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PropertyprofBloghttp://feedburner.google.comDisclosure of Energy Star Data in Commercial Real Estate Transactionstag:typepad.com,2003:post-6a00d8341bfae553ef011571e63afc970b2009-07-09T12:12:58-04:002009-07-09T16:12:58Z2009-07-09T16:12:58ZAccording to an alert by some folks at Greenberg Traurig's land development group, California will soon require the disclosure of energy efficiency data in non-residential real estate transactions: On January 1, 2010, owners of non-residential buildings in California will be...propertyprofReal Estate TransactionsRevive INS v. AP to Save Newspapers?tag:typepad.com,2003:post-6a00d8341bfae553ef011570f182f6970c2009-07-09T12:04:32-04:002009-07-09T16:04:32Z2009-07-09T16:04:32ZFrom an Op-Ed in the Cleveland Plain Dealer: "If the copyright law doesn't open the way for originators of news to stop the free-riding, newspapers will die," he said. "No exceptions." The Marburgers propose a change in federal law that...propertyprofIntellectual PropertyRLUIPA and Eminent Domaintag:typepad.com,2003:post-6a00d8341bfae553ef011571e62dc6970b2009-07-09T11:58:17-04:002009-07-09T15:58:17Z2009-07-09T15:58:17ZOver at Prawfs, Nelson Tebbe has an interesting post on the impact of RLUIPA on takings of property owned by religious entities. The post is based on an article co-authored by Tebbe and Chris Serkin titled Condemning Religion: RLUIPA and...propertyprofLand UseRecent ScholarshipTakingsPossession in Property Law and Theorytag:typepad.com,2003:post-6a00d8341bfae553ef011570d51a2e970c2009-07-06T11:41:54-04:002009-07-06T15:41:54Z2009-07-06T15:41:54ZI'm presently working on a paper on possession. What follows is my current thinking on the different roles that possession plays in property law and theory. Comments of any sort would be very welcome. The idea of possession plays three...propertyprofProperty TheoryRecent ScholarshipWhat’s At Stake in Stop the Beach Renourishmenttag:typepad.com,2003:post-6a00d8341bfae553ef0115719aef03970b2009-07-01T17:26:38-04:002009-07-01T21:44:41Z2009-07-01T21:26:38ZAs I noted a couple of weeks ago, the Supreme Court recently granted cert in Stop the Beach Renourishment v. Florida Department of Environmental Protection. The cert petition presented three questions, but the case will likely center on the first:...propertyprofRecent CasesTakingsProperty in Raintag:typepad.com,2003:post-6a00d8341bfae553ef0115709d877b970c2009-06-30T14:36:32-04:002009-06-30T18:36:32Z2009-06-30T18:36:32ZYesterday's NY Times has a fun story about a change in Colorado law that now makes it permissible for owners to collect rain that falls on their property. A taste: For the first time since territorial days, rain will be...propertyprofNatural ResourcesThe Market in Human Eggstag:typepad.com,2003:post-6a00d8341bfae553ef01157093351e970c2009-06-29T14:14:58-04:002009-06-29T18:14:58Z2009-06-29T18:14:58ZOver at The Faculty Lounge, Kim Krawiec has a great post on New York's recent decision to allow (and cap) payments for human eggs used in research. This should be of interest to those who follow property-in-the-body debates. Ben Barros...propertyprofProperty TheoryBrown on the Race to Subprimetag:typepad.com,2003:post-6a00d8341bfae553ef011571871ab5970b2009-06-29T10:29:28-04:002009-06-29T14:32:07Z2009-06-29T14:29:28ZCarol Necole Brown (UNC - Chapel Hill) has posted Intent and Empirics: Race to the Subprime on SSRN. Here's the abstract: The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed...propertyprofReal Estate TransactionsRecent ScholarshipCollins on Eminent Domain, Home Rule and Retroactivitytag:typepad.com,2003:post-6a00d8341bfae553ef011571638f0e970b2009-06-26T11:57:46-04:002009-06-26T15:57:46Z2009-06-26T15:57:46ZRichard B. Collins (Colorado) has posted Telluride's Tale of Eminent Domain, Home Rule, and Retroactivity on SSRN. Here's the abstract: Telluride, Colorado, won an eminent domain battle with San Diego billionaire Neal Blue, but only after paying his price and...propertyprofRecent ScholarshipTakingsFraming in First-Year Propertytag:typepad.com,2003:post-684055412009-06-23T10:44:54-04:002009-06-23T14:44:54Z2009-06-23T14:44:54ZI've been thinking about possession quite a bit lately, and this in turn has led me to think a bit about how we frame issues in the first-year property course. There are a number of issues where I (and I...propertyprofTeachingKatz on Abuse of Righttag:typepad.com,2003:post-683780112009-06-22T16:04:56-04:002009-06-22T20:04:56Z2009-06-22T20:04:56ZLarissa M. Katz (Queen's University - Faculty of Law) has posted A Jurisdictional Principle of Abuse of Right on SSRN. Here's the abstract: A principle of abuse of right means that an owner’s reasons for action, and not just the...propertyprofRecent ScholarshipLavine and Salkin on Religious Exercise and Community Planningtag:typepad.com,2003:post-683779132009-06-22T16:02:34-04:002009-06-22T20:02:34Z2009-06-22T20:02:34ZAmy Lavine and Patricia Salkin (Albany) have posted God and the Land: A Holy War Between Religious Exercise and Community Planning and Development on SSRN. Here's the abstract: This article is a brief introduction to The Albany Government Law Review...propertyprofLand UseRecent ScholarshipEllickson on Federalism, Kelo, and Epsteintag:typepad.com,2003:post-682820192009-06-19T10:36:47-04:002009-06-19T14:36:47Z2009-06-19T14:36:47ZRobert C. Ellickson (Yale) has posted Federalism and Kelo: A Question for Richard Epstein on SSRN. Here's the abstract: The irrepressible Richard Epstein has been one of the most provocative and wide-ranging of contemporary legal scholars. According to Epstein’s own...propertyprofKatz on Red Tape and Gridlocktag:typepad.com,2003:post-682819052009-06-19T10:34:11-04:002009-06-19T14:34:11Z2009-06-19T14:34:11ZLarissa M. Katz (Queen's University - Faculty of Law) has posted Red Tape and Gridlock on SSRN. Here's the abstract: This paper concerns the role of property theory in explaining why so many people around the world control their assets...propertyprofProperty TheoryRecent ScholarshipA Statement of Progressive Propertytag:typepad.com,2003:post-682016392009-06-17T10:11:39-04:002009-06-17T14:11:39Z2009-06-17T14:11:39ZGregory S. Alexander (Cornell); Eduardo M. Penalver (Cornell); Joseph William Singer (Harvard); and Laura Underkuffler (Cornell) have posted A Statement of Progressive Property on SSRN. Here's the abstract: What would a progressive theory of property look like? Although such a...propertyprofProperty TheoryRecent ScholarshipDana on Foreclosure and Fragmentationtag:typepad.com,2003:post-682015492009-06-17T10:08:22-04:002009-06-17T14:08:22Z2009-06-17T14:08:22ZDavid A. Dana (Northwestern) has posted The Foreclosure Crisis and the Anti-Fragmentation Principle in State Property Law on SSRN. Here's the abstract: Secured credit in homes has been divided and over-divided and spun into so many separate interests that economically...propertyprofReal Estate TransactionsRecent ScholarshipSupreme Court Grants Cert on Regulatory Takings Casetag:typepad.com,2003:post-681272372009-06-15T12:00:22-04:002009-06-15T18:04:50Z2009-06-15T16:00:22ZThe Supreme Court today granted cert in Stop the Beach Renourishment v. Florida Department of Environmental Protection. (HT: Jonathan Adler at the VC). The Florida Supreme Court's decision is available here. Argh! My summer is already booked. I don't have...propertyprofTakingsSotomayor and Property Rightstag:typepad.com,2003:post-681225972009-06-15T10:37:23-04:002009-06-15T14:37:23Z2009-06-15T14:37:23ZToday's Times has an article on how property rights issues might come up in Judge Sotomayor's confirmation hearings. The article focuses on the Second Circuit's opinion in Didden v. Port Chester. The opinion was unsigned, but Judge Sotomayor was on...propertyprofTakingsPace Environmental Law Review Announces Goes to Peer-Reviewtag:typepad.com,2003:post-680662992009-06-13T09:53:55-04:002009-06-13T13:53:55Z2009-06-13T13:53:55ZI just got this announcement, which will be of interest to readers who publish in topics related to environmental law: Established in 1982, PELR was one of the first scholarly environmental law journals. As of August 1, 2009, Pace Environmental...propertyprofRecent ScholarshipCornell Law Review on Progressive Propertytag:typepad.com,2003:post-679600792009-06-10T17:51:14-04:002009-06-10T22:00:36Z2009-06-10T21:51:14ZThe Cornell Law Review has a major symposium on "progressive property." It begins with a joint statement by Greg Alexander, Eduardo M. Penalver, Joseph William Singer, and Laura S. Underkuffler. Then follow articles on The Social-Obligation Norm in American Property...propertyprof