Real Estate & Property Law

Moringiello on Virtual Worlds and Property Law

Posted on March 23, 2009
Juliet M. Moringiello (Widener) has posted What Virtual Worlds Can Do For Property Law on SSRN. Here's the abstract: This is an article about how disputes over virtual world items, such as virtual money, Second Life islands, and even "sex...

Lehavi on Global Land Law

Posted on March 23, 2009
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Global Law of the Land on SSRN. Here's the abstract: Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be...

Stern from Loyola-Chicago to Chicago Kent

Posted on March 23, 2009
PropertyProf Stephanie Stern is moving from Loyola-Chicago to Chicago Kent. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Miller on Copyright Originality

Posted on March 19, 2009
Joseph Scott Miller (Lewis & Clark) has posted Hoisting Originality on SSRN. Here's the abstract: Copyright's originality standard is ripe for reappraisal. Many have described how copyright exclusion claims now intrude into the everyday lives of ordinary folk - making...

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Parchomovsky and Stein on Originality in Copyright Law

Posted on March 19, 2009
Gideon Parchomovsky (Penn) and Alex Stein (Yale/Cardozo) have posted Originality on SSRN. Here's the abstract: In this Essay we introduce a model of copyright law that calibrates authors' rights and liabilities to the level of originality in their works...

Mossoff on Patent Anticommons

Posted on March 19, 2009
Adam Mossoff (George Mason) has posted A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket on SSRN. Here's the abstract: Scholarly interest in how anticommons theory applies to patents has skyrocketed since Professor Michael Heller...

Appel on Wilderness and the Judiciary

Posted on March 17, 2009
Peter A. Appel (Georgia) has posted Wilderness and the Judiciary on SSRN. Here's the abstract: This Article examines how the decisions of four land management agencies governing wilderness areas under the Wilderness Act fare in the federal courts. Agencies normally...

Fed Cir Decision in Rose Acre Farms

Posted on March 12, 2009
The Federal Circuit issued a decision in the long-running Rose Acre Farms case. Here are the first paragraphs: In 1992, Rose Acre Farms, Inc. (?Rose Acre?) filed the present action in the United States Court of Federal Claims, claiming that...

Blight and Foreclosures

Posted on March 11, 2009
This past weekend's NY Times Magazine had a great story about Cleveland's attempts to deal with the foreclosure crisis. On a related point, Slate has a slideshow on abandoned housing. The slideshow focuses on abandoned houses that are next to...

Circo on Sustainability and Property

Posted on March 11, 2009
Carl Circo (Arkansas) has posted Does Sustainability Require a New Theory of Property Rights? on SSRN. Here's the abstract:By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the...

Stenseth on Property Theory

Posted on March 11, 2009
Geir Stenseth (University of Oslo) has posted Current Empirical Premises to the Disclosure of the Secrets of Property in Law: A Foundation and a Guideline for Future Research on SSRN. Here's the abstract:This article presents an empirical legal study in...

Carpenter from Denver to University of Colorado

Posted on March 10, 2009
PropertyProf Kristen Carpenter is moving from U. Denver to the University of Colorado, Boulder. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Barros on Legal Questions for the Psychology of Home

Posted on March 06, 2009
I've posted Legal Questions for the Psychology of Home on SSRN. Here's the abstract:Intuitions often play a significant role in shaping debate about legal issues. This is particularly the case when homes and homeownership are involved, because the experience of...

Bell to San Diego

Posted on March 06, 2009
According to the good folks at the Faculty Lounge, Property Prof Avi Bell will be joining the faculty at the University of San Diego on a half-time basis. Ben Barros [Comments are held for approval, so there will be some...

Serkin on Existing Uses and the Limits of Land Use Regulation

Posted on March 06, 2009
Christopher Serkin (Brooklyn) has posted Existing Uses and the Limits of Land Use Regulations on SSRN. Here's the abstract:This Article identifies the various ways in which property law provides special protection for existing uses, explores the possible justifications for this...

Porat on Private Production of Public Goods

Posted on March 06, 2009
Ariel Porat (Tel Aviv University) has posted Private Production of Public Goods: Liability for Unrequested Benefits on SSRN. Here's the abstract:This paper explores why the law treats negative externalities (harms) and positive externalities (benefits) differently...

Osofsky on Local Scale and Greenhouse Gas Regulation

Posted on March 06, 2009
Hari M. Osofsky (Washington and Lee) has posted Scaling 'Local': The Implications of Greenhouse Gas Regulation in San Bernardino County on SSRN. Here's the abstract:This Essay analyzes local climate regulation in San Bernardino County as a window into the complexities...

Ryan on Federalism at the Cathedral

Posted on March 04, 2009

Tekle-Johnson on Sex Offenders and Land Use Controlls

Posted on March 04, 2009

Iglesias on Housing Paradigms

Posted on March 04, 2009

Strahilevitz on The Right to Abandon

Posted on March 03, 2009

Gold on A Property Theory of Contract

Posted on March 03, 2009

Fennell on Commons, Anticommons, Semicommons

Posted on March 03, 2009

Apartments and the Iconic White Picket Fence

Posted on March 03, 2009

Mercatus Center Publication on Land Assembly

Posted on March 03, 2009

Simmons on Property and Labor

Posted on March 03, 2009

Kelly on Marital Property

Posted on February 25, 2009
Alicia B. Kelly (Widener) has posted Money Matters in Marriage: Unmasking Interdependence in Ongoing Spousal Economic Relations on SSRN. Here's the abstract:This Article presents a rare exploration of the interactions among money, marriage and law while the relationship is ongoing...

Louisville Looking For Property Visitors

Posted on February 24, 2009
From the announcement:The University of Louisville School of Law anticipates hiring visitingprofessors, both entry-level and experienced, for the 2009-10 academic year.Our curricular needs may include (but are not limited to) civil procedure,torts, trusts and estates, property, legal writing, and other...

Treanor on Epstein's Supreme Neglect

Posted on February 19, 2009
William Michael Treanor (Fordham) has posted Supreme Neglect on SSRN. Here's the abstract:In Supreme Neglect, Professor Richard Epstein has produced a clear and elegant synthesis for the general reader of his lifetime of thinking about the Takings Clause and, more...

Sagalyn on Land Assembly

Posted on February 19, 2009
Lynne B. Sagalyn (Columbia Business School) has posted Land Assembly, Land Readjustment and Public/Private Redevelopment on SSRN. Here's the abstract:A firm premise of urban redevelopment is the need for public action to deal with the practical problems of urban land...

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