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Articles 4831 - 4860 of 8768
Full-Text Articles in Law
Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell
Collaborative Approaches To Conservation: A Critical Look, Larry Macdonnell
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
7 pages.
Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery
Nebraska V. Wyoming: The End Or Collaboration?, Wendy Weiss, James Montgomery
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
13 pages.
Contains footnotes.
A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford
A Western Slope Perspective: Endangered Species And Municipal Water, David C. Hallford
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
13 pages (includes 1 map).
Contains footnotes and 1 page of references.
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
1 v. (various pagings) : ill., maps, charts ; 29 cm
Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson
Includes bibliographical references
The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.
Conference activities will commence with a free public program cosponsored by the Center of …
The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed
The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed
Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)
No abstract provided.
The Publicness Of Private Land Use Controls, Gregory S. Alexander
The Publicness Of Private Land Use Controls, Gregory S. Alexander
Cornell Law Faculty Publications
Real burdens, or land-use "servitudes" as they are called in the United States, are usually thought of as strictly private legal devices. Yet in many countries, including the United States, they serve public functions. They are used to constitute residential community associations. These institutions differ from traditional civil society institutions in that they are designed to provide public goods in much the same way as cities do. Generally, they allocate public goods more efficiently than do local governments, which are unable to respond to differences in preferences for various goods and services within given political boundaries. At the same time, …
Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht
Renegotiation And Secured Credit: Explaining The Equity Of Redemption, Marshall E. Tracht
Vanderbilt Law Review
"In general, all persons able to contract are permitted to determine and control their own legal relations by any agreements which are not illegal, or opposed to good morals or to public policy; but the mortgage forms a marked exception to this principle."'
I. INTRODUCTION "Once a mortgage, always a mortgage." This cryptic comment, oft-repeated, summarizes a central tenet of mortgage law: The equity of redemption is essential, immutable, and unwaivable. In other words, every mortgage borrower has the right, at any time after default, to redeem the collateral by repaying the debt until the lender has completed a "foreclosure" …
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Property And Economic Liberty As Civil Rights: The Magisterial History Of James W. Ely, Jr., Douglas W. Kmiec
Property And Economic Liberty As Civil Rights: The Magisterial History Of James W. Ely, Jr., Douglas W. Kmiec
Vanderbilt Law Review
This formidable six-volume collection by respected Vanderbilt legal historian, James W. Ely, Jr., is a paean to property as a civil right. The argument of the volumes is made through selected essays by multiple authors, covering colonial time to the present day. It is property, Ely writes in the series introduction, that secures individual autonomy from government coercion, prevents an over-concentration of political authority generally, and encourages investment and economic development., Ely knows the main lesson of history is remembering. The vast literature on the institution of private property, until now, was not sufficiently culled, digested, and assembled, however, to …
Disclosing Personal Data In Real Estate Deals, Roger Bernhardt
Disclosing Personal Data In Real Estate Deals, Roger Bernhardt
Publications
This article discusses disclosure in real estate transactions. In California, residential sales and lease contracts must contain large-print notice as to how to obtain information about registered sex offenders. At the same time, Civil Code 1710.2 restricts disclosure of AIDS.
You Should See It In Every Clause: Emanuel B. Halper, Ground Leases And Land Acquisition Contracts, Bernard E. Jacob
You Should See It In Every Clause: Emanuel B. Halper, Ground Leases And Land Acquisition Contracts, Bernard E. Jacob
Hofstra Property Law Journal
No abstract provided.
Groundwater And Open Space Protection: The New Land Bank And Land Acquisition Programs, Steven C. November
Groundwater And Open Space Protection: The New Land Bank And Land Acquisition Programs, Steven C. November
Hofstra Property Law Journal
No abstract provided.
Lender Liability For Diversion Of Trust Assets Under New York Lien Law Article 3-A, Robert H. Bowmar
Lender Liability For Diversion Of Trust Assets Under New York Lien Law Article 3-A, Robert H. Bowmar
Hofstra Property Law Journal
No abstract provided.
Anti-Development Trends In The United States, James P. Stuckey
Anti-Development Trends In The United States, James P. Stuckey
Hofstra Property Law Journal
No abstract provided.
Bankers Beware: Liability Of Lending Institutions Under Superfund, John M. Van Lieshout
Bankers Beware: Liability Of Lending Institutions Under Superfund, John M. Van Lieshout
Hofstra Property Law Journal
No abstract provided.
Deferred Mortgage Recording: Weighing The Risks And Benefits, Robert J. Fryman
Deferred Mortgage Recording: Weighing The Risks And Benefits, Robert J. Fryman
Hofstra Property Law Journal
No abstract provided.
Value, Obligation And Cultural Heritage, Sarah K. Harding
Value, Obligation And Cultural Heritage, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Significant Trends In The Trust Law Of The United States, Edward C. Halbach, Jr.
Significant Trends In The Trust Law Of The United States, Edward C. Halbach, Jr.
Vanderbilt Journal of Transnational Law
In examining significant trends in American trust law, several observations are worth mentioning at the outset. First, trust law in the United States is primarily a matter of state law; thus, the trends discussed below may appear in some states but not in others. Second, procedural merger of law and equity in this country has been substantially accomplished in nearly all states, but this should not be understood as eliminating the importance of equitable doctrine and remedies. Third, without abandoning the basic definition of a trust as a fiduciary relationship, there appear to be subtle but practically significant departures from …
Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth
Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth
California Regulatory Law Reporter
No abstract provided.
Digital Recording Of Real Estate Conveyances, Dale A. Whitman
Digital Recording Of Real Estate Conveyances, Dale A. Whitman
Faculty Publications
The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.
Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman
Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman
UIC Law Review
No abstract provided.
Impact Of The Capital Markets On Real Estate Law And Practice, 32 J. Marshall L. Rev. 269 (1999), Michael H. Schill
Impact Of The Capital Markets On Real Estate Law And Practice, 32 J. Marshall L. Rev. 269 (1999), Michael H. Schill
UIC Law Review
No abstract provided.
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Scholarship Chronologically
While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …
The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon
The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon
Articles
No abstract provided.
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler
Law Faculty Articles and Essays
This Article begins with some historical background surrounding the Nazi pillaging of several family collections which may have found their way into American museums. The Article then focuses on what legal and equitable doctrines should be employed in the search for justice in ownership of art works in the United States. The Article advocates that American lawmust prevail. It must be modified to reject the due diligence rule for replevin. Replevin maintains that good intentions alone cannot abrogate the doctrine of bona fide purchaser: a thief can never pass clear title to stolen property to any subsequent transferee no matter …
Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick
Campbell Law Review
This article will highlight the countless instances in which the Planned Community Act deviates in material ways from both the Uniform Planned Community Act and the North Carolina Condominium Act. Many of these variances and omissions amount to a reinforcement of the power of the declarant and, eventually, the owners' association. In the abstract, many contribute to a fundamental shift in the balance of power from private property owners to private governments. Discussions and summaries of the Planned Community Act to date have not emphasized the numerous policy decisions that were consciously or indirectly made when the General Assembly enacted …
Nonagent Brokerage: Real Estate Agents Missing In Action, Patricia A. Wilson
Nonagent Brokerage: Real Estate Agents Missing In Action, Patricia A. Wilson
Oklahoma Law Review
No abstract provided.
The Innocent Buyer Of Art Looted During World War Ii, Michelle I. Tumer
The Innocent Buyer Of Art Looted During World War Ii, Michelle I. Tumer
Vanderbilt Journal of Transnational Law
This Note considers the legal issues relating to innocent buyers of looted art. After providing some historical background on the massive displacements of art that took place during World War II, the Note surveys recent developments, including the different types of disputes that have arisen in the past few years. It then provides a legal framework for analyzing one type of dispute, that of the innocent buyer of looted art.
Original owners face difficult evidentiary burdens and other litigation barriers, but law and policy nevertheless favor original owners above innocent buyers. In particular, courts have become increasingly impatient with the …