Law Commons^™

Recent Developments Affecting Real Estate And Partnerships, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Barnhill V. Johnson And Payment By Check On The Eve Of Bankruptcy: Implications For The Real Estate Attorney, Lynda L. Butler

Popular Media

No abstract provided.

Real Property: 1992 Survey Of Florida Law, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Takings And The Post-Modern Dialectic Of Property, Gregory S. Alexander

Cornell Law Faculty Publications

Property, Credit, And Regulation Meet Information Technology: Clearance And Settlement In The Securities Markets, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

A Field Of Dreams Needs A History, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch

Journal Articles

No abstract provided.

The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Survey Of Illinois Law: Real Estate Finance, 16 S. Ill. U. L.J. 999 (1992), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

No abstract provided.

Private Property Investment, Lucas And The Fairness Doctrine, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

These remarks are not intended to advocate the interests of the new property rights movement. In fact, those advocates will be disappointed by what I say. Rather, I aspire to view the issue of real property regulation as broadly as possible, reaching beyond the jurisprudence of regulatory takings cases into the realms of real estate transactions law and comprehensive land use planning.

What Is Behind The "Property Rights" Debate?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …

The Tragedy Of The Commons, Part Two, James E. Krier

Articles

This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …

Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble

Articles

No abstract provided.

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.

Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured Court delivered an …

Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue

Law Faculty Publications

For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by publication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. The …

Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power

Faculty Scholarship

Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …

Parceling Out Land In Baltimore, 1632-1796, Garrett Power

Faculty Scholarship

No abstract provided.

Eminent Domain (Update), James E. Krier

Book Chapters

One of the most challenging and enduring puzzles in American constitutional law is how one distinguishes a compensable taking of power from a legitimate and noncompensable exercise of the police power. To suggest the Supreme Court’s approach to the question, Harry N. Scheiber, author of the Encyclopedia’s principal article on eminent domain, looked back and away from the Court to Chief Justice Lemuel Shaw of Massachusetts.

Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander

Cornell Law Faculty Publications

The 1990 revision of the Uniform Probate Code ("UPC") marks the second stage of probate reform in the second half of this century. The first stage was the adoption of the original UPC. While it included some changes in the substantive law of wills, its primary objective was to simplify probate procedure. The second stage, by contrast, focuses almost entirely on the substantive law of wills and will substitutes. It changes several of the primary rules of wills law, including the traditional rule requiring strict compliance with execution formalities. It also makes significant changes in the subsidiary rules of wills …

Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler

Faculty Publications

No abstract provided.

Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller

Faculty Scholarship

Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.

This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, …

Social-Republican Property, William H. Simon

Faculty Scholarship

Economic democracy is the idea that the norms of equality and participation that classical liberalism confines to a narrowly defined sphere of government should apply to the sphere of economic life. Economic democracy thus entails a challenge to the classical liberal notion of property. In classical liberalism, property defines a realm of private enjoyment. No particular property right is a prerogative of, or a prerequisite to, citizenship, and the exercise of property rights by those who have them is not assessed in political terms.

One alternative to classical liberalism responsive to the ideal of economic democracy is classical socialism. Classical …

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Zero-Sum Madison, Thomas W. Merrill

Faculty Scholarship

Has the fabric of American constitutional law been permanently "distorted" by the Framers' preoccupation with protecting private property against redistribution? Jennifer Nedelsky thinks so. In this provocative study of how the idea of property shaped the political thought of the Framers and the institutions they designed, she argues that James Madison's constitutional philosophy was driven by fear that a future propertyless majority would seek to expropriate the holdings of a minority. To combat this danger, Madison sought to create a structure of government that would ensure the dominance of the propertied elite. Madison's obsessive fear of redistribution spread to the …