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Topic: Property Law

Of Backyard Chickens and Front Yard Gardens: The Conflict Between Local Governments and Locavores

Sarah B. Schindler | Article

“Locavores” aim to source their food locally. Many locavores are also more broadly concerned with living sustainably and decreasing reliance on industrial agriculture. As more people have joined the locavore movement, including many who reside in urban and suburban areas, conflict has emerged between the locavores’ desires to use their private property to produce food—for personal use and for sale—and municipal zoning ordinances that seek to separate agriculture from residential uses. In this Article, I consider the evolution of this conflict and its implications for our systems of land use, local government, and environmental law. Specifically, I investigate the police [...]

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Localism and Involuntary Annexation: Reconsidering Approaches to New Regionalism

Christopher J. Tyson | Article

“Involuntary” annexation—the ability of cities to expand their territory unilaterally by extending their boundaries—is one of the most controversial devices in land use law. It is under attack in virtually every state where it exists. Involuntary annexation is a direct threat to “localism,” the belief in small, autonomous units of government as the optimum forum for expressing democratic freedom, fostering community, and organizing local government. Localism has been justifiably faulted with spurring metropolitan fragmentation and the attendant challenges it creates for regional governance. This critique is at the center of “New Regionalism,” a movement of scholars and policy makers focused [...]

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Which the Deader Hand? A Counter to the American Law Institute’s Proposed Revival of Dying Perpetuities Rules

Scott Andrew Shepard | Article
Encouraged primarily by a fluke in federal estate and gift tax law, more than half of the states have either effectively or entirely abolished their rules against perpetuities in the past two decades. The American Law Institute, deeply troubled by this development, has adopted for its Third Restatement a proposed rule against perpetuities that would essentially prohibit conditional gifts to continue for the benefit of parties born more than two generations after the transferor. The ALI’s efforts are misguided. The rule against perpetuities was the product of a legal, political, and social age very different than our own. It was [...]
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The Usufruct Revisions: The Power to Dispose of Nonconsumables Now Expressly Includes Alienation, Lease, and Encumbrance; Has the Louisiana Legislature Fundamentally Altered the Nature of Usufruct?

Adam N. Matasar | Comment

This Comment discusses the 2010 Louisiana Civil Code revisions to the law of usufruct and critically analyzes whether the revisions to the power to dispose of nonconsumables upset the usufructuary’s and naked owner’s perilous balance of rights inherent in the law of usufruct. It begins by laying out the foundations of ownership and usufruct in the Louisiana civil law system. After exploring the contours of these general principles, the Comment tracks the development of the power to dispose of nonconsumables from jurisprudential beginnings, through initial legislative codification, and up to the 2010 revision under Act 881.

Delving deeper, this Comment [...]

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“Living Separate and Apart”: Solving the Problem of Putative Community Property in Louisiana

Casey E. Faucon | Article

This Article argues that Louisiana should instead adopt a modified form of the common law doctrine of “living separate and apart” to address the problems created by the current Louisiana law as to the apportionment of putative community property. Washington, California, and Arizona—all community property states—use the doctrine of living separate and apart in the context of classification of assets. Although the standard differs among the three states, the basic principle is that the spouses can conduct themselves in a manner that demonstrates that they are not only physically, but also emotionally living separate and apart, even if the marriage [...]

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Classifying Virtual Property in Community Property Regimes: Are My Facebook Friends Considered Earnings, Profits, Increases in Value, or Goodwill?

Sally Brown Richardson | Article

Virtual property, or that property which exists only in the intangible world of cyberspace, is of growing importance. Millions of people use virtual property every day, be it an e-mail account, a blog, or a Facebook profile; billions of dollars are spent to acquire virtual property. As the importance of virtual property continues to increase at light year speed, laws pertaining to virtual property must similarly develop. Among the legal issues yet unaddressed is how community property regimes will respond to virtual community (or virtual separate) property. Spouses are on the brink of litigating issues such as whether a Uniform [...]

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Convergence in Contort: Landlord Liability for Defective Premises in Comparative Perspective

Melissa T. Lonegrass | Article

The relatively recent transformation of landlord-tenant law has imported into the common law landlord-tenant relationship a number of obligations that have been recognized in civil law leases for centuries.Thus the common law’s embrace of an implied warranty of habitability closed a long-existing gulf between the two legal traditions’ approaches to the obligations of residential landlords. In both traditions today, breach of the landlord’s obligation to provide a safe and habitable dwelling gives rise to traditional contractual remedies, including termination of the lease and damages.However, the treatment of personal injuries, property damage, and nonpecuniary losses continues to differ across jurisdictional lines. [...]

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