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Full-Text Articles in Law
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
No abstract provided.
Contract And Property Law—Fee-Shifting Statutes And Landlord-Tenant Law—A Call For The Repeal Of The English Rule "Loser Pays" System Regarding Contract Disputes And Its Effect On Low-Income Arkansas Tenants, Stephanie Mantell
University of Arkansas at Little Rock Law Review
No abstract provided.
Emulsified Property, Jessica A. Shoemaker
Emulsified Property, Jessica A. Shoemaker
Pepperdine Law Review
The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that …
Dead Men Bring No Claims: How Takings Claims Can Provide Redress For Real Property Owning Victims Of Jim Crow Race Riots, Melissa Fussell
Dead Men Bring No Claims: How Takings Claims Can Provide Redress For Real Property Owning Victims Of Jim Crow Race Riots, Melissa Fussell
William & Mary Law Review
No abstract provided.
Procedural Due Process Claims, Erwin Chemerinsky
Procedural Due Process Claims, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Stop The Reach: Solving The Judicial Takings Problem By Objectively Defining Property, Steven C. Begakis
Stop The Reach: Solving The Judicial Takings Problem By Objectively Defining Property, Steven C. Begakis
Notre Dame Law Review
The future of judicial takings may rest on the ability of the Court to define property in a robust and objective way. Property has essential characteristics that make it easily identifiable, the most significant of which are the rights to exclude and use. However, even when a property right does not fit within a neat categorical definition, should that right have a long, well established pedigree in state court precedent, that property right is similarly within the capacity of the reviewing court to identify. And once it is determined that, prior to the judgment, the petitioners possessed a clearly defined …
Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster
Arkansas’S Trust Code And Trust Planning: A Ten-Year Perspective, Lynn Foster
University of Arkansas at Little Rock Law Review
In 2001, the Uniform Law Commission adopted the Uniform Trust Code, which regulates certain aspects of trusts. One impetus for the trust code was the ever-increasing popularity of revocable trusts as part of standard estate planning packages. Another was the fact that few states—including Arkansas—had well-developed common law trust rules, let alone any statutory trust codes. In 2005, the Arkansas legislature enacted a slightly modified version of the Uniform Trust Code (UTC), titled the Arkansas Trust Code (ATC). At that time, the University of Arkansas at Little Rock Law Review published my article summarizing the most important features of the …