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University of Missouri School of Law

Faculty Publications

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Articles 1021 - 1044 of 1044

Full-Text Articles in Law

Secrecy And Real Property, Dale A. Whitman Jan 1978

Secrecy And Real Property, Dale A. Whitman

Faculty Publications

It is not unusual for owners of real property to wish to conceal from government or the public either the fact of their ownership or certain salient characteristics of the property they hold. The objective of this article is to consider the extent to which this desire for secrecy is supported by sound policy and American legal doctrine. It will focus on the civil recourse available to an owner of real property against private persons who, without the owner's knowledge and consent, reveal information about the ownership or physical characteristics of the property. The article will also consider whether the …

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Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer Jan 1978

Products Liability--Applicability Of Comparative Negligence To Misuse And Assumption Of The Risk, David A. Fischer

Faculty Publications

A trend is emerging to apply comparative negligence in strict products liability actions. This creates two serious difficulties. First is the question of how to compare the negligence of one party with the strict liability of the other party.

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State Regulation Of Alien Land Ownership, William B. Fisch Jan 1978

State Regulation Of Alien Land Ownership, William B. Fisch

Faculty Publications

In the 1970's, due to a number of factors only one of which is the new-found wealth of the oil-producing nations, the volume of foreign direct investment in the United States has increased dramatically. The magnitude of this capital inflow, while it is doubtless beneficial in many respects, has caused widespread alarm over the possibility of a loss of economic sovereignty. Over the last several years efforts have been made to establish a national system of control over such investment. These efforts are continuing, but so far without conspicuous success.

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Financing Condominiums And Cooperatives, Dale A. Whitman Jan 1977

Financing Condominiums And Cooperatives, Dale A. Whitman

Faculty Publications

This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …

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The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson Jan 1977

The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson

Faculty Publications

The installment land contract is rarely used in some states, but in many it is the predominant means of vendor financing of land sales. Much has been written about it, but nearly all of the literature focuses on the law of one particular state or another. Our purpose here is to provide a nationwide perspective, with particular attention to the states in which the contract has been widely used and extensively litigated. We propose to examine the reasons for the installment contract's popularity, its advantages and disadvantages, and the risks it presents to both vendor and purchaser.

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Fraudulently Induced Consent To Intentional Torts, David A. Fischer Jan 1977

Fraudulently Induced Consent To Intentional Torts, David A. Fischer

Faculty Publications

This article will first proceed with a brief discussion of the nature of consent, the origin and application of the Restatement rule, and the exceptions to the rule which limit its application. A detailed analysis of the cases will follow.

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A Reconsideration Of The Stock Market Exception To The Dissenting Shareholder's Right Of Appraisal, Robert H. Jerry Ii Apr 1976

A Reconsideration Of The Stock Market Exception To The Dissenting Shareholder's Right Of Appraisal, Robert H. Jerry Ii

Faculty Publications

Legislation has attempted to balance fairly the interests of the dissenting shareholder against the corporation's need to reorganize in response to changing economic conditions. The bull market that lasted through 1972 persuaded many drafters of corporate statutes that a dissenting shareholder's interests were adequately protected if he could sell his shares on the market. Accordingly, they promulgated the stock market exception to limit the situations in which the appraisal remedy might inhibit needed corporate flexibility. Low stock prices during 1973 and 19741 have generated a need to reassess this balancing of interests and to reconsider the desirability of the stock …

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Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem Jan 1976

Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem

Faculty Publications

This article, however, goes beyond the argument that education is one of the most valuable benefits which government in this country provides. The thesis of the article is that education is not only very important to millions of Americans, but that students have constitutionally protected liberty and property interests in their public educations and the courts should therefore require notice and hearing prior to the deprivation of these interests, even when the deprivation is for strictly academic reasons.

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The Design Of Videotape Systems For Legal Education, Dale A. Whitman, Gerald R. Williams Jan 1975

The Design Of Videotape Systems For Legal Education, Dale A. Whitman, Gerald R. Williams

Faculty Publications

Over the past 20 years in which videotape technology has been commercially available, considerable literature has offered encouragement and advice concerning its general educational applications. More recently, a developing body of literature, materials, and practices has brought videotape to the attention of legal educators. One of the chief impediments to realization of the full potential of videotape in legal education, however, is the lack of an adequate description of the necessary facilities and electronic equipment. This comment will discuss the basic uses of videotape in legal education and the physical facilities and equipment (including types, arrangement, and costs) that might …

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Products Liability--The Meaning Of Defect, David A. Fischer Jan 1974

Products Liability--The Meaning Of Defect, David A. Fischer

Faculty Publications

In the products liability area the pendulum has now swung back to the imposition of strict liability. This transition, beginning with the elimination of the privity requirement in negligence actions, continuing with the imposition of strict liability under a warranty theory, and culminating in the development of a tort theory of recovery in strict liability, has been well-documented.

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Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis Jan 1974

Groundwater Pollution: Case Law Theories For Relief, Peter N. Davis

Faculty Publications

This article will describe how the courts have utilized the common law to deal with the groundwater pollution problem. I have attempted to examine every groundwater pollution case reported in the United States, England, Ireland, Scotland, Canada, Australia and New Zealand.10 All of them, a total of 203, are listed in the Appendices. The purpose of this article is to analyze those cases to determine what rule the courts tend to use in particular kinds of groundwater pollution cases.

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Notice, Costs, And The Effect Of Judgment In Missouri's New Common-Question Class Action, William B. Fisch Jan 1973

Notice, Costs, And The Effect Of Judgment In Missouri's New Common-Question Class Action, William B. Fisch

Faculty Publications

On December 1, 1972, the Missouri Supreme Court greatly expanded the potential usefulness of the class action device in our state courts by adopting the most recent version of the federal class action rule.

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Optimizing Land Title Assurance Systems, Dale A. Whitman Jan 1973

Optimizing Land Title Assurance Systems, Dale A. Whitman

Faculty Publications

There is little unanimity of viewpoint concerning the complex and controversial subject of real estate settlement costs. The diverse interests and pressure groups seem to agree, however, that the public land title records of most jurisdictions are disarrayed, complicated, and inefficiently organized. This observation has been made with such frequency and conviction that it appears beyond dispute, and it will not be contested here.

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Wells And Streams: Relationship At Law, Peter N. Davis Apr 1972

Wells And Streams: Relationship At Law, Peter N. Davis

Faculty Publications

Groundwater constitutes one of the major sources of water for municipalities, irrigators, and rural dwellers. Conflicts between groundwater users are bound to arise from time to time, as is evidenced by a recent Missouri case, Higday v. Nickolaus, discussed elsewhere in this issue.' Such conflicts may increase in frequency in the future as the demand for groundwater increases. Although a majority of cases will involve allocation of groundwater between users of that class of water, many groundwater diversion cases will involve adverse effects on the flow of water in streams. It is –to the latter situation that this article is …

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Theories Of Water Pollution Litigation, Peter N. Davis Jan 1971

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.

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Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …

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Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

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Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.

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Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman Jan 1969

Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman

Faculty Publications

The recent opinions of the North Carolina appellate courts include a strikingly large proportion of eminent-domain cases. Two factors combine to explain the unusual frequency with which these cares are tried and appealed. The first is the elaborate activity of the federal government in funding local and state projects involving the acquisition of land. The Interstate Highway program probably accounts for the predominant portion of this activity, with other shares attributable to urban renewal, public housing, and airport improvement. When the more traditional activities of local government, such as street-widening and other public improvements, are added to the above list …

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Dakota Civil Code: More Notes For An Uncelebrated Centennial, William B. Fisch Jan 1968

Dakota Civil Code: More Notes For An Uncelebrated Centennial, William B. Fisch

Faculty Publications

In an earlier article in this journal, I sketched and discussed the Dakota Civil Code as originally drafted for New York by David Dudley Field, the historical and conceptual background into which the work was cast, and some of the departures made in the Code from what appear to have been then generally accepted common law classifications, terminology and substantive rules. In this sequel I propose to consider the history of the Code after its completion in 1865 by Field's commission, concentrating on three jurisdictions: New York, where it was rejected after twenty-five years of wearying debate, amendment, parliamentary maneuver, …

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Australian And American Water Allocation Systems Compared, Peter N. Davis Jan 1967

Australian And American Water Allocation Systems Compared, Peter N. Davis

Faculty Publications

Amid general plenty, local and regional shortages of water have appeared in the eastern United States.1 These shortages are largely the result of intense concentrations of water demand on the more important rivers-rivers which, for the most part, are heavily polluted This problem is heightened by the fact that the location of major population and industrial centers has only partially depended on availability of water supplies. In many areas, local surface and ground water supplies are inadequate and water must be imported to make up the deficit." Moreover, demands on water supplies for supplementary irrigation, for hydro-electric power, and for …

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Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman Jan 1967

Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman

Faculty Publications

During the 1967 session of the North Carolina General Assembly, the legislators made a novel excursion into the realm of conflict of laws, modifying the state's traditional rule of lex loci delicti as it applies to spousal immunity. The purpose of this comment is to explore the legal background and examine the possible effects of the new statute, and to consider its implications for existing choice-of- law doctrine. At common law, neither spouse could bring an action against the other for negligently inflicted injury. Such a rule leads to a good deal of manifest injustice, and it has been abandoned …

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Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch Jan 1966

Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch

Faculty Publications

This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.

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Legal Aid Program For North Dakota, William B. Fisch Jan 1966

Legal Aid Program For North Dakota, William B. Fisch

Faculty Publications

Since the summer of 1965, the State Bar Association of North Dakota, through a special subcommittee on Legal Aid and Defense of Indigents and its standing committee on the same subject,1 has been investigating the need for legal aid in North Dakota, possible sources for funds to finance legal aid programs in the state, and possible forms which a program might take to meet the need. As a result of these investigations, a proposal has been prepared by the committee for submission to the Legal Services Program of the Office of Economic Opportunity (headed by Mr. Bamberger), for federal funds …

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