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Full-Text Articles in Law
The Spatial: A Forgotten Dimension Of Property, Paul Babie
The Spatial: A Forgotten Dimension Of Property, Paul Babie
San Diego Law Review
This Article explores, such a spatial turn in the case of property theory requires further elaboration and exploration. First, analytically, the spatial turn can be used to reassemble what we already know about property to recognize expressly the spatial dimension of property, thus revealing what has always been there but which has rarely been named and discussed: property emerges from, exists in, and is replicated through space. Second, and equally important, normatively, revealing the spatial dimension adds context to the social understanding of property and thereby allows us to see and encourage further exploration of the role of property as …
Transition Relief For Tax Reform’S Third Rail: Reforming The Home Mortgage Interest Deduction After The Housing Market Crash, Nicholaus W. Norvell
Transition Relief For Tax Reform’S Third Rail: Reforming The Home Mortgage Interest Deduction After The Housing Market Crash, Nicholaus W. Norvell
San Diego Law Review
This Comment argues that Congress should—in this order of preference—eliminate the mortgage interest deduction, replace it with a credit, or substantially modify it, and that Congress can adopt any of these policies without substantial short-term fallout in the housing market. Part II of this Comment examines how the mortgage interest deduction works, its history, and its intended benefits. Part III scrutinizes the deduction’s inability to achieve its primary objective—increasing homeownership—and examines its negative effects on housing prices, household indebtedness, the environment, and wealth disparity. Accordingly, this Part argues that Congress should reform the deduction, discusses three basic options available for …
Private And Public Construction In Modern China, Gregory M. Stein
Private And Public Construction In Modern China, Gregory M. Stein
San Diego International Law Journal
During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …
Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina
Development Of Ukrainian Real Property And Mortgage Law: The American Perspective, Zhanna Bulkina
San Diego International Law Journal
Modern Ukrainian commercial law started to develop following the break-up of the Soviet Union in August 1991 and the reemergence of Ukraine as an independent democratic state. As a result of the break-up, in 1991 the new state of Ukraine inherited the jurisprudence, institutions and government of the former Ukrainian Soviet Socialist Republic. While Ukraine quickly shed its Soviet past by changing the communist names of streets and institutions, the transition was not as easy when it came to substantive changes in Ukrainian jurisprudence and legal thinking. Ukraine needed to develop its own system of law to establish an open …
Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas
Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas
San Diego International Law Journal
Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …
Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm
Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm
San Diego International Law Journal
This Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It …
The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol
The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol
San Diego International Law Journal
After a brief discussion on the history of REITs, this Article goes on to analyze their importance and role within the global and Asian economy. Next, the underlying motivations for legal amendments to the REIT structures are discussed, as well as the socio-economic benefits associated with coordinating liberal REIT legislation throughout Asia. Subsequently, this article analyzes the various regulatory aspects of the regimes in Japan, Singapore, Hong Kong, South Korea, Thailand and Malaysia. In exploring their shortcomings, comparisons are made to the highly successful United States REIT structure. Given the history of our nation's regime, it goes without saying that …
"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan
San Diego International Law Journal
With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …
Department Of Real Estate, Lisa J. Frisello, Rusty Nichols
Department Of Real Estate, Lisa J. Frisello, Rusty Nichols
California Regulatory Law Reporter
No abstract provided.
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.
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.
Department Of Real Estate, J. Corr
Department Of Real Estate, J. Corr
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, E. Schramm
Department Of Real Estate, E. Schramm
California Regulatory Law Reporter
No abstract provided.
Environmental Claims In Bankruptcy: It's A Question Of Priorities, Deborah E. Parker
Environmental Claims In Bankruptcy: It's A Question Of Priorities, Deborah E. Parker
San Diego Law Review
This Comment evaluates the proper treatment of environmental claims in bankruptcy. It analyzes criteria that courts have established for characterizing environmental claims and for determining their priority in bankruptcy. It examines the relationships between the trustee's abandonment power, the priority of environmental claims, and the determination of when a claim arises. The author suggests criteria for characterizing environmental claims and for determining their priority in bankruptcy, thus resolving conflicting case law and resulting in a uniform and consistent application of the Bankruptcy Code, environmental law, and Supreme Court precedent.
Department Of Real Estate, E. Schramm
Department Of Real Estate, E. Schramm
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, E. Schramm
Department Of Real Estate, E. Schramm
California Regulatory Law Reporter
No abstract provided.
Western Security Bank V. Beverly Hills Business Bank: The Vanishing Utility Of Letters Of Credit In Real Estate Transactions, Monte M. Brem
Western Security Bank V. Beverly Hills Business Bank: The Vanishing Utility Of Letters Of Credit In Real Estate Transactions, Monte M. Brem
San Diego Law Review
This Casenote discusses the implications of the California appellate court decision of Western Security Bank v. Beverly Hills Business Bank, decided in 1994. In this decision, the court held that the anti-deficiency statute precluding a deficiency judgment after a non-judicial foreclosure barred a creditor's draw on a letter of credit after a non-judicial foreclosure. The author concludes that this decision implies that a draw on a letter of credit before a non-judicial foreclosure would result in a loss of the lender's real property security. The possible repercussions of this decision upon the use of letters of credit in California real …
Department Of Real Estate, P. Andronico
Department Of Real Estate, P. Andronico
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, P. Andronico
Department Of Real Estate, P. Andronico
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, P. Andronico
Department Of Real Estate, P. Andronico
California Regulatory Law Reporter
No abstract provided.
California Code Of Civil Procedure Section 580b Revisited: Freedom Of Contract In Real Estate Purchase Agreements, Jamie O. Harris
California Code Of Civil Procedure Section 580b Revisited: Freedom Of Contract In Real Estate Purchase Agreements, Jamie O. Harris
San Diego Law Review
Section 580b of the California Code of Civil Procedure makes purchase-money deeds of trust in California "nonrecourse" by prohibiting any deficiency judgment following foreclosure. In Spangler v. Memel, the California Supreme Court created an exception to the antideficiency rule of section 580b where the seller subordinated the buyer's purchase-money deed of trust to a construction loan deed of trust that was subsequently foreclosed, leaving the seller without security. This Article suggests that upon analysis of Spangler, the judgment is a misconceived attempt to protect sellers as a "class" from certain risks of real estate development, even though sellers of developable …
Department Of Real Estate, M. Wakefield
Department Of Real Estate, M. Wakefield
California Regulatory Law Reporter
No abstract provided.
Formalizing Interspousal Transfers Of Real And Personal Property In California, Kim M. Seavey
Formalizing Interspousal Transfers Of Real And Personal Property In California, Kim M. Seavey
San Diego Law Review
In 1984, California had the simplest laws regarding interspousal transmutations of real and personal property of all community property states. Claiming that one's spouse had always referred to his or her separate property as "ours" could be enough for a court to find that a transmutation from separate to community property had occurred. In 1985, California enacted section 5110.730 of the Civil Code to help rid courts of litigation spawned by easy transmutation laws. By 1990, California's transmutation statute was considered the toughest of all community property states that allow interspousal transmutations. This Comment examines pre-1985 transmutation case law and …
Department Of Real Estate, M. Wakefield
Department Of Real Estate, M. Wakefield
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, M. Wakefield
Department Of Real Estate, M. Wakefield
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, T. Rellos
Department Of Real Estate, T. Rellos
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, T. Rellos
Department Of Real Estate, T. Rellos
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, T. Rellos
Department Of Real Estate, T. Rellos
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, N. Dela Rosa
Department Of Real Estate, N. Dela Rosa
California Regulatory Law Reporter
No abstract provided.
Department Of Real Estate, N. Dela Rosa
Department Of Real Estate, N. Dela Rosa
California Regulatory Law Reporter
No abstract provided.