Real Estate & Property Law

Konomark and the extension of Aloha Jurisprudence

Posted on May 31, 2008
While Alitorros is up in Montreal enjoying Law and Society, I've been sweating out the move to Chapel Hill. Now I'm in a pet friendly hotel in Chapel Hill, getting caught up on my blog reading.... Via Eric Johnson over...

Off to Law & Society

Posted on May 28, 2008
I'm heading to Montreal for the Law & Society Conference, which will feature a great set of property panels. Internet access permitting, I'll try and post from there. Ben Barros [Comments are held for approval, so there will be some...

The Latest Talk about Cultural Property

Posted on May 27, 2008
... from the New York Times, discussing James Cuno's Who Owns Antiquity? Museums and the Battle Over Our Ancient Heritage, just published by Princeton University Press. Cuno is also editor of Whose Muse? Art Museums and the Public Trust published...

GELPI Report on Takings Legislation

Posted on May 27, 2008
The Georgetown Environmental Law and Policy Institute has released a report on the impact of takings legislation. Here is a summary of the findings: The major findings of the report are that the takings agenda has undermined community protections by....

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Hamilton from Chicago-Kent to Illinois

Posted on May 22, 2008
According to Brian Leiter, property prof Dan Hamilton is moving from Chicago Kent to the University of Illinois. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Carillo on ARMs

Posted on May 21, 2008
Jo J. Carrillo (Hastings) has posted Dangerous Loans: Consumer Challenges to Adjustable Rate Mortgages on SSRN. Here's the abstract: This article analyzes the relationship between innovative mortgage products, like adjustable-rate mortgages, and the first wave of consumer legal challenges brought...

Davies on Assured Supply Laws

Posted on May 21, 2008
Lincoln Davies (Utah) has posted Just a Big, 'Hot Fuss'? Assessing the Value of Connecting Suburban Sprawl, Land Use, and Water Rights Through Assured Supply Laws on SSRN. Here's the abstract: States and localities increasingly recognize the need to link...

Heller and Hills on Land Assembly Districts

Posted on May 19, 2008
Dan Kelly's response (see post below) reminded me that the Harvard Law Review has posted Land Assembly Districts, by Michael Heller (Columbia) and Rick Hills (NYU), online. Here's the abstract: Eminent domain for economic development is both attractive and appalling...

Two by Kelly

Posted on May 19, 2008
Daniel B. Kelly (Olin Fellow, Yale) has posted two pieces on eminent domain on SSRN. They are: The Limitations of Majoritarian Land Assembly In their article, Land Assembly Districts, Professors Michael Heller and Rick Hills address the collective action problem...

Property in Space

Posted on May 19, 2008
The Boston Globe has a great article on property in space. It raises a number of interesting theoretical issues about property, and might make a great teaching tool. Hat tip: Ilya at the VC. Ben Barros Asteroid Photo From NASA...

More Black Market Body Parts

Posted on May 17, 2008
From CNN.com: The former head of UCLA's cadaver program and a businessman were indicted Friday on eight felony counts involving black market sales of human body parts. Henry Reid, the former director of UCLA's willed body program, allegedly sold donated...

Sprankling on Owning the Center of the Earth

Posted on May 15, 2008
The UCLA Law Review has posted John G. Sprankling's Owning the Center of the Earth online. Here's the abstract: How far below the earth?s surface do property rights extend? The conventional wisdom is that a landowner holds title to everything...

Semeraro on Sweet Land of Property

Posted on May 14, 2008
Steven Semeraro (Thomas Jefferson) has posted Sweet Land of Property?: The History, Symbols, Rhetoric, and Theory Behind the Ordering of the Rights to Liberty and Property in the Constitutional Lexicon on SSRN. Here's the abstract: This article critiques the property...

Property and Progress: Antebellum Landscape Art and Property Law

Posted on May 12, 2008
(Doing some cross-posting from thefacultylounge.org this morning....) My time in Tuscaloosa is rapidly drawing to a close. Yesterday I had the pleasure of attending graduation and on Thursday I'm going to give a lecture on the relationship between landscape art...

Gardner on International Application of Regulatory Takings

Posted on May 12, 2008
Royal C. Gardner (Stetson) has posted Taking the Principle of Just Compensation Abroad: Private Property Rights, National Sovereignty, and the Cost of Environmental Protection on SSRN. Here's the abstract: Part I of this article provides a brief background of the...

DePaul Conference on Acquiring and Maintaining Collections of Cultural Objects

Posted on May 09, 2008
This fall, on October 16, DePaul Law School's Center for Intellectual Property Law and Information Technology and the Program in Cultural Heritage Law will host a conference on "Acquiring and Maintaining Collections of Cultural Objects: Challenges Confronting American Museums in...

Antiquities under Siege: Cultural Heritage Protection after the Iraq War

Posted on May 09, 2008
The University of Chicago's Cultural Policy Center has just released Antiquities under Siege: Cultural Heritage Protection after the Iraq War. Its website describes the book: As Saddam Hussein's government fell in April 2003, news accounts detailed the pillaging of from...

Frishmann on Environmental Infrastructure

Posted on May 09, 2008
Brett M. Frischmann (Loyola Chicago) has posted Environmental Infrastructure on SSRN. Here's the abstract: This essay explores how my recent work on infrastructure and commons applies to environmental resources. Part I briefly describes the core idea, which is developed extensively...

McCall on North Carolina Eminent Domain

Posted on May 09, 2008
Jamie R. McCall (UNC-Chapel Hill School of Gov't) has posted The Use of Eminent Domain by North Carolina Counties: Historical Patterns, Current Trends, and Decision Variables on SSRN. Here's the abstract: A 2006 report by the Government Accountability Office states...

Two From Dana

Posted on May 07, 2008
David Dana (Northwestern) has posted two new papers on SSRN: Exclusionary Eminent Domain This Article explores the phenomenon of "exclusionary eminent domain" - the exercise of eminent domain that has the effect of excluding low-income households from an otherwise predominantly...

Power on Constitutional Property

Posted on May 07, 2008
Garrett Power (Univ. of Maryland) has posted Constitutional Property' a Chronicle of the Construction of a Concept on SSRN. Here's the abstract: In the American constitutional system the sovereign has the power to enact "regulations which are necessary to the...

Brick by Brick

Posted on May 06, 2008
Thanks to Florence Roisman for pointing me to Brick by Brick: A Civil Rights Story, a film about housing and education discrimination in Yonkers. According to Florence, the housing issues predominate, and it might make an interesting addition to property...

Katz on Exclusion and Exclusivity

Posted on May 06, 2008
Larissa M. Katz (Queen's University) has posted Exclusion and Exclusivity in Property Law on SSRN. Here's the abstract: In this article, I propose a model for understanding the concept of ownership that I call the exclusivity model. Like many of...

Teaching Order -- Reprise of Where Should Servitudes Go?

Posted on May 05, 2008
Back in January, I noted that I was going to change my coverage order this Spring. Rather than doing Real Estate Transactions - Recording - Nuisance - Sevitudes - Zoning, I put servitudes first. Doing servitudes did have some advantages...

Old cemetery poses grave dilemma for buyers of Vt. farm

Posted on May 04, 2008
Thanks to my colleague Norman Stein for pointing me to this case of cemetery law. From the AP story: The 130-acre property was exactly what Michel Guite and his family wanted: an old Vermont farm with mountain views, rolling hills...

Barr, Mullainathan, and Shafir on Behaviorally Informed Home Mortgage Regulation

Posted on May 02, 2008
Michael S. Barr (U. Michigan), Sendhil Mullainathan (Harvard), and Eldar Shafir (Princeton) have posted Behaviorally Informed Home Mortgage Regulation on SSRN. Here's the abstract: Choosing a mortgage is one of the biggest financial decisions an American consumer will make...

Oliveri on Landlord-Tenant Issues and Anti-Illegal Immigrant Ordinances

Posted on May 02, 2008
Rigel Christine Oliveri (U. Missouri) has posted Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination on SSRN. Here's the abstract: In the face of federal inability to effectively police our national borders and...

Property Section Call For Papers: Hernando de Soto and Property in a Market Economy

Posted on April 28, 2008
Call for Papers?Hernando de Soto and Property in a Market Economy Extended Program of the AALS Section on Property Law The Section on Property Law has proposed a three-hour extended program on ?Hernando de Soto and Property in a Market...

Eminent Domain's Impact on Minorities

Posted on April 28, 2008
David T. Beito (Univ. of Alabama) and Ilya Somin (George Mason) have an interesting op-ed on the subject in the Orlando Sentinel. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Garnett on Taking Without Touching

Posted on April 25, 2008
Nicole Stelle Garnett (Notre Dame) has posted 'No Taking Without a Touching?' Questions from an Armchair Originalist on SSRN. Here's the abstract: This paper is an invited contribution to the Bernard Siegan Memorial Conference on Economic Liberties, Property Rights, and...

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