Law Commons^™

The Concept Of Selling Real Estate On The Map And Its Legal Adaptation A Comparative Study., Duha Mohamed Al Nuaaman

UAEU Law Journal

Despite the harsh circumstances that our beloved Iraq has been going through these days, it is necessary that this sorrow, God willing, ends, and that Iraq enters the stage of building and construction. Nobody can deny the fact that Iraq is in need for real estate projects such as schools, hospitals and commercial centers. But most importantly of all, houses, which, unfortunately, ordinary citizens cannot afford to own, are needed desperately. This would open room for investment companies to build and develop real estate projects and put them for public sale on the map as is the case in most …

Taxation Of Unmined Minerals: Is It Inevitable, Or Is It Unconstitutional?, J. E. Clark

Journal of Natural Resources & Environmental Law

No abstract provided.

Kentucky's New Broad Form Deed Law--Is It Constitutional?, Robert M. Pfeiffer

Journal of Natural Resources & Environmental Law

No abstract provided.

Reframing Church Property Disputes In Washington State, Theodore G. Lee

Washington Law Review

Real property disputes between units or members of the same church are common in the United States. To resolve such disputes, the Supreme Court has endorsed two doctrines: the hierarchical deference approach and the neutral-principles of law approach. The Court has justified both doctrines on the First Amendment’s Establishment and Free Exercise Clauses, but this justification is problematic. Specifically, under the hierarchical deference approach courts must always give preferential treatment to one religious group over others—effectively endorsing a particular religion. On the other hand, courts can enforce their own interpretations of religious issues under the neutral-principles approach, thereby infringing free …

The Idea Of Public Utility In Expropriation, Brahimi Sihem

UAEU Law Journal

The right of ownership is one of the basic rights that satisfies human nature and nourishes the survival instinct. It constitutes one of the main pillars in the legal systems, but it must be in the interest of the public. This is important for the establishment of the state and its continuation, by gaining a special character in the field of expropriation as necessary to cover the exercise of its powers until the required actions acquire legitimacy and facilitate the acceptance by individuals, which is also used as a justification for the privileges of public authority.

The English Law Doctrine Of Proprietary Estoppel And The Extent To Which It Could Be Applied In Jordanian Law, Zaid Muhmoud Al-Aqaileh

UAEU Law Journal

The English law doctrine of proprietary estoppel is an equitable doctrine that represents the intervention of equity to mitigate the strictly harsh rules of the statute, and to create new proprietary rights in land, even in the absence of any formal requirements. In Jordanian law, proprietary rights in land cannot be created informally, i.e. in the full absence of the needed formalities, and Jordanian courts cannot admit mere promises, or assurances, as a means of creation of such rights. This article has examined the feasibility of the operation of the doctrine of proprietary estoppel, or a similar doctrine, in Jordanian …

Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard

Florida Law Review

Libertarian property rights enthusiasts celebrated the United States Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those expectations. A major reason is that Justice Antonin Scalia’s opinion created an exception that effectively swallowed the rule that Lucas established. Lucas held that land use regulations whose effect on landowners’ property produced a total loss of economic value were per se categorical takings. However, Justice …

Emergency Excuse In Lease Contracts And The Nature Of Its Relationship With The Theory Of Emergency Circumstances: A Comparative Study, Adel Mohammed Ali

UAEU Law Journal

After concluding the contract, certain circumstances may appear and make the execution of the contract so difficult to one of the contract parties. These circumstances are in many kinds different, in the extent of the contracts that they appear in them, as well as the fact that they are different in their impact on the contracts under the laws in general. This situation applies on both of emergency excuses in lease contracts and the theory of emergency circumstances.

This study is divided into two parts; in the first part, we studied the subject of emergency excuses in the lease contract …

The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt

Villanova Environmental Law Journal

No abstract provided.

Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld

Michigan Business & Entrepreneurial Law Review

Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue foreclosure proceedings, which …

God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson

Indiana Law Journal

In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.

In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …

Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang

Michigan Journal of Race and Law

MJEAL chose to publish Helen Kang’s piece, Looking Toward Restorative Justice for Redlined Communities Displaced by Eco-Gentrification, because it offers a unique analytic approach for analyzing the roots of environmental racism and the appropriate tools to help rectify it. She offers an argument for why restorative justice needs to be the framework and explains how we can accomplish this in the context of a whole government solution. MJEAL is excited to offer what will be an influential approach for environmental restorative justice to the broader activist and academic community.

Clark V. Buttonwoods Beach Association., 226 A.3d 683 (R.I. 2020), Brooke E. Pearsons

Roger Williams University Law Review

No abstract provided.

Pollack V. 217 Indian Avenue, L.L.C., 222 A.3d 478 (2019), Shannon Griffin

Roger Williams University Law Review

No abstract provided.

Properties Of Intimacy, Emily J. Stolzenberg

Maryland Law Review

No abstract provided.

Private Largess In The Digital Age: Privacy In Reich's The New Property, Raymond H. Brescia

Touro Law Review

No abstract provided.

Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh

Touro Law Review

No abstract provided.

Real Property, J. Richard White, Amanda Grainger

SMU Annual Texas Survey

This article is a survey of the relevant developments in real property law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners.

An Eye For An Eye And A Tooth For A Tooth: An Analysis Of Georgia’S Landlord Retaliation Law, Nicole Hammett

Georgia Law Review

Landlord retaliation laws protect tenants from landlords’
harmful retaliatory actions in response to tenants’ exercise of
their legal rights. In May 2019, Georgia joined the majority of
other states by enacting H.B. 346, an act establishing the
requirements for a prima-facie case of landlord retaliation.
Georgia’s eviction and poverty rates are higher than the
national average, and this law stands to address underlying
issues that drive those problems.
Other states’ landlord retaliation laws offer best practices in
addressing landlord retaliation. These include implementing
rent abatement protections and expanding the scope of
protected actions. Improving low-income individuals’ access to
counsel and …

Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson

Georgia Law Review

To determine the proper procedure by which landowners
may seek judicial review of adverse decisions on rezoning
applications, Georgia courts must consider the nature of
rezoning decisions. For decades, the courts have held—with
little explanation—that rezoning decisions are legislative acts
subject to de novo review. Then, in the 2017 case Diversified
Holdings, LLP v. City of Suwanee, the Georgia Supreme
Court classified rezoning decisions as adjudicative acts that
may only be reviewed by writ of certiorari. Because the court
did not explicitly overturn the decades of precedent classifying
rezoning decisions as legislative acts, however, the nature of
rezoning decisions—and thus …

Table Of Contents

Touro Law Review

No abstract provided.

Heirs Property In Georgia: Common Issues, Current State Of The Law, And Further Solutions, Caitlin Henderson

Georgia Law Review

In Georgia, real property passes through an intestate estate
in the form of heirs property. Under this system, heirs share
ownership of the property as tenants in common. This form of
ownership poses several obstacles to realizing the land’s full
potential and, in certain circumstances, courts will partition
the property in forced sales or will physically divide the
property among the heirs. Heirs property and its accompanying
problems are particularly common in Georgia due to strict
policies concerning will execution formalities. Georgia and the
U.S. Congress have attempted to cure the problems associated
with heirs property through the adoption of …

What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn

Catholic University Journal of Law and Technology

Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the one found on a store shelf? Pervasive trademark infringement in online marketplaces makes the answer to this question difficult, that is, until the consumer experiences negative consequences from a counterfeited product.

Under Tiffany (NJ) Inc. v. eBay, Inc., online marketplaces face almost no liability …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents and Special Thanks.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents.

Naughton V. Guilloteau, 219 A.3d 742 (R.I. 2019), Ryan Coyne

Roger Williams University Law Review

No abstract provided.

Town Of Exeter V. State, 226 A.3d 696 (R.I. 2020), Madalyn E. Mcgunagle

Roger Williams University Law Review

No abstract provided.

Voting For History: One Person, One Vote And The Creation Of National Register Historic Districts, Jonathan Stark-Sachs

Roger Williams University Law Review

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Yanku V. Walgreen Co., 224 A.3d 1130 (R.I. 2020), Jill Elizabeth Magnus

Roger Williams University Law Review

No abstract provided.