Maureen E. Brady | October 7, 2020 | Property
ABSTRACTAlthough one of the key questions in a federal system is how authority should be allocated between the state and national governments, property law has rarely generated serious controversy on this front. Instead, property entitlements and the rules governing...
Emily Benfer, David Bloom Robinson, Stacey Butler, Lavar Edmonds, Sam Gilman, Katherine Lucas McKay, Zach Neumann, Lisa Owens, Neil Steinkamp and Diane Yentel | September 24, 2020 | Property
This article was originally published by The Aspen Institute on Aug. 7, 2020. The following is an excerpt. The United States may be facing the most severe housing crisis in its history. According to the latest analysis of weekly US Census data, as federal, state, and...
Shai Stern | August 6, 2020 | Property
ABSTRACTThe COVID-19 pandemic led all states to issue regulations aiming to limit the spread of the coronavirus and reduce morbidity and mortality. Alongside the impediments that the “stay at home” and social distancing regulations imposed on citizens’ freedom of...
Sarah Schindler and Kellen Zale | July 31, 2020 | Property
ABSTRACTIn the wake of the COVID-19 pandemic, all levels of government are considering how to protect public health by keeping people in their homes, even if they can no longer afford their monthly mortgage or rent payments. The protections that have emerged thus far...
Lauren Klosinski | July 15, 2020 | Property
ABSTRACTThis Special Alert for Powell on Real Property looks at governmental measures, enacted on an emergency basis, regarding real property during the COVID-19 pandemic — especially moratoria on residential evictions and foreclosures. The Alert uses examples of...
Megan Dingley | June 17, 2020 | Property
In a recent U.S. Supreme Court decision, United States Forest Service v. Cowpasture River Preservation Ass’n, Nos. 18-1584 and 18-1587 (June 15, 2020), Associate Justice Clarence Thomas, writing for the Court, cited Restatement of the Law, Property § 450.These...
