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Articles 1 - 30 of 44
Full-Text Articles in Law
"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham
"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham
Vanderbilt Law Review
It has become almost an article of faith that "fair market value"constitutes the only fair and workable measure of damages for a landowner whose real property has been taken for public use. The courts apply it woodenly;' the magic words are solemnly intoned to jurors, commissioners, and arbitrators. Even the learned scholars in the field give it at least implicit recognition. Moreover, it continues to flourish despite widespread public dissatisfaction with both the substantive test for damages and the procedures through which the land is obtained. The taking of private property for the federal interstate highway and urban renewal programs, …
The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper
The Walz Decision: More On The Religion Clauses Of The First Amendment, Paul G. Kauper
Michigan Law Review
The principal thrust of this Article is to determine the contribution made by the Walz decision to the body of ideas that has been developed by the Court in its application of the interdependent free exercise and establishment limitations of the first amendment, to point up any distinctively new emphases, and to suggest the implications of these new ideas and emphases for important cases coming before the Court at its 1970-1971 term.
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Residential Tenants And Their Leases: An Empirical Study, Warren Mueller
Michigan Law Review
Of particular interest is the application of this theory to residential leases, a classic example of the standard long-form contract. An abundance of traditional legal research and commentary has been devoted to the problem of disparity of bargaining power between the parties to a standard-form residential lease. The commentators have consistently called for reform measures to combat this problem. In order to adopt sensible and effective reform measures, however, it is first necessary to obtain factual data with which to test and clarify the reformers' underlying assumptions. Such data is virtually nonexistent, since, prior to the study described in this …
Landlord And Tenant - Retaliatory Evictions. Dickhut V. Norton, 45 Wisc. 2d 389, 173 N.W.2d 297 (1970), Michael E. Kris
Landlord And Tenant - Retaliatory Evictions. Dickhut V. Norton, 45 Wisc. 2d 389, 173 N.W.2d 297 (1970), Michael E. Kris
William & Mary Law Review
No abstract provided.
Condominiums In Washington, Jerry W. Spoonamoore
Condominiums In Washington, Jerry W. Spoonamoore
Washington Law Review
The development of the condominium concept is a direct response to the problems of urbanization, increased costs of land ownership and the necessity of utilizing the diminishing resource of land in an efficient fashion. This comment surveys problems of management, taxation, financing, liability and insurance, and the relationship of these problem areas to Washington's 1963 Horizontal Property Regimes Act. The author concludes that, though the ramifications of the Act have not as yet been tested in the courts, and though the task of drafting condomium documents is made difficult by significant areas of uncertainty in the law, hazards can be …
Eminent Domain—Impermissible To Base Market Value Of Condemned Land Solely On Capitalization Of Income Expected To Be Realized From Buildings On Which No Work Had Been Done As Of The Day Of Taking, John J. Ark
Buffalo Law Review
Arlen of Nanuet, Inc. v. State, 26 N.Y.2d 346, 258 N.E.2d 890, 310 N.Y.S.2d 465 (1970).
Retaliatory Eviction—Statute Prescribing Criminal Penalties For Landlord Reprisals Against Tenants Who Report Violations Of Housing Or Health Laws Held Constitutional, Larry Schapiro
Buffalo Law Review
State v. Field, 107 N.J. Super. 107, 257 A.2d 127 (App. Div. 1969).
Defending The Low-Income Tenant In North Carolina, Dale A. Whitman
Defending The Low-Income Tenant In North Carolina, Dale A. Whitman
North Carolina Central Law Review
No abstract provided.
Deeds--Estoppel By Deed--Void Deeds Not Given Effect By Estoppel, James R. Watson
Deeds--Estoppel By Deed--Void Deeds Not Given Effect By Estoppel, James R. Watson
West Virginia Law Review
No abstract provided.
Inequality In Real Property Tax Review, Adolph Koeppel
Inequality In Real Property Tax Review, Adolph Koeppel
Buffalo Law Review
No abstract provided.
Legal Methods Of Historic Preservation, Grace Blumberg
Legal Methods Of Historic Preservation, Grace Blumberg
Buffalo Law Review
No abstract provided.
The Federal-State Offshore Oil Dispute, James W. Corbitt Jr.
The Federal-State Offshore Oil Dispute, James W. Corbitt Jr.
William & Mary Law Review
No abstract provided.
Condominiums: Incorporation Of The Common Elements--A Proposal, John H. Bailery, Iii, Lawrence C. Ashby
Condominiums: Incorporation Of The Common Elements--A Proposal, John H. Bailery, Iii, Lawrence C. Ashby
Vanderbilt Law Review
Although the establishment of a common element corporation will provide the unit owners with some relief from major legal problems,close examination clearly reveals that such a proposal is not a ready cure for the condominium's many drawbacks. Among the proposal's chief benefits is the elimination of unlimited, joint and several liability for the unit owners. At the same time, responsibility for liability and casualty insurance coverage will be more clearly defined with the consequent elimination of double coverage. A variety of procedural questions will also be resolved since the corporation will be directly responsible for the common areas and facilities …
The Realities Of Contemporary Rental Agreements Require The Application Of Implied Warranty Of Habitability And Fitness As A Just And Necessary Implication From The Contractual Nature Of A Lease Of A Dwelling., V. Camp Cuthrell
St. Mary's Law Journal
Abstract Forthcoming.
Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom
Texas Statute Authorizes A Relocation Assistance Program To Compensate Owners When Moving From Property Taken In The Acquisition Of Right Of Way For Highways., P. Blake Hedblom
St. Mary's Law Journal
Abstract Forthcoming.
Property--Recovery For Improvements Mistakenly Made On The Land Of Another, James R. Watson
Property--Recovery For Improvements Mistakenly Made On The Land Of Another, James R. Watson
West Virginia Law Review
No abstract provided.
Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey
Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey
Law Faculty Research Publications
Over 65 cases were decided by Michigan courts during the Survey period dealing with some aspect of property law. Most of these cases raise property questions which are only incidental to nonproperty issues and, as a result, will not be discussed in this article. Similarly, those cases which have no precedential value, restate old law, or confirm an established trend are not considered worthy of discussion. Accordingly, in our judgment, only 16 property cases decided during the Survey period merit protracted attention.
The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts
The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Real Property, Roger Bernhardt
Real Property, Roger Bernhardt
Publications
"Real property" as a topic exists only in a law professor's mind. Practicing attorneys may specialize in representing title companies or developers or brokers or any of the other entrepreneurs who make their living in one way or another from real estate, but none of these lawyers would claim that his proper field of expertise is real estate per se. Consequently, any article on developments in the field of real property law really becomes a series of separate articles on developments in some real estate specialties, rather than a cohesive whole. I have tried, here, to cover the three specialties …
Zoning-Non-Conforming Use, 22 S.C. L. Rev. 844 (1970), Gerald E. Berendt
Zoning-Non-Conforming Use, 22 S.C. L. Rev. 844 (1970), Gerald E. Berendt
UIC Law Open Access Faculty Scholarship
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, Robert I. Reis
George Lefcoe, Land Finance Law: A Symposium Review, Robert I. Reis
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, A. Dan Tarlock
George Lefcoe, Land Finance Law: A Symposium Review, A. Dan Tarlock
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, William H. Ledbetter Jr.
George Lefcoe, Land Finance Law: A Symposium Review, William H. Ledbetter Jr.
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, William C. Prather
George Lefcoe, Land Finance Law: A Symposium Review, William C. Prather
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, Patrick J. Rohan
George Lefcoe, Land Finance Law: A Symposium Review, Patrick J. Rohan
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, Otto J. Hetzel
George Lefcoe, Land Finance Law: A Symposium Review, Otto J. Hetzel
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, Roger A. Cunningham
George Lefcoe, Land Finance Law: A Symposium Review, Roger A. Cunningham
Buffalo Law Review
No abstract provided.
George Lefcoe, Land Finance Law: A Symposium Review, Kenneth J. Guido Jr.
George Lefcoe, Land Finance Law: A Symposium Review, Kenneth J. Guido Jr.
Buffalo Law Review
No abstract provided.
Updating Virginia's Probate Law, Thomas S. Word Jr.
Updating Virginia's Probate Law, Thomas S. Word Jr.
University of Richmond Law Review
The estate of the average Virginian today is much more complex and diversified than the estate of the nineteenth century Virginia citizen, and consequently, problems of modem probate have become increasingly complicated. In 1870 the typical Virginian farmed, and land was the chief measure of his wealth. The farm, livestock, and household furnishings were normally the extent of his estate. Income and death taxes were unknown, and trusts were rare.
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
University of Richmond Law Review
The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, …