PropertyProf Blog

CFP: Property Rights and Human Rights: New Possibilities in an Age of Inequality

Monash University Law Chambers, Melbourne, Australia: August 9-10 2018

Call for Papers 

The Monash University Centre for Commercial Law and Regulatory Studies, and the Castan Centre for Human Rights Law, are hosting a conference on Property Rights and Human Rights: New Possibilities in an Age of Inequality on August 9-10, 2018.

The debate on property rights and human rights has renewed relevance as a result of global inequality, mass movements of people, and modern forms of slavery. While the underlying issue remains tensions between the distributional consequences of property and property as a source of freedom from interference, the context has shifted from protection against arbitrary state takings to the emancipatory possibilities (and limitations) of property for people often excluded by the state, including refugees and the internally displaced, ethnic minorities and indigenous peoples, victims of human trafficking, farmers and forest-dwellers, and households subject to disability or extreme poverty.

Recent scholarly responses to the new contexts of property have moved from libertarian conceptions, which focus on safeguards against the state, to progressive accounts that incorporate social obligations, and respect for interpersonal relationships, into the definition of property itself. A common thread for progressive accounts is the re-emergence of natural law conceptions, which bypass the state as a source of real or intellectual property rights, and re-configure property to enhance compatibility with human rights, including international human rights law. However, residual issues remain as to competing “essentialist” perspectives on property law, including the status of private rights to exclude, and the role of the state as a source of freehold or monopoly rights. This conference explores the new possibilities of property rights and human rights in an age of inequality with reference to the following topics:

• Property and distributive justice.
• Property, sovereignty and poverty.
• Property and human trafficking.
• Property, disability and discrimination.
• Property and indigeneity.
• Land grabs and international human rights law.

Confirmed speakers include

• Gregory Alexander, A. Robert Noll Professor of Law, Cornell University;
• Robin Paul Malloy, E.I. White Chair and Distinguished Professor of Law, Syracuse University; and
• Hanoch Dagan, Stewart and Judy Colton Professor of Legal Theory and Innovation, Tel-Aviv University.

Important Dates and Details

Deadline for Abstracts: 20 March 2018

Submit abstract here.

Announcement of Accepted Abstracts: 30 March 2018

Deadline for Full Text Papers: 15 July 2018

Dates of Conference: 9-10 August 2018

Refer to the conference website for more information and to register for the conference 

Fees:

• Early registration $200 AUD (closes30 March 2018.)
• Full registration rate $250AUD (closes 15^th July, 2018)
• Students (JD, PhD, SJD or other program) is $80AUD (closes 15^th July, 2018).

Mulvaney on Non-Enforcement and the Takings Clause

Tim Mulvaney (Texas A&M) has posted Non-Enforcement Takings (Boston College Law Review) on SSRN. Here's the abstract:

The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution’s Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same “fairness and justice” grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly entitled to the Takings Clause’s constitutional remedy. Rather, it simply suggests that courts should resist the temptation to formulaically and categorically prohibit non-enforcement takings claims in favor of assessing those claims on the merits.

NEW BOOK: Land Registration Law Reform in England and Wales

There's a new book out by Hart Publishing and edited by Amy Goymour, Stephen Watterson, and Martin Dixon titled New Perspectives on Land Registration. Judging from the table of contents, the work looks like quite a fascinating read--particularly for those interested in the role that information and registration play in the allocation of property rights. Here's a short summary of the title:

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention.

In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

And here's the table of contents:

PART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS

A (Former) Law Reformer's Perspective: Reforming the LRA 2002-Catalysts and Questions
Elizabeth Cooke
2. The Land Registry's Perspective: The Practical Challenges of Land Registration
John Pownall and Richard Hill
3. The Land Registration Jurisdiction: An Analysis of the First Twelve Years
Edward Cousins
4. A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform
Pamela O'Connor

PART II: CONTEMPORARY PROBLEMS AND SOLUTIONS

A. THE NATURE OF REGISTERED TITLE
5. Adverse Possession Under the LRA 2002
Owen Rhys
6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002
Amy Goymour and Robin Hickey
B. ALTERATION AND INDEMNITY
7. Guaranteed Title: No Title, Guaranteed
Emma Lees
8. Can Rectification be Retrospective?
Charles Harpum
9. Assessing Rectifi cation and Indemnity: After Gold Harp and Swift 1st
Roger Smith
10. De-throning King Midas: The New Law of Land Registration in Scotland
Kenneth GC Reid
11. Lack of Proper Care
Simon Cooper
12. Reforming the Indemnity Scheme
Nicholas Hopkins
C. PRIORITIES BETWEEN COMPETING INTERESTS
13. Priority Contests Involving Registered Titles
Martin Dixon
14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket
Stephen Watterson
D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW
15. A Tale of Three Promises: Setting the Scene
Stephen Watterson and Amy Goymour
16. A Tale of Three Promises: (1) The Title Promise
Stephen Watterson and Amy Goymour
17. A Tale of Three Promises: (2) The Priority Promise
Stephen Watterson and Amy Goymour
18. A Tale of Three Promises: (3) The Empowerment Promise
Stephen Watterson and Amy Goymour
E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY
19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet
Emma Waring
20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes-Australasian Thoughts
Rod Thomas, Rouhshi Low and Lynden Griggs

Kreiczer-Levy on the Sharing Economy

Shelly Kreiczer-Levy (College of Law & Business: Ramat-Gan) has posted Share, Own, Access (Yale Law & Policy Review) on SSRN. Here's the abstract:

Millennials are losing interest in ownership. They prefer to access property when needed on a casual, short-term basis. Prompted by the sharing economy, online platforms, and ethical consumerism, access presents a radical alternative to established property forms. This type of property use is popular among younger, technology-savvy generations. It prioritizes use, flexibility, and mobility over the control, stability, and attachment that is associated with traditional property forms. Despite its recent prominence, access has remained surprisingly undertheorized, especially from a property perspective. This Article fleshes out the normative values and the concerns ingrained in this emerging property form. In addition, it critically evaluates the legal and regulatory response to access. It argues that the law continues to steer users towards ownership or other forms of long-term possession, significantly limiting the option of access. Accordingly, it calls for reevaluating insurance, tax, zoning, and anti-discrimination laws.

JOB ANNOUNCEMENT: Two Positions with NYU's Furman Center

Courtesy of John Infranca (Suffolk), please spread the word about these two exciting opportunities available at New York University's Furman Center for Real Estate and Urban Policy:

NYU Furman Center (New York, NY)

LEGAL RESEARCH FELLOW

The Furman Center for Real Estate and Urban Policy at New York University invites applications for a post-graduate legal fellowship. The Furman Center, jointly housed at NYU’s School of Law and its Wagner Graduate School of Public Service, is a leading academic research center devoted to the public policy aspects of land use, real estate development, and housing. The Furman Center’s law fellowships are designed for promising legal scholars with a strong interest in housing, local government, real estate, or land use law. The Fellow’s time is shared equally between independent research on topics of his or her choice in preparation to enter the academic job market, and Furman Center research projects, conducted jointly with faculty members, graduate students, and staff. In recent years, legal fellows have worked on projects addressing the legal impediments to the development of micro and accessory dwelling units in New York and other cities; an empirical and legal analysis of the use of transferable development rights in New York City; the economics and legal issues surrounding mandatory inclusionary zoning; and a number of projects addressing fair housing requirements. The Law Fellow is invited to participate in faculty workshops, colloquia, and other scholarly forums at the NYU School of Law. This two-year fellowship typically begins summer/fall. The position comes with a salary and a generous array of benefits, which include medical, dental and vision.  Further information regarding benefits can be found here: http://www.nyu.edu/employees/benefit/full-time/Professional-Research-Staff-Code-103.html. Note that this position is considered a Research Scholar at NYU School of Law.

Qualifications:  A J.D. degree, superior academic achievement, excellent writing skills, initiative, and a demonstrated interest in and commitment to scholarship are required.

Applicants should submit a cover letter, curriculum vitae, scholarly writing sample, law school transcripts (unofficial copies are acceptable), and the names and contact information of 3 references. Send application materials and questions to [email protected]. Please include “Legal Research Fellowship” in the subject line. Applications will be given consideration until the position is filled. Review of applications will begin immediately and will be evaluated on a rolling basis. Only candidates of interest will be contacted.

EOE/AA/Minorities/Females/Vet/Disabled/Sexual Orientation/Gender Identity.

NYU Furman Center (New York, NY)

POLICY DIRECTOR

The Policy Director leads the effort to link the NYU Furman Center’s research with policy-relevant issues, ongoing public debates, and key stakeholders. He or she also serves as a key point of contact for policymakers and other stakeholders who rely on the Center’s work. The Policy Director serves as a member of the NYU Furman Center’s leadership team.

Primary Responsibilities:

Research Development and Management

• Identify and monitor pressing policy discussions and debates--in New York City and nationally--to help shape the NYU Furman Center’s research agenda on affordable housing and urban policy issues.
• Write and edit NYU Furman Center reports, briefs, presentations, talking points, and other products focused on policy analysis and reform.
• Translate academic research--including the Center’s legal, data, and quantitative analysis--into materials accessible for non-academic audiences.
• Serve as project manager for select research and policy projects.
• Supervise and mentor policy staff and/or graduate student research assistants focused on the Center’s policy projects.

External Relations

• Help to elevate the profile of the NYU Furman Center as a leader in the housing policy field.
• Build and maintain relationships with public officials, private-sector stakeholders, and community groups, and solicit feedback to inform future research and policy work.
• Oversee the planning and execution of the Center’s key events, including policy breakfasts, webinar briefings, symposia, and roundtables.
• Represent the NYU Furman Center as a public-facing spokesperson for panels, presentations, and in the media.
• Participate in the development of research proposals and fundraising strategy in coordination with Directors.

Qualifications:  A J.D., master’s degree in Public Policy/Administration, or an advanced degree in an equivalent field. Minimum of five years of relevant experience preferred, including management experience and a concentration in at least one of the following areas: urban policy, affordable housing, land use, or real estate. Strong writing and communication skills and ability to present quantitative findings are required. The candidate should also have strong organizational, analytical, and project-management abilities; and be comfortable working on a team. Knowledge of federal, state, and municipal housing programs or land use strongly preferred.

The position comes with a salary and a generous array of benefits, which include medical, dental, and vision. Further information regarding benefits can be found here: http://www.nyu.edu/employees/benefit/full-time/Professional-Research-Staff-Code-103.html.

To Apply:  Applicants should submit a cover letter, resume, writing sample, law/grad school transcripts (unofficial copies are acceptable), and list of 3 references. Send application materials and questions to [email protected]. Please include “Policy Director Position” in the subject line. Review of applications will begin immediately. Only candidates of interest will be contacted.

EOE/AA/Minorities/Females/Vet/Disabled/Sexual Orientation/Gender Identity.