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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

Resources for Property Profs -- DIRT Listserv

Posted on February 03, 2011
If you are not currently subscribed to the DIRT listserv, I recommend that you check it out. The listserv is moderated by Professor Pat Randolph of University of Missouri at Kansas City Law School. It is one of the few...

COP Hearing on Commercial Real Estate and Banks

Posted on February 03, 2011
The Congressional Oversight Panel will be holding a hearing tomorrow, February 4th at 10:00 a.m. in room 538 of the Dirksen Senate Office Building to "examine the current state of the commercial real estate market and its implications for bank...

Brigham-Kanner Property Rights Conference

Posted on February 03, 2011
The good folks at William & Mary have announced the program for the Eighth Annual Brigham-Kanner Property Rights Conference. The conference will be making its international debut in Beijing, China on October 14-15, 2011. The organizers will recognize Sandra Day...

Davidson from Colorado to Fordham

Posted on February 02, 2011
As a Fordham alum, I'm delighted that my good friend Nestor Davidson is joining the faculty at Fordham from the University of Colorado at Boulder. Ben Barros [Comments are held for approval, so there will be some delay in posting]

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The Commercial Real Estate Debt Crisis and Online Law Reviews

Posted on February 02, 2011
The Harvard Business Law Review Online just published a short essay that I wrote about the commercial real estate debt crisis. As readers of the blog may recall, I am working on a much larger piece that will analyze the...

Recent SSRN Downloads

Posted on February 01, 2011
In honor of the beginning of the month, here are the most downloaded property articles over the last 60 days. There's been a noticeable shakeup since last month: 1. [499 downloads] Mortgage Servicing by Adam J. Levitin (Georgetown) and Tara...

Rent or Buy?

Posted on January 31, 2011
At the beginning of the the material on Landlord-Tenant, I do a song and dance about how this country has fetishized homeownership in very strange and unproductive ways. I also try to convince the class that (in financial terms) renting...

A Terrible Wind and Ice Storm Is Coming. Go Stand on Your Snow-Covered Roof.

Posted on January 31, 2011
In keeping with Steve's post below, another reason home ownership may not be every it's cracked up to be: Today, New York City's Department of Buildings issued an advisory urging property owners to remove snow from their roofs and out...

How Much Mortgage and Foreclosure Crisis Do You Teach?

Posted on January 28, 2011
I teach a lot of M&F crisis -- or at least I think I do. Property is (for the time being, at least) a two-semester, 6-credit odyssey at William Mitchell, so I have time I can devote to the crisis,...

Balganesh on Property in News

Posted on January 27, 2011
Shyamkrishna Balganesh (Penn) has posted 'Hot News': The Enduring Myth of Property in News (Columbia Law Review) on SSRN. Here's the abstract: The ?hot news? doctrine refers to a cause of action for the misappropriation of time-sensitive factual information that...

The Popularity of Property Textbooks

Posted on January 26, 2011
Snagging an idea from Lawrence Cunningham's post on Contracts casebooks, I decided to check out the Amazon sales of leading property textbooks. According to Amazon, these are the 10 most popular Property books (and their rank in total Amazon book...

Drexel Symposium on Business Improvement Districts

Posted on January 25, 2011
Over at the Faculty Lounge, Dan Filler announces the publication of a symposium that will be of interest to many property profs. He writes: I'm very proud to say that the Drexel Law Review has published a particularly interesting and...

Foreclosing on God

Posted on January 25, 2011
The Wall Street Journal has an article today regarding an upswing in foreclosure actions against religious groups. I don't think I can link to it since it is in a part of WSJ.com that is subscription only, but the article...

When Property Disappears

Posted on January 21, 2011
Tony Barboza chronicles a growing problem along the nation's coastlines: What happens when the ocean moves in and tries to retake the land? Barboza writes: The effort by the city of Ventura [to move a bike path 65-feet inland] is...

Turner on Degrees of Property

Posted on January 20, 2011
Peter G. Turner (Cambridge) has posted Degrees of Property. Here's the abstract: Navigating a way through a complex idea such as property can be tricky. What guides do we have? Jeremy Bentham showed the way by pointing out that property...

The 10 Greatest Landscape Paintings of All Time

Posted on January 19, 2011
If you need a touch of inspiration, here are the 10 most beautiful, most amazing, most inspiring pictures of Blackacre ever put down on canvass: 10. Ivan Shiskin, A Rye Field 9. Milton Avery, Green Sea 8. Albert Bierstadt, The...

Revenge of the Fox

Posted on January 18, 2011
For anyone who feels sorry about the fox in Pierson v. Post, this story about a fox who shot a hunter should bring some happiness. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Anyone Need a Leaseholds Exam Question?

Posted on January 18, 2011
Cause I gotta beauty for ya, right here. The New York Times reports that real estate developers have made such a visually appealing $80 million alteration to the facade and entrance of 112 West 34th Street in Manhattan that they...

The Burning Man Festival and The Origin of Property Rules

Posted on January 14, 2011
Burning Man, a festival held in the Black Rock Desert of Nevada attracts roughly 50,000 participants each year. Nate Berg traces how the festival has evolved from a gathering of 20 friends "into a highly planned, intricately organized and fully...

Who Owns Your Placenta?

Posted on January 13, 2011
My wife and I had a baby in December (yeah Capricorns!). During the end of 2010, I ended up reading a lot of stuff (often on the internet, often late at night) trying to prepare myself for the main event....

Rick Barber, George Washington, and The Right of Publicity

Posted on January 13, 2011
One more video you may want to use when you cover the right of publicity. Last year a congressional candidate named Rick Barber shot a campaign ad that got a lot of attention. He sat at a kitchen table with...

Kelly from Baltimore to Notre Dame

Posted on January 12, 2011
PropertyProf and clincian James J. Kelly, Jr. will be moving from Baltimore to Notre Dame, after a visit this spring at Washington & Lee. At Notre Dame, Jim will develop a new community development clinic. I've been a longtime admirer...

Kelly on Maryland's Affordable Housing Land Trust Act

Posted on January 12, 2011
James J. Kelly Jr. (Baltimore, soon to be at Notre Dame) has posted Maryland's Affordable Housing Land Trust Act on SSRN. On May 20, 2010, Maryland?s governor, Martin O?Malley, signed the Affordable Housing Land Trust Act (AHLT Act) into law....

Mulvaney on Judicial Takings

Posted on January 12, 2011
Timothy M. Mulvaney (Texas Wesleyan) has posted The New Judicial Takings Construct on SSRN. Here's the abstract: In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a four-Justice plurality endorsed a novel theory that would make the...

The World's Newest Capital City

Posted on January 11, 2011
If Southern Sudan votes to cut off ties with the North, Juba will become the world's newest capital. The good folks at Foreign Policy have posted some photos of this city of 250,000. Steve Clowney [Comments will be held for...

Levitin and Twomey on Mortgage Servicing

Posted on January 11, 2011
Adam Levitin (Georgetown) and Tara Twomey (National Consumer law Center) have posted Mortgage Servicing (Yale Journal on Regulation) on SSRN. Here's the abstract: This Article argues that a principal-agent problem plays a critical role in the current foreclosure crisis...

Foreclosures and the Failure of the American Land Title Recording System

Posted on January 10, 2011
I have just posted an essay to SSRN entitled "Foreclosures and the Failure of the American Land Title Recording System." In it, I argue for the federalization of the land title recording system. Here is my abstract: In this essay,...

Right to Publicity

Posted on January 10, 2011
If you are covering the Right to Publicity this week, as I am, you might want to check out a story that originally aired on 60 Minutes in 2009 and was updated last night. It is available on the show's...

Massachusetts Supreme Judicial Court Restitutes Foreclosed Homes to Borrowers

Posted on January 08, 2011
Yesterday the Massachusetts Supreme Judicial Court voided two foreclosures carried out by U.S. Bancorp and Wells Fargo in 2007. Both banks were acting as trustees for securitized pools of mortgage loans that allegedly included the borrowers' mortgage loans...

An Illegal Fifth Floor

Posted on January 06, 2011
A story (with an impressive "now and then" graphic) about the fate of a Civil War era building in New York. In short: A building owner has ignored the city?s demands to dismantle a fifth story that was added to...

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