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Articles 31 - 60 of 82
Full-Text Articles in Law
Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock
Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Is Attachment Once Again Safe?, Roger Bernhardt
Is Attachment Once Again Safe?, Roger Bernhardt
Publications
This article discusses a California statute that authorizes undersecured lenders to obtain prejudgment attachment on their debtor’s other assets in light of the one-action rule.
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow
Articles & Book Chapters
This article describes the law of defamation, with advice to realtors on how to avoid defaming others.
Transferable Development Rights Trpa And Takings: The Role Of Tdrs In The Constitutional Takings Analysis, William Hadle Littlewood
Transferable Development Rights Trpa And Takings: The Role Of Tdrs In The Constitutional Takings Analysis, William Hadle Littlewood
McGeorge Law Review
No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
All Faculty Scholarship
No abstract provided.
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker
Katharine K. Baker
In this Article, Professor Baker analyzes how and why the law protects both horizontal (marital) and vertical (parent/child) relationships. In doing so, she suggests that, although the reasons to protect relationships are comparable in both the horizontal and vertical contexts, the law is much more willing to interfere with vertical relationships, at least when the parents are not married to each other. From the standpoint of women's needs, this inconsistent treatment of relationships is precisely backwards. Women benefit little from the law's deference to horizontal relationships, but they could benefit substantially if the law was more deferential to a single …
Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, 51 Okla. L. Rev. 229 (1998), Debra Pogrund Stark
Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, 51 Okla. L. Rev. 229 (1998), Debra Pogrund Stark
UIC Law Open Access Faculty Scholarship
No abstract provided.
Not In My Backyard: The Clash Between Native Hawaiian Gathering Rights And Western Concepts Of Property In Hawaii, Samuel J. Panarella
Not In My Backyard: The Clash Between Native Hawaiian Gathering Rights And Western Concepts Of Property In Hawaii, Samuel J. Panarella
Faculty Law Review Articles
This article examines the uneasy truce that exists between Western property law and the original Hawaiian native gathering practices that existed before the arrival of Europeans. The author traces the development of Hawaiian law from early cases that severely restricted gathering rights to more permissive results. The article demonstrates both the strengths and weaknesses of the present system of land tenure in Hawaii and argues for the continued expansion of native Hawaiian gather rights providing such expansion takes place within, not outside of, the dominant fee simple land tenure system now in place in Hawaii.
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie
UIC Law Review
No abstract provided.
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry
UIC Law Review
No abstract provided.
Compensation And The Interconnectedness Of Property, Thomas W. Merrill
Compensation And The Interconnectedness Of Property, Thomas W. Merrill
Faculty Scholarship
Professor Joseph Sax's scholarship on the Takings Clause combines the craft of a first-class lawyer with the passion of a visionary. The good lawyer that he is, Sax's scholarship reflects a deep understanding of Supreme Court case law, legal history, and the practical dimensions of various kinds of land use disputes. Yet his work on takings is not animated by any desire for mere doctrinal tidiness. It is driven by a distinctive vision – one in which the earth's resources are becoming increasingly interconnected and in which there is an increasing need for the government to resolve conflicts regarding the …
The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy
The Tax Status Of Ohio Property Used For Low-Income Housing, Christopher P. Conomy
Cleveland State Law Review
This Note argues that the rule denying property tax exemption to low-income housing units is improper. The rule is improper in three significant regards. First, as a matter of social and public policy, the rule is misguided, because it hinders the fulfillment of an important need in Ohio and in American society at large. Second, as a purely legal matter, the original rule denying exemption for these properties resulted as a mistaken application of the existing law regarding the definition of "charitable" use. The third, and most compelling reason, is that the legal basis underlying the original rule has undergone …
Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry
Touro Law Review
No abstract provided.
Governmental Takings, Court Of Appeals: Kim V. City Of New York
Governmental Takings, Court Of Appeals: Kim V. City Of New York
Touro Law Review
No abstract provided.
Rising Seas, Coastal Erosion, And The Takings Clause: How To Save Wetlands And Beaches Without Hurting Property Owners, James G. Titus
Rising Seas, Coastal Erosion, And The Takings Clause: How To Save Wetlands And Beaches Without Hurting Property Owners, James G. Titus
Maryland Law Review
No abstract provided.
Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob
Establishment Of Religion, Court Of Appeals: Park Slope Jewish Center V. Congregation B'Nai Jacob
Touro Law Review
No abstract provided.
Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim
Involuntary Sale: Banishing An Owner From The Condominium Community, 31 J. Marshall L. Rev. 429 (1998), Michael C. Kim
UIC Law Review
No abstract provided.
Translation Without Fidelity: A Response To Richard Epstein’S Fidelity Without Translation, William Michael Treanor
Translation Without Fidelity: A Response To Richard Epstein’S Fidelity Without Translation, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
This article is a response to Fidelity Without Translation by Richard Epstein (1997).
Explaining why a body of work is influential is inevitably a complex matter, but part of the success of Professor Epstein’s writings undoubtedly stems from their grounding in the original understanding of the Constitution. He has claimed the mantle of the framers, and that claim gives his reading of the takings clause a deep resonance it would not otherwise have.
Explicitly rejecting Epstein’s reading of the clause and the history that lay behind its adoption, the author has previously advanced his own view of the original understanding …
Understanding Mahon In Historical Context, William Michael Treanor
Understanding Mahon In Historical Context, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Despite its enormous influence on constitutional law, Pennsylvania Coal Co. v. Mahon is just such an opinion; the primary purpose of the author’s article Jam for Justice Holmes: Reassessing the Significance of Mahon is to clarify Holmes's intent by placing the opinion in historical context and in the context of Holmes's other opinions. While other scholars have also sought to place Mahon in context, his account differs in large part because of its recognition, as part of the background of Mahon, of a separate line of cases involving businesses affected with a public interest.
The author argues that at …
Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie
Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie
Florida State University Law Review
No abstract provided.
Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, Debra Pogrund Stark
Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, Debra Pogrund Stark
Oklahoma Law Review
No abstract provided.
Residential Liens And Foreclosures (Oklahoma Focus), Monica Amis Wittrock
Residential Liens And Foreclosures (Oklahoma Focus), Monica Amis Wittrock
Oklahoma Law Review
No abstract provided.
The Original Understanding Of The Takings Clause, William Michael Treanor
The Original Understanding Of The Takings Clause, William Michael Treanor
Georgetown Environmental Law & Policy Institute Papers & Reports
The champions of the property rights movement claim that they are fighting to restore the original understanding of the Takings Clause of the Fifth Amendment. They invoke James Madison and other founding fathers as support for proposed statutes that require the federal government to pay property owners when it prevents them from harming the environment or jeopardizing the survival of endangered species. Wetlands regulation, it is often said, "takes" property by diminishing its value, and the founders adopted the Takings Clause to ensure that, when government regulations diminished the value of property, the owner would receive compensation. Increasing numbers of …
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Faculty Scholarship
One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …
Common Interest Communities: Evolution And Reinvention, 31 J. Marshall L. Rev. 303 (1998), Wayne S. Hyatt
Common Interest Communities: Evolution And Reinvention, 31 J. Marshall L. Rev. 303 (1998), Wayne S. Hyatt
UIC Law Review
No abstract provided.
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
The Tragedy Of The Anticommons: Property In The Transition From Marx To Markets, Michael A. Heller
Articles
Why are many storefronts in Moscow empty, while street kiosks in front are full of goods? In this Article, Professor Heller develops a theory of anticommons property to help explain the puzzle of empty storefronts and full kiosks. Anticommons property can be understood as the mirror image of commons property. By definition, in a commons, multiple owners are each endowed with the privilege to use a given resource, and no one has the right to exclude another When too many owners hold such privileges of use, the resource is prone to overuse - a tragedy of the commons. Depleted fisheries …
The Irony Of Deregulatory Takings, Jim Rossi
The Irony Of Deregulatory Takings, Jim Rossi
Vanderbilt Law School Faculty Publications
This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …
The Property Of Death, Tanya K. Hernandez
The Property Of Death, Tanya K. Hernandez
Faculty Scholarship
Who owns death and why do we care? The question of who owns death is implicitly deliberated each time a legal dispute ensues over who can direct the manner of a decedent's burial. There is no definitive legal rule as to who has the right to control the disposal of mortal remains because there is no agreement as to who owns a body after death or whether the cadaver is subject to traditional property rights. Although most states have probate laws and health codes which authorize a decedent (or in the alternative, a priority list of family members) to direct …
The Rhetoric Of Property, Joan C. Williams
Why An Insurance Regulation To Prohibit Redlining, 31 J. Marshall L. Rev. 489 (1998), Gregory D. Squires
Why An Insurance Regulation To Prohibit Redlining, 31 J. Marshall L. Rev. 489 (1998), Gregory D. Squires
UIC Law Review
No abstract provided.