Property Posts
Digitizing the Warranty of Habitability
The warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. This Article explores whether an affirmative use of the warranty, coupled with a new technology and community organizing approach, can improve tenant outcomes.
Property against Legality: Takings after Cedar Point
This Article uses a dramatic break in Takings jurisprudence, the Supreme Court’s June 2021 decision in Cedar Point Nursery v. Hassid, to closely scrutinize the relationship between legality and property rights.
Unmanned Aerial Vehicles and Civil Justice — Can Common Law Adjust to a Drone World?
The Law & Economics Center at George Mason University Scalia Law School recently held an event discussing the increasing use of drone technology and its intersection with the law.
Event: Unmanned Aerial Vehicles and Civil Justice — Can Common Law Adjust to a Drone World?
On Feb. 18, the Law & Economics Center at George Mason University Scalia Law School is hosting the free online event “Unmanned Aerial Vehicles and Civil Justice — Can Common Law Adjust to a Drone World?”
Zoning Reformed
The exposure of the weaknesses embedded in our system of public land use regulation during the crises of 2020 presents a unique and timely opportunity for serious consideration of major and minor adjustments to state statutes, local ordinances, and judicial decisions.
January 2022 Council Meeting Updates
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
Colorado Water Rights in the 2022 Legislative Session
The Colorado Sun has published an article discussing a new water bill in the state’s upcoming legislative session. The proposed bill seeks to prohibit speculation for pure financial gain.
Court Unanimously Favors Tennessee in Groundwater Dispute with Mississippi
Confirming expectations, the U.S. Supreme Court unanimously denied Mississippi’s claim that Tennessee is stealing its groundwater.
October 2021 Council Meeting Updates
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
The Property Law of Tokens
In this Article, we take a more sober look at the tokenization phenomenon and, in doing so, describe what exactly it means when it comes to property rights. What can a purchaser of a token expect? How is a token actually connected to the underlying asset, if at all? What does the law—not the hype—have to say about it?