This article explores the problem of inadequate access and why owners of private property abutting public lands cannot fence out the public if their sole or primary purpose is to deny access to public land. The reasons why such landowners should not be allowed to put up fences, even on their own...

This article offers a survey of federal legislation and statements of policy that have shaped and directed land use and related phenomena, including the location of population, economic growth, and the character of urban development. Part I of this article provides a historical development of...

The Symposium, Real Property, Mortgages, and the Economy: A Call for Ethics and Reforms, presented jointly by the Pace Law Review and the Pace University School of Law, L.L.M. Program in Real Estate Law on March 20, 2009, offered a dialogue on the existing philosophies underlying the regulation...

Crises are everywhere -- in the housing market, in the financial markets and in the courts. It is difficult to exaggerate how large these crises are. It began with housing, but the effects dominoed throughout the economy. Consumer wealth evaporated. Developers watched rents fall and financing...

The Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") was hastily enacted in 1980 in the wake of the Love Canal disaster, where vast amounts of toxic wastes were found buried beneath a residential community. The contours of this legislation, though comprehensive in...

This essay will explore these deficiencies and argue for real, and not illusory, safeguards against directors' self-dealing in management buyouts. Part II provides an overview of corporation law regarding the decisionmaking authority of the board. Part III discusses self-dealing transactions as...

This paper offers an analysis of the new allocation of burdens and benefits in the use of public lands as contemplated by the proposed legislation. In Part III, I discuss the acquisition of property rights under the General Mining Law of 1872. In Part IV, the theory of property in general is...

I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise...

On the surface, suing in negligence seems the most promising avenue for recovery against appraisers, because liability depends on an examination of defendant's conduct alone and does not require an examination or defendant's mental state to show intent or agreement. But historically insuperable...

Part I of this essay discusses the “public interest” standard under the Federal Communications Act and describes parallels in corporation doctrine. Part II considers whether broadcasters satisfy their public interest obligations by addressing audience interest. Part III discusses the...