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Articles 1 - 30 of 33
Full-Text Articles in Law
Regulation Of Real Estate Syndications: An Overview, Stephen B. Hazard
Regulation Of Real Estate Syndications: An Overview, Stephen B. Hazard
Washington Law Review
This comment will attempt to make some sense out of the controversy raging around real estate syndications and will attempt to determine what, if anything, should be done to regulate them. First, the mechanism of the real estate syndication and the specific problems it poses for the investor will be briefly examined. Second, the existing legal framework including restrictions imposed on real estate syndications by common law partnership and state and federal securities laws will be examined to determine whether the investor is adequately protected. Third, various proposed regulatory schemes will be examined, including the SEC's proposals for new disclosure …
Some Antitrust Problems In Government Insured/Guaranteed Mortgage Lending, Richard Arlen Saliterman
Some Antitrust Problems In Government Insured/Guaranteed Mortgage Lending, Richard Arlen Saliterman
Buffalo Law Review
No abstract provided.
Due Process And Deeds Of Trust—Strange Bedfellows?, David A. Leen, Peter A. Galbraith, John Gant
Due Process And Deeds Of Trust—Strange Bedfellows?, David A. Leen, Peter A. Galbraith, John Gant
Washington Law Review
The authors examine in detail the validity of the private sale provisions of the Washington Deed of Trust Act in light of the recent procedural due process decisions of the United States Supreme Court. In addition to concluding that the present Washington Act appears to be unconstitutional, the authors briefly discuss the policy considerations involved and suggest general guidelines for change.
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis
Michigan Law Review
This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …
Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler
Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler
West Virginia Law Review
Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown
St. Mary's Law Journal
Abstract Forthcoming.
Mobile Home Financing., James N. Castleberry
Mobile Home Financing., James N. Castleberry
St. Mary's Law Journal
Abstract Forthcoming.
Public Impairment Of Right To Access Is Compensable., Larry W. Harrison
Public Impairment Of Right To Access Is Compensable., Larry W. Harrison
St. Mary's Law Journal
Abstract Forthcoming.
Real Property--Wills--Judicial Construction Of To A And His Children, Thomas R. Ross Ii
Real Property--Wills--Judicial Construction Of To A And His Children, Thomas R. Ross Ii
West Virginia Law Review
No abstract provided.
Towards A Property Right In Employment, Philip J. Levine
Towards A Property Right In Employment, Philip J. Levine
Buffalo Law Review
No abstract provided.
New York State Planning Law Revision: The Lost Necessity?, Donald L. Conover
New York State Planning Law Revision: The Lost Necessity?, Donald L. Conover
Buffalo Law Review
No abstract provided.
Adverse Possession--Personal Property--Acquiring Title To Personal Property By Adverse Possession In West Virginia, Claude A. Brown
Adverse Possession--Personal Property--Acquiring Title To Personal Property By Adverse Possession In West Virginia, Claude A. Brown
West Virginia Law Review
No abstract provided.
Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman
Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman
Florida State University Law Review
No abstract provided.
Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell
Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell
Indiana Law Journal
No abstract provided.
Recent Cases, Law Review Staff
Recent Cases, Law Review Staff
Vanderbilt Law Review
Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result
Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …
The Virginia Land Trust-An Overlooked Title Holding Device For Investment, Business And Estate Planning Purposes, Peter A. Arntson
The Virginia Land Trust-An Overlooked Title Holding Device For Investment, Business And Estate Planning Purposes, Peter A. Arntson
Washington and Lee Law Review
No abstract provided.
Treasury Regulations Section 1.165-3(B)(2): Lessor Deduction For Demolition Loss
Treasury Regulations Section 1.165-3(B)(2): Lessor Deduction For Demolition Loss
William & Mary Law Review
No abstract provided.
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson
St. Mary's Law Journal
Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …
The Real Estate Investment Trust: State Tax, Tort, And Contract Liabilities Of The Trust, Trustee, And Shareholder, Michigan Law Review
The Real Estate Investment Trust: State Tax, Tort, And Contract Liabilities Of The Trust, Trustee, And Shareholder, Michigan Law Review
Michigan Law Review
This Comment will attempt to alert potential investors in and trustees of REITs to the full extent of the liabilities that they could suffer for contract debts incurred in the name of the trust and torts committed by trust personnel. Since state tax considerations also play a significant role in investment decisions, the manner in which each state taxes the REIT and its shareholders on income derived from property and business in that state will also be investigated. Finally, a rational path out of the morass created by current state law will be articulated in order to prompt renewed discussion …
Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz
Exclusionary Zoning: A Wrong In Search Of A Remedy, Leonard S. Rubinowitz
University of Michigan Journal of Law Reform
This article discusses affirmative approaches to providing effective relief in two types of exclusionary zoning cases: (1) remedies specific to a particular proposed development or a given site and (2) regional remedies, which provide a generalized framework for meeting what courts are increasingly identifying as a regional problem: the need for decent housing for all families. In the first instance (the "single-site" case) a court would remove obstacles in order to facilitate development of low- and moderate- income housing on a particular suburban site. In the second case (the regional approach) a court would specify the obligation of the municipalities …
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
The Interrelationship Between Excusionary Subdivision Control - A Second Look, Roger A. Cunningham
University of Michigan Journal of Law Reform
The thesis of this article is that the conclusion set out above is both oversimplified and inaccurate. Contrary to the author's contention in his Journal article, there are "viable distinctions between zoning and subdivision control," and consequently the major exclusionary techniques available to suburban communities through "zoning" are simply not available in connection with "subdivision control." Dramatic attempts at racial exclusion through subdivision control are likely to be infrequent. Although subdivision regulations, like zoning ordinances and building codes, require expenditures by land developers which increase the cost of housing and thus tend to exclude the poor, the effect of subdivision …
Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell
Interstate Land Sales Regulation: The Case For An Expanded Federal Role, Robert R. Maxwell
University of Michigan Journal of Law Reform
Public awareness of the need for protection from fraudulent vendors of undeveloped land recurs periodically and has led to brief flurries of legislative and journalistic attention since the Florida land boom of the 1920s. Despite the rush of state and federal legislation enacted in recent years to combat sharp practices in the land development field, the need for stronger regulation has been revealed by testimony at public hearings held by the Office of Interstate Land Sales Registration as well as by numerous news accounts of questionable tactics employed by some land development promoters. The recent actions of the Federal Trade …
Landlord And Tenant-Patent Defects In A Common Area
Landlord And Tenant-Patent Defects In A Common Area
University of Richmond Law Review
When a landlord retains control of a portion of the premises for common use by multiple tenants, he must exercise ordinary care to keep that common area in a condition reasonably safe for its intended use. Since the landlord incurs no liability when the premises are under the exclusive control of one tenant, the prerequisites of liability for an injury resultig from a defective condition in a common area are that the landlord must have reserved the area for common use for himself and the tenants, and that he must have retained control of the area himself rather than have …
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Trafficante V. Metropolitan Life Ins. Co. - White Ghetto Tenants - Standing To Protest Landlord's Rental Discrimination, Rosalee Chiara
Cleveland State Law Review
The Supreme Court in Trafficante v. Metropolitan life Insurance Co. has held that tenants having standing under Tile VIII of the 1968 Civil Rights Act, 42 U.S.C. §3610(a), §3610(d) and 42 U.S.C. §19824 to sue their landlord for its alleged discriminatory rental practices.5 Plaintiffs, one black and one white, were tenants of an apartment complex in San Francisco whose tenant population of approximately 8,200 people was less than one percent black. The complaint alleged a variety of discriminatory rental practices directed toward non-white rental applicants and stated that plaintiffs had been injured in three respects. They claimed that they had …
Legislation—The New York Conservator Law, Sheldon Repp
Legislation—The New York Conservator Law, Sheldon Repp
Buffalo Law Review
No abstract provided.
Licensing In The Eastern Bloc, Lajos Schmidt
Licensing In The Eastern Bloc, Lajos Schmidt
Vanderbilt Journal of Transnational Law
This article will discuss the legal problems faced by American enterprises desiring to license industrial property rights--principally patents, trademarks and know-how--in Eastern Europe. Licensing in seven countries--the Soviet Union, Poland, Czechoslovakia, Hungary, Romania, the German Democratic Republic (East Germany) and Bulgaria--will be examined. Of course, these countries form separate and independent legal and political jurisdictions; and even their cultural backgrounds differ. Any generalization about them must be taken in that context. Nonetheless, each of these countries is governed by similar political and economic principles--in particular, the principle of centralized economic planning. These common factors are reflected in common problems faced …
Mechanics' Liens--Potential Pitfall For The Homeowner, Robert C. Lindig
Mechanics' Liens--Potential Pitfall For The Homeowner, Robert C. Lindig
Kentucky Law Journal
No abstract provided.
Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe
Variance Administration In Indiana - Problems And Remedies, Marcia R. Gelpe
Indiana Law Journal
No abstract provided.
Intragovernmental Power Relations In The Expenditure Of Federal Funds Through Local Governmental Bodies: The Public Housing Authority Dilemma Under The Brooke Amendments, Robert B. Haldeman
Intragovernmental Power Relations In The Expenditure Of Federal Funds Through Local Governmental Bodies: The Public Housing Authority Dilemma Under The Brooke Amendments, Robert B. Haldeman
Villanova Law Review
No abstract provided.
Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert
Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert
Villanova Law Review
No abstract provided.