Law Commons^™

Hypotheticals: Numbers 1 & 2, Lisa M. Landry

William & Mary Annual Tax Conference

No abstract provided.

The Year In Review: A Discussion Of Significant Regulations, Rulings And Cases, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Planning For The Taxable Disposition Of Overleveraged Property, Blake D. Rubin

William & Mary Annual Tax Conference

No abstract provided.

Creative Financing, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

The Like Kind Exchange: Everything You Need To Know, Whether Or Not You Wanted To Ask, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Real Estate Brokerage: Recent Changes In Relationships And A Proposed Cure, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel

Faculty Scholarship

No abstract provided.

Alliance Mortgage: Partial Answers About Full Credit Bids, Roger Bernhardt

Publications

This article discusses the dangers of making full credit bids in California.

Consensus Groups And Grassroots Democracy: Maybe Those Who Say It Cannot Be Done Should Get Out Of The Way Of Those Doing It, Mary Margaret Chapman

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

10 pages.

Contains 2 pages of references.

Sharing Public Land Decision Making: The Quincy Library Group Experience [Includes First Three Items From Appendix A], Michael B. Jackson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

25 pages (includes illustrations).

Contains 1 reference.

Includes first three items from Appendix A.

Values And The Public Lands, Dale Jamieson

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

11 pages.

Contains 3 pages of references.

Economic Rationales For Continued Government Ownership Of Land, John B. Loomis

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

9 pages.

Contains references.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Public Land Policy Is Ripe For Change, James L. Huffman

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

18 pages.

A History Of The Public Lands Debate, Patricia Nelson Limerick

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

22 pages.

“Storm Across The West’S Rangelands—In The Eye Of The Cyclone”: From Conflict And Confrontation Toward Consensus And Compromise? [Outline], Ken Spann

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

3 pages.

Sticky Bathtubs And Slippery Rules, Roger Bernhardt

Publications

This article discusses the California Supreme Court’s reversal of its earlier doctrine of strict liability in tort imposed on residential landlords.

Property Law: 1995 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman, Manuel R. Valcarcel Iv

Faculty Scholarship

No abstract provided.

Resolving Property Claims In A Post-Socialist Cuba, Kern Alexander, Jon L. Mills

UF Law Faculty Publications

This Article analyzes some of the major Cuban and international legal issues confronting U.S. and Cuban claimants whose property was expropriated by the Cuban government. Part II reviews the history of the Cuban nationalizations and examines the historical development of the property protection provisions of the Cuban Constitution. Part III analyzes the implications of deciding which Cuban legal system should apply to the claims of expropriated property owners.

Part IV discusses the legal and procedural barriers to recovering expropriated property, focusing upon international law of claimant eligibility, abandonment of property, and compensation to expropriated investors. This Part also analyzes both …

Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

One Bite Is Enough, Roger Bernhardt

Publications

This article discusses California landlord’s liability for a dog bite occuring four blocks from the premises where the tenant kept the animal.

Paying After It’S Too Late, Roger Bernhardt

Publications

This article analyzes a California case where lis pendens was recorded one day prior to a sale and indexed several days after the sale. The court held that the buyers took free of all claims related to the lis pendens.

Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules." Those rules and the methodology behind them are our subjects here.

We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …

You Can Sell But You Can’T Hide, Roger Bernhardt

Publications

This article discusses the importance of including former owners as parties in lawsuits for fraud or negligent misrepresentation in the sale of real estate in California.

Responsibility, Causation, And The Harm-Benefit Line In Takings Jurisprudence, Glynn S. Lunney Jr

Faculty Scholarship

As one of the guarantees provided in the Bill of Rights, the Fifth Amendment's Compensation Clause restricts government's otherwise largely plenary power over privately-held property rights. While the Compensation Clause does not directly limit government's ability to change, modify, or even eliminate existing privately-held property rights, in certain instances it circumscribes government's ability to force individual property owners to bear the cost of such government-imposed changes. Specifically, for those government-imposed property redistributions found to be "takings" within the meaning of the Compensation Clause, the Fifth Amendment requires federal and state governments to compensate the property holder for the taking, and …

Deeds On The Ground Or Words In The Deed: Bryant V Blevins, Roger Bernhardt

Publications

This article discusses a California decision altering its agreed boundaries doctrine to confine the inference of an agreement to cases where the true boundary cannot be ascertained from the records.

Rethinking Proceeds: The History, Misinterpretation And Revision Of U.C.C. Section 9-306, R. Wilson Freyermuth

Faculty Publications

This article provides a careful analysis of the proper scope of the term “proceeds” under Section 9-306. Parts II and III develop a coherent conception of the term “proceeds” by focusing upon the proper interpretation of Section 9-306 in its current form. Part II evaluates the passage of title conception of proceeds in light of the 1972 and 1987 amendments to Article 9 and demonstrates that this conception is fundamentally inconsistent with the economic, value-based conception of proceeds that emerges from those amendments. Using this emerging conception of proceeds, which focuses upon the occurrence of an event that exhausts or …

Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth Samuels

All Faculty Scholarship

As a law teacher, I have observed these benefits of the case method, particularly with conducive appellate opinions and a skillfully assembled text. But I have also experienced, as I suspect most law teachers have, instances in which a case that lacks a sufficiently revealing narrative seems to mystify more than elucidate. One example is the case of Brown v. Voss, which appears in a number of property law casebooks, including the widely used Property by Jesse Dukeminier and James E. Krier. In Brown v. Voss the State of Washington Supreme Court departs, in a somewhat disingenuous way, from an …

It Takes Two: Remodeling The Management And Control Provisions Of Community Property Law, Elizabeth De Armond

All Faculty Scholarship

No abstract provided.

Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness

Law Faculty Scholarly Articles

In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.

Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …

Codifying Property Law In The Process Of Transition: Some Suggestions From Comparative Law And Economics, Ugo Mattei

Faculty Scholarship

No abstract provided.