Law Commons^™

Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres

Cornell Law Faculty Publications

This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …

The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham

Osgoode Hall Law Journal

Tracing is conceptualized as the "following" of an object through an exchange transaction and into the product of that exchange. Why is this so and what are the consequences? This article argues that the presentation of tracing in the metaphysical language of transmutation allows the doctrine to be depicted as consistent with axiomatic notions of property that understand it as pre-political and that preclude judicial readjustment of proprietary rights. However, the metaphysical conceptualization of tracing gives the remedy a conceptual structure that has resulted in the doctrine developing dysfunctionally when compared with the normative justifications that motivated its initial development. …

Markets And Law Reform: The Tension Between Uniformity And Idealism, James C. Smith

Scholarly Works

The most ambitious effort at uniform property legislation ever launched was the Uniform Land Transactions Act (“ULTA”) and its companion, the Uniform Simplification of Land Transfers Act (“USLTA”). Both Acts, however, met with singular failure in the sense of uniform legislative shunning and have not substantially influenced judges in their lawmaking roles. In published opinions, very few courts have relied upon the ULTA or USLTA positions for analogous support.

Why did a single state legislature, somewhere in America, not pass at least one of the Acts? We cannot tell for sure why the legislatures eschewed the USLTA and the ULTA. …

Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day

Washington International Law Journal

Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …

Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker

William & Mary Environmental Law and Policy Review

No abstract provided.

The Right To Stay, Patrick M. Mcfadden

Vanderbilt Journal of Transnational Law

People often fight for their homes. Once established, homes are vital centers of life, and their threatened loss generates predictable resistance. This Article shows how the human desire not to be moved is protected by the law. Such protection can be found in both U.S. domestic and international law, although the two systems of law vary widely in their approach. Since World War II, international scholars and lawmakers have been deeply concerned with promoting the legal rights of people to leave and return to their own countries. This Article emphasizes a different, but equally important right: the right of people, …

The Antiwilderness Bias In American Property Law, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.

Railroads Across Tribal Lands, Carye Cole Chapman

American Indian Law Review

No abstract provided.

Takings And The Nature Of Property, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Plural Perils, Roger Bernhardt

Publications

This article discusses the California one-action rule and its application in multiple security situations.

Teaching Real Property Law As Real Estate Lawyering, Roger Bernhardt

Publications

This Article describes an alternative way of teaching the Property course so as to have students appreciate that the rules covered there are relevant to the everyday practice of law. It concentrates on the use lawyers make of those rules, rather than treating the rules as ends in themselves.

Buyers Beware: Statutes Shield Real Estate Brokers And Sellers Who Do Not Disclose That Properties Are Psychologically Tainted, Ronald B. Brown, Thomas H. Thurlow Iii

Faculty Scholarship

No abstract provided.

Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner

Michigan Journal of Gender & Law

Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …

Substantive Due Process In The Twilight Zone: Protecting Property Interests From Arbitrary Land Use Decisions, Stewart M. Wiener

Stewart M. Wiener

Substantive due process protection of the property rights of landowners against arbitrary government decisionmaking is integral to the Due Process Clause of the Fourteenth Amendment. Federal courts have taken divergent paths in addressing the nature of the property interest required to state a substantive due process claim, and the standard by which arbitrary and capricious government conduct is evaluated. Under substantive due process, an allegation of arbitrary government conduct should be evaluated under a meaningful standard, rather than the unthinking deference of the rational basis test. Strong protection of property interests protects the civil rights of individuals, rather than protecting …

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.

“I Will Build My House With Sticks”: The Splintering Of Property Interests Under The Fifth Amendment May Be Hazardous To Private Property, 20 Harv. Envtl. L. Rev. 397 (1996), Maureen Straub Kordesh

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Emperor Still Has Clothes: Fraudulent Conveyance Challenges After The Bfp Decision, 47 S.C. L. Rev. 563 (1996), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

No abstract provided.

0627: Robert O. Ellis Papers, 1968-1977, Marshall University Special Collections

Guides to Manuscript Collections

Huntington, West Virginia, attorney; magician. Papers relate to the construction of his home on Castle Hill, rental properties, Republican Party politics and his magic act.

Property: A Special Right, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill

University of Richmond Law Review

As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.

Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke

Vanderbilt Journal of Transnational Law

This Note analyzes the enormous burden that the Czech Republic faces in its transition from a command to a market economy. Part of the burden is the privatization of real property. Toward privatization, the government of the Czech Republic has thus far focused its resources on allocating real property to private parties through the process of restitution. Technically, title to real property in the Czech Republic has always been held by private parties, but such ownership was meaningless because the state had virtually limitless power to use the property. The author recognizes that unless the Czech government develops substantive real …

Landlord Liability In West Virginia For Criminal Acts On The Premises, Jennifer S. Fahey

West Virginia Law Review

No abstract provided.

Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey

UIC Law Review

No abstract provided.

Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff

UIC Law Review

No abstract provided.

A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This legal history article presents a new understanding of the nature of slave property. Slave property was divided and fragmented into many different interests including those with application to real property such life estates, remainders, shifting and spring interests, and leasehold interests. With regard to these interests, the article overlays the first-year, law-school property course onto slaves as property. Property interests in slaves were also divided by credit mechanisms including mortgages and secured credit transactions. Warranties are another example of divided property interests in slaves.

The fragmented, Hohfeldian nature of slave property distributed the stake that southerners had in the …

Notes: When A Contract For The Purchase Of Land Is Executed Prior To The Initiation Of A Suit Involving The Propertys Title, Lis Pendens May Be Precluded From Affecting The Purchaser's Interest Under The Doctrine Of Equitable Conversion. Deshields V. Broadwater, 338 Md. 422, 659 A.2d 300 (1995), Christopher J. Marchand

University of Baltimore Law Review

No abstract provided.

The Fair Housing Act, Leon D. Lazer

Touro Law Review

No abstract provided.

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos

Scholarly Works

This Article discusses Florida’s 1995 Property Rights Act, which grants to private property owners an alternative cause of action, outside of takings law, when they are permanently denied reasonable use of their land by regulatory actions. The Act also grants alternative procedures for property owners, outside of the judicial and administrative process. Thus, the Act does not change Florida takings law nor does it alter the substance of Florida's sometimes controversial growth management laws.

This article reviews the political climate that made passage of the Act possible and places the property rights initiative in the historical context of populist politics. …

Ecra To Isra: Is It More Than Just A Name Change, Diana R. D'Alonzo, M. Kay Hennessy, Alysa B. Wakin

Villanova Environmental Law Journal

No abstract provided.

Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond

UIC Law Review

No abstract provided.