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Real Estate & Property Law

PropertyProf Blog 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

Recent Entries: 1079

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Right to Sunlight in California

Posted on February 29, 2008
From CNN: In an environmental dispute seemingly scripted for eco-friendly California, a man asked prosecutors to file charges against his neighbors because their towering redwoods blocked sunlight to his backyard solar panels. But the couple next door insisted they should...


Levitt Bankruptcy

Posted on February 29, 2008
NPR has an interesting story on the bankruptcy of Levitt and Sons, the firm that developed Levittown. The story also discussed the impact of the bankruptcy on buyers in a Levitt project in Florida: Among those customers is Bill Quattrocchi,...


Late 1800's San Francisco Spite Fence

Posted on February 28, 2008
I have a thing for spite fence cases. My Mom sent along a link to this 1902 story (with photos) about a great spite fence (40 feet tall!!!) in San Francisco's Nob Hill neighborhood. As an added bonus for propertyprofs,...


Barros on Property and Freedom

Posted on February 26, 2008
I've posted Property and Freedom on SSRN. Here's the abstract: Private property is often defended on the basis that it promotes individual freedom. Discussion of this subject has typically taken place in the context of contentious debates over the legitimacy...


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Turnipseed on Deathbed Marriages

Posted on February 25, 2008
Terry L. Turnipseed (Syracuse) has posted How Do I Love Thee, Let Me Count the Days: Deathbed Marriages in America on SSRN. Here's the abstract: Should you be able to marry someone who has only days to live? If so,...


Nelson on Fairness and Priority in Foreclosure Purchases

Posted on February 24, 2008
Grant Nelson (Pepperdine) has posted The Foreclosure Purchase by the Equity of Redemption Holder or Other Junior Interests: When Should Principles of Fairness and Morality Trump Normal Priority Rules? on SSRN. Here's the abstract: This article explores an issue that...


Advice to Law Journals, Part 25

Posted on February 20, 2008
25 Keep up with work or it will overwhelm you. Actually, this is great advice for academic life in general. And the image I use for this is from the book where I first learned this years ago--the Little Prince,...


War and Peace: Art and Cultural Heritage Law in the 21st Century

Posted on February 19, 2008
If I could be anywhere on March 4, I'd be at the Cardozo Public Law, Policy, and Ethics Journal's symposium on War and Peace: Art and Cultural Heritage Law in the 21st Century. The Cardozo Law School website says: Cardozo...


Singer on Normative Methods for Lawyers

Posted on February 19, 2008
Joseph William Singer (Harvard) has posted Normative Methods for Lawyers on SSRN. Here's the abstract: How can we defend arguments about what the law should be based on considerations of morality, justice, fairness, liberty, rights, or human values? Are such...


Zoning and the Subprime Crisis

Posted on February 19, 2008
Over at the VC, Ilya Somin has a post on possible links between restrictive zoning and the subprime market. I have to say that I'm a bit skeptical. I can see how zoning increases housing prices, but I can't see...


Subprime Blogging

Posted on February 18, 2008
Over at Daily Sprawl, Chad Emerson is keeping tabs on various mortgage issues. Folks interested in the subject should check it out. Ben Barros [Comments are held for approval, so there will be some delay in posting]


Singer on Property Norms and Externalities of Ownership

Posted on February 18, 2008
Joseph William Singer (Harvard Law School) has posted How Property Norms Construct the Externalities of Ownership on SSRN. Here's the abstract: The relation between property and sovereignty is a contested one. Traditional norms identify the protection of both persons and...


Saxer on Religious Accessory Uses

Posted on February 18, 2008
Shelley Ross Saxer (Pepperdine) has posted Faith in Action: Religious Accessory Uses and Land Use Regulation on SSRN. Here's the abstract: This article details the application of constitutional, land use and tax law principles to non-religious facilities and activities, within...


I'm Back

Posted on February 18, 2008
Sorry for the lack of posting in the last week. I had the flu for one part of the week, and was on the road for the other. Not a good combo. Ben Barros [Comments are held for approval, so...


Indian Head Rock Dispute

Posted on February 11, 2008
The New York Times has the latest on a rock that's claimed by Kentucky and Ohio and has some historical significance. ALB


Honeydripper

Posted on February 10, 2008
Saw a fantastic movie last night--John Sayles' latest, Honeydripper. Danny Glover stars as the proprietor (Tyrone "Pinetop" Purvis) of a failing blues club in Harmony Alabama in 1950. Never been to Harmony, but I take it from mapquest that it's...


South Carolina Monument In Hamburg

Posted on February 10, 2008
Thanks to Ann Bartow for a pointer to this story from the South Carolina newspaper The State on the Hamburg, South Carolina massacre of 1876 and the monument that's already there--as well as efforts at historical preservation in Hamburg. Here's...


Ball from Penn State to Rutgers-Newark

Posted on February 09, 2008
Brian Leiter is reporting that property prof Carlos Ball is moving from Penn State to Rutgers-Newark. Ben Barros [Comments are held for approval, so there will be some delay in posting]


Ball on Privacy, Property, and Public Sex

Posted on February 09, 2008
Speaking of Carlos Ball, he has posted Privacy, Property, and Public Sex on SSRN. Here's the abstract: This Article argues that the constitutional right to sexual liberty should include the right to engage in public sex under certain circumstances. In...


Whitman Festschrift

Posted on February 06, 2008
To my pleasure, the Missouri Law Review's festschrift volume for Dale Whitman (volume 72, fall 2007) appeared in my mailbox this morning. Lots of great articles--though I suspect my favorite will be Dale Whitman's "teaching property--a conceptual approach," which lists...


Reprising Hippie Jurisprudence

Posted on February 06, 2008
In light of Orin Kerr's post on Judge Fullam's 1968 opinion regarding the prosecution of a "hippie", it may be time to reprise our post from last summer on hippie jurisprudence. The post was inspired by an issue of Rolling...


Advice to Law Journals, Part 24

Posted on February 05, 2008
We're nearing the end of advice to law journals.... 24 Have some fun. Publishing a journal is a ton of work; try to have the experience itself be enjoyable. Al Brophy


Epstein on Wealth in Real Property

Posted on February 04, 2008
Richard Epstein (Chicago) has posted How to Create - Or Destroy - Wealth in Real Property on SSRN. Here's the abstract: Current legal conceptions of property differ in the private and the public law. The former develops a comprehensive conception...


Goldstein v. Pataki

Posted on February 03, 2008
Ilya Somin has a good post at the VC about this interesting Second Circuit case. An excerpt: The US Court of Appeals for the Second Circuit recently decided Goldstein v. Pataki, a case challenging the condemnation of homes and other...


Ceded Lands in Hawaii

Posted on February 03, 2008
In 1893, the government of the Kingdom of Hawaii, a constitutional monarchy, was overthrown by a group of mostly American planters and businessmen, supported by a contingent of U.S. Marines. The revolutionaries subsequently established the Republic of Hawaii and entered...


Advice to Law Journals, Part 23

Posted on February 02, 2008
23 subsidize the journal (with academic credit). One of my colleagues uses the wise phrase "if you subsidize something you'll get more of it." I think applies well to lots of situations, including law reviews. Want students to spend more...


The Current State of Post-Kelo Eminent Domain Reform

Posted on January 29, 2008
Over at the VC, Ilya Somin has a post linking to the latest version of his paper on post-Kelo eminent domain reform. The post also discusses the public's lack of knowledge about eminent domain issues: In the SCG's 2007 Saint...


Propertyprof's Lunch with James Krier

Posted on January 29, 2008
I'm experimenting with some new "voices" for blogging. This one's going to be written in Wall Street Journal Law Blog style. We'll see how it goes. Propertyprof blog had the pleasure of lunching with James Krier recently. (He's visiting at...


Lehavi on Property and Community

Posted on January 28, 2008
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted How Property Can Create, Maintain, or Destroy Community on SSRN. Here's the abstract: Property law plays a crucial role in the ability of groups, especially ones composed of...


Barros on Hadacheck v. Sebastian

Posted on January 28, 2008
I've posted Hadacheck v. Sebastian on SSRN. Here's the abstract: This short encyclopedia entry discusses Hadacheck v. Sebastian and its relevance to contemporary regulatory takings jurisprudence. The entry describes the Hadacheck litigation and the treatment of Hadacheck in the Supreme...


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