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Articles 1 - 30 of 66
Full-Text Articles in Law
Sale And Lease Of Mecca Real Estate In The Islamic Jurisprudence
Sale And Lease Of Mecca Real Estate In The Islamic Jurisprudence
UAEU Law Journal
The researcher clarifies in the beginning of his study the historic importance of Mecca and its value to Muslims where the second Kiblah is located and being the destination of all Muslims who go for pilgrimage and the minor hajj every year. The researcher also exposes to the major problems that face Mecca visitors such as high rents specialty during the pilgrimage and minor hajj seasons proposing various solutions. Then clarifies the origin of dispute about selling and lease of Mecca's real estate in the Islamic jurisprudence identifying the two basis on which the dispute arouse. The researcher further moves …
Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard
Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard
Journal of Civil Law Studies
No abstract provided.
Economic Analysis Of Jewish Law, Keith Sharfman
Economic Analysis Of Jewish Law, Keith Sharfman
Touro Law Review
No abstract provided.
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Public Land & Resources Law Review
In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.
The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease., Laura H. Burney
St. Mary's Law Journal
This Article discusses the implications of Heritage Resources, Hyder, and several Louisiana cases on the “post-production costs” issue in gas royalty clauses, as well as the fate of implied covenants in the shale era. To better understand that issue, this Article first provides a background on the interaction of express lease clauses and the doctrine of implied covenants. This discussion reveals that implied covenants are relegated to a minor role in light of extensive express clauses in Shale Era leases because courts frequently view express or “plain” terms as barring implied covenants. The problem, however, as commentators have noted—particularly regarding …
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho
Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho
Texas A&M Journal of Property Law
Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements …
Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal
Marquette Law Review
The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa
Georgia Journal of International & Comparative Law
No abstract provided.
Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels
Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels
Georgia Journal of International & Comparative Law
No abstract provided.
“We Buy Houses”: Market Heroes Or Criminals?, Cori Harvey
“We Buy Houses”: Market Heroes Or Criminals?, Cori Harvey
Missouri Law Review
The residential sale/leaseback/buyback (“RSLB”) transaction is a socially beneficial foreclosure rescue transaction that is being regulated increasingly by the criminal courts to the detriment of the homeowners, investors, and society at large. Because the transaction is being regulated more aggressively with the criminal law, peculiar outcomes arise, which include investors being sentenced, in some cases, to draconian sentences – a trend that will eviscerate the transactions rather than improving them.
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary
University of Massachusetts Law Review
Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product …
Perpetuating Property: Exploitative Businesses, The Urban Poor, And The Failure Of Reform., David Ray Papke
Perpetuating Property: Exploitative Businesses, The Urban Poor, And The Failure Of Reform., David Ray Papke
The Scholar: St. Mary's Law Review on Race and Social Justice
Rent-to-own outlets, payday lenders, and title pawns should be banned. These industries exploit the urban poor by trapping them into a ceaseless debt cycle and are making the urban poor even poorer. Title pawns provide high-interest loans if would-be borrowers can produce the title to a motor vehicle. Payday lending allows consumers to get cash to buy commodities but are charged high interest rates. The rent-to-own business plays into the idea that consumer goods bring happiness and deceives urban poor with a way to close the gap in order to claim some degree of status. The urban poor who shop …
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
Top Leases And The Rule Against Perpetuities, J. Suzanne Hill
Top Leases And The Rule Against Perpetuities, J. Suzanne Hill
Pepperdine Law Review
The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Kendall V. Ernest Pestana, Inc.: Landlords May Not Unreasonably Withhold Consent To Commercial Lease Assignments, Byron R. Lane
Pepperdine Law Review
No abstract provided.
The Department Of The Interior's Final Rule Allots American Indians More Freedom To Lease Land For Residential, Commercial, And Renewable Energy Development In Order To Improve American Indians' Economic Condition, Jeffrey Crockett
University of Baltimore Journal of Land and Development
No abstract provided.
It's The End Of The World As We Know It (And I Feel Fine): Rent Regulation In New York City And The Unanswered Questions Of Market And Society, Guy Mcpherson
Fordham Law Review
No abstract provided.
Rejection Versus Termination: A Sublessee's Rights In A Lease Rejected In A Bankruptcy Proceeding Under 11 U.S.C. § 365(D)(4), Vivek Sankaran
Rejection Versus Termination: A Sublessee's Rights In A Lease Rejected In A Bankruptcy Proceeding Under 11 U.S.C. § 365(D)(4), Vivek Sankaran
Michigan Law Review
When a party files for bankruptcy under chapter 11 of the United States Code, the court typically appoints a trustee to handle all of the party's financial obligations. The trustee's responsibilities include investigating the financial condition of the debtor, the operation of the business, the desirability of continuing the business, and any other matter relevant to the disposition of the bankrupt estate. If a bankrupt party holds a commercial lease, the trustee possesses two options for dealing with the lease. One option is to reject the lease, which ends the bankrupt party's obligation to adhere to the provisions of the …
The Next Step In The Evolution Of The Implied Warranty Of Habitability: Applying The Warranty To Condominiums, Christopher S. Brennan
The Next Step In The Evolution Of The Implied Warranty Of Habitability: Applying The Warranty To Condominiums, Christopher S. Brennan
Fordham Law Review
No abstract provided.
Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp.
Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp.
Touro Law Review
No abstract provided.
Commercial Code Leases: Provide Regulations Relating To Leases Of Goods, Sarah B. King
Commercial Code Leases: Provide Regulations Relating To Leases Of Goods, Sarah B. King
Georgia State University Law Review
The Act amends Georgia's Commercial Code to add a new Article 2A, designed to uniformly and comprehensively address the legal issues raised by leasing transactions in goods. This addition to Georgia's Commercial Code follows Article 2A of the Uniform Commercial Code as amended in 1990.
Private Property And Russia's Leap Of Faith., Douglas R. Haddock
Private Property And Russia's Leap Of Faith., Douglas R. Haddock
St. Mary's Law Journal
Popular notions of property are enshrined in constitutional protections which seem to make quite clear society’s emphasis on the individual’s preeminence in matters of property. Americans have never been able to accept the “socialist ownership” notions of the Soviet Union and other socialist countries as a viable scheme of property. It is probably irrefutable that the application of socialist ownership principles in the Soviet Union has been less efficient than the American model of private ownership. Yet, it is reactionary to entirely condemn the idea of socialist ownership and conclude the downfall of the Soviet Union proved the “rightness” of …
Julian V. Christopher: New Standards For Landlords' Consent To Assignment And Sublease, Jon M. Laria
Julian V. Christopher: New Standards For Landlords' Consent To Assignment And Sublease, Jon M. Laria
Maryland Law Review
No abstract provided.
"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan
"Warranty Of Security" In New York: A Landlord's Duty To Provide Security Precautions In Residential Buildings Under The Implied Warranty Of Habitability, Christine Hagan
Fordham Urban Law Journal
Although New York lower courts have held that security precautions are an essential element in making an apartment habitable, the New York Court of Appeals has not yet spoken on this issue. Therefore, in the absence of legislative clarification, the extent of security mandated under New York's warranty of habitability is uncertain. This Note examines the development of the warranty of habitability to include security precautions and discusses the status of a "warranty of security" in New York. The Note then proposes guidelines to determine whether a New York landlord has breached a duty to provide adequate security under section …
An Examination Of Real Estate Purchase Options, Ronald Benton Brown
An Examination Of Real Estate Purchase Options, Ronald Benton Brown
Nova Law Review
A purchase option gives the optionee the choice whether or not to purchase property at certain terms.
New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers
New York Debates Commercial Rent Control: Designer Ice Cream Stores Versus The Corner Grocer, John J. Powers
Fordham Urban Law Journal
This Note will review the history of commercial rent regulation in New York City and examine existing commercial rent regulation proposals, both in terms of their underlying goals and their methods of operation. The Note will argue that, as a matter of general economic and public policy, the legislature should not enact commercial rent regulations. In light of these policy considerations, the Note will then examine specific conclusions of the Commission in its Final Report and its assessment of proposed strategies to deal with the problem related to the escalation of commercial rents for small businesses and neighborhood consumers in …
Landlord-Tenant—Forcible Entry And Detainer - Statutory Prohibition Of Landlord Self-Help Remedies, Reneé Sims Dale
Landlord-Tenant—Forcible Entry And Detainer - Statutory Prohibition Of Landlord Self-Help Remedies, Reneé Sims Dale
University of Arkansas at Little Rock Law Review
No abstract provided.
Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen
Landlord And Tenant—Landlord Has Duty To Employ Reasonable Security Measures To Avoid Foreseeable Criminal Attacks On Tenants, Mildred Havard Hansen
University of Arkansas at Little Rock Law Review
No abstract provided.