PropertyProf Blog

Introduction

Hello All,

Steve's introduction probably says it all, though it should have been "Australasian law journals (mostly NZ really)".

My recent work has appeared (or is forthcoming) in a balance of professional and academic journals - first point of comparison: New Zealand essentially doesn't have student-edited law reviews.  There are what you might call "bar journals" (mostly for the profession) and "refereed journals" (which are refereed, generally on a blind peer-review basis).  Some journals are student-edited in the sense of citation-checking, etc, but most publication decisions are made by faculty members. 

My forthcoming academic articles are on "property rights in resource consents: some thoughts from law and economics" and a "response" article on issues with remedial schemes for leaky buildings, taking into account ideas from gridlock and the role of morale in property rights.  Professional articles have been on body corporate AGM's (governance of common interest communities, sort of), and management agreements for bodies corporate (management of common interest communities, sort of).

My interest in unit titles deserves a bit of an introduction.  These are called "strata titles" in Australia, and the nearest US comparison is probably with condominiums, but NZ law has become particularly prescriptive and is probably less flexible than US law in this area.  I hesitate to use the phrase "common interest communities" because unit titles are a particular type of title/ownership/governance - very different to say a fee simple subdivision, even though in particular instances both/neither may relate to gated communities, or private infrastructure, etc.  A recent book with an NZ connection has used the term "Multi-Owned Housing", but I don't think that is quite right either, because many of the unit titles issues relate to mixed-use developments (commercial, residential, retail, etc).

I am particularly interested in the intersection (good academic word) of unit titles with administrative law, company law, and broader ideas of property theory.

Finally, my "day job" is as a director (aka partner, but we incorporated pursuant to an NZ law change) of a mid-size law firm.  My practice covers both company/commercial and property law, as well as the management and other responsibilities of being in this role. 

Also, I am guest lecturing securities law at the University of Waikato this semester.  Interestingly (by way of comparison) NZ is seeing a complete overhaul of securities law after the GFC - but property law is essentially untouched (no greater regulation of mortgagees, foreclosure, etc).

That's enough introduction for now.  Other posts will hopefully be more substantive.

Thomas Gibbons

 

Wegner Visiting With Us

I'm delighted to announce that my beloved colleague Judith Wegner will be sitting with us for a spell.  Judith was dean here at UNC for a decade and more recently was principal investigator on the Carnegie Foundation's major study on legal education, part of its "Program on Preparation for the Professions."  Judith was also president of the AALS in 1995.  Before entering teaching, Judith worked in the Office of Legal Counsel and in the appellate staff at Land and Natural Resources.  You can find a couple of Judith's most recent articles here.

I expect that Judith will be talking about her work with the Carnegie Report, as well as pedagogy, and a lot of other things, too.

Al Brophy

Mark Edwards Guest Blogging

I'm delighted that Mark Edwards (William Mitchell) will be guest blogging with us.  Mark is doing some interesting work on social standards and property rights, and I'm looking forward to his posts.  Welcome!

Ben Barros

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Nancy McLaughlin on Conservation Easements

Thanks to Nancy McLaughlin (Utah) for providing the post below.  As many of you are aware, Nancy is a leading expert on conservation easements.  She isn't actually a PropertyProf, but we won't hold that against her.

Ben Barros

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Marsh to Wake Forest

Tanya Marsh, who has blogged with us before, will be joining the faculty of Wake Forest this fall.  Congrats!  Tanya will also be blogging with us again, and may have some things to say about every law prof's favorite topic, the AALS hiring process.

Ben Barros

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Avi Bell Guest Blogging

I'm delighted that Avi Bell (San Diego) will be joining us for a guest blogging stint.  I've long been a fan of Avi's work, and I look forward to his posts.

Ben Barros

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Donald Campbell Guest Blogging

I'm delighted that Donald Campbell, who is visiting at Mississippi College School of Law, will be guest blogging with us.  Welcome, Donald!

Ben Barros

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Michael Kent Guest Blogging

I'm pleased to announce that Michael Kent (John Marshall/Atlanta, visiting this year at Stetson) will be guest blogging here at PropertyProf.  Michael writes on land use and takings issues, and shares my fascination with Lingle v. Chevron.

Welcome!

Ben Barros

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Property Bloggers Wanted

I'm seeking one or more people to join me as permanent bloggers here at PropertyProf.  If you're interested, please e-mail me at [email protected].  No need to make a permanent commitment right away.

Ben Barros

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Guest Blogger Marc Roark

I am delighted that Marc Roark (La Verne) will be joining us as a guest blogger.  I'm a fan of Marc's work, and look forward to his posts.

Ben Barros

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Greetings PropertyProfs!

Ben, thank you for the gracious introduction and the opportunity to blog with you! 

As Ben mentioned, I am in the AALS pool this year as an aspiring PropertyProf.  Never fear, I will not bore you with my experiences in the teaching market – there are plenty of more interesting property topics to blog about!  But I do need to mention that during this process, I have struck up relationships with property professors across the country who have read my article, provided me with valuable feedback, and given me sage advice.  Again and again, I have been impressed by the generosity of those who are already in the academy to those of us who hope to join you.  So thank you all!

Tanya Marsh

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Guest Blogger Tanya Marsh

I'm delighted that Tanya Marsh is going to be joining us for a guest stint.  Tanya teaches at the Kelley School of Business at IU/Bloomington, and as an adjunct at IU School of Law in Indianapolis.  Tanya also has a great deal of experience as a practicing real estate attorney.  Finally, Tanya's in the AALS pool this year, and is interested in a permanent spot teaching property, real estate transactions, and trusts and estates.  Hiring folks, take note!

Ben Barros

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Adversely Possessing Your Blog

Longtime listener, first time caller.  Many thanks to Ben for inviting me to play on the PropertyProf sandbox.  If all goes well over the next few weeks this blogging stuff will get me fired, I'll start my own website, and then become an internet sensation/millionaire.

Steve Clowney

"House" the television medical drama and race specific drugs

Did anyone see the recent episode of the television medical drama, House, in which the black doctor on Dr. House's team assigned a high blood pressure medicine to an older black male patient after telling the patient something along the lines that the drug works really well on "us" meaning blacks?  The patient was skeptical and refused to take the drug.  He made a new appointment, this time to see Dr. House who, after chastising the patient essentially for being stupid, prescribed him the same drug.  Of course, anyone familiar with the show would not be surprised to know that Dr. House, in order to get the patient to fill the prescription, misrepresented what he was prescribing and told the patient that he was prescribing the same medicine that he would give to his white patients when, in fact, he wrote the prescription for the same drug the black doctor had prescribed.  The unsuspecting patient went away happy as a lark.

This episode caught my attention because of Dorothy Roberts' work on race-specific pharmaceuticals, specifically BiDil, which is advertised as a drug designed to treat heart failure in blacks.  It was really interesting to see the concept of race specific medicine presented on prime time.  There was never any discussion amongst the characters about whether there is any real genetic basis for targeting drugs to patients based on race.  I am interested in how IP is driving this new demand / trend?

Carol N. Brown

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Guest Blogger Carol Brown

I'm delighted that Carol Brown (UNC) will be joining us as a guest blogger.  Carol, among other things, is Chair-Elect of the AALS Property Section.  Welcome, Carol!

Ben Barros

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Lovett on Comparisons Between Scottish and American Land Use

John A. Lovett (Loyola New Orleans) has posted Meditations on Strathclyde: Controlling Private Land use Restrictions at the Crossroads of Legal Systems on SSRN.  Here's the abstract:

This article presents a comparative study of a pivotal case decided by the Lands Tribunal of Scotland, Strathclyde Joint Police Board v. The Elderslie Estates Ltd. The decision exemplifies how Scotland, one of the world's leading mixed jurisdictions, addresses several fundamental property law issues. Should landowners be allowed to impose restrictions on the use of land that bind future owners in perpetuity? Should courts have any power to modify or terminate those land use restrictions if the passage of time appears to undermine their initial purpose and utility? Does the application of the European Convention on Human Rights change how a court must protect fundamental property rights? This comparative case study sheds light on how Scotland has answered all these questions, reflects on the costs and benefits of its solutions, and contrasts the Scottish approach with typical approaches under American law. The Lands Tribunal's decision, the article also argues, demonstrates a powerful communitarian conception of property in Scottish law, one that has continued to surface even after the formal abolition of Scottish feudalism in 2004 and that differs substantially from the market based conception of property reigning in the United States today.

Ben Barros

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Property Prof as Graduate Student

I'm guesting this month over at PrawfsBlawg.  As some readers know, for the past two years I've been doing graduate work in philosophy at the University of Maryland.  I just put up a post at Prawfs that talks about doing graduate work while being a law professor.

Ben Barros

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Guest Blogger: Juliet Moringiello

I'm delighted that my colleague Juliet Moringiello will be joining us for a guest stint.  Juliet is a cyberlaw and commercial law expert who also teaches property.  Among other things, she will be blogging about virtual property and approaching property from a commercial law perspective.

Welcome, Juliet!

Ben Barros

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I'm Back

Sorry for the lack of posting in the last week.  I had the flu for one part of the week, and was on the road for the other.  Not a good combo.

Ben Barros

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Guest Blogger Josh Tate

We're delighted that Josh Tate (SMU) will be joining us for a guest stint here at PropertyProf.  Josh is a legal historian who writes and teaches about property and wills & trusts.  His dissertation, which is in progress, focuses on property rights and remedies in medieval England.  His many articles include  Ownership and Possession in the Early Common Law, forthcoming from the Am. J. Legal Hist.  Josh is also up on current legal events, and among other things will be discussing Leona Helmsley's will.

Welcome Josh!

Ben Barros

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