Law Commons^™

An Analysis Of The Texas Condominium Act: Maintenance And Operation Of A Condominium Project., Faye M. Bracey

St. Mary's Law Journal

Abstract Forthcoming.

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Real Property, George A. Pindar

Mercer Law Review

One who reads the judicial output of Georgia's appellate courts for the past decade can certainly be impressed with the high quality of the writing often found in these pages. We can understand why much of it goes unnoticed on the national scene, since other courts and law teachers are programmed by long tradition to look largely to the Northeastern States for legal scholarship. But we now find a stirring trend toward more progressive thinking and impatience with outworn platitudes in both appellate courts, as illustrated in some of the rulings discussed below.

Country Club Apartments V. Scott: Exculpatory Clauses In Leases Declared Void, Mitchell O. Moore

Mercer Law Review

In Country Club Apartments, Inc. v. Scott, the Georgia Supreme Court held that exculpatory provisions in leases are void as against public policy. The Georgia Supreme Court affirmed the judgment of the court of appeals upholding the denial of the defendant's motion for judgment on the pleadings

Access To The Sun: A Legal Survey, Lawrence D. Engle

In the Public Interest

No abstract provided.

Property–Dower–Specific Performance Is Allowed, Charles Clifford Gibson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner

Vanderbilt Law Review

In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.

Zoning Law In Arkansas: A Comparative Analysis, Robert R. Wright

University of Arkansas at Little Rock Law Review

No abstract provided.

Implied Warranty Of Habitability And Security In Residential Leases: Trentacost V. Brussel, Daniel M. Livingston

BYU Law Review

No abstract provided.

Installment Land Contracts: Developing Law In Virginia

Washington and Lee Law Review

No abstract provided.

Ownership Of Coalbed Gas: United States Steel Corp. V. Hoge, Richard H. Lorensen

West Virginia Law Review

No abstract provided.

Uslta: Marketable Record Title Act - A New Title Theory And Its Effect On Texas Law., Sue Ortman

St. Mary's Law Journal

Abstract Forthcoming.

Open Space Taxation And State Constitutions, David A. Myers

Vanderbilt Law Review

this Article will first examine the theoretical function and form of state constitutions. This analysis can in turn be used to develop criteria for evaluating the content of these open space amendments. These criteria can then be used to suggest alternative methods of constitutional change that will allow state governments to respond most effectively to contemporary problems in the taxation of real property.

... This Article has been concerned with the various justifications for putting open space taxation provisions in state constitutions. It should be noted, however, that these amendments can have important negative effects on state constitutional law. Because …

Preservation Law 1979-1980: Faction, Property Rights, And Ideology, James P. Beckwith Jr.

North Carolina Central Law Review

No abstract provided.

Zoning—Judicial Enforcement Of The Duty To Serve The Regional Welfare In Zoning Decisions—Save V. City Of Bothell, 89 Wn. 2d 862, 576 P.2d 401 (1978), Michael H. Rorick

Washington Law Review

After briefly noting the background of relevant Washington law, Part I of this note analyzes the SAVE court's reasoning to reveal indications of an underlying interventionism in its review of the rezone. Part II assesses the problems of such judicial intervention, first in the exclusionary zoning cases relied upon by the SAVE court for its regional welfare standard, and then in the context of zoning actions with the kind of extralocal environmental impacts presented by SAVE. Finally, arguments favoring increased judicial intervention are presented. The note concludes that there are both practical and doctrinal justifications for heightened judicial scrutiny of …

The New Property Of The Nineteenth Century: The Development Of The Modern Concept Of Property, Kenneth J. Vandevelde

Buffalo Law Review

No abstract provided.

Real Estate And Unconventional Securities Under The Arkansas Securities Act, Harvey L. Bell

University of Arkansas at Little Rock Law Review

No abstract provided.

Enforcing Money Judgments Against Personal Property In Virginia, Ralph G. Santos

William & Mary Law Review

No abstract provided.

The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1979

West Virginia Law Review

No abstract provided.

The Rights Of An Illegitimate Child Post - Gomez V. Perez: A Legitimate Situation., Deborah J. Venezia

St. Mary's Law Journal

Throughout Texas history the legal status of illegitimacy has prevented an illegitimate child from enjoying the right of parental support guaranteed to a legitimate child. The United States Supreme Court’s decision in Gomez v. Perez rendered unconstitutional the denial of an illegitimate child’s right to parental support on the basis of his illegitimacy. In response to Gomez, the Texas Legislature enacted Chapter 13 of the Texas Family Code (TFC) which provides for voluntary legitimation of an illegitimate child by the father. Section 13.01 gave an illegitimate child, whose natural father did not voluntarily acknowledge paternity, procedure to establish the parent-child …

The Constitutionality Of Real Estate Attachments

Washington and Lee Law Review

No abstract provided.

The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter

St. Mary's Law Journal

The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …

Aboriginal Title, Alaskan Native Property Rights, And The Case Of The Tee-Hit-Ton Indians, Steven John Bloxham

American Indian Law Review

No abstract provided.

Kentucky Law Survey: Real Property, John T. Bondurant, David E. Arvin

Kentucky Law Journal

No abstract provided.

Our Land Is Your Land: Ineffective State Restriction Of Alien Land Ownership And The Need For Federal Legislation, 13 J. Marshall L. Rev. 679 (1980), Ronald L. Bell, Jonathan D. Savage

UIC Law Review

No abstract provided.

Petersen V. Hubschman Construction Company - The Implied Warranty Comes Of Age In Illinois New Housing, 13 J. Marshall L. Rev. 769 (1980), Randall F. Clark

UIC Law Review

No abstract provided.

The Present Status Of Compensation By Foreign States For The Taking Of Alien-Owned Property, Mark K. Neville, Jr.

Vanderbilt Journal of Transnational Law

Perhaps no other exercise of the prerogatives of national sovereignty during the past two decades has proven so divisive to the community of nations or created quite as much uncertainty in international commerce as the taking of an alien investor's property by host States. Certainly these takings have contributed mightily to the intensity of the confrontation between the Third World and the developed nations. As a result of these confrontations the line has been clearly drawn between the industrialized nations and those developing countries of the Third World that subscribe to the precepts of the New International Economic Order, an …

Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian

Villanova Law Review

No abstract provided.