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- Institution
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- Maurice A. Deane School of Law at Hofstra University (17)
- Seattle University School of Law (13)
- University of San Diego (5)
- Fordham Law School (4)
- Vanderbilt University Law School (4)
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- Brigham Young University Law School (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- UIC School of Law (2)
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- Keyword
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- Growth Management Act (12)
- Growth management (12)
- Land use (8)
- Development regulation (5)
- Community reinvestment act (3)
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- Credit (3)
- Fifth Amendment (3)
- Land use regulation (3)
- Property (3)
- Takings (3)
- AB 1195 (2)
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- AB 2151 (2)
- AB 2293 (2)
- AB 647 (2)
- Building permits (2)
- Enforcement (2)
- Impact fees (2)
- Land development (2)
- Low income communities (2)
- Lucas v. South Carolina Coastal Council (2)
- Real Property (2)
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- Publication
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- Hofstra Property Law Journal (17)
- Seattle University Law Review (13)
- Fordham Urban Law Journal (4)
- California Regulatory Law Reporter (3)
- San Diego Law Review (2)
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- Touro Law Review (2)
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- Dalhousie Law Journal (1)
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- Maryland Law Review (1)
- Mercer Law Review (1)
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- Villanova Environmental Law Journal (1)
- Villanova Law Review (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
- William & Mary Environmental Law and Policy Review (1)
- William & Mary Law Review (1)
Articles 1 - 30 of 65
Full-Text Articles in Law
A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson
A Model Statute For The Development Of Oil And Gas Interests Held Under Joint Ownership, Curtis Anderson
BYU Law Review
No abstract provided.
Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman
Property, Federalism, And Jurisprudence: A Comment On Lucas And Judicial Conservativism, Frank I. Michelman
William & Mary Law Review
No abstract provided.
The Commercial Real Estate Laws Of The People's Republic Of China And Shenzhen: An Overview, David S. Kerzner
The Commercial Real Estate Laws Of The People's Republic Of China And Shenzhen: An Overview, David S. Kerzner
Vanderbilt Journal of Transnational Law
This Article surveys the changes in real estate laws that have occurred in China since 1980. It provides a comprehensive and specific overview of the foreign investment process, which should prove particularly useful to United States investors. The Article first provides general background on the evolution of Chinese real estate law, focusing on the granting and subsequent alienation of land use rights, as well as the recent development in the area of large parcels of land. The Article then examines the current state of real estate law in Guangdong Province, specifically in Shenzhen, and explains details such as transfer and …
Department Of Real Estate, P. Andronico
Department Of Real Estate, P. Andronico
California Regulatory Law Reporter
No abstract provided.
The Legal Implications Of Residential Radon Contamination: The First Decade, Robert D. King
The Legal Implications Of Residential Radon Contamination: The First Decade, Robert D. King
William & Mary Environmental Law and Policy Review
No abstract provided.
"Property" In The Fifth Amendment: A Quest For Common Ground In The Maze Of Regulatory Takings, David C. Buck
"Property" In The Fifth Amendment: A Quest For Common Ground In The Maze Of Regulatory Takings, David C. Buck
Vanderbilt Law Review
In 1922, the Supreme Court embarked on its first decision to protect property owners from unbridled, uncompensated government regulation. Prior to Pennsylvania Coal Co. v. Mahon, the courts applied the Just Compensation Clause of the Fifth Amendments only to "'direct appropriation[s]' of property ... or the functional equivalent of a 'practical ouster of [the owner's] possession.' " Mahon established that governmental regulation that affects an owner's use of his land may constitute a taking under the Fifth Amendment. In Mahon, Justice Holmes recognized the need for constitutional limits on the government's power to impair certain rights inherent in the ownership …
Mechanics' Liens: Creation, Perfection Or Enforcement In The Face Of A Stay, Robert H. Bowmar
Mechanics' Liens: Creation, Perfection Or Enforcement In The Face Of A Stay, Robert H. Bowmar
Hofstra Property Law Journal
No abstract provided.
Native American Graves Protection And Repatriation Act: Does It Subject Museums To An Unconstitutional "Taking", Daniel J. Hurtado
Native American Graves Protection And Repatriation Act: Does It Subject Museums To An Unconstitutional "Taking", Daniel J. Hurtado
Hofstra Property Law Journal
No abstract provided.
The Sound Marks The Song: The Dilemmas Of Digital Sound Sampling And Inadequate Remedies Under Trademark Law, Michael L. Baroni
The Sound Marks The Song: The Dilemmas Of Digital Sound Sampling And Inadequate Remedies Under Trademark Law, Michael L. Baroni
Hofstra Property Law Journal
No abstract provided.
Security Interests In Intellectual Property: Towards A Unified System Of Perfection, Lisa M. Vaccaro
Security Interests In Intellectual Property: Towards A Unified System Of Perfection, Lisa M. Vaccaro
Hofstra Property Law Journal
No abstract provided.
Reclaiming The Public Domain By Repeal Of The Mining Law Of 1872, Shelby D. Green
Reclaiming The Public Domain By Repeal Of The Mining Law Of 1872, Shelby D. Green
Hofstra Property Law Journal
No abstract provided.
Bily V. Arthur Young & Co.: An Unnecessary Return To Privity In Cases Of Auditor Negligence, William A. Sinacori
Bily V. Arthur Young & Co.: An Unnecessary Return To Privity In Cases Of Auditor Negligence, William A. Sinacori
Hofstra Property Law Journal
No abstract provided.
Forfeited And Delinquent Lands: Resolving The Due Process Deficiencies, Carla W. Tanner
Forfeited And Delinquent Lands: Resolving The Due Process Deficiencies, Carla W. Tanner
West Virginia Law Review
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.
Lucas V. South Carolina Coastal Council: Low Tide For The Takings Clause, Marshall Currey Cook
Lucas V. South Carolina Coastal Council: Low Tide For The Takings Clause, Marshall Currey Cook
Mercer Law Review
In Lucas v. South Carolina Coastal Council, the United States Supreme Court held that when a state government regulation rendered a landowner's property totally valueless, the landowner must be compensated unless common law nuisance doctrine at the time of the taking prohibited the use forbidden by the regulation. The Supreme Court reversed the South Carolina Supreme Court and remanded the case to determine whether any principles of nuisance and property law existed that prohibited the forbidden use under the statute-the building of an occupiable improvement. This Casenote will only address the court's analysis of the Takings Clause part of …
The Legal Framework For Private Sector Activity In The Czech Republic, Cheryl W. Gray
The Legal Framework For Private Sector Activity In The Czech Republic, Cheryl W. Gray
Vanderbilt Journal of Transnational Law
In this Article, Dr. Gray discusses the evolving legal framework in the Czech Republic as the government there moves from a socialist to a private market economy. The author traces the major legal developments, including the Republic's establishment of significant private property rights and of a modern commercial code. The author finds that the Republic has made significant strides in developing a private market economy and in facilitating foreign investment. Dr. Gray concludes, however, that the new laws face significant challenges, including a weak and immature judicial system and problems with addressing business failures.
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 …
Losing Sticks From The Bundle: Incompatibility Of Tenancy By The Entireties And Drug Forgeiture Laws, Barbara W. Sharp
Losing Sticks From The Bundle: Incompatibility Of Tenancy By The Entireties And Drug Forgeiture Laws, Barbara W. Sharp
Brigham Young University Journal of Public Law
No abstract provided.
The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek
The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek
Washington Law Review
In Lucas v. South Carolina Coastal Council, the United States Supreme Court established a two-part takings analysis. The first step is an "economically viable use" threshold question, subject to a nuisance exception. The second step is a balancing test in which courts weigh the public and private interests involved. Although this two-part analysis differs in structure from most lower court takings analyses, most courts already apply a functionally equivalent test. Therefore, unless the Court alters the unit of land to which it applies, this new analysis will have little effect on the outcome of takings challenges to land use regulations.
Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis
Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis
Florida State University Law Review
No abstract provided.
Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser
Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser
Dalhousie Law Journal
Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …
Residential Real Estate Transactions: The Aids Influence, Florise R. Neville-Ewell
Residential Real Estate Transactions: The Aids Influence, Florise R. Neville-Ewell
Hofstra Property Law Journal
No abstract provided.
Your Money And Your Life! Aids And Real Estate Disclosure Statutes, Michael Adam Burger, Lourdes I. Reyes Rosa
Your Money And Your Life! Aids And Real Estate Disclosure Statutes, Michael Adam Burger, Lourdes I. Reyes Rosa
Hofstra Property Law Journal
No abstract provided.
Caveat Misrepresenter: The Real Estate Agent's Liability To The Purchaser, Clarance E. Hagglund, Britton D. Weimer, Ronald S. Berman, Hubert R. Weiss
Caveat Misrepresenter: The Real Estate Agent's Liability To The Purchaser, Clarance E. Hagglund, Britton D. Weimer, Ronald S. Berman, Hubert R. Weiss
Hofstra Property Law Journal
No abstract provided.
The New York City Civil Forfeiture Law: Is It Going Too Far?, Julie A. Lefkowits
The New York City Civil Forfeiture Law: Is It Going Too Far?, Julie A. Lefkowits
Hofstra Property Law Journal
No abstract provided.