Property Posts
Research Directions for Historic Preservation Law
This chapter analyzes the status and promise of research about preservation laws, with the aim of inspiring additional inquiry.
Papering Over Place: When Land Becomes Asset Class
This piece analyzes the specific ways in which modern property rules are transforming land into an asset class to be monetized, capitalized, and exploited.
The Ascension of Indigenous Cultural Property Law
This Article shows a striking increase in the development of tribal cultural property laws as Indian tribes seek to advance human and cultural rights in innovative and inspired ways.
Oregon Land Use Law: Cases and Materials
Land use law is a staple in most law schools and in undergraduate and graduate planning programs throughout the United States. Inevitably, Oregon’s innovative and unique land use planning program is taught. This casebook is a tool for planning and law students taking these courses.
One Small Step for Native American Water Rights
This article was originally published on Reason.com on January 20, 2023.
January 2023 Council Meeting Updates
At its meeting on January 19 and 20, 2023, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.
Using Empirical Data on the Widowhood Effect to Optimize Simultaneous Death Law and Planning
This Article argues that both the default rules of simultaneous death and related legal practice ought to take into account well-established multi-disciplinary research on both the causes and the timing of deaths of spouses.
Public Ownership, Public Rights: Recreational Stream Access Decisions in the Mountain West
This article examines the Mountain West stream access cases, analyzes the key legal factors involved in these decisions, and concludes with brief observations on public waters and public uses.
Inheritance in an Unequal Age
In the last three decades, state legislatures have eliminated the Rule against Perpetuities, and now dynasty trusts can make carefully controlled payments to a trust settlor’s descendants for hundreds of years. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age. This Article draws a theoretical lesson from the Rule’s demise.
October 2022 Council Meeting Updates
At its meeting on October 20 and 21, 2022, the Council reviewed and discussed Council Drafts of five projects and approved drafts and portions of drafts as listed.