Ownership Concentration: Lessons from Natural Resources
This Essay suggests that where the concentration of land ownership is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting fisheries, mineral extraction, farmland, and the like that have proven a considerable success.
Expanding State Parent Registry Laws
This Article, using pronouncements by the Uniform Law Commissioners and The American Law Institute, explores parents registries, their variation and limitations, and provides suggestions on how to reform them to meet constitutional and public policy concerns.
Comparative Property Law and the Pandemic: Vulnerability Theory and Resilient Property in an Age of Crises
This Article examines the range of ways that governments adapted their approaches to property, housing, and homelessness during the pandemic.
Free Webinar on UCC And Digital Assets
The Uniform Law Commission will present a free one-hour webinar, entitled 2022 UCC Amendments Part I: Digital Assets, on August 31, at 1:00 p.m. ET.
Choice of Law for Immovable Property Issues: New Directions In The European Union And The United States
In both the European Union and the United States, it is a dynamic period for private international law regarding immovable property issues. The predominant approach has been that these issues are governed by the lex rei sitae. However, this article shows that on both sides of the Atlantic there is a trend toward reducing the scope of the lex rei sitae rule, exploring the reasons for and the challenges posed by this trend.
The Institute in the Courts: Supreme Court of Nevada Adopts Sections of Restatement of the Law Third, Property (Servitudes)
Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues concerning an association’s authority to enact rules regarding the restriction of individually owned property.”
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources.