Law Commons^™

Death Knell For The “Other Security” Deficiency Exception?, Roger Bernhardt

Publications

This article discusses the California purchase money antideficiency prohibition, and the “other security” exception to that rule.

Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Not Otherwise In Default, Roger Bernhardt

Publications

This article contrasts prepayment and late payment charges involved in a California case where a lender imposed a $115,000 prepayment charge because the mortgagor was late in an earlier installment payment.

Property Law: 1997 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

One Action Or One Exception: Bank Of America V Graves, Roger Bernhardt

Publications

This article discusses a California case where a junior creditor postponed its foreclosure proceedings in order to have the senior sale occur first in order to treat itself as a sold-out junior.

Solomonic Priority, Roger Bernhardt

Publications

This article discusses the effect on priority in California when a senior lender modifies its loan to capitalize arrearages without consent of the junior.

Trading Mortgages For Judgments Against Community Property, Roger Bernhardt

Publications

This article discusses the incompatibility between California Family Code sections that require the signature of both spouses to lease, convey, or encumber community real property, but also make the community property liable for the debts of either spouse.

Real Estate Brokers: Shouldering New Burdens, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

Property Rules As Remedies, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Prudence Or Paranoia?, Roger Bernhardt

Publications

This article discusses a California case that implicitly imposed a duty to inquire as to whether a recorded loan is inferior to another unrecorded and unknown loan.

The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham

Articles

No abstract provided.

Book Review: Public Choice Theory: A Unifying Framework For Judicial Activism, 110 Harvard Law Review 1161 (1997) (Reviewing Charles M. Haar, Suburbs Under Siege: Race, Space, And Audacious Judges(1996)), Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

An Implied Cause Of Action Under The Real Estate Settlement Procedures Act, Chris Sagers

Law Faculty Articles and Essays

This Note contends that consumers should have a private damages action under section 10. Part I discusses the method federal courts currently employ to determine whether a private cause of action should be recognized under a given federal statute. Part II applies this standard to section 10, and it argues that, although the federal courts currently exhibit a fairly restrictive attitude toward implication of remedies, an action should be implied under section 10 because the Real Estate Settlement Procedures Act of 1974 (RESPA) was enacted at a time when Congress relied on a more permissive judicial implication doctrine. Finally, Part …

Land Use Regulation And The Takings Clause: How Much Use Must An Owner Lose Before Being Entitled To Compensation Because The Government Has Taken The Property?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.

The Statutory And Constitutional Mandate For A No Surprises Policy, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power

Faculty Scholarship

No abstract provided.

Public Housing Privatization Using Section 8 Vouchers And I.R.C. Section 42 Low-Income Housing Tax Credits In Connection With The Use Of Lease To Purchase Options, 16 St. Louis U. Pub. L. Rev. 355 (1997), F. Willis Caruso, Mark Brennan

UIC Law Open Access Faculty Scholarship

No abstract provided.

Facing The Facts: An Empirical Study Of The Fairness And Efficiency Of Foreclosures And A Proposal For Reform, 30 U. Mich. J.L. Reform 639 (1997), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

Lenders view real estate foreclosures as too expensive and time consuming a process which needlessly increases the costs of making loans. Others complain that the foreclosure process fails to adequately protect the borrower's equity (the value of the property in excess of the debt secured by the property) in the mortgaged property. This article tests these views by gathering new data on the fairness and efficiency of the foreclosure process. Based on the data collected (which confirms some assumptions but disproves others), the author proposes a reform of the foreclosure process to promote the interest of both lenders and borrowers. …

Two- And Three-Dimensional Property Rights, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Condominiums, Reform, And The Unit Ownership Act, Robert G. Natelson

Faculty Law Review Articles

This article assesses the Montana Unit Ownership Act (UOA), the condominium statute adopted by the Montana legislature in the 1960s. Part II sketches the nature and history of condominium ownership. Part III provides the history, organization, language, and essential purpose of UOA. Part IV offers a philosophy for reform and concludes that the Montana legislature should amend the UOA rather than replace it. Part V makes detailed recommendations for such reform.

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Publications

No abstract provided.

Protecting The Environment: Finding The Balance Between Delaney And Free Play, Geoffrey C. Hazard Jr., Howard C. Kunreuther

All Faculty Scholarship

No abstract provided.

Withholding Tax On Phantom Gain, Alan Appel, Michael Hirschfield

Articles & Chapters

No abstract provided.

The Secret Lives Of The Four Horsemen, Barry Cushman

Journal Articles

"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars …

The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

The Takings Clause of the Fifth Amendment is famous for inspiring disagreement. More than one hundred years have passed since the Supreme Court departed from the original understanding of the clause and interpreted regulations as potentially falling within its ambit. Although the passage of time has established the principle that regulations can run afoul of the Takings Clause, the Court has been unable to offer a coherent vision of when compensation is required. Academic commentators also have failed to reach agreement on the issue, offering an enormous range of solutions to the takings question. The newest field of controversy involves …

Explaining The Pattern Of Secured Credit, Ronald J. Mann

Faculty Scholarship

Granting collateral to secure loans is a prominent feature of the U.S. economy, but, surprisingly, we do not understand how borrowers and lenders decide whether to engage in a secured or an unsecured transaction. In this Article, Professor Mann argues that existing theories of secured lending are inadequate because the theories' predictions have not been tested against empirical data. To understand the actual pattern of secured credit, Professor Mann interviewed more than twenty borrowers and lenders in various sectors of the economy. Based on the evidence gathered in these interviews, as well as on preexisting empirical studies, this Article develops …

Review Of Regulatory Takings: Law, Economics And Politics, By William A. Fischel, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews Regulatory Takings: law, Economics and Politics by William A. Fischel (1997).

William Fischel's Regulatory Takings confronts one of the most difficult and significant questions in constitutional law: how should courts determine which government regulations run afoul of the takings clause of the Fifth Amendment, which requires the government to provide compensation when it takes private property? Broadly read, the clause would bar government regulations with redistributive consequences, thus rendering the modern regulatory state unconstitutional. This reading, championed by Professor Richard Epstein, has achieved great prominence in academic and political debates, but the vast preponderance of judges and …

The Cathedral' At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Articles

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability' Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article-which, thanks to its subtitle, we shall call The Cathedral-has had a remarkable influence on our own thinking, as we tried to show in a recent paper2 This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …

The Takings-Puzzle Puzzle, James E. Krier

Articles

My aim here is to unpack the regulatory takings problem in a way that suggests why it is intractable. The idea is to reveal some of the different types of ambiguity necessarily entailed in takings cases. Seeing these ambiguities, we readily can understand why the doctrine in this area is so confused and confusing; why there is, in short, a "takings puzzle." To my mind, it is much more difficult to understand why anyone would expect matters to be otherwise. This oddity I call the "takings-puzzle puzzle."