PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Thursday, April 26, 2007

Iglesias on Pluralist Housing Ethics

Tim Iglesias (University of San Francisco) has posted Our Pluralist Housing Ethics and the Struggle for Affordability on SSRN.  Here's the abstract:

Building on recent scholarship, this Article explores the five housing ethics that have historically shaped U.S. housing law and policy: (1) housing as an economic good, (2) housing as home, (3) housing as a human right, (4) housing as providing social order, and (5) housing as one land use in a functional system. The housing ethic framework brings all of America's housing law and policy under one conceptual roof. The Article
argues that each of these housing ethics is deeply embedded in American housing policy and law, and that none has ever achieved a complete hegemony, i.e., that coexistence and pluralism among the housing ethics is the norm. The Article examines the challenges and opportunities that our housing ethic pluralism presents to the affordable housing movement. It identifies the housing as one land use in a functional system ethic as the single most promising ethic to advance affordability.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 26, 2007 in Real Estate Transactions, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Korobkin on Buying and Selling Human Tissues

Russell B. Korobkin (UCLA) has posted Buying and Selling Human Tissues for Stem Cell Research on SSRN. Here's the abstract:

A series of expert committee reports and legislative proposals suggest an emerging consensus in the medical research and public policy communities that compensation of donors of tissues for stem cell and other biomedical research should be prohibited. Professor Korobkin challenges this consensus by outlining, analyzing, and ultimately rejecting, the leading arguments in favor of no compensation rules: that compensation is coercive, that it inappropriately commodifies the human body, that it will reduce the opportunity for altruistic donations, and that it will increase the cost of important medical research. He then evaluates second-best alternatives to allowing cash compensation for tissues and concludes by comparing the issues raised by compensation for research tissues with those raised by compensation for transplant organs.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 26, 2007 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (1)

Wednesday, April 25, 2007

Webb, Beuermann, and Revilla on Squatters and Land Titling

Richard Webb (University of San Martín de Porres); Diether W. Beuermann (University of Maryland) and Carla Revilla (Universidad San Martin de Porres) have posted The Building Process of Property Rights: The Case of Urban Squatters in Peru on SSRN.  Here's the abstract:

Property rights in urban squatters have a diversity of origins, evolve gradually, and are greater than what is thought. As a consequence, the benefits of these rights are also generated in a partial and gradual fashion, as the consolidation of these rights evolves. This vision is based on empirical evidence detailed in the document, as well as on a review of the norms that rule these rights.

Based on this view, we assess the information disclosed by the Institute for Liberty and Democracy (ILD) on December 17, 2004. This information was referred to the economic effects of a massive land titling program carried out by the Peruvian Government during the 1990's. We show that the suggested economic benefits suffer from calculation and interpretation mistakes. In that way, it appears that there have been huge overestimations of the net benefits that could be attributable to this titling program.

We hope that this interpretation would provide a more realistic guide for the formalization and implementation of policies oriented towards property rights strengthening and urban poverty reduction.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 25, 2007 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (1)

Anderson on Oregon Zoning

Jerry L. Anderson (Drake University School of Law) has posted Zoning Bias II: A Study of Oregon's Zoning Commission Composition Restrictions on SSRN.  Here's the abstract:

This article summarizes an empirical survey of Oregon planning commissions, to determine whether Oregon's occupational restrictions on commission appointments are working. An earlier survey found that zoning boards in Iowa were heavily populated with white-collar occupations, with many having a direct or indirect connection to land development work. Oregon's occupational restrictions appear to have reduced the number of appointees who are tied to development, but the commissions are still skewed toward white-collar representation. The article concludes that legal restrictions should be tightened to achieve the goal of broader occupational distribution.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 25, 2007 in Land Use, Recent Scholarship | Permalink | Comments (0) | TrackBack (1)

Monday, April 23, 2007

Parisi on the Coase Theorem

Francesco Parisi (University of Minnesota) has posted Coase Theorem on SSRN.  Here's the abstract:

The Coase Theorem holds that, regardless of the initial allocation of property rights and choice of remedial protection, the market will determine ultimate allocations of legal entitlements, based on their relative value to different parties. Coase's assertion has occasioned intense debate. This article provides an intellectual history of Coase's fundamental theorem and surveys the legal and economic literature that has developed around it. It appraises the most notable attacks to the Coase Theorem, and examines its methodological implications and normative and practical significance in legal and policy settings.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 23, 2007 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Bartow on Naming Rights

Ann Bartow (University of South Carolina) has posted Trademarks of Privilege: Naming Rights and the Physical Public Domain on SSRN.  Here's the abstract:

This paper critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 23, 2007 in Intellectual Property, Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Oliveri on the FHA

Rigel Christine Oliveri (University of Missouri-Columbia) has posted Is Acquisition Everything? Protecting the Rights of Occupants Under the Fair Housing Act on SSRN.  Here's the abstract:

This Article addresses a recent trend among the federal courts to deny housing discrimination claims under the Fair Housing Act in cases where the plaintiff was an occupant of the housing at the time the discrimination occurred. Put another way, the courts have begun to read the FHA as protecting only the right to obtain housing, not the right to occupy that housing free of discrimination.

The trend began with a 2004 Seventh Circuit opinion authored by Judge Richard Posner in the case of Halprin v. The Prairie Single Family Homes. Halprin dismissed most of the claims of a Jewish couple who alleged that the President of their Homeowner's Association discriminated against them in a variety of ways. The sole reason for the dismissal was that the couple already owned their home and, according to Judge Posner, the FHA is concerned only with access to housing. Nearly a dozen federal courts have since followed suit.

This Article argues that Halprin was wrongly decided, and critiques the reasoning Judge Posner used to reach his conclusion. Next, the Article proposes a better method of determining how the Act should apply: specifically, that language in the FHA which limits the application of particular provisions to the "sale or rental of housing" is intended to refer to the relationship between the parties, and not to a particular point in time. This interpretation has the advantage of reaching not only landlords who discriminate against tenants, but also defendants such as Homeowner's Associations and municipalities, which are capable of discriminating against individuals who have purchased their homes.

Halprin's analysis will have potentially disastrous consequences for fair housing law, and it represents a departure from the manner in which remedial civil rights statutes have heretofore been interpreted. The Article concludes by situating Halprin within the broader debate between neoconservatives and Critical Race scholars about the proper aims of civil rights law in this "post civil rights" era.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 23, 2007 in Real Estate Transactions, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Lehavi on Mixing Property

Amnon Lehavi (Interdisciplinary Center Herzliyah - Radzyner School of Law ) has posted Mixing Property on SSRN.  Here's the abstract:

Mixed property regimes are on the rise in the United States and in many other countries throughout the world. Yet this fast-growing phenomenon currently lacks a broad-scale scholarly analysis aimed at extracting the shared theoretical principles of these intriguing property configurations. This Article offers an innovative analysis of the various types of mixed property regimes located along the sides of the private-common-public property triangle and within it. The Article re-conceptualizes the property formations of Public-Private Partnerships and Common Interest Communities, and identifies and analyzes phenomena such as the Israeli Renewing Kibbutz, various forms of public-common property mixtures (e.g., the management and maintenance of city-owned parks in New York City), and tri-layered regimes such as Community Land Trusts. In so doing, this Article offers a first of its kind, comprehensive taxonomy of mixed property regimes.

Although these different property patterns vary greatly in the way they create, allocate, and enforce entitlements and responsibilities among the relevant parties, this Article identifies a consolidated theoretical basis for mixed property regimes, pointing as well to the normative advantages that these hybrid forms may have over purer property regimes, thus significantly enriching the property landscape.

Ben Barros

[Comments are held for approval, so there will be some delay in posting]

April 23, 2007 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)