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).