Law Commons^™

The Law Of Water Allocation In The Southeastern States At The Opening Of The Twenty-First Century, Joseph W. Dellapenna

University of Arkansas at Little Rock Law Review

No abstract provided.

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.

Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades

Faculty Publications

No abstract provided.

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …

Alternative Ranch Experiments: Better Than The Blm, Edith Sanders

William & Mary Environmental Law and Policy Review

No abstract provided.

The Long And Winding Road Of Economic Loss Doctrine In Calloway V. City Of Reno, Gary Ashman

Nevada Law Journal

No abstract provided.

The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown

Faculty Scholarship

No abstract provided.

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.

Property Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.

Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova

Washington International Law Journal

Russia unambiguously established private land ownership when it adopted the 2001 Land Code, which, although limited to urban and commercial land, clarifies the concept of land ownership in general and allows foreign ownership of those lands. The Land Code permits security interests in commercial and industrial land, which should further stimulate Russia's commercial real estate market, an important component of a functioning market economy. Perhaps the greatest strength of the new Land Code is its provision for foreign ownership, which allows foreign investors to conduct business according to the Western standards without being forced to engage in bribery or other …

Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …

Sino-American Forum On Chinese Property Law (Speaker And Chair Of Panel), Joyce Palomar

Joyce Palomar

No abstract provided.

Difficulties In Achieving Coherent State And Local Fiscal Policy At The Intersection Of Direct Democracy And Republicanism: The Property Tax As A Case In Point, Mildred Wigfall Robinson

University of Michigan Journal of Law Reform

Professor Robinson explores the uneasiness present when acts of "direct democracy" through means of voter referenda and ballot initiatives conflict with the ideals of representative government, using fiscal matters, such as the property tax, as an example.

Part I explores the changes that have taken place in the last two decades in voter strategy and in patterns of judicial interpretation, briefly reviewing the history of the property tax focusing on taxpayer reaction to long overdue attempts at administrative reform, and showing how that effort indirectly contributed to the "taxpayer revolt. "It further examines how and why broad-scale attempts to utilize …

Summit Financial Holdings Redux, Roger Bernhardt

Publications

This article analyzes the California case Summit Financial Holdings v. Continental Lawyers where the borrower continues to make payments to the lender after it has assigned the note to a third person.

The Yield Spread Premium Controversy, Roger Bernhardt

Publications

This article discusses yield spread premiums and the split among the courts as to their validity under RESPA.

Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt

Publications

This article analyzes community property and separate property distributions on dissolution of marriage in California.

"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling

William & Mary Environmental Law and Policy Review

No abstract provided.

International Availability Of Title Assurance & Credit Enhancement (Presenter), Joyce Palomar

Joyce Palomar

No abstract provided.

Electronic Real Estate Records: A Model For Action, Arthur R. Gaudio

Faculty Scholarship

The legal, technological, and structural components are in place to allow the legal community to embark on the process of creating a uniform real property recording act. Certain jurisdictions have started the process by adopting various provisions allowing counties to implement electronic recording systems. These provisions are, however, disparate and inconsistent. Given the inconsistencies in the manner in which the electronic recording systems are developing, national commercial and lending practices would have a difficult time attempting to comply with all the possible permutations. In the near future, Fannie Mae, the Property Records Industry Association, and the Mortgage Industry Standards Maintenance …

Disestablishmentarianism Collides With The First Amendment: The Ghost Of Thomas Jefferson Still Haunts Churches, Mathew D. Staver, Anita L. Staver

Faculty Publications and Presentations

This history of church-state relations in the Commonwealth of Virginia date back to Thomas Jefferson and James Madison. Efforts by Jefferson and others to disestablish the state church may be likened to an army conquering a foreign enemy. The state established church was viewed as a remnant of the British government. Disestablishment was considered to be part of the ongoing Revolution. As this article will show, the methods of disestablishment included prohibiting the incorporation of churches, confiscating property, and limiting the amount of real and personal property that churches may own.

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.

"Caught Between A Rock And A Hard Place:" Fringe Landowners "Can't Get No Satisfaction." Is It Time To Rethink Annexation Policy In North Carolina?, Julia Sullivan Hooten

Campbell Law Review

No abstract provided.

Electronic Real Estate Documents: Context, Unresolved Cost-Benefit Issues And A Recommended Decisional Process, Sam Stonefield

Faculty Scholarship

This essay begins with a prediction: that electronic real estate documents will soon begin to replace paper documents in many, if not all, phases of residential real estate transactions. It describes the costs and benefits of electronic documents, and the many forces supporting and impeding their widespread adoption. It concludes by urging all those participating in the process to use their best efforts to address the obstacles and to work towards a successful transition to a world of electronic real estate transactions and electronic recording.

An Error In Methodology: Inclusion Of External Costs Of Sales In Property Valuations, Joel L. Terwilliger

Akron Tax Journal

Ironically, courts have upheld the protectionist policies behind the counterpart to the sales tax-the use tax. The application of the use tax serves the dual purpose of preventing the out of state migration of purchases of tangible personal property and to ensure a steady flow of revenue to the state treasury coffers. This dual purpose is based on a primary goal: to prevent avoidance of the sales tax. However, unlike sales taxes, use taxes paid on items of tangible personal property are not added to the value of the property for property tax assessments. This dichotomy presents serious problems for …

(When) Am Imy Borrower’S Keeper? Good Faith And Loan Workouts, Roger Bernhardt

Publications

This article deals with a California case involving alleged predatory lending and analyzes the duty of fair dealing and why lenders prefer an objective reasonableness standard to that of subjective good faith.

Exactions And Takings: San Remo Hotel V San Francisco, 2002, Roger Bernhardt

Publications

This article discusses a California Supreme Court decision which upheld an ordinance imposing the full cost of creating a replacement unit elsewhere on the property owner who wanted to covert a residential unit into a tourist unit.

Landlord Tort Liability: White V Contreras, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a landlord who covenants or undertakes to install a window screen—but fails to do so—may be liable to the tenant’s child who falls out the window.

Liens Reattaching After Foreclosure: Dmc V Downey Sav. & Loan, 2002, Roger Bernhardt

Publications

This article discusses a California case which held that when a former property owner reacquires it after foreclosure with a new purchase money loan, that lien has priority over the previously wiped-out junior lien that reattached to the property.

Nonrefundable Option Payments As Liquidated Damages: Allen V Smith, 2002, Roger Bernhardt

Publications

This article discusses a California case which held a residential purchase agreement labelling the buyer’s deposit as “nonrefundable purchase option” is unenforceable.

Recorded Notices That Are Not Burdens On Title: Elysian Inv. Group V Stewart Title. 2002, Roger Bernhardt

Publications

This article discusses a California case which held that a recorded notice that a residence was “substandard” was neither a defect in, nor a lien or encumbrance on the title under the title insurance policy.