Michael Pollack | October 3, 2022 | Property
Below is the abstract for “Sidewalk Government,” available for download on SSRN. This Article is about one of the most used, least studied spaces in the country: the sidewalk. It is easy to think of the sidewalks simply as spaces for pedestrians, and that is exactly...
Julia D. Mahoney | September 2, 2022 | Property
Below is the abstract for “Cedar Point Nursery and the End of the New Deal Settlement,” available for download on SSRN. In Cedar Point Nursery v. Hassid, the United States Supreme Court ruled that a California state regulation granting labor organizations a limited...
Vanessa Casado Pérez | August 29, 2022 | Property
Below is the abstract for “Ownership Concentration: Lessons from Natural Resources,” available for download on SSRN. Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such...
Marc Lane Roark and Lorna Fox O'Mahony | August 19, 2022 | Property
Below is the abstract for “Comparative Property Law and the Pandemic: Vulnerability Theory and Resilient Property in an Age of Crises,” available for download on SSRN. Political and property crises present vital new questions for property theorists, and analyses of...
Megan Dingley | August 12, 2022 | Inside The ALI, Property
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...
Norman P. Ho | July 14, 2022 | Property
Below is the abstract for “A Defense of Horizontal Privity in American Property Law,” available for download on SSRN. Under the American common law of property, horizontal privity is required for covenants to run with the land – i.e., for covenants to bind future...
