Real Estate & Property Law

Lavine and Salkin on Religious Exercise and Community Planning

Posted on June 22, 2009
Amy Lavine and Patricia Salkin (Albany) have posted God and the Land: A Holy War Between Religious Exercise and Community Planning and Development on SSRN. Here's the abstract: This article is a brief introduction to The Albany Government Law Review....

Ellickson on Federalism, Kelo, and Epstein

Posted on June 19, 2009
Robert C. Ellickson (Yale) has posted Federalism and Kelo: A Question for Richard Epstein on SSRN. Here's the abstract: The irrepressible Richard Epstein has been one of the most provocative and wide-ranging of contemporary legal scholars. According to Epstein?s own...

Katz on Red Tape and Gridlock

Posted on June 19, 2009
Larissa M. Katz (Queen's University - Faculty of Law) has posted Red Tape and Gridlock on SSRN. Here's the abstract: This paper concerns the role of property theory in explaining why so many people around the world control their assets...

A Statement of Progressive Property

Posted on June 17, 2009
Gregory S. Alexander (Cornell); Eduardo M. Penalver (Cornell); Joseph William Singer (Harvard); and Laura Underkuffler (Cornell) have posted A Statement of Progressive Property on SSRN. Here's the abstract: What would a progressive theory of property look like? Although such a...

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Dana on Foreclosure and Fragmentation

Posted on June 17, 2009
David A. Dana (Northwestern) has posted The Foreclosure Crisis and the Anti-Fragmentation Principle in State Property Law on SSRN. Here's the abstract: Secured credit in homes has been divided and over-divided and spun into so many separate interests that economically...

Supreme Court Grants Cert on Regulatory Takings Case

Posted on June 15, 2009
The Supreme Court today granted cert in Stop the Beach Renourishment v. Florida Department of Environmental Protection. (HT: Jonathan Adler at the VC). The Florida Supreme Court's decision is available here. Argh! My summer is already booked. I don't have...

Sotomayor and Property Rights

Posted on June 15, 2009
Today's Times has an article on how property rights issues might come up in Judge Sotomayor's confirmation hearings. The article focuses on the Second Circuit's opinion in Didden v. Port Chester. The opinion was unsigned, but Judge Sotomayor was on...

Pace Environmental Law Review Announces Goes to Peer-Review

Posted on June 13, 2009
I just got this announcement, which will be of interest to readers who publish in topics related to environmental law: Established in 1982, PELR was one of the first scholarly environmental law journals. As of August 1, 2009, Pace Environmental...

Confusion Between American and International Takings Law

Posted on June 10, 2009
I should probably write something more substantial about this at some point, but I've been talking with various people recently about the international law of expropriation and its relationship to U.S. takings law. There are a host of important differences,...

Cornell Law Review on Progressive Property

Posted on June 10, 2009
The Cornell Law Review has a major symposium on "progressive property." It begins with a joint statement by Greg Alexander, Eduardo M. Penalver, Joseph William Singer, and Laura S. Underkuffler. Then follow articles on The Social-Obligation Norm in American Property...

Department of Misleading Headlines

Posted on June 08, 2009
Consider the following headline and lede: U.S. Gov't Backs Off Seizure Plan, Says Flight 93 Landowners 'Will Be Treated Fairly' SOMERSET, Pa. -- The U.S. government will not use eminent domain to seize people's land for a permanent Flight 93...

More on Conwell v. Grey Loon

Posted on May 30, 2009
Thanks Ben, for asking me to share my thoughts on Conwell v. Grey Loon Outdoor Marketing Group, Inc. While Eugene Volokh describes it as ?not the sexy sort of cyberlaw, I get tired of teaching ?sexy? cases dealing with Playboy...

New Case on Property Rights in Web Sites

Posted on May 28, 2009
Eugene Volokh notes an interesting new case about property rights in web sites, Conwell v. Gray Loon Outdoor Marketing Group, Inc. The opinion is available here. Ben Barros [Comments are held for approval, so there will be some delay in...

Call for Papers: Journal of Law & Public Policy

Posted on May 26, 2009
From the JLPP at Florida: The Journal of Law & Public Policy at the University of Florida Levin College of Law is currently accepting submissions for its real estate law issue. This issue will be published in December 2009 and...

In Memoriam - John Cribbett (1918-2009)

Posted on May 26, 2009
Leading property scholar John Cribbett has died. The University of Illinois has a memorial notice. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Bertacchini, De Mot, and Depoorter on Commons, Anticommons and Semicommons

Posted on May 26, 2009
The new Review of Law & Economics has an article by Enrico Bertacchini (University of Torino), Jef P.B. De Mot (University of Ghent) and Ben Depoorter (Miami) called Never Two Without Three: Commons, Anticommons and Semicommons. Here's the abstract: A...

The Poet of Property

Posted on May 23, 2009
We've spoken before about property poetry--about poetry of a meadow, about a poem for Virginia's Natural Bridge by John Thompson, editor of the Southern Literary Messenger, and about William Cullen Bryant's Ages. Now I see that the New York Times...

Property Regulation in Bryn Mawr

Posted on May 23, 2009
For those who are interested in popular conceptions of what it means to "own property," there's a robust discussion in the comments to this Philadelphia Inquirer story about what will happen with a mansion in Bryn Mawr. Can the (unknown)...

The Advantages of Take-Home Exams

Posted on May 22, 2009
In my first-year Property class, I always give closed-book, in-class exams. In part, this is because of the nature of the Property class -- it is an introductory survey, and I am testing on the students' understanding of basic material....

Berger on Lessons Learned From Measure 37

Posted on May 22, 2009
Bethany Berger (U. Conn.) has posted What Owners Want and Governments Do - Evidence from the Oregon Experiment on SSRN. Here's the abstract: In 2004, Oregonians approved ballot Measure 37 by 61% to 39%. The measure answered the calls of...

The Intersection of Federal Law and Homeowners Association Regulations

Posted on May 21, 2009
According to fox news, "U.S. Rep. John Boccieri introduced a bill Thursday that would ban neighborhood or homeowners associations from restricting the flying of service flags." The full story is here. Al Brophy

Promotion of American Homeownership

Posted on May 20, 2009
At the City Journal, Steven Malanga has an excellent story on the history of government promotion of homeownership in America. A taste: In December, the New York Times published a 5,100-word article charging that the Bush administration?s housing policies had...

Lueck, Tennyson, and Geddes on Married Women's Property Acts

Posted on May 19, 2009
Dean Lueck (Arizona), Sharon L. Tennyson (Cornell), and Rick Geddes (Cornell) have posted Determination of the Dates of Passage of the Married Women's Property Acts and Earnings Acts on SSRN. Here's the abstract: The purpose of this document is to...

Craig on Western Public Trust Doctrines

Posted on May 19, 2009
Robin Kundis Craig (Florida State) has posted A Comparative Guide to the Western States' Public Trust Doctrines: Public Values, Private Rights, and the Evolution Toward an Ecological Public Trust. Here's the abstract: This companion article to the Fall 2007 A...

Save the Date and Call For Papers -- First Meeting of the Association for Law, Property, and Society (ALPS)

Posted on May 14, 2009
Robin Paul Malloy (Syracuse) is organizing a new organization for property scholars, the Association for Law, Property, and Society (ALPS). Here is the conference announcement and call for papers: The first ALPS annual meeting will be held March 5-6, 2010,...

Havard on Mt. Laurel and Land Banking

Posted on May 14, 2009
Cassandra Havard (Baltimore) has posted Public Land Banking and Mount Laurel II - Can There Be a Symbiotic Relationship? on SSRN. Here's the abstract: The story behind the litigation that produced two decisions in Southern Burlington County NAACP v. Township...

Merriam and Salkin on Sex Offender Residency Restrictions

Posted on May 13, 2009
Dwight H. Merriam (Robinson & Cole, LLP) and Patricia Salkin (Albany) have posted Residency Restrictions for Convicted Sex Offenders: A Popular Approach on Questionnable Footing on SSRN. Here's the abstract: Municipalities across the country are adopting residency restrictions prohibiting convicted...

Munzer and Raustiala on IP in Traditional Knowledge

Posted on May 13, 2009
Stephen R. Munzer and Kal Raustiala (UCLA) have posted The Uneasy Case for Intellectual Property Rights in Traditional Knowledge on SSRN. Here's the abstract: Should traditional knowledge - -the understanding or skill possessed by indigenous peoples pertaining to their culture...

Shackelford on DeSoto and Property Rights Formalization

Posted on May 12, 2009
Scott Shackelford (Stanford) has posted The Promise and Peril of Property Rights Formalization on SSRN. Here's the abstract: Free trade, free markets, and international investment are the paths to prosperity, but despite widespread adoption of these staples of the Washington...

National Park Service To Use Eminent Domain For Flight 93 Memorial

Posted on May 08, 2009
The AP reports that the National Park Service is going to use eminent domain to take land for the Flight 93 Memorial: In a statement obtained by The Associated Press, the park service said it had teamed up with a...

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