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Books

Land Value Capture: A Policy and Legal Analysis (working title, under contract with Lincoln Institute Press, in progress)

Cases and Text on Property, Seventh Edition, co-authored with S. French (Aspen Publishers, 2019)

Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes, Third Edition (Juris Publishing, 2016)

Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, Sixth Edition, co-authored with P. Goldstein (Foundation Press, 2015)

Cases and Text on Property, Sixth Edition, co-authored with S. French (Aspen Publishers, 2015)

Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, Fifth Edition, co-authored with P. Goldstein (Foundation Press, 2009)

Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes, Second Edition (Juris Publishing, 2004)

Cases and Text on Property, Fifth Edition, co-authored with A.J. Casner, W.B. Leach, S. French, and L. Vander Velde (Aspen Publishers 2004)

Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, Fourth Edition, co-authored with P. Goldstein (Foundation Press, 2002) 

Cases and Text on Property, Fourth Edition, co-authored with A.J. Casner, W.B. Leach, S. French, and L. Vander Velde (Aspen Law and Business, 2000)

Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance, Revised Third Edition, co-authored with P. Goldstein (Foundation Press, 1997)

Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (Shepard’s/McGraw-Hill, 1990)

Book Chapters

“Community Benefit Agreements: Flexibility and Inclusion in U.S. Zoning,” in 100 Years of Zoning and the Future of Cities, pgs. 95–120 (Springer, 2018)

“Commentary on Evan McKenzie, ‘The Relationship Between the Rise of Private Communities and Increasing Socioeconomic Stratification,’” in Land and City, pgs. 390–393 (Lincoln Institute of Land Policy, 2016)

“Sanborn v. McLean: Beyond the Limits of Inquiry Notice” in Property Stories (Foundation Press, 2009) 

“Private Conservation Easements: Balancing Private Initiative and the Public Interest,” in Land Policies and Property Rights (Lincoln Institute of Land Policy Press, 2009)

Articles

“Land Use Regulation as a Framework to Create Public Space for Speech and Expression in the Evolving and Reconceptualized Shopping Mall of the Twenty-First Century,” 68 Case Western Reserve Law Review 429–494 (2017) 

“An Empirical Study of Modification and Termination of Conservation Easements: What the Data Suggest About Appropriate Legal Rules,” co-authored with S. Munteanu and L.E. Smith, 24 New York University Environmental Law Journal No. 1 (2016)

“Private Regimes in the Public Sphere: Optimizing the Benefits of Common Interest Communities,” 27 Land Lines No. 1, pgs. 15–23 (2015)

“Conservation Easements and the Development of New Energies: Fracking, Wind Turbines, and Solar Collection,” 3 LSU Journal of Energy Law and Resources 101–152 (2014)

“Governmental Conservation Easements: A Means to Advance Efficiency, Freedom from Coercion, Flexibility, and Democracy,” 78 Brooklyn Law Review 467 (2013)

“Cutting Municipal Services During Fiscal Crisis: Lessons Learned from the Denial of Services to Condominium and Homeowner Association Owners,” 15 New York University Journal of Legislation and Public Policy 109 (2012)

“Real Estate Brokers Are Not ‘Fiduciaries’: A Call for Developing A New Legal Framework,” Real Estate Law Journal 376 (2011)

“Globalizing Conservation Easements: Private Law Approaches for International Environmental Protection,” 28 Wisconsin International Law Journal 585 (2011)

“Legal and Policy Choices in the Aftermath of the Subprime and Mortgage Financing Crisis,” 60 South Carolina Law Review 727 (2009)

“Private Conservation Easements: A Record of Achievements and the Challenges Ahead,” Land Lines, Vol. 21, No. 4., pgs. 8–13 (2009)

“Solving the Contentious Issues of Private Conservation Easements: Promoting Flexibility for the Future and Engaging the Public Land Use Process,” Utah Law Review 1039 (2007)

“Resolving the Intergenerational Conflicts in Real Property Law:  Preserving Free Markets and Personal Autonomy for Future Generations,” 56 American University Law Review 1525–1578 (2007)

“The Emergence of Private Land-Use Controls in Large-Scale Subdivisions: The Companion Story to Village of Euclid v. Ambler Realty Co.,” 51 Case Western Reserve Law Review 617 (2001)

“Whatever Happened to Landlord-Tenant Law?,” 77 Nebraska Law Review 703 (1998)

“Enforcement of Restrictions by Homeowners Associations: Balancing Individual Rights and Community Interests,” 13 Colloqui: Cornell Journal of Planning and Urban Issues 71 (1998)

“Seller’s Damages from a Defaulting Buyer of Realty: The Influence of the Uniform Land Transactions Act on the Courts,” 20 Nova Law Review 1069–1089 (1996) 

“Comparing the Concepts of ‘Property’ and ‘Value’ in Real Estate Law and Real Property Taxation,” 25 Real Estate Law Journal 7–27 (1996)

“Resolving the Flaws of Residential Servitudes Associations: For Reformation Not Termination,” 1990 Wisconsin Law Review 513–535

“Single Family Use Covenants: For Achieving a Balance Between Traditional Family Life and Individual Autonomy,” 22 U.C. Davis Law Review 951–990 (1989)

“For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents,” 66 Texas Law Review 533–576 (1988) 

“Legal Education for Non-Litigators: The Role of the Law Schools and the Practicing Bar,” 30 New York Law School Law Review 621–628 (1985)

“Privately Held Conservation Servitudes: A Policy Analysis in the Context of In Gross Real Covenants and Easements,” 63 Texas Law Review 433–495 (1984)

“Construction Loan Advances and the Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, and the ULTA Perspective,” 50 Fordham Law Review 313–368 (1982)

“Can Distraint Stand Up as a Landlord’s Remedy?,” 5 Real Estate Law Journal 242–259 (1977)

Editing

Property Stories, Second Edition, co-edited with A. Morriss (Foundation Press, 2009)

Other Writing

“Private Land Use Controls: Balancing Private Initiative and the Public Interest in the Homeowners Association Context,” Lincoln Institute of Land Policy Working Papers (Cambridge, Massachusetts, 1995)

Revision author of selected chapters in Powell on Real Property and Warren’s Weed: New York Real Property