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- Property (6)
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- Publication
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- Publications (11)
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- Water and Growth in the West (Summer Conference, June 7-9) (5)
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Articles 1 - 30 of 45
Full-Text Articles in Law
The Integration Game, Abraham Bell, Gideon Parchomovsky
The Integration Game, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin
Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin
Scholarly Works
Georgia should resist the urge to join the parade of states that have overturned the Rule Against Perpetuities. We do not neet the dynasty trust in Georgia. The repeal of perpetuities laws ignores the reasons for the Rule Against Perpetuities and uncritically assumes that preserving family wealth in perpetuity is a desirable social goal. The Rule is still needed to prevent persons long removed from the current scene from tying up wealth without restriction and from unduly influencing the behavior of those living in the present. For background purposes, this Article reviews the legislative history of Georgia's Rule Against Perpetuities …
Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock
Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock
Water and Growth in the West (Summer Conference, June 7-9)
13 pages.
The Water Development-Growth Relationship: Case Studies, Edward F. Harvey
The Water Development-Growth Relationship: Case Studies, Edward F. Harvey
Water and Growth in the West (Summer Conference, June 7-9)
7 pages.
Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation
Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation
Water and Growth in the West (Summer Conference, June 7-9)
1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)
"Conference co-sponsor The William and Flora Hewlett Foundation."
Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.
Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)
Includes bibliographical references
The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …
Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi
Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi
Water and Growth in the West (Summer Conference, June 7-9)
10 pages.
Contains 1 page of references.
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Water and Growth in the West (Summer Conference, June 7-9)
18 pages.
Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Allan Wolf
Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Allan Wolf
UF Law Faculty Publications
This Article includes four parts: (1) a defense of the real property/personal property distinction for a post-deconstructionist legal world, (2) a review of difficulties common law courts have encountered when applying real property concepts to disputes over money and personalty, (3) an exploration of the "rhetorical mismatch" typified by Justice Sandra Day O'Connor's opinion in Eastern Enterprises, and (4) a respectful request for judges to resist the temptation to collapse categories and instead to maintain, or even erect, meaningful distinctions.
Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
Brief For Amicus Curiae Supporting Appellants-Defendants And Urging Reversal, Capitol Mortgage Bankers, Inc. V. Andrew M. Cuomo, Secretary, United States Department Of Housing And Urban Development And United States Department Of Housing And Urban Development, No. 00-1036, Denis J. Murphy
Court Briefs
Amici curiae brief filed by St. Ambrose Housing Aid Center, Associated Communities Organized for Reform Now (ACORN), Southeast East Community Organization (SECO), Park Reist Corridor Coalition (PRCC), and the National Training and Information Center (NTIC) on behalf of Defendant-Appellants, Andrew Cuomo, Secretary of the United States Department of Housing and Urban Development (HUD), and HUD. Amici argue that based upon the statutory construction of 12 U.S.C. §1709(r), the Secretary of HUD had the authority to promulgate 24 C.F.R. §202.3 and to subsequently terminate Appellee Capitol Mortgage Bankers’ ability to originate Federal Housing Act (FHA) loans. Alternatively, amici argue that because …
Brief Of Amicus Curiae In Support Of Respondents, Allen Becker V. State Of Maryland, Et Al., No. 99-111, Anne L. Blumenberg, Alan T.L. Sun
Brief Of Amicus Curiae In Support Of Respondents, Allen Becker V. State Of Maryland, Et Al., No. 99-111, Anne L. Blumenberg, Alan T.L. Sun
Court Briefs
Amici curiae brief filed by the Community Law Center on behalf of Respondent, State of Maryland. At issue before the Court of Appeals was whether the equitable power granted by Md. Ann. Code, Real Property § 14-120(e) allows a District Court to abate a drug nuisance, which has been found to be a threat to the safety and welfare of a community, through the demolition of a building. Md. Ann. Code, Real Property § 14-120(e) is known as the “Drug Nuisance Statute” and the Community Law Center has devoted much of its resources to representing community associations in drug nuisance …
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
All Faculty Scholarship
The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …
Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne
Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne
U.S. Supreme Court Briefs
No abstract provided.
Wyoming's Residential Rental Property Act-A Critical Review, Arthur R. Gaudio
Wyoming's Residential Rental Property Act-A Critical Review, Arthur R. Gaudio
Faculty Scholarship
Residential leases have been more or less an orphan child in the Wyoming legal structure, perhaps with understandable social and economic reason. With a small body of landlord tenant law based primarily on outdated common law principles, the protections that a tenant can expect are quite limited. The Wyoming legislature took a significant step in an attempt to deal with some of the more pressing issues presented by residential leases. In its 1999 session, it adopted, and the governor signed, an act entitled "Residential Rental Property." The Act obligates landlords to provide tenants in residential rental properties with units that …
New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico
New York Metropolitan Area Lending Scorecard: 1998, Richard D. Marsico
Articles & Chapters
No abstract provided.
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
McGeorge School of Law Scholarly Articles
No abstract provided.
Redistributing Property: Natural Law, International Norms, And The Property Reforms Of The Cuban Revolution, Eduardo M. Peñalver
Redistributing Property: Natural Law, International Norms, And The Property Reforms Of The Cuban Revolution, Eduardo M. Peñalver
Cornell Law Faculty Publications
Epstein's Property, Emily Sherwin
Epstein's Property, Emily Sherwin
Cornell Law Faculty Publications
In an era of skepticism about common law traditions and sensitivity to claims of distributive injustice, Richard Epstein has been an unflinching defender of private property rights. He has insisted that property rights are intelligible, and reminded us of their importance to social and economic welfare. In this paper, I shall offer what I believe is a friendly interpretation of Epstein's writings on property, and then pose some internal questions about the approach he has outlined. I begin with a quick summary of his description of property rights in an ideal legal regime.
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
Publications
This article discusses a decision which held that a secured creditor who sues a debtor’s guarantor instead of foreclosing on security loses its security interest but may still recover the underlying debt in California.
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that a lender may nonjudicially foreclose on multiple items of collateral without crediting the debtor with the fair market value of each item sold.
Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt
Foreclosing On One Of Two Liens On Property: Ostayan V Serrano Reconveyance, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that neither a lender nor a trustee was liable to a purchaser at a foreclosure sale who relied on a third party title report that erroneously described the junior lien being foreclosed as secured by a senior deed of trust.
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Landlords’ Duties To Protect Tenants From Crime: Valencia V Michaud, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a landlord has a duty to take minimally burdensome steps to remove an unauthorized guest from an apartment building if his behavior poses a likelihood of violent crime on the premises.
Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt
Nonrefundable Tenant Security Deposits: Kraus V Trinity Mgmt., 2000, Roger Bernhardt
Publications
This article discusses and analyzes a California Supreme Court case which held that restitution is the only monetary remedy for improper security deposits.
Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt
Purchase Money Antideficiency Protection: Lawler V Jacobs, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a buyer is not personally liable after defaulting on a purchase money note secured by a deed of trust on real property, despite an agreement to the contrary, due to the antideficiency protection of CCP §580d.
Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt
Severing A Joint Tenancy: Patience V Snyder, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a document severing a joint tenancy is deemed recorded only when all recording prerequisites have been met.
Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt
Tenant Estoppel Certificates: Plaza Freeway V First Mountain Bank, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a tenant who executes an estoppel certificate is bound by the certificate’s declarations, even if they vary from the original lease terms.
The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt
The 3-Month Limitation On Deficiency Claims: Life Sav. Bank V Wilhelm, 2000, Roger Bernhardt
Publications
This article discusses a California case which held that a foreclosing lender’s 3-month time limit for seeking a deficiency judgment is a statute of limitations that cannot be avoided on the ground of excusable neglect.
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Publications
No abstract provided.
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.