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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

Merrill to Yale

Posted on March 28, 2008
Brian Leiter is reporting that Tom Merrill is moving from Columbia to Yale, joining his frequent collaborator Henry Smith. Ben Barros [Comments are held for approval, so there will be some delay in posting]

More on What Virtual Property Can Do For Property: The Problem of Analogy

Posted on March 27, 2008
In my string of posts, I'm trying to explain how the study of virtual property can clarify our thinking about property generally and intangible rights in particular. In my last post, I explained some of the analytical problems in designating...

Schwarcz on Disclosure and the Subprime Crisis

Posted on March 26, 2008
Steven L. Schwarcz (Duke) has posted Disclosure's Failure in the Subprime Mortgage Crisis on SSRN. Here's the abstract: This symposium article examines how disclosure, the regulatory focus of the federal securities laws, has failed to achieve transparency in the subprime...

Border Fence Eminent Domain Issues

Posted on March 26, 2008
A number of disputes have arisen in Texas about the use of eminent domain to take property surrunding the new border fence. The judge on some of the cases recently ordered the government to negotiate over price with the property...

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Buying Peace and Quiet in Yellowstone

Posted on March 25, 2008
The New York Times has an editorial. Alfred Brophy

Tate on Testamentary Freedom

Posted on March 25, 2008
Joshua C. Tate (SMU) has posted Caregiving and the Case for Testamentary Freedom on SSRN. Here's the abstract: Almost all U.S. states allow individuals to disinherit their descendants for any reason or no reason, but most of the world's legal...

Ruhl on Ecosystem Services and the ACF Dispute

Posted on March 24, 2008
J.B. Ruhl (Florida State) has posted Equitable Apportionment of Ecosystem Services: New Water Law for a New Water Age on SSRN. Here's the abstract: This article examines the interstate water controversy between Florida, Georgia, and Alabama regarding allocation of water...

Asoni on Property Rights and Economic Growth

Posted on March 24, 2008
Andrea Asoni (U. Chicago Dep't of Econ.) has posted Protection of Property Rights and Growth as Political Equilibria on SSRN. Here's the abstract: This paper presents a survey of the literature on property rights and economic growth. It discusses different...

Fennell on Slices and Lumps

Posted on March 20, 2008
Lee Fennell (Chicago) has posted Slices and Lumps on SSRN. Here's the abstract: This brief essay, delivered in slightly different form as the 2008 Coase Lecture at the University of Chicago Law School, addresses problems involving the aggregation and division...

Is "Intangible" a Property Category?

Posted on March 19, 2008
I think not. I was happy to get a comment on my last post, and the commenter suggested that the category "intangible" will disappear with respect to "virtual" money. I had two thoughts when I read the comment: first, "hmm,...

Epstein at Prawfs

Posted on March 19, 2008
Richard Epstein is blogging at Prawfsblawg about his new book on takings. Looks to be a very interesting conversation. Check it out! Ben Barros [Comments are held for approval, so there will be some delay in posting]

Lefcoe on Kelo and Blight

Posted on March 18, 2008
George Lefcoe (USC) has posted Redevelopment Takings after Kelo: What's Blight Got to Do with it? on SSRN. Here's the abstract: Cities large and small across the country are utilizing redevelopment powers to become land developers, transforming underutilized areas into...

A Primer on the Subprime Mess

Posted on March 18, 2008
In cartoon form (click through to the power point - be warned that the investment bankers speak in the language they use in real life, which is high on four-letter content). UPDATE: It is also available here (click on the...

Real Estate Transactions Section Call for Papers

Posted on March 17, 2008
Here is the call for papers for the Real Estate Transactions Section panel for next year's AALS conference. The Property Section call will come out in the next few weeks. Call for Papers?Real Estate Transactions in Troubled Times Joint Extended...

Subprime Lawsuits by Cleveland and Baltimore

Posted on March 17, 2008
I've been thinking about the nuisance lawsuit that Cleveland filed against a series of subprime lenders and the Baltimore lawsuit filed about Wells Fargo, based on the Fair Housing Act. Wall Street Journal Blog talks about them here, as have...

Sex Beds and Virtual Land: What can Virtual Property Do for Property?

Posted on March 14, 2008
Thanks for the introduction, Ben! Ben's description of me as someone "who also teaches Property" is just right; I started teaching Property after over ten years of teaching upper-level Property-related courses such as Secured Transactions, Bankruptcy, and Electronic Commerce...

Guest Blogger: Juliet Moringiello

Posted on March 14, 2008
I'm delighted that my colleague Juliet Moringiello will be joining us for a guest stint. Juliet is a cyberlaw and commercial law expert who also teaches property. Among other things, she will be blogging about virtual property and approaching property...

Alexander on The Social-Obligation Norm in American Property Law

Posted on March 14, 2008
Greg Alexander (Cornell) has posted The Social-Obligation Norm in American Property Law on SSRN. Here's the abstract: This article seeks to provide in property legal theory an alternative to law-and-economics theory, the dominant mode of theorizing about property in contemporary...

Schwarcz on Risk and the Subprime Crisis

Posted on March 14, 2008
Steven L. Schwarcz (Duke) has posted Markets, Systemic Risk, and the Subprime Mortgage Crisis on SSRN. Here's the abstract: The subprime mortgage crisis is undermining financial market stability and has the potential to cause a true systemic breakdown...

Foldvary on Land Rent Taxation

Posted on March 14, 2008
Fred E. Foldvary (Santa Clara - Department of Econ) has posted The Ultimate Tax Reform: Public Revenue from Land Rent on SSRN. Here's the abstract: An ideal public revenue policy respects a person's right to privacy, does not discourage work...

Eagle on Common Law and the Environment

Posted on March 12, 2008
Steven J. Eagle (George Mason) has posted The Role of the Common Law in Defining and Protecting the Environment: A Prolegomenon on SSRN. Here's the abstract: This article surveys contemporary issues in defining and protecting the environment. It stresses the...

Cultural Property Dispute Between Sweden and ...

Posted on March 10, 2008
Amidst all of the earth-shaking news about the governor of New York, it's easy to miss this: today's New York Times brings news of a dispute over 350 year old spoils of war captured by Sweden from Denmark--but in a...

Civil Rights Owner v. KKK Life Tenant

Posted on March 10, 2008
From CNN.com: A black civil rights activist is fighting to close a store that sells KKK robes and T-shirts emblazoned with racial slurs. David Kennedy is confident he can make it happen. After all, he says he owns the building....

Oust Tenants, Convert to Condo

Posted on March 09, 2008
The Washington Post has a lengthy story on a loop-hole in a DC statute that limits the conversion of apartments to condos: if there are no tenants, you don't need their permission to convert. Here's a taste of the article:...

Johnson on Zoning and Sex Offenders

Posted on March 07, 2008
Asmara T. Johnson (Thurgood Marshall School of Law) has posted In the Zone: Sex Offenders and the Ten Percent Solutions on SSRN. Here's the abstract: This Article challenges prevailing judicial orthodoxy that many sex offender residency restrictions are constitutional under...

Property and Psychology Panel at APLS

Posted on March 04, 2008
Tomorrow I'm off to the American Psychology-Law Society Conference to take part in a panel titled A Psychological Perspective on Property Law: Current Topics and Future Directions. The panel was put together by Jeremy Blumenthal (Syracuse). Here's the panel abstract:...

Lewinsohn-Zamir on More v. Less Property

Posted on March 04, 2008
Daphna Lewinsohn-Zamir (Hebrew University) has posted More Is Not Always Better than Less: An Exploration in Property Law on SSRN. Here's the abstract: The common intuition that more is better than less often lies at the heart of arguments regarding....

Bavan on Housing Discrimination and "Color" of Voice

Posted on March 04, 2008
Meena S. Bavan (HUD) has posted Does Housing Discrimination Exist Based on the 'Color' of an Individual's Voice? on SSRN. Here's the abstract: Does housing discrimination exist based on the "color" of an individual's voice? Linguistic profiling occurs when people...

Singer on Property Norms and the Construction of Externalities of Ownership

Posted on March 03, 2008
Joseph Singer of Harvard Law School has posted How Property Norms Construct the Externalities of Ownership on ssrn. Professor Singer's abstract reads: The relation between property and sovereignty is a contested one. Traditional norms identify the protection of both persons...

Weiser and Hatfield on Property in Spectrum

Posted on March 03, 2008
Phil Weiser and Dale N. Hatfield (Univ. of Colorado) have posted Spectrum Policy Reform and the Next Frontier of Property Rights on SSRN. Here's the abstract: The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large...

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