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...
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...
