Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the continued vitality of the community regime for regulating spousal property. Specifically, the article examines the American community property regimes in light of how they measure up against non-community property states in terms of creditor protection. The results are often surprising. The community regime grants creditors access to a variety of property for all manner of debts. For instance, the entirety of the community property, including the non-debtor spouse's wages, may be seized in some community property states for the other's premarital debts. That the non-debtor spouse has …
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Journal Articles
No abstract provided.
Property In-Laws, Nicole Stelle Garnett
Property In-Laws, Nicole Stelle Garnett
Journal Articles
My family's story will be familiar to those who have read Eduardo Pefialver and Sonia Katyal's engaging article, Property Outlaws. Robert Fowler was, according to their taxonomy, an "[a]cquisitive outlaw[]": he was a trespasser whose actions were "oriented primarily toward direct appropriation." Pefialver and Katyal contrast the self-interested acquisitive outlaw with the other-regarding "[e]xpressive out law[]," who trespasses as a form of conscientious objection, and the "intersectional outlaw[]," whose actions commingle acquisitive and expressive elements. According to Pefialver and Katyal, property outlaws are underappreciated because, in appropriate circumstances, they serve both "redistributive" and "informational" functions. That is, property outlaws both …