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Articles 1 - 13 of 13

Full-Text Articles in Law

Shaffer V. Heitner, Lewis F. Powell Jr. Oct 1976

Shaffer V. Heitner, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr. Oct 1976

Village Of Arlington Heights V. Metropolitan Housing Development Authority Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman Jul 1976

Constitutional Issues In The Environmental Regulation Of Real Property, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.


Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz Jul 1976

Nineteenth Century Anti-Entrepreneurial Nuisance Injunctions--Avoiding The Chancellor, Paul M. Kurtz

Scholarly Works

This Article will explain how the 19th-century entrepreneur, faced with a hostile rule of strict liability for interference with the use and enjoyment of property, avoided the heavy hand of the chancellor's injunction. Although the term "entrepreneur" describes a diverse group of businessmen--from the mill owner to the early 19th century to the slaughterhouse operator of later in the century--the denominator common to all nuisance action in this period was a developmental use of real property that interfered with the use of neighboring property. An examination of the responses of courts to private nuisance suits between an individual property owner …


Property, E. F. Roberts Jan 1976

Property, E. F. Roberts

Cornell Law Faculty Publications

A Survey can be a wine list inventorying the entire stock in the house or a selective list of vintages worth spending some time to savour. The reader will be able in a thrice to make his or her own judgment about the policy of this house.


0124: Savage Grant Abstracts, 1754-1841, Marshall University Special Collections Jan 1976

0124: Savage Grant Abstracts, 1754-1841, Marshall University Special Collections

Guides to Manuscript Collections

Typescript copies of the original grant listing original patentees; decrees and reports entered in the Superior Court of Chancery in Staunton, Virginia, 1817-1841, concerning the sale of lots and resurveying the original grant.


0129: John English Papers, 1866-1887, Marshall University Special Collections Jan 1976

0129: John English Papers, 1866-1887, Marshall University Special Collections

Guides to Manuscript Collections

Mason County, West Virginia judge. Notes about expenses, minutes of meeting of Episcopal vestrymen, correspondence, and a plat of land near Winfield, Putnam County, West Virginia.


Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach Jan 1976

Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The present Article suggests that the problem of incompatible neighboring tenants can be most efficiently and "justly" dealt with by permitting a substantial degree of landlord control over tenant behavior-with the removal of offending tenants, at the landlord's instance, being the most effective sanction of ultimate recourse in the effectuation of such control. For some courts, ceding this power of control to landlords would require a measure of constraint which they may find uncustomary or even distasteful. As institutions charged with doing justice, the courts' instinct to intervene in the norm-creating process is undoubtedly great, even when the parties before …


The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke Jan 1976

The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke

Articles in Law Reviews & Other Academic Journals

Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …


The Change-Mistake Rule And Zoning In Maryland, Barlow Burke Jan 1976

The Change-Mistake Rule And Zoning In Maryland, Barlow Burke

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Zoning ordinances enacted under state enabling laws and home rule charters of municipalities are customarily entitled to a presumption that they were validly enacted, are within the powers delegated to the locality by the state, and are reasonable in effect. This presumption makes an exercise of the zoning power more easily defensible; one attacking the ordinance must show that it was passed incorrectly, or is beyond the scope of municipal authority, or is unreasonable, capricious or arbitrary in effect. Zoning officials have possessed this initial advantage in any litigation since the landmark decision of Village of Euclid v. Ambler …


Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith Jan 1976

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Journal Articles

The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …


Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler Jan 1976

Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler

Faculty Publications

No abstract provided.


Effect Of Waste Discharge Regulations On Real Property Development, Nicholas L. White Jan 1976

Effect Of Waste Discharge Regulations On Real Property Development, Nicholas L. White

Articles by Maurer Faculty

No abstract provided.