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...
Leslie Kendrick | July 5, 2022 | Property, Torts: Economic Harm
Below is the abstract for “The Perils and Promise of Public Nuisance,” available for download on SSRN. Public nuisance has lived many lives. A centuries-old doctrine defined as “an unreasonable interference with a right common to the general public,” it is currently...
Edward W. De Barbieri and Jordan Fruchter | May 27, 2022 | Property
Below is the abstract for “Digitizing the Warrant of Habitability,” available for download on SSRN. The warranty of habitability was touted fifty years ago as a gamechanger in rebalancing power between tenants and landlords. Under the warranty, a residential tenant’s...
John A. Lovett | July 9, 2021 | Property
John A. Lovett of Loyola University New Orleans College of Law has written “Restating the Law of Prescriptive Easements.” The following is the abstract. Prescriptive easements form an important but often overlooked building block in the architecture of...
John C.P. Goldberg, Henry E. Smith and Pauline Toboulidis | April 16, 2021 | Property
The following entry is excerpted from Tentative Draft No. 2 for Restatement of the Law Fourth, Property. Included below is the Topic Note to Trespass to Land, Generally; § 1.5. Intent Required for Trespass to Land, and Comment b. to § 1.5. The full draft contains...
