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Shelby D. Green

  • Professor of Law
  • Co-Counsel, Land Use Law Center
Preston Hall 309
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Assistant: Susie Della Ruffa
Preston Hall 314
(914) 422-4259

Education

BS, Towson State University
JD, Georgetown University Law Center

For media inquiries, contact:

Rachael Silva
Assistant Dean for External Affairs
(914) 422-4354

After graduating from Georgetown University Law Center, Professor Shelby Green was an associate at Nixon, Hargrave, Devans & Doyle (now Nixon Peabody), in Rochester, NY, and Washington, DC, where she worked on a variety of business law matters. For many years, she served as a member of the Board of Directors of Legal Services of the Hudson Valley, White Plains, N.Y. She is a member of the Board of Directors of the John Jay Heritage Center, Rye, N.Y. She is also a member of the Planning and Zoning Commission in her hometown. 

Professor Green also serves the community through her pro bono work, for which she received a service award from the New York State Bar Association. For three years, she served as the director of the Haub Law LLM Program in Real Estate Law.  She is first vice chair of the New York State Bar Association, Real Property Law Section and a member of the American College of Real Estate Lawyers. Currently, she is the editor of the “Keeping Current—Property” column in Probate & Property, a magazine published by the Real Property, Trust and Estate Law Section of the American Bar Association. Prof. Green also serves as chair of the Legal Education and Uniform Laws Group of that section, which among other things offers the “Professors’ Corner,” a monthly webinar on current topics. She has authored articles in the areas of property law and real estate.

At Haub Law, Professor Green teaches Property, Historic Preservation, and Real Estate Transactions & Finance and is counsel to the Land Use Law Center.

Recent Speaking Engagements:

  • Presenter, New York State Bar Association, Real Property Law Section Summer Meeting, The Climate Mobilization Act (July 2021).
  • Presenter, Webinar, The Janus Effect of Historic Preservation, New York State Bar Association, Real Property Law Section, Annual Meeting, (January 2021).
  • Presenter, The Impacts of the Coronavirus Pandemic on the Performance of Real Estate Contracts: Frustration of Purpose, Impossibility, Impracticability and Force Majeure, ABA Real Property, Trust Estate Section, CLE, April 2020.
  • Moderator, Webinar, Non-Debt Financing for Housing Purchase: Risks and Promises, ABA Real Property Trust and Estate Law Section, June 2020.
  • Moderator, Holds on Horizontal Drilling, ABA Real Property Trust and Estate Law Section March 2020.
  • Moderator, Webinar, Knick v. Township of Scott, ABA Real Property Trust and Estate Law Section February 2020.
  • Moderator, Webinar, Rural Blight, ABA Real Property Trust and Estate Law Section December 2019.
  • Presenter, Preserving Cultural Heritage Through Sustainability Inventions, Association of Law, Property and Society, Syracuse, N.Y. May 2019.
  • Presenter, Law Professors’ Update, ABA Real Property Trust and Estate Law Section, Legal Education Group, Spring Symposium, 2018.
  • Presenter, Zoning for Resilience and Sustainability in the Era of Climate Change, Arizona State University, Sandra Day O’Connor College of Law, Sustainability Conference of American Legal Educators, 2017.
  • Moderator, Webinar, Antiquities Act, ABA Real Property Trust and Estate Law Section, September 2017.
  • Presenter, Resilience and the Big Picture, Governing and Financing Innovations for Long Island Sound and Beyond, University of Connecticut, April 2016.
  • Presenter, The Fordham Environmental Law Review, Global Challenges and Local Solutions: The Role of Municipalities in the Fight Against Climate Change, February 2016.
  • Panelist, Resilient Communities and Climate Change, The Future of Housing, Equity, Stability and Sustainability, Washburn Law School, February 2015.
  • Panelist, Fair Housing, NYU Black Allied Law Students Associations Annual Symposium, 2014.
  • Panelist, Resilient Communities and Climate Change, Association of Law Property and Society, April 2015.
  • Moderator, Crowdfunding: The New Thing in Financing Development, Professors’ Corner Webinar, ABA Real Property Trust and Estate Law Section, Legal Education Group, August 2015.
  • Moderator, Municipalities and the Evolving Use of Eminent Domain, Professors’ Corner Webinar, ABA Real Property Trust and Estate Law Section, Legal Education Group, May 2015.
  • Moderator, Micro Housing, Professors’ Corner Webinar, ABA Real Property Trust and Estate Law Section, Legal Education Group, August 2014.
  • Panelist, Historic Preservation Responds to Housing Shortages in Legacy Cities: Synergies for Savings and Success, Historic Preservation in America’s Legacy Cities, Cleveland State University, June 2014.
  • Organizer and Panelist, Due Diligence and Disclosure in Mortgage Loan Originations under Dodd-Frank, CLE, Pace Law School, May 2014.

 

Publications

SSRN

Articles

Non-Debt and Non-Bank Financing for Home Purchase: Promises and Risks (forthcoming American U. Bus. L. Rev. 2021).

The Loud Unspoken Narratives from Confederate Monuments: How and Why We Should Quiet Them in the Public Square, (forthcoming Zarach Journal 2021)

Controlling the Locals from the Top Down to the Bottom Up for Housing, review of Beyond the Double Veto: Housing Plans as Preemptive Intergovernmental Compacts, 71 Hastings L. J. 79 (2019),           https://jotwell.com.

Landlord-Tenant Law Redux: New York’s “Rad” Landlord-Tenant Law Revisions,34 Prob. & Prop. 17 (2020)(with Samuel Middleton and Britney L. Frates). 

Ex Situ Preservation of Historic Monuments in the Era of Climate Change, 18.2 Conn. Pub. Interest L.  J. 1 (2019).

Teaching Property Through Indian Land Law, (review of Jessica A. Shoemaker, Complexity’s Shadow:   American Indian Property, Sovereignty and the Future, 115 Mich. L. Rev. 487 (2017),        https://property.jotwell.com/teaching-property-indian-land-law/.

One Parcel Plus One Parcel Makes a ‘Parcel as a Whole’: Murr v. Wisconsin’s Fluid Calculations for  Regulatory Takings, Probate & Property (Jan/Feb 2018).

The Passage of the Fair Housing Act of 1968: Stories to be Told (review of Jonathan Zasloff, The Secret History of the Fair Housing Act, 53 Harv. J. Legis. 247 (2016),             https://digitalcommons.pace.edu/lawfaculty/1067/.

Giving and Including For Happiness (review of David Fagundes, Why Less Property is More: Inclusion, Dispossession, & Subjective Well-Being), 103 Iowa L. Rev. 1361 (2018),             https://property.jotwell.com/giving-and-including-for-happiness/.

Shadowing Lenders and Consumers: The Rise Regulation and Risks of Non-Banks, Banking & Fin. Servs. Rep., Sept 2018 at 12.

Testing Fannie Mae’s and Freddie Mac’s Post-Crisis Self-Preservation Policies Under the Fair Housing Act, 66 Clev. St. L. Rev. 477 (2018).

Zoning Neighborhoods for Resilience: Drivers, Tools & Impacts, 28 Fordham Envt’l L. Rev. 41   (2016).

Building Resilient Communities in the Wake of Climate Change While Keeping Affordable Housing Safe from Sea Changes in Nature and Policy, 54 Washburn L.J. 527 (2015).

"Paradoxes, Parallels and Fictions: The Case for Landlord Tort Liability Under the Revised Uniform Residential Landlord-Tenant Act," (forthcoming, Hamline Law Review 2014).

"A Tale of Two Privity’s: Conflict Among the Circuits on the Role of Contract Privity and Privity of Estate in the FDIC’s Assignment of Failed Bank Leases," (forthcoming, Real Prop. Trust & Estate Law Journal 2014).

“Contesting Disclaimer of Reliance Clauses by Efficiency, Free Will and Conscience: Staving Off Caveat Emptor,” (forthcoming, Texas A&M Law Review 2014).

"No Entry to the Public Lands: Towards a Theory of a Public Trust Servitude for a Way Over Abutting Private Land," 14 Wyoming Law Review 19 (2014).

"MERS Remains Afloat in a Sea of Foreclosures," 27 Probate & Property 18 (July/Aug. 2013)(with JoAnn Sandifer).

"Imaging a Right to Housing, Lying in the Interstices," 19 Georgetown Journal Poverty Law & Policy 393 (2012).

"Tightening of Standards by Federal Housing Finance Agencies Impacts Housing Availability and Affordability for Condominium Purchasers," a LexisNexis, Emerging Issues Analysis (2011).

"Re-appraising the Appraisers: Expanding Liability to Buyers and Borrowers In the Story of the 2008 Financing Industry Crisis," 25 Probate & Property 10 (Nov/Dec 2011).

"Understanding CERCLA Through Webster’s New World Dictionary and State Common Law: Forestalling the Federalization of Property Law," 44 New England Law Review 835 (2010).

"The Improvident Real Estate Deal: the Attorney’s Duty to Warn," 39 Real Estate Law Journal 147 (2010)(with Temisan Agbeyegbe).

"Disquiet on the Home Front: Disturbing Crises in the Nation’s Markets and Institutions," 30 Pace Law Review 7 (2009).

Forward: "Real Property, Mortgages, and the Economy: A Call for Ethics and Reforms," 30 Pace Law Review 1 (2009).

“Zoning In and Out Churches: Limits on Municipal Zoning Powers by the Religious Land Use and Institutionalized Persons Act,” 37 Real Estate Law Journal 163 (2008).

"Practitioners Need Broader Expertise: Real Estate Law is Undergoing Profound Changes," New York Law Journal (June 18, 2008) (with John Nolon).

"To Disclose or Not to Disclose. That is the Questions for the Corporate Fiduciary Who is Also a Pension Plan Fiduciary Under ERISA: Resolving the Conflict of Duty," 9 University of Pennsylvania Journal of Labor and Employment Law 831 (2007).

"Development Agreements: Bargained-For Zoning That is Neither Illegal Contract Nor Conditional Zoning," 33 Capital University Law Review 383 (2004).

"Specific Relief for Ancient Deprivations of Property," 36 Akron Law Review 245 (2003).

"The Search for a National Land Use Policy: For the Cities’ Sake," 26 Fordham Urban Law Journal 69 (1998).

"The Public Housing Tenancy: Variations on the Common Law That Give Security of Tenure and Control," 43 Catholic University Law Review 681 (1994).

"Reclaiming the Public Domain by Repeal of the Mining Law of 1872," 6 Hofstra Property Law Journal 85 (1993).

"'Reasonable Expectations' Define Board Power to Liquidate a Solvent Close Corporation in Bankruptcy," 41 Drake Law Review 421 (1992).

"Defending the 'Time Culture': The Public and Private Interests of Media Corporations," 43 Federal Communications Law Journal 391 (1991).

"Corporate Philanthropy and the Business Benefit: The Need for Clarity," 20 Gonzaga University Law Review 239 (1990).

"The Illusion of Fairness through Special Committees in Management Buyouts," 18 Western State University Law Review 161 (1990).

Courses Taught

Areas of Interest

  • Property
  • Land Use
  • Real Estate
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