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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

AALS Donative Transfers Section Panel

Posted on September 21, 2008
The Wills, Trusts and Estates blog has a post about the Donative transfers section panel, which may be of interests to many propertyprofs. Info on the Property section panels will come in a future post. Ben Barros [Comments are held...

Deng on Post-Disaster Reconficuration of Property Rights

Posted on September 19, 2008
Feng Deng (Chongqing University) has posted Post-Disaster Reconfiguration of Property Rights: The Case of Wenchuan Earthquake on SSRN. Here's the abstract: This paper draws on the ongoing reconstruction in Wenchuan Earthquake areas and studies how a new world of private...

Prefabricated Modern Houses

Posted on September 16, 2008
Longtime readers of propertyprof may recall my love affair with modernist housing. Thanks to the New York Times' article "Housing the Universe" for pointing me towards this website for prefabricated modern houses from IKEA and this one for homes from...

Chouinard and Steinhoff on Split-Estate Negotiations

Posted on September 16, 2008
The most recent issue of the Review of Law & Economics has an article by Hayley H. Chouinard and Christina Steinhoff (Washington State) called Split-Estate Negotiations: The Case of Coal-Bed Methane. Here's the abstract: Coal-bed methane is an emerging contributor...

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Coke Zero's "Lawsuit" and the Similiar Property Theory?!

Posted on September 14, 2008
On the way back home from California, I watched a ton of television. In fact, it's been years since I watched an entire afternoon of television; but, hey, the television was right in front of me and I was too...

Berkeley Tree Protest

Posted on September 14, 2008
I'm just back from Berkeley--my first visit to that town. Pretty exciting for this legal historian to see a place that looms so large in recent history--and because I'm increasingly interested in the legal rules regarding parks and trees. Berkeley's....

Conference: Hawai?i State Historic Preservation Laws: Reclaiming the Past, Shaping the Future

Posted on September 14, 2008
Sometimes visitor here at propertyprof Carl Christensen reports that the University of Hawaii's William S. Richardson School of Law is hosting a conference on "Hawai?i State Historic Preservation Laws: Reclaiming the Past, Shaping the Future" on September 27...

Tate on Taxation of Posmortem Publicity Rights

Posted on September 12, 2008
A while ago, I noted an interesting article by Gans, Crawford & Blattmachr on the tax treatment of rights of publicity. Josh Tate (SMU) has now posted a response titled Marilyn Monroe?s Legacy: Taxation of Postmortem Publicity Rights. Here's his...

Call For Submissions - AALS Property Law Section Junior Scholars Works-In-Progress Panel

Posted on September 11, 2008
The AALS Property Law Section invites junior property scholars to submit works in progress for a junior scholars panel at the upcoming AALS Annual Meeting in San Diego. The panel will take place on Friday, January 9, from 8:30 a.m....

Atuahene on Property Rights and Past Theft

Posted on September 10, 2008
Bernadette Atuahene (Chicago-Kent) has posted Things Fall Apart: The Illegitimacy of Property Rights in the Context of Past Theft on SSRN. Here's the abstract: In many states, past property theft is a volatile political issue that threatens to destabilize nascent...

Call for Papers: Property Ownership and Economic Stability: A Necessary Relationship

Posted on September 08, 2008
The editors of the Saint Louis University Public Law Review sent along this interesting call for papers: The Saint Louis University Public Law Review invites abstracts of articles relating to its Spring 2009 symposium theme: Property Ownership and Economic Stability:...

The Latest Twist on Adult Zoning

Posted on September 05, 2008
From the NY Times: Two years ago, Ms. Babines, who does computer programming and business analysis in her day job, began offering instruction in pole dancing, power lap dancing, salsa and other forms of dance and fitness, in peoples? homes...

Info on GELPI Takings Conference

Posted on September 03, 2008
This year's GELPI Takings Conference will be held at Stanford Law School on November 6-7. The brochure is now available online. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Harding on Perpetual Property

Posted on September 03, 2008
Sarah Harding (Chicago Kent) has posted Perpetual Property on SSRN. Here's the abstract: This paper explores the emergence of perpetual property in a number of discrete areas of property law: the longevity of servitudes in historic and environmental preservation, the...

Kent on Constitutional Property

Posted on September 03, 2008
Michael B. Kent Jr. (John Marshall Atlanta) has posted From 'Preferred Position' to 'Poor Relation': History, Wilkie v. Robbins, and the Status of Property Rights Under the Takings Clause on SSRN. Here's the abstract: This article discusses the status of...

Lehavi on Globalization of Land Laws

Posted on September 01, 2008
Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law) has posted The Universal Law of the Land on SSRN. Here's the abstract: Are we witnessing the gradual globalization of national land laws, which have traditionally been considered to be...

Daniels on "Revitalizing Zion: Nineteenth-Century Mormonism and Today's Urban Sprawl"

Posted on September 01, 2008
This is a topic about which I know much less that I ought to--and a mighty interesting paper, as well. Professor Brigham Daniels of the University of Houston Law Center has just posted "Revitalizing Zion: Nineteenth-Century Mormonism and Today's Urban...

Somin on Constitutional Property Rights

Posted on August 28, 2008
Ilya Somin (George Mason) has posted Taking Property Rights Seriously? The Supreme Court and the 'Poor Relation' of Constitutional Law on SSRN. Here's the abstract: Over the last twenty-five years, the Supreme Court has expanded protection for constitutional property rights...

Higgins on Legal Impact of Sea Level Rise

Posted on August 28, 2008
Megan E. Higgins (Roger Williams) has posted Sea Level Rise Impacts on Beaches and Coastal Property on SSRN. Here's the abstract: The causes of sea level rise; the impacts to beaches and coastal property; state responses to changes in sea...

Smith from Yale to Harvard

Posted on August 28, 2008
Brian Leiter reports that Henry Smith is moving from Yale to Harvard. Ben Barros [Comments are held for approval, so there will be some delay in posting]

Fernandez on Pierson v. Post

Posted on August 27, 2008
Angela Fernandez (U. Toronto) has posted The Lost Record of Pierson v. Post, the Famous Fox Case on SSRN. Here's the abstract: Pierson v. Post, the famous fox case, has been reproduced in countless law school casebooks and written about...

Historic Preservation of Brutalist Architecture, With a Bonus RLUIPA Angle!

Posted on August 27, 2008
NPR has a great story about controversies arising out of the landmarking of a D.C. church that is an important example of Brutalist architecture. An excerpt: In Washington, D.C., about two blocks from the White House, there's a Christian Science...

Barros on Toward A Model Law of Estates and Future Interests

Posted on August 24, 2008
I've posted my most recent article, Toward a Model Law of Estates and Future Interests, on SSRN. Here's the abstract: The American law of estates and future interests is tremendously complex. This complexity is unjustifiable because it serves no modern...

Lovett on Comparisons Between Scottish and American Land Use

Posted on August 21, 2008
John A. Lovett (Loyola New Orleans) has posted Meditations on Strathclyde: Controlling Private Land use Restrictions at the Crossroads of Legal Systems on SSRN. Here's the abstract: This article presents a comparative study of a pivotal case decided by the...

Chang on Takings Compensation

Posted on August 21, 2008
Yun-Chien Chang (NYU) has posted A Framework of Takings Compensation Assessment on SSRN. Here's the abstract: The mainstream literature discusses only the design that the government assesses property value for takings compensation ex post. A few papers propose to let...

I Love My Job

Posted on August 20, 2008
First day of Property today. Pierson v. Post, Popov v. Hayashi, and Armory v. Delamirie in a 2-hour block. This is an awesome job. Now if I could only get someone to grade my exams . . . Ben Barros...

Mossoff on Patents as Property

Posted on August 20, 2008
Adam Mossoff (George Mason) has posted Patents as Property: Conceptualizing the Exclusive Right(s) in Patent Law on SSRN. Here's the abstract: The conventional wisdom is that the definition of patents as property has been long settled - patents secure only...

Fort on Laches and Native American Land Title

Posted on August 19, 2008
Kathryn Fort (Michigan State) has posted The New Laches: Creating Title Where None Existed on SSRN. Here's the abstract: Tribal land claims are facing a new challenge from an old area of law. Courts have been paying special attention to...

Ellickson on Government Mixed-Income Housing Subsidies

Posted on August 18, 2008
Robert C. Ellickson (Yale) has posted The Mediocrity of Government Subsidies to Mixed-Income Housing Projects on SSRN. Here's the abstract: Since the 1970s a new vehicle for the provision of housing assistance--the mixed-income, or inclusionary, project - has flowered in...

Carpenter, Katyal and Riley In Defense of Property

Posted on August 18, 2008
Kristen A. Carpenter (Denver); Sonia Katyal (Fordham) and Angela Riley (UCLA) have posted In Defense of Property on SSRN. Here's the abstract: This Article advances a comprehensive theory to explain and defend the emergence of indigenous cultural property claims...

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