secretary: Nestor Davidson, Colorado Executive Committee Members: John Fee, BYU; Shelley Saxer, Pepperdine; Steve Eagle, GMU Ben Barros [Comments are held for approval, so there...

Back from AALS

Posted on January 12, 2009
Thanks to all of you who attended the various property programs at AALS in San Diego. It was great to see so many blog readers in person. Ben Barros [Comments are held for approval, so there will be some delay...

Bees, Trespass, and Tangerine Trees

Posted on January 09, 2009
Carl Christensen of the University of Hawaii Law School has sent along a link to a findlaw story, "Tangerine growers tell beekeepers to buzz off." The story begins with a questions: Is it trespassing when bees do what bees do...

Off to AALS

Posted on January 05, 2009
I'm heading off to the AALS Conference in San Diego. Hope to see you there at one of the Property Section events! Ben Barros [Comments are held for approval, so there will be some delay in posting]

Malagrino on Communal Theories of Urban Property

Posted on January 05, 2009
Dylan Oliver Malagrino (UC Davis) has posted The Application of Communal Theories to Urban Property on SSRN. Here's the abstract: The advantages of privatized property regimes and common property regimes have been debated in legal and economic discourse for ages...

Burke on National Treasures and National Security

Posted on January 05, 2009
Marcilynn A. Burke (University of Houston Law Center) has posted Green Peace? Protecting Our National Treasures While Providing for Our National Security on SSRN. Here's the abstract: In the wake of the terrorist attacks of 9/11, the Department of Defense...

Poverty Law Events at AALS

Posted on January 05, 2009
From the folks at the AALS Poverty Law Section: Section on Poverty Law: January AALS Program: "Privatization: Promise and Pitfall at the Intersection of Law, Markets and Poverty" - January 9, 3:30 - 5:15 p.m. This year our AALS program...

International Tribunal Rules For Zimbabwe Farmers on Land Expropriation

Posted on December 29, 2008
The New York Times has an interesting story on an international tribunal's condemnation of Zimbabwe's confiscation of white farmers' property: Mr. Etheredge this year became one of dozens of white farmers to challenge the government?s right to confiscate their land,...

Papers for Junior Scholars Works in Progress Panel

Posted on December 29, 2008
As we've previously noted, the Property Section will hold a Junior Scholars Works in Progress Panel at AALS. The panel will be held on Friday, January 9, from 8:30 a.m. to 10:15 a.m. If you are attending the panel, you...

Snowzilla: Public Nuisance

Posted on December 26, 2008
Thanks to a tip from a former student (Addie McKinney) I see that Snowzilla (a two story tall snowman) has been abated in Anchorage. From the introduction to the Anchorage Daily News story: Anchorage's famous giant snow man, Snowzilla, finally...

Kelly on Title Clearing in the Internet Age

Posted on December 22, 2008
James J. Kelly Jr. (Univ. of Baltimore) has posted Bringing Clarity to Title Clearing: Tax Foreclosure and Due Process in the Internet Age on SSRN. Here's the abstract: The foreclosure of property tax liens performs an essential economic function by....

Spiller v, Mackereth

Posted on December 21, 2008
Doing a little cross-posting from the faculty lounge this morning. Users of the Dukeminier and Krier (and now Schill and Alexander) property casebook may recall the 1976 Alabama case of Spiller v. Mackereth, which dealt with relations between two co-tenants...

Changing Conceptions of Property Seminar

Posted on December 17, 2008
Via the Legal History Blog, I learned that the Folger Library is holding a seminar titled "Changing Conceptions of Property" that will meet on Thursday and Friday afternoons between May 14 and June 12, 2009. Here's the annoucement: This seminar,...

Glaeser and Gyourko on Federal Housing Policy

Posted on December 16, 2008
Edward L. Glaeser (Harvard Economics) and Joseph Gyourko (Wharton) have a new book out from AEI called Rethinking Federal Housing Policy. The book is available as a pdf from the AEI website through the previous link. Here's the publisher's blurb:...

Byrne on Gettysburg and Historic Preservation

Posted on December 16, 2008
J. Peter Byrne (Georgetown) has posted Hallowed Ground: The Gettysburg Battlefield in Historic Preservation Law on SSRN. Here's the abstract: This article seeks to deepen legal analysis of historic preservation law by analyzing how contemporary presuppositions and legal tools shape...

Salkin on Land Use Ethics

Posted on December 16, 2008
Patricia Salkin (Albany) has posted Ethical Considerations in Land Use Law Blowing in the Wind on SSRN. Here's the abstract: This paper focuses on current legal issues in ethical considerations in land use planning and zoning decision making with a...

Eviction of Tenants From Foreclosed Apartments

Posted on December 15, 2008
Mark Edwards has some interesting thoughts on this issue over at the Co-op. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Fertile Septuagenarian

Posted on December 12, 2008
A couple of days ago, Kaimi Wenger noted this interesting story out of India: Rajo Devi became the oldest woman in recorded history to ever give birth on November 28, when the 70-year-old delivered a baby girl in India. ....

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