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Property Law and Real Estate

1994

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Articles 61 - 89 of 89

Full-Text Articles in Law

Property Rights: A View From The Trenches, Michael A. Heller Jan 1994

Property Rights: A View From The Trenches, Michael A. Heller

Faculty Scholarship

How do governments create – or in some countries recreate - basic property rights that citizens demand in the transition to a market economy? My first comment, quite briefly, is on the debate within this Symposium on the relationship between constitutional reforms and the emergence of new property regimes. Second, I will comment on the counterintuitive property rights regime that is emerging from the "big bang" – the post-1989 collapse of the old socialist legal order in Central and Eastern Europe and the former Soviet Union and its replacement with a new, market-oriented system of property rights.

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Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, Ian Ayres, Eric Talley Jan 1994

Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, Ian Ayres, Eric Talley

Faculty Scholarship

It is a common argument in law and economics that divided ownership can create or exacerbate strategic behavior. For instance, when several persons own the land designated for a proposed stadium, individual sellers may "hold out" for a disproportionate share of the gains from trade. Alternatively, when building a public library would benefit multiple residents, individual buyers may "free ride" on the willingness of others to pay for its construction. Such transaction costs of collective action fall under a variety of analytic rubrics, including the "tragedy of the commons" and the theory of "public goods." Nonetheless, each example of market …

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Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …

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Jurisdiction Of The Supreme Court: Nestor V. Mcdowell Jan 1994

Jurisdiction Of The Supreme Court: Nestor V. Mcdowell

Touro Law Review

No abstract provided.

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Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr. Jan 1994

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.

University of Richmond Law Review

This article reviews some of the more significant cases and legislation affecting Virginia property law over the past year. The Virginia Supreme Court revisited a wide range of issues, including the level of visibility to which an adverse use must rise to establish title by adverse possession. The court also revisited the steps that a mechanic's lienor must take in order to protect his or her lien. Additionally, the court also explored some new issues, such as the applicability of the rule against perpetuities to a purchase option contained in a lease.

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Private Property Rights Legislation: The "Midnight Version" And Beyond, Kent Wetherell Jan 1994

Private Property Rights Legislation: The "Midnight Version" And Beyond, Kent Wetherell

Florida State University Law Review

No abstract provided.

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Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack Jan 1994

Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack

Washington and Lee Law Review

No abstract provided.

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The Concept Of Property In The Early Common Law, David J. Seipp Jan 1994

The Concept Of Property In The Early Common Law, David J. Seipp

Faculty Scholarship

“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical …

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Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski Jan 1994

Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski

UIC Law Review

No abstract provided.

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Zoning And Planning Litigation Procedures Under The Revised Pennsylvania Municipalities Planning Code, Jan Z. Krasnowiecki, L.B. Kregenow Jan 1994

Zoning And Planning Litigation Procedures Under The Revised Pennsylvania Municipalities Planning Code, Jan Z. Krasnowiecki, L.B. Kregenow

Villanova Law Review

No abstract provided.

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Refunding Residential Tenant Security Deposits: A Legislative Proposal For West Virginia, Billie L. Snyder Jan 1994

Refunding Residential Tenant Security Deposits: A Legislative Proposal For West Virginia, Billie L. Snyder

West Virginia Law Review

No abstract provided.

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Married Women And Property, Joan C. Williams Jan 1994

Married Women And Property, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Is Coverture Dead? Beyond A New Theory Of Alimony, Joan C. Williams Jan 1994

Is Coverture Dead? Beyond A New Theory Of Alimony, Joan C. Williams

Faculty Scholarship

No abstract provided.

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Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee Jan 1994

Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee

Cleveland State Law Review

Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.

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Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp. Jan 1994

Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp.

Touro Law Review

No abstract provided.

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The Public Housing Tenancy: Variation On The Common Law That Give Security Of Tenure And Control, Shelby D. Green Jan 1994

The Public Housing Tenancy: Variation On The Common Law That Give Security Of Tenure And Control, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article explores the character of the public housing tenancy, comparing it with the common law tenancy under private lease law and evaluating the degree to which private lease law will protect the interests of low-income families if current proposals to abolish existing in-kind housing programs are adopted. Part II of this Article traces the history of federally funded housing programs and describes the various strategies employed. Part III discusses the recent changes in modern private lease law and recounts the basic rights and obligations of the landlord and tenant, which define and govern the rights of low-income families under …

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Marshalling And The Personal Property Security Acts: Doing Unto Others…, Bruce Macdougall Jan 1994

Marshalling And The Personal Property Security Acts: Doing Unto Others…, Bruce Macdougall

All Faculty Publications

Where a senior creditor has access to two funds from the same debtor to satisfy its claims and the junior creditor has access to only one of these funds, it could be equitable to expect that the senior creditor satisfy itself out of the fund in which the junior creditor does not have an interest. Where a court makes an order based on this principle, it has invoked the doctrine of marshalling, sometimes called the two-fund rule.' Marshalling is an equitable doctrine and therein lies its strengths and weaknesses. Equity gives it its flexibility, adaptibility and utility. Equity also gives …

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Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford Jan 1994

Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford

Fordham Urban Law Journal

Dennis Coyle’s new book, Property Rights and the Constitution, is an important addition to the ongoing debate over the constitutional status of private property. Coyle selectively reviews important land use cases decided by the United States Supreme Court and various states in the post-New Deal era. More importantly, Coyle provides an ideological framework that illuminates several key strands in the constitutional jurisprudence of property law. Coyle traces the ebb and flow of competing attitudes toward property rights and regulation in a way that makes sense of the sometimes chaotic body of case law in this field. In the process, he …

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Mortgaging The American Dream: A Critical Evaluation Of The Federal Government's Promotion Of Home Equity Financing, Julia Patterson Forrester Rogers Jan 1994

Mortgaging The American Dream: A Critical Evaluation Of The Federal Government's Promotion Of Home Equity Financing, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article, I advocate elimination of federal promotion of home equity financing, recommending that the federal government permit home equity financing without encouraging it. In Part Il of this Article, I discuss some of the problems caused by federal promotion of home equity financing. While home equity loans carry a risk to the borrowers of losing their homes, homeowners cannot properly assess this risk due to their tendency to underestimate the probability of default and foreclosure. Homeowners who do lose their homes to foreclosure may be devastated, both financially and psychologically. Despite the risks of a home equity loan, …

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The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams Jan 1994

The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams

Faculty Publications By Year

No abstract provided.

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Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority Jan 1994

Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority

Touro Law Review

No abstract provided.

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Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit Jan 1994

Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit

UIC Law Review

No abstract provided.

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The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray Jan 1994

The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray

University of Richmond Law Review

Landlord-tenant law has undergone a major change since it was first developed in England in the Middle Ages. During feudal times, the lease was considered a conveyance of real property. The landlord transferred possession of the property and in return the tenant paid rent. The lease covenants existed independently of each other. Thus, if the landlord breached the lease, the tenant was not relieved of his obligation to pay rent. The landlord owed no obligation to the tenant other than the assurance of quiet enjoyment of the property. The tenant bore all the risk of the physical condition of the …

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Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar Jan 1994

Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar

Maryland Law Review

No abstract provided.

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Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier Jan 1994

Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier

Articles

In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …

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Property Rights: A View From The Trenches, Michael A. Heller Jan 1994

Property Rights: A View From The Trenches, Michael A. Heller

Articles

How do governments create - or in some countries recreate - basic property rights that citizens demand in the transition to a market economy? My first comment, quite briefly, is on the debate within this Symposium on the relationship between constitutional reforms and the emergence of new property regimes. Second, I will comment on the counterintuitive property rights regime that is emerging from the "big bang" - the post-1989 collapse of the old socialist legal order in Central and Eastern Europe and the former Soviet Union and its replacement with a new, market-oriented system of property rights.

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Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley Jan 1994

Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley

Seattle University Law Review

By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …

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Case Comment, United States V. James Daniel Good Real Property, Edward Lee Dec 1993

Case Comment, United States V. James Daniel Good Real Property, Edward Lee

Edward Lee

No abstract provided.

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Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin Dec 1993

Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin

Zygmunt J.B. Plater

No abstract provided.

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