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Articles 1 - 5 of 5
Full-Text Articles in Law
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.
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 With a small body of landlord tenant law based primarily on outdated common law principles, the protections that a tenant can expect are quite limited.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 …
Optimal Standardization In The Law Of Property: The Numerus Clausus Principle, Thomas W. Merrill, Henry E. Smith
Optimal Standardization In The Law Of Property: The Numerus Clausus Principle, Thomas W. Merrill, Henry E. Smith
Faculty Scholarship
A central difference between contract and property concerns the freedom to "customize" legally enforceable interests. The law of contract recognizes no inherent limitations on the nature or the duration of the interests that can be the subject of a legally binding contract. Certain types of promises – such as promises to commit a crime – are declared unenforceable as a matter of public policy. But outside these relatively narrow areas of proscription and requirements such as definiteness and (maybe) consideration, there is a potentially infinite range of promises that the law will honor. The parties to a contract are free …
The Landscape Of Constitutional Property, Thomas W. Merrill
The Landscape Of Constitutional Property, Thomas W. Merrill
Faculty Scholarship
The Constitution contains two clauses that protect persons against governmental interference with their property. The Due Process Clause provides that "No person shall ... be deprived of life, liberty, or property, without due process of law." The Takings Clause adds, "nor shall private property be taken for public use, without just compensation." Both provisions appear to impose a threshold condition that a claimant have some "property" at stake before the protections associated with the Clause apply. Thus, under the Due Process Clause, it would seem that a claimant must have an interest in "property" (or in "life" or "liberty") before …
Critical Approaches To Property Institutions, Michael A. Heller
Critical Approaches To Property Institutions, Michael A. Heller
Faculty Scholarship
Private property is a rather elusive concept. Any kid knows what it means for something to be mine or yours, but grownup legal theorists get flustered when they try to pin down the term. Typically they, actually we, turn to a familiar analytic toolkit: including, for example, Blackstone's image of private property as "sole and despotic dominion"; Hardin's metaphor of the "tragedy of the commons"; and, more generally, the division of ownership into a trilogy of private, commons, and state forms. While each analytic tool has a distinguished pedigree and certain present usefulness, each also imposes a cost because it …