Law Commons^™

Value, Obligation And Cultural Heritage, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

Significant Trends In The Trust Law Of The United States, Edward C. Halbach, Jr.

Vanderbilt Journal of Transnational Law

In examining significant trends in American trust law, several observations are worth mentioning at the outset. First, trust law in the United States is primarily a matter of state law; thus, the trends discussed below may appear in some states but not in others. Second, procedural merger of law and equity in this country has been substantially accomplished in nearly all states, but this should not be understood as eliminating the importance of equitable doctrine and remedies. Third, without abandoning the basic definition of a trust as a fiduciary relationship, there appear to be subtle but practically significant departures from …

Department Of Real Estate, Christopher J. Fernandes, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Digital Recording Of Real Estate Conveyances, 32 J. Marshall L. Rev. 227 (1999), Dale A. Whitman

UIC Law Review

No abstract provided.

Impact Of The Capital Markets On Real Estate Law And Practice, 32 J. Marshall L. Rev. 269 (1999), Michael H. Schill

UIC Law Review

No abstract provided.

Of "Private Governments" And The Regulation Of Neighborhoods: The North Carolina Planned Community Act, Patrick K. Hetrick

Campbell Law Review

This article will highlight the countless instances in which the Planned Community Act deviates in material ways from both the Uniform Planned Community Act and the North Carolina Condominium Act. Many of these variances and omissions amount to a reinforcement of the power of the declarant and, eventually, the owners' association. In the abstract, many contribute to a fundamental shift in the balance of power from private property owners to private governments. Discussions and summaries of the Planned Community Act to date have not emphasized the numerous policy decisions that were consciously or indirectly made when the General Assembly enacted …

Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon

Scholarship Chronologically

While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …

Property In Context, Craig J. Albert

Seattle University Law Review

Now that Property has shrunk in most law schools to a single semester of three or four credit hours, Professors J. Gordon Hylton, David L. Callies, Daniel R. Mandelker, and my colleague, Paula A. Franzese, offer a new casebook, Property Law and the Public Interest to respond to the new environment.

The Missing Pieces Of The Debate Over Federal Property Rights Legislation, Richard Henry Seamon

Articles

No abstract provided.

The Stolen Museum: Have United States Art Museums Become Inadvertent Fences For Stolen Art Works Looted By The Nazis In Word War Ii?, Barbara Tyler

Law Faculty Articles and Essays

This Article begins with some historical background surrounding the Nazi pillaging of several family collections which may have found their way into American museums. The Article then focuses on what legal and equitable doctrines should be employed in the search for justice in ownership of art works in the United States. The Article advocates that American lawmust prevail. It must be modified to reject the due diligence rule for replevin. Replevin maintains that good intentions alone cannot abrogate the doctrine of bona fide purchaser: a thief can never pass clear title to stolen property to any subsequent transferee no matter …

The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim

Seattle University Law Review

This Comment will focus on the current problems of the ESA and suggest how the ESA can be rewritten to accommodate both environmental and private property interests. Section I will discuss procedure under the ESA. In Section II, the Comment examines the controversial "harm" definition frequently arising in ESA litigation. In Section III, the Comment will dispel the myth that the ESA is currently operating as originally intended and will discuss the reasons why private property owners criticize the current ESA. Section IV will examine a proposal for reauthorizing the ESA written by Senator Dirk Kempthorne (R-Idaho) that Congress failed …

How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold

Seattle University Law Review

Edward Rabin and Roberta Kwall had student learning in mind when they wrote Fundamentals of Modern Real Property Law. Rabin and Kwall's casebook is an attractive and effective road map for students as they journey through a course (and a body of legal principles and issues) that typically intimidates many law students in virtually every law school.

A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart

Seattle University Law Review

This essay will evaluate the Dukeminier and Krier Property casebook from this perspective: just how good a text is it for teaching new law teachers? The answer, it seems to me, is that their book is very well suited to this goal. Given that I have used the Dukeminier and Krier casebook (D&K casebook) for nine years now, my answer should not surprise the reader. Indeed, I think it is this aspect of the book (and perhaps a general inclination of teachers not to fix what ain't broke) that accounts for the extraordinary loyalty that many professors give to this …

The Old Chestnut Explored: Thoughts About The Survival Of Casner's Cases And Text On Property Long Past Its Prime, Barry Brown

Seattle University Law Review

The pedagogy of the Casner text-now often imitated-assumes a fractional approach to private property. The Hohfeldian bundle of rights rational for allocation and justification of property interests did not begin with Casner or Leach, but the fact that the first edition of the book bearing the combined authors' names appeared in 1947 and has been in continuous use since that time is a testament to the insight of its writers and to its timelessness. That the structure and themes of the text have been followed in a host of casebooks is, no doubt, the sincerest form of flattery

Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper

Seattle University Law Review

The authors’ claim is to a unique recognition of (1) “the interplay of common law, statutory and constitutional regimes,”(2) “the growing significance of non-land forms of property,” (3) “the emergence of environmental values,” and (4) “the central importance of public policy analysis to resolution of complex social problems.” This is certainly an approach that can benefit the first-year Property teacher whose course is set in a semester that may also contain courses focusing on positive law, like Civil Procedure, Administrative Law, Constitutional Law, or Criminal Procedure, as mine does.

Why Isn't This Man Smiling?, John W. Weaver

Seattle University Law Review

The books reviewed in this article represent five of the seventeen property casebooks in general circulation. These nine reviews of five books also demonstrate one of the continuing tensions for Property teachers. Property teachers not only face the usual problem of coverage versus depth (exacerbated by the cut in hours), but we also have the problem that Gertrude Stein posed for Oakland-that it sometimes seems as if there is no there.

Review: The Essence Of Property Law, Vada Waters Lindsey

Seattle University Law Review

Part II of this essay will outline my overall approach to teaching Property and the inherent challenges of the subject. Part III sets out the topics covered in my property classes and the relevance of the “bundle of rights” concept. Part IV describes my use of the problem method in teaching Property and counters the purported disadvantages of applying that method. That part also demonstrates the practical use of the problem approach. Part V examines the evolutionary nature of property law and looks at three areas of law: landlord and tenant relationships, the law of servitudes, and future interests.

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Seattle University Law Review

In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …

A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson

Seattle University Law Review

This casebook is organized along three main themes even though it has five major parts. The first two parts seem to me to focus on relative rights in property. The third part discusses transfer of property interests and assurances of title and the fourth discusses regulation of land use by private and public means. The majority of this essay will look at those themes and how they play out in the casebook and in my course. In the latter part of the essay, I will discuss some of the things I find most engaging about the book and why I …

Nonagent Brokerage: Real Estate Agents Missing In Action, Patricia A. Wilson

Oklahoma Law Review

No abstract provided.

The Innocent Buyer Of Art Looted During World War Ii, Michelle I. Tumer

Vanderbilt Journal of Transnational Law

This Note considers the legal issues relating to innocent buyers of looted art. After providing some historical background on the massive displacements of art that took place during World War II, the Note surveys recent developments, including the different types of disputes that have arisen in the past few years. It then provides a legal framework for analyzing one type of dispute, that of the innocent buyer of looted art.

Original owners face difficult evidentiary burdens and other litigation barriers, but law and policy nevertheless favor original owners above innocent buyers. In particular, courts have become increasingly impatient with the …

The Importance Of Identifying And Allocating Environmental Liabilities In The Sale Or Purchase Of Assets, Colleen E. Healy, Mark S. Hacker

Villanova Environmental Law Journal

No abstract provided.

Agricultural And Rural Zoning In Pennsylvania: Can You Get There From Here, John M. Hartzell

Villanova Environmental Law Journal

No abstract provided.

The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel

Seattle University Law Review

In light of the market's overall approval of the casebook, what follows can only be described as but one professor's views on why the Dukeminier and Krier property book works so well for so many and on where it does not work as well as it could.

Perpetuation Of Segregation: Toward A New Historical And Legal Interpretation Of Redlining Under The Fair Housing Act, 32 J. Marshall L. Rev. 617 (1999), Charles L. Nier Iii

UIC Law Review

No abstract provided.

Whistling Dixie: The Invalidity And Unconstitutionality Of Covenants Against Yankees, Alfred L. Brophy, Shubha Ghosh

Villanova Environmental Law Journal

No abstract provided.

Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Digital Recording Of Real Estate Conveyances, Dale A. Whitman

Faculty Publications

The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.

Suburbanization And Market Failure: An Analysis Of Government Policies Promoting Suburban Growth And Ethnic Assimilation, William E. Nelson, Norman R. Williams

Fordham Urban Law Journal

This article addresses the social history of suburbanization in America in the twentieth century by analyzing the relationship between government policy and suburbanization through a study of Nassau County, New York. In Part I, the authors compare examinations of the suburban housing market between 1920 and 1940 and post-World War II. Whereas the former was characterized by high mortgage foreclosure rates preventing land owners and builders from selling their property, the low mortgage foreclosure rates post-World War III advanced suburbanization. In Part II, the authors turn their focus to Nassau County’s transportation infrastructure and the insignificant impact it had on …

Attacks On Your Reputation: Potential Responses, Trevor C. W. Farrow

Articles & Book Chapters

This article describes the law of defamation, with advice to realtors who have been the subject of defamatory statements what recourse is available to them.