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Articles 1 - 30 of 145
Full-Text Articles in Law
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
Michael P. Seng
No abstract provided.
Solar Rights In The United States, Sara Bronin
Solar Rights In The United States, Sara Bronin
Sara C. Bronin
Solar rights are legal rights needed to ensure that a piece of land has access to sunlight. These rights may be of interest to property owners seeking to undertake a variety of activities: farming, lighting, and clothes drying, to name a few. But perhaps the most economically significant purpose for which solar rights may be utilized is for the purpose of solar collectors. Such devices are used to harness the rays of the sun and transform them into thermal, chemical, or electrical energy. In an era of increasing deployment of solar collectors across the globe, the fair and efficient allocation …
Submission To Review Of The Retail Shop Leases Act 2994 (Qld), Tammy Johnson
Submission To Review Of The Retail Shop Leases Act 2994 (Qld), Tammy Johnson
Tammy Johnson
No abstract provided.
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright
Doing A Double Take: Rail-Trail Takings Litigation In The Post-Brandt Trust Era, Danaya C. Wright
Danaya C. Wright
After providing a brief explanation of railroad development, railbanking, the takings cases, and the Brandt Trust decision, this Article will explore the implications of each of these three legal issues at the heart of the takings disputes. What makes the decision in Marvin M. Brandt Revocable Trust v. United States particularly disappointing is not that the Court came to the wrong conclusion in its interpretation of the railroad’s interest in federally granted railroad rights of way (“FGROWs”) granted pursuant to the 1875 General Railroad Right of Way Act, but that its wrong interpretation adds all of the 1875 Act FGROW …
Reliance Interests And Takings Liability For Rail-Trail Conversions: Marvin M. Brandt Revocable Trust V. United States, Danaya C. Wright
Reliance Interests And Takings Liability For Rail-Trail Conversions: Marvin M. Brandt Revocable Trust V. United States, Danaya C. Wright
Danaya C. Wright
On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case,Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by the General Railroad Right of Way Act of 1875, which gave to any railroad, chartered by a state or territory, "[t]he right of way [200 feet wide] through the public lands of the United States." The 1875 Act was passed after a brief hiatus in congressional support for railroads following the era of lavish land grants between 1862 and 1871, in which over 94 …
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf
Michael A Wolf
The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …
Property: Quick Review Sum & Substance Series, Julian Juergensmeyer
Property: Quick Review Sum & Substance Series, Julian Juergensmeyer
Julian C. Juergensmeyer
Convenient and effective Sum and Substance audio series presents the essentials of real property law in a clear, succinct, time-saving format. Includes Quick Reference Indexing, allowing you to quickly locate all topics in the recording, and informed exam tips to maximize performance. Sections discuss, among others: study techniques, ownership, tenure, seisin, estates in land, future interests, reversion, remainders, title, powers of appointment, tenancy, marital property estates, landlord and tenant, assignment and subletting, easements, profits, licenses, land sales contracts, financing, deeds, covenants of title, estoppel by deed, recording acts, lateral and subjacent support, and public land use control.
Bitproperty, Joshua A.T. Fairfield
Bitproperty, Joshua A.T. Fairfield
Joshua A.T. Fairfield
Property is the law of lists and ledgers. County land records, stock certificate entries, mortgage registries, UCC filings on personal property, United States Copyright and Patent registries of interests in intellectual property, bank accounts, domain name systems, and consumers’ Kindle eBook collections in the cloud — all are merely entries in a list, determining who owns what.Each such list has suffered under a traditional limitation. To prevent falsification or duplication, a single entity must maintain the list, and users must trust (and pay) that entity. As a result, transactions must proceed at significant expense and delay. Yet zero or near-zero …
Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan
Dealing With Dirty Deeds: Matching Nemo Dat Preferences With Property Law Pragmatism, Donald J. Kochan
Donald J. Kochan
North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick
North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick
Patrick K. Hetrick
A mother, her daughter, and her son-in-law received title to a North Carolina home as joint tenants with right of survivorship. Little did the mother know that she was almost instantly destroying the newborn joint tenancy when, in order to finance the purchase price, she alone executed a mortgage note and deed of trust at the closing. When she died several years later with that mortgage loan in default, a legal dispute arose centered on whether "severance" of the joint tenancy had occurred. Following traditional joint tenancy law theory, the Court of Appeals decided somewhat reluctantly that the joint tenancy …
North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick
North Carolina's Reincarnated Joint Tenancy: Oh Intent, Where Art Thou, Daniel R. Tilly, Patrick K. Hetrick
Daniel R. Tilly
A mother, her daughter, and her son-in-law received title to a North Carolina home as joint tenants with right of survivorship. Little did the mother know that she was almost instantly destroying the newborn joint tenancy when, in order to finance the purchase price, she alone executed a mortgage note and deed of trust at the closing. When she died several years later with that mortgage loan in default, a legal dispute arose centered on whether "severance" of the joint tenancy had occurred. Following traditional joint tenancy law theory, the Court of Appeals decided somewhat reluctantly that the joint tenancy …
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Section 1983 Litigation: Supreme Court Review, Erwin Chemerinsky, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
Cuba: Open For Business, But Media Beware, Jodi Benassi
Cuba: Open For Business, But Media Beware, Jodi Benassi
Jodi Benassi
No abstract provided.
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Benjamin Geva
Upon an authorized sale of goods, the owner's ability to recover the price from the buyer can be explained either by his property in the goods or by a contractual relationship. This article deals with the right to recover the price in the context of an historical and theoretical analysis of the right to the proceeds of a sale at common law. It is suggested that property is the basis of this right, rather than a contractual nexus. Part I presents the sale of goods by an agent of an undisclosed principal as a model situation in which the right …
The Limits Of Charity: Redefining The Boundaries Of Charitable Trust Law, Trevor Farrow
The Limits Of Charity: Redefining The Boundaries Of Charitable Trust Law, Trevor Farrow
Trevor C. W. Farrow
No abstract provided.
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Jill M. Fraley
None available.
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
California Supreme Court Unanimously Upholds Inclusionary Zoning As Land Use Regulation And Not An Exaction, Tim Iglesias
Tim Iglesias
Local governments, housing advocates, and people who need affordable housing won a solid victory in the California Supreme Court's unanimous opinion in California Bldg. Indus. Ass'n v. City of San Jose. In a complex 64-page opinion that is clearly drafted and rigorously argued, the court held that inclusionary zoning is a constitutionally permissible strategy to produce affordable housing and to promote economic integration that is subject to rational basis review and not heightened scrutiny.
This article outlines the factual and legal background of the case and discusses the court's reasoning in reaching its decision, including the court's refusal to find …
El Dominio Fiduciario Como Propiedad Ad Tempus Y La Responsabilidad Civil Del Fiduciario, Marco Andrei Torres Maldonado
El Dominio Fiduciario Como Propiedad Ad Tempus Y La Responsabilidad Civil Del Fiduciario, Marco Andrei Torres Maldonado
Marco Andrei Torres Maldonado
No abstract provided.
Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills
Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills
Jon L. Mills
This Article analyzes some of the major Cuban and international legal issues confronting U.S. and Cuban claimants whose property was expropriated by the Cuban government. Part II reviews the history of the Cuban nationalizations and examines the historical development of the property protection provisions of the Cuban Constitution. Part III analyzes the implications of deciding which Cuban legal system should apply to the claims of expropriated property owners.
Part IV discusses the legal and procedural barriers to recovering expropriated property, focusing upon international law of claimant eligibility, abandonment of property, and compensation to expropriated investors. This Part also analyzes both …
In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii
In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii
Cecil J. Hunt II
No abstract provided.
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
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
Ronald Brown
Real estate sellers and their brokers were traditionally not required to disclose any information about property because the controlling doctrine was caveat emptor. The protection provided by that doctrine has gradually been eroded by judicial application of the theory of common law fraud, under which sellers are required to disclose conditions that the buyer could not be expected to discover by a diligent inspection, but which the seller knows or should know would materially affect the value of the property to the buyer. That disclosure obligation has been expanded in some states to the listing broker and the selling …
The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown
The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown
Ronald Brown
Law students generally think that American property law is a confusing mix of unconnected, inconsistent and nearly incomprehensible rules. In fact, an overview of property law reveals a recurring pattern. In numerous situations, a successor in title takes the place of his or her predecessor regarding rights and responsibilities that are related to ownership of that land. That process is called substitution because the successor is substituted for the predecessor regarding those rights and responsibilities. But sometimes substitution happens automatically and other times it happens only if that is the parties' intent. Automatic substitution seems to follow the pattern established …
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
Ronald Brown
No abstract provided.
Book Review, 18 J. Marshall L. Rev. 559 (1985), Ann Lousin
Book Review, 18 J. Marshall L. Rev. 559 (1985), Ann Lousin
Ann M. Lousin
No abstract provided.
A Glimpse Into The Realpolitik Of Federal Land Planning, In Comparative Context With The Mysterious Nlupa And The Czma, Zygmunt J.B. Plater
A Glimpse Into The Realpolitik Of Federal Land Planning, In Comparative Context With The Mysterious Nlupa And The Czma, Zygmunt J.B. Plater
Zygmunt J.B. Plater
There is an old adage that “those who fail to plan, plan to fail.” Planning is a fundamentally rational, basal process shared at some level and to some degree by all, establishing and implementing frameworks to guide our human actions toward the accomplishment of various desired and defined objectives. Thoughtfully designed and implemented planning is no less rational and essential for governmental entities than it is for corporations and individuals. This essay surveys an interesting comparison between two quite different federal approaches to directive land and resource management planning. On one hand, the analysis reviews the federal mandate for layered, …
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
203 N. Lasalle Five Years Later: Answers To The Open Questions, 38 J. Marshall L. Rev. 61 (2004), Paul B. Lewis
Paul Lewis
No abstract provided.
“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
“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
Maureen Straub Kordesh
No abstract provided.
The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins
The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins
Maureen B. Collins
No abstract provided.
Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations , Asmara Tekle Johnson
Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations , Asmara Tekle Johnson
Asmara M. Tekle
In an age of privatization of many governmental functions such as health care, prison management, and warfare, this Article poses the question as to whether eminent domain should be among them. Unlike other privatized functions, eminent domain is a traditionally governmental and highly coercive power, akin to the government’s power to tax, to arrest individuals, and to license. It is, therefore, a very public power. In particular, the delegation of this very public power to private, non-profit and charitable corporations has escaped the scrutiny that for-profit private actors have attracted in the wake of the U.S. Supreme Court’s decision in …
Foreground Principles, Timothy M. Mulvaney
Foreground Principles, Timothy M. Mulvaney
Timothy M. Mulvaney
The U.S. Supreme Court has declared for decades that, for Takings Clause purposes, property interests are not created by the Constitution but rather are determined by “existing rules or understandings that stem from an independent source such as state law.” However, the Court has exhibited a strong normative preference for a certain type of independent source — “background principles” of the common law — over others, namely state statutory and administrative law. This Article calls this preference into question. The Article develops a model to demonstrate the four basic categories, or quadrants, of takings decisions that extensive reliance on the …