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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

Lebovits on New York Residential Landlord-Tenant Law and Procedure

Posted on February 19, 2009
Gerald Lebovits (St. John's) has posted New York Residential Landlord-Tenant Law and Procedure on SSRN. Here's the abstract: This book chapter, also published separately as a book/monograph, addresses residential landlord-tenant law, practice, and procedure in New York State...

Ferreira et al on Hosing Busts and Household Mobility

Posted on February 18, 2009
Fernando V. Ferreira (Wharton), Joseph Gyourko (Wharton), and Joseph S. Tracy (Federal Reserve Bank of New York) have posted Housing Busts and Household Mobility on SSRN. Here's the abstract: Using two decades of American Housing Survey data from 1985 to...

Rappaport on Originalism and Regulatory Takings

Posted on February 18, 2009
Michael B. Rappaport (San Diego) has posted Originalism and Regulatory Takings: Why the Fifth Amendment May Not Protect Against Regulatory Takings, But the Fourteenth Amendment May on SSRN. Here's the abstract:This articles explores the widely disputed issue of whether Takings...

Takings Under the Fifth And Fourteenth Amendments

Posted on February 18, 2009
Over at the VC, Jonathan Adler has an interesting post on takings and incorporation, drawing on Michael Rappaport's article mentioned in the post above. Ben Barros [Comments are held for approval, so there will be some delay in posting]

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Salsich on Diversity in Housing

Posted on February 13, 2009
Peter W. Salsich (Saint Louis Univ.) has posted Toward a Policy of Heterogeneity: Overcoming a Long History of Socioeconomic Segregation in Housing on SSRN. Here's the abstract:This article focuses on the exclusionary effects of land use regulation on housing availability...

Boudreaux on Property and Development Policy

Posted on February 13, 2009
Karol Boudreaux (George Mason - Mercatus Center) has posted The Role of Property Rights as an Institution: Implications for Development Policy on SSRN. Here's the abstract:There is a very real risk that reforms enacted in the name of property rights....

Hernando de Soto and Property in a Market Economy - Podcast

Posted on February 11, 2009
The podcast of the Property Section panel from last month's meeting in San Diego is now online. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Davidson on Property and Relative Status

Posted on February 09, 2009
Nestor M. Davidson (Colorado) has posted Property and Relative Status on SSRN. Here's the abstract:Property does many things - it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities...

Schultz on Live Performance and IP

Posted on February 09, 2009
Mark F. Schultz (Southern Illinois) has posted Live Performance, Copyright, and the Future of the Music Business on SSRN. Here's the abstract:This article considers whether the emergence of business models based on free digital delivery of music and other content...

Murray on Private Management of Public Spaces

Posted on February 09, 2009
Michael F. Murray (Yale) has posted Private Management of Public Spaces: Nonprofit Organizations and Urban Parks on SSRN. Here's the abstract:This paper argues that a theoretical account of the formation and operation of the nonprofit organizations (NPOs) that increasingly manage...

Munzer on Community Biotechnological Assets

Posted on February 09, 2009
Stephen R. Munzer (UCLA) has posted Commons, Anticommons and Community in Biotechnological Assets on SSRN. Here's the abstract:I argue for three theses: T1 - It is possible to use access to scientific knowledge to reinforce existing scientific communities and sometimes...

Villazor from SMU to Hofstra

Posted on February 07, 2009
Propertyprof Rose Cuison Villazor is moving from SMU to Hofstra. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Claeys Reviews Merrill & Smith

Posted on February 07, 2009
Eric Claeys (George Mason) has posted Property 101: Is Property a Thing or a Bundle? on SSRN. Here's the abstract:This Review Essay reviews Property: Principles and Policies (2007), by Thomas W. Merrill and Henry E. Smith, focusing particularly on its...

Tate on Publicity Rights, Taxation, and the Power of Testation

Posted on February 07, 2009
Joshua C. Tate (SMU) has posted Immortal Fame: Publicity Rights, Taxation, and the Power of Testation on SSRN. Here's the abstract:Publicity rights, or the rights to the use of one's image and likeness, are a relatively recent form of property....

Malloy on DeSoto

Posted on February 07, 2009
Robin Paul Malloy (Syracuse) has posted The Mystery of Capital and Inequality of Outcome in Formal Porperty Ownership on SSRN. Here's the abstract:Hernando DeSoto has argued that economic development is linked to creating accessible representations of property so that more...

Schmudde on the Subprime Mess

Posted on February 07, 2009
David Schmudde (Fordham) has posted Responding to the Subprime Mess: The New Regulatory Landscape on SSRN. Here's the abstract:An era of unregulated financial markets has resulted in a global financial disaster the likes of which has never before been seen...

Suk on Taking the Home

Posted on February 06, 2009
Jeannie Suk (Harvard) has posted Taking the Home on SSRN. Here's the abstract:This essay juxtaposes two Supreme Court cases, Kelo v. City of New London, and Town of Castle Rock v. Gonzales. Both reflect on the meanings of home as...

Sisk on The Unconstitutionality of State-Sanctioned Trespass

Posted on February 06, 2009
Gregory C. Sisk (St. Thomas - Minnesota) Returning to the PruneYard: The Unconstitutionality of State-Sanctioned Trespass in the Name of Speech on SSRN. Here's the abstract:In PruneYard Shopping Center v. Robins, the United States Supreme Court held that the owner...

Blumenthal on A Psychological Perspective on Property Law

Posted on February 06, 2009
Jeremy A. Blumenthal (Syracuse) has posted "To Be Human": A Psychological Perspective on Property Law on SSRN. Here's the abstract:The psycholegal study of property law, theory, and doctrine is a new and developing topic area. As one Article in a...

Kettles on Day Labor Markets and Public Space

Posted on February 06, 2009
Gregg W. Kettles (Loyola Law School - Los Angeles) has posted Day Labor Markets and Public Space on SSRN. Here's the abstract:Day laborers standing on street corners have become a more common, and more controversial, sight in many U.S. cities....

Levitin on Modification of Mortgages in Bankruptcy

Posted on February 06, 2009
Adam Levitin (Georgetown) has posted Helping Homeowners: Modification of Mortgages in Bankruptcy on SSRN. Here's the abstract:This short essay sets forth the case for permitting modification of all residential mortgages in bankruptcy as an important step in easing the foreclosure...

AALS Property Section -- Call for Papers

Posted on February 03, 2009
The Property and Taxation Sections of the AALS are seeking to co-sponsor a half day session at the annual AALS meeting next year (January, 2010) in New Orleans. If you are working on the intersection of these two areas of...

Sports Stadium Leases

Posted on February 01, 2009
The recent controversy over attempts by Kansas City to pry (some might say steal) the New York Islanders NFL hockey team from the Nassau County Coliseum has got me collecting stories about teams that have bought their way of our...

McLaughlin and Weeks on Conservation Easements

Posted on January 30, 2009
Nancy A. McLaughlin (Utah) and W. William Weeks (Indiana) have posted In Defense of Conservation Easements: A Response to 'The End of Perpetuity' on SSRN. Here's the abstract: This article critiques the arguments offered in favor of treating donated conservation...

Sagalyn on Kelo and Public Opinion

Posted on January 30, 2009
Lynne B. Sagalyn (Columbia Business School) has posted Positioning Politics: Kelo, Eminent Domain, and the Press on SSRN. Here's the abstract: This paper explores the politics of the Kelo backlash by analyzing the content of public opinion published in editorials,...

Colburn on Constitutional Property and Future Generations

Posted on January 30, 2009
Jamison E. Colburn (Penn State) has posted Splitting the Atom of Property: Rights Experimentalism as Obligation to Future Generations on SSRN. Here's the abstract: Property is surely among the U.S. Constitution's principal objects of protection. As a right, though, property...

LaCroix on Land Use and Climate Change

Posted on January 30, 2009
Catherine J. LaCroix (Case Western) has posted Land Use and Climate Change: Is it Time for a National Land Use Policy? on SSRN. Here's the abstract: During the past few years it has become apparent that the challenge of climate...

Parchomovsky and Stein on Reconceptualizing Trespass

Posted on January 29, 2009
Gideon Parchomovsky (U. Penn) and Alex Stein (Yale and Cardozo) have posted Reconceptualizing Trespass on SSRN. Here's the abstract: This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the paradigmatic example of property-rule protection: an...

Serkin and Tebbe on RLUIPA and Eminent Domain

Posted on January 29, 2009
Christopher Serkin and Nelson Tebbe (Brooklyn) have posted Condemning Religion: The Political Economy of RLUIPA on SSRN. Here's the abstract: Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons...

Blackman on Class Actions and Eminent Domain

Posted on January 29, 2009
Josh Blackman (George Mason) has posted Taking the Home of a Class of One and the Path of Least Resistance: How the Equal Protection Clause and Village of Willowbrook V. Olech Can Protect Homeowners from Eminent Domain Abuse on SSRN....

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