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- Institution
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- Maurice A. Deane School of Law at Hofstra University (17)
- Seattle University School of Law (13)
- University of San Diego (5)
- Fordham Law School (4)
- Vanderbilt University Law School (4)
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- Brigham Young University Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- UIC School of Law (2)
- University of Richmond (2)
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- Schulich School of Law, Dalhousie University (1)
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- University of Maryland Francis King Carey School of Law (1)
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- Keyword
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- Growth Management Act (12)
- Growth management (12)
- Land use (8)
- Development regulation (5)
- Community reinvestment act (3)
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- Credit (3)
- Fifth Amendment (3)
- Land use regulation (3)
- Property (3)
- Takings (3)
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- AB 1846 (2)
- AB 1902 (2)
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- AB 2293 (2)
- AB 647 (2)
- Building permits (2)
- Enforcement (2)
- Impact fees (2)
- Land development (2)
- Low income communities (2)
- Lucas v. South Carolina Coastal Council (2)
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- Publication
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- Hofstra Property Law Journal (17)
- Seattle University Law Review (13)
- Fordham Urban Law Journal (4)
- California Regulatory Law Reporter (3)
- Cardozo Law Review (2)
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- San Diego Law Review (2)
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- Mercer Law Review (1)
- University of Baltimore Law Review (1)
- Villanova Environmental Law Journal (1)
- Villanova Law Review (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
- William & Mary Environmental Law and Policy Review (1)
- William & Mary Law Review (1)
Articles 31 - 60 of 67
Full-Text Articles in Law
Residential Real Estate Transactions: The Aids Influence, Florise R. Neville-Ewell
Residential Real Estate Transactions: The Aids Influence, Florise R. Neville-Ewell
Hofstra Property Law Journal
No abstract provided.
Your Money And Your Life! Aids And Real Estate Disclosure Statutes, Michael Adam Burger, Lourdes I. Reyes Rosa
Your Money And Your Life! Aids And Real Estate Disclosure Statutes, Michael Adam Burger, Lourdes I. Reyes Rosa
Hofstra Property Law Journal
No abstract provided.
Caveat Misrepresenter: The Real Estate Agent's Liability To The Purchaser, Clarance E. Hagglund, Britton D. Weimer, Ronald S. Berman, Hubert R. Weiss
Caveat Misrepresenter: The Real Estate Agent's Liability To The Purchaser, Clarance E. Hagglund, Britton D. Weimer, Ronald S. Berman, Hubert R. Weiss
Hofstra Property Law Journal
No abstract provided.
Ec Regulation Of The Banking Sector, Wendy Fowler
Ec Regulation Of The Banking Sector, Wendy Fowler
Hofstra Property Law Journal
No abstract provided.
The New York City Civil Forfeiture Law: Is It Going Too Far?, Julie A. Lefkowits
The New York City Civil Forfeiture Law: Is It Going Too Far?, Julie A. Lefkowits
Hofstra Property Law Journal
No abstract provided.
Land Use Control, The Individual, And Society: Lucas V. South Carolina Coastal Council , Robert M. Washburn
Land Use Control, The Individual, And Society: Lucas V. South Carolina Coastal Council , Robert M. Washburn
Maryland Law Review
No abstract provided.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.
University of Richmond Law Review
While the Supreme Court of Virginia handed down decisions of significance dealing with the ownership and operation of real property in the Commonwealth during the past year, in most cases the court was content to apply well-settled law in new fact situations, or to extend the boundaries of such law gently into new territory. The General Assembly, for its part, spent most of its energy clarifying existing legislation or repairing portions of statutes which, either in operation or in prospect, needed relatively minor modifications. The foregoing statements are not intended to belittle the cases which were decided and the legislation …
Notes: Commercial Law — Consumer Protection Act — Landlord-Tenant — Remedies — Private Action By Tenant Under Maryland's Consumer Protection Act Requires Demonstration Of Actual Loss Or Injury, I.E., Diminution In Rental Value, In Order To Justify Restitutionary Award Of Rents Paid For The Lease Of Unlicensed Residential Property. Citaramanis V. Hallowell, 328 Md. 142, 613 A.2d 964 (1992), Michael B. Macwilliams
University of Baltimore Law Review
No abstract provided.
The Medieval English Marriage Portion From Cases Of Mort D'Ancestor And Formedon, C.M.A. Mccauliff
The Medieval English Marriage Portion From Cases Of Mort D'Ancestor And Formedon, C.M.A. Mccauliff
Villanova Law Review
No abstract provided.
The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm
The Future Of Fair Housing Litigation, 26 J. Marshall L. Rev. 745 (1993), Robert G. Schwemm
UIC Law Review
No abstract provided.
Real Property Taxation And Regulation, Honorable Leon D. Lazer
Real Property Taxation And Regulation, Honorable Leon D. Lazer
Touro Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Mandatory Disclosure Law: A Statute For Illinois, 27 J. Marshall L. Rev. 155 (1993), John H. Scheid
Mandatory Disclosure Law: A Statute For Illinois, 27 J. Marshall L. Rev. 155 (1993), John H. Scheid
UIC Law Review
No abstract provided.
Department Of Real Estate, M. Wakefield
Department Of Real Estate, M. Wakefield
California Regulatory Law Reporter
No abstract provided.
The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce
The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce
Seattle University Law Review
When the Washington State Legislature enacted the Growth Management Act (GMA) in 1990, it established a concurrency requirement in the transportation area and authorized local governments to establish concurrency requirements in other areas such as schools, parks, and public services. This Article seeks to inform the debate as to the GMA's requirements for concurrency regulations, the key issues in implementing concurrency regulations, and statutory and constitutional limits on the implementation of regulations. After detailing the GMA's transportation concurrency requirement, the Article will discuss whether the GMA requires concurrency for public facilities other than transportation, will highlight the key issues in …
Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw
Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw
Seattle University Law Review
No abstract provided.
Hendler V. United States: Preserving Private Property Rights In The Face Of Environmental Regulation, William E. Remphrey Jr.
Hendler V. United States: Preserving Private Property Rights In The Face Of Environmental Regulation, William E. Remphrey Jr.
Villanova Environmental Law Journal
No abstract provided.
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Harmful Use And The Takings Clause In The Eye Of The Beholder: Lucas V. South Carolina Coastal Council, Charles H. Clarke
Cleveland State Law Review
Whichever of these two possibilities prevails, both possibilities require the courts to perform essentially legislative functions regardless, in other words, of whether public ecological resources receive insufficient or ample protection from private enterprise that wants to consume them. The traditional Takings Clause precedents, on the other hand, would give public ecological resources and private property ample protection with minimum judicial oversight. The traditional position seems preferable for this reason.
The Community Reinvestment Act After Fifteen Years: It Works, But Strengthened Federal Enforcement Is Needed, Allen J. Fishbein
The Community Reinvestment Act After Fifteen Years: It Works, But Strengthened Federal Enforcement Is Needed, Allen J. Fishbein
Fordham Urban Law Journal
The Community Reinvestment Act (“CRA”) was adopted to curb redlining, the discriminatory mortgage lending practice whereby lenders refuse to make loans to certain geographic areas based on the racial or ethnic composition of those areas or the age of their housing stock. The law reflected Congressional judgment that lending institutions were overlooking important credit needs within their local communities and that the banking regulators’ efforts were inadequate to deter this neglect. Although the law was rarely enforced, some organized community groups made it work. Today’s climate of bank restructuring presents new challenges to making the law effective. Despite its apparent …
The Community Reinvestment Act: Good Intentions Headed In The Wrong Direction, Lawrence J. White
The Community Reinvestment Act: Good Intentions Headed In The Wrong Direction, Lawrence J. White
Fordham Urban Law Journal
The Community Reinvestment Act of 1977 (“CRA” or “the Act”) places an obligation on commercial banks and savings and loan associations (“S&Ls”) and savings banks (together with S&Ls, frequently described as “thrifts”) to meet the credit needs of the local communities in which they are chartered consistent with the safe and sound operation of such institutions. The Act offers no greater precision for these phrases, and the task of fleshing them out and enforcing them has been left to the bank and thrift regulatory agencies. This article argues that the CRA approach is fundamentally flawed. It is either redundant (because …
A Guide To Enforcing The Community Reinvestment Act, Richard Marisco
A Guide To Enforcing The Community Reinvestment Act, Richard Marisco
Fordham Urban Law Journal
The Community Reinvestment Act (“CRA”) represents a continuing, affirmative obligation on banks to meet the credit needs of their communities — including low and moderate income neighborhoods — by providing appropriate credit products and deposit services. Federal regulators have been hesitant to enforce the CRA aggressively, and community based organizations (“CBO’s”) have taken the lead in using the CRA to improve bank lending in low and moderate income communities. A combination of recent legislation and social developments ensure an increase in the CBO’s CRA enforcement activity. This Guide’s purpose is twofold. The first is to catalogue and analyze the decisions, …
County Powers In Assisted Housing Programs: The Constitutional Limits In New York, John P. Dellera
County Powers In Assisted Housing Programs: The Constitutional Limits In New York, John P. Dellera
Fordham Urban Law Journal
With the exception of facilities set aside for people who cannot live independently, the law has historically given counties in New York State little or no role in addressing housing issues, with decisions being left to private enterprise, municipalities, and public corporations. Proposals are thus regularly advanced to grant powers to county governments to initiate their own housing programs. In 1992, the Attorney General of New York State issued an opinion that departs form previous opinions of his office and invites greater county involvement in low-cost housing. This article argues that under New York law, the role of municipalities is …
When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell
When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell
Campbell Law Review
First, this Note will provide a brief history of landlord-tenant law, tracing the common law through the development of pro-tenant reforms. Then, this Note examines the distinction between a tenant and a guest and the legal consequences of that distinction. This Note also discusses the rationale behind the Baker decision and its legal implication. This Note concludes with suggestions of the broader ramifications of Baker.
Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi
Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi
Seattle University Law Review
Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Seattle University Law Review
In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Seattle University Law Review
In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will …
New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson
New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson
Cardozo Law Review
No abstract provided.
The Treatment Of Nominee Corporations For Income Tax Purposes, Norton L. Steuben
The Treatment Of Nominee Corporations For Income Tax Purposes, Norton L. Steuben
Seattle University Law Review
This Article traces the development of the nonentity and agency approaches to the treatment of nominee corporations. The nonentity approach had a short lifespan and is of little use today. The agency approach, in contrast, experienced a period of development that resulted in a complex six-factor test that was employed in at least three circuits. When a conflict in the application of the six-factor test developed, the Supreme Court in Commissioner v. Bollinger enunciated a different approach and established a new, more workable standard. This Article explores the limitations of that standard as well as its practical application for planners.