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Articles 1 - 17 of 17
Full-Text Articles in Law
Tax Consequences Of Restructuring Debt On Troubled Real Estate, Stefan F. Tucker
Tax Consequences Of Restructuring Debt On Troubled Real Estate, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
Real Property: 1991 Survey Of Florida Law, Ronald B. Brown
Real Property: 1991 Survey Of Florida Law, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill
Black, Brown, Poor & Poisoned: Minority Grassroots Environmentalism And The Quest For Eco-Justice, Regina Austin, Michael H. Schill
All Faculty Scholarship
No abstract provided.
Time And Property In The American Republican Legal Culture, Gregory S. Alexander
Time And Property In The American Republican Legal Culture, Gregory S. Alexander
Cornell Law Faculty Publications
Modern historians including J.G.A. Pocock and Gordon Wood have demonstrated the degree to which revolutionary American political discourse incorporated "civic republican" notions of virtue, property, and citizenship that promoted stable land ownership and active political participation. These historians also have argued that the republican view soon gave way to the now-dominant liberal view that champions the alienability of property and private over public life. Professor Alexander argues that this history is too neat. In fact, American republicanism contained unreconciled "dialectical" tensions—between individual rights and societal goals, stability of ownership and wealth redistribution, historical continuity and change—that, though now expressed in …
Real Property-Florida Supreme Court Survey, Ronald B. Brown
Real Property-Florida Supreme Court Survey, Ronald B. Brown
Faculty Scholarship
No abstract provided.
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Attorney Fees As Superfund Response Costs, K.K. Duvivier, Carolyn L. Buchholz
Sturm College of Law: Faculty Scholarship
Although other areas of natural resources law have been hit by hard times, the environ- mental area is burgeoning. The intricacies of the Comprehensive Environmental Response, Com- pensation and Liability Act (CERCLA or Super- fund), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), ensure attorney participation. Further- more, much of the fuel that drives CERCIA lit- igation is the presumption by many clients that their attorney fees are costs that can be re- covered as response costs under section 107 of CERCLA. 42 U.S.C. S 9607 (1983). Such an assumption may be a serious and costly …
Advocating Affordable Housing In New Hampshire: The Amicus Curiae Brief Of The American Planning Association In Wayne Britton V. Town Of Chester, 40 Wash. U. J. Urb. & Contemp. L. 3 (1991), Brian W. Blaesser, Susan Marie Connor, Eric Damian Kelly, Stuart Meck
Advocating Affordable Housing In New Hampshire: The Amicus Curiae Brief Of The American Planning Association In Wayne Britton V. Town Of Chester, 40 Wash. U. J. Urb. & Contemp. L. 3 (1991), Brian W. Blaesser, Susan Marie Connor, Eric Damian Kelly, Stuart Meck
UIC Law Open Access Faculty Scholarship
No abstract provided.
0529: John L. Allen Collection, 1784-1991, Marshall University Special Collections
0529: John L. Allen Collection, 1784-1991, Marshall University Special Collections
Guides to Manuscript Collections
Wheeling, West Virginia, lawyer. Papers consist of reproductions of deeds of property owned by George Washington and the will of Archibald McClean, all relating to property in what is now Ohio and Marshall Counties, West Virginia.
Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum
Choice Of Law And Succession To Wealth: A Critical Analysis Of The Ramifications Of The Hague Convention On Succession To Decedents' Estates, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons' is an exceptionally complex document with the avowed purpose of radically altering the choice of law rules in the succession field that have traditionally guided all common law jurisdictions as well as many civil law regimes. To date, the conflicts revolution that has engulfed other fields of law such as contracts and torts has barely intruded into the realm of property and succession law. In large part, this has been attributable to the nearly absolute adherence of judges and legislators to the relatively simple, straightforward …
A Reprise Of The Case Of Eads V. Brazleton, Barlow Burke
A Reprise Of The Case Of Eads V. Brazleton, Barlow Burke
Articles in Law Reviews & Other Academic Journals
For many first-year law students, the course in real property begins with the case of Eads v. Brazelton. The choice is well-considered, because the case allows the teacher to delve simultaneously into the laws of prior possession and finder's rights. Eads is a Mid-South version of Pierson v. Post, but thesuit is less shallow and the facts more appealing; something of value, other than a hunter's wounded pride, is at stake. Although decided in 1861, Eads continues to serve as authority for clearing title by abandonment. Additionally, the case enjoys renewed application for its rule of capture. Modern salvage cases …
The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez
The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez
Scholarly Articles
This Article advocates a wider judicial recognition of nuisance actions based on aesthetic considerations. Contrary to the majority of legal opinion to the contrary, it is argued that a right to enjoy property should include a right to be free from non-invasive aesthetic or visual nuisances. With modern real estate appraisal methods making it possible to express community aesthetic preferences in monetary terms, courts are now no longer prevented from using these tools in assessing injuries to real estate. Thus, determinations of aesthetic nuisance actions are not any more subjective than the current task of courts in the context of …
Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie
Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie
Faculty Publications
No abstract provided.
Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake
Status And Incentive Aspects Of Judicial Decisions, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman
Global Warming And Property Interests: Preserving Coastal Wetlands As Sea Levels Rise, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross
Deprizio's Honor: Lenders, Insider Guarantors And The Prisoners' Dilemma, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg
Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Intestate Succession In A Polygamous Society, Barry Cushman
Intestate Succession In A Polygamous Society, Barry Cushman
Journal Articles
The pursuit of polygamous unions by members of the Church of Jesus Christ of Latter-Day Saints in nineteenth-century Utah posed challenges for the law of the family unique in the annals of American legal history. The exotic familial relationships generated by plural marriages created novel and peculiar problems for the traditional law of intestacy. Mormon leaders, in an effort to avoid these problems, urged their polygamous brethren to make wills. Many polygamists, however, either neglected to plan their estates or were actively opposed to doing so. Mormon legislators accordingly sought to craft statutory schemes that would accommodate the peculiar inheritance …