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Articles 1 - 19 of 19

Full-Text Articles in Law

Outline Of Green Bound - 1985, Wendy J. Gordon Nov 1985

Outline Of Green Bound - 1985, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.


Presumptions And Burdens Of Proof In Louisiana Property Law, Lee Hargrave Nov 1985

Presumptions And Burdens Of Proof In Louisiana Property Law, Lee Hargrave

Louisiana Law Review

No abstract provided.


Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr. Oct 1985

Reed V. Campbell, Individually And As Administrix Of The Estate Of Ricker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Property Oct 1985

Property

South Carolina Law Review

No abstract provided.


Property, W. Wade Berryhill Jul 1985

Property, W. Wade Berryhill

Law Faculty Publications

The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them. In the majority of the cases which follow, the Virginia Supreme Court affirms and …


Coming To The Nuisance: Nor Shall Private Property Be Taken Without...., John Dwight Ingram May 1985

Coming To The Nuisance: Nor Shall Private Property Be Taken Without...., John Dwight Ingram

Northern Illinois University Law Review

An examination of both the common law and statutory approaches to the "nuisances" in today's society emphasizing the goals and outlooks of society's past and present in an effort to suggest guidelines to govern the future use and enjoyment of one's property.


Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson Jan 1985

Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson

Faculty Publications

In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …


Recent Developments: Archer V. Archer: Professional Degree Is Not Marital Property, M. Gordon Daniels Jan 1985

Recent Developments: Archer V. Archer: Professional Degree Is Not Marital Property, M. Gordon Daniels

University of Baltimore Law Forum

No abstract provided.


University Of Richmond Law Review Jan 1985

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Notes On Conversations With Jim White - 1985, Wendy J. Gordon Jan 1985

Notes On Conversations With Jim White - 1985, Wendy J. Gordon

Scholarship Chronologically

Jim White suggested looking at the institutional issues separately from the issue of ideal outcomes.


Simultaneous Attachment Of Liens On After-Acquired Property, David G. Carlson Jan 1985

Simultaneous Attachment Of Liens On After-Acquired Property, David G. Carlson

Articles

No abstract provided.


Notes On Restitution - 1985, Wendy J. Gordon Jan 1985

Notes On Restitution - 1985, Wendy J. Gordon

Scholarship Chronologically

The principle which allows payment for nondamaging uses of property is, I submit, this one: protecting the system of property from eroding. Looking at the leading case in the area, we see precisely that: the user of the property is required to pay for his use, lest he be placed in a better position than a non-trespasser. Any other rule might encourage erosion of property systems.


Notes On New Organization - 1985, Wendy J. Gordon Jan 1985

Notes On New Organization - 1985, Wendy J. Gordon

Scholarship Chronologically

No abstract provided.


Notes On Value - 1985, Wendy J. Gordon Jan 1985

Notes On Value - 1985, Wendy J. Gordon

Scholarship Chronologically

The relation between value and property is very much at the core of this paper. First, as a theoretical matter (Holmes; the Ordinary Observer; custom and interactive pattern.) Second, intellectual products have increased greatly in value, shown both by statistics [3] and also by that unfortunate but fairly reliable secondary indicator of a phenomenon’s social importance: the volume of litigation concerning it.


"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld Jan 1985

"Not In My Neighborhood:" Legal Challenges To The Establishment Of Community Residences For The Mentally Disabled In New York State, Robert L. Schonfeld

Fordham Urban Law Journal

This Article examines the laws and lawsuits which have affected the establishment of community residences for the mentally disabled in New York State. First, the Article traces the history of community residences prior to the enactment of the Padavan Law in 1978. Thereafter, this Article analyzes the statute to determine whether its procedures and interpretations by courts have been consistent with the drafters' stated intentions. In addition to examining the statutory procedures, this Article considers issues of zoning, the statute's constitutionality, the standing of neighbors and neighborhood groups to challenge community residence sites, and the effect of restrictive covenants on …


Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby Jan 1985

Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby

Fordham Urban Law Journal

This student note explores the plight of elderly home-owners whose income cannot meet their expenses, and the federal legislation designed to meet their needs, specifically the Reverse Annuity Mortgage (RAM), which draws on home equity to provide monthly cash payments to homeowners. The author explains the legislation authorizing the RAM, describes the pros and cons of different forms of the RAM for elderly homeowners, and suggests modifications that will allow homeowners maximum support without sacrificing their other sources of income, such as Social Security payments and tax benefits. The author also explores New York state legislation dealing with the RAM, …


Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke Jan 1985

Refuting The “Classic” Property Clause Theory, Eugene R. Gaetke

Law Faculty Scholarly Articles

In a series of cases the Supreme Court has recognized broad, preemptive federal regulatory power over federally owned land. The Court has based these decisions on the combined effect of the property and supremacy clauses of the Constitution. The scope of this power has been the cause of a heated political and legal debate in western states, which contain extensive federal land holdings. A number of legal commentators have argued that the Court's broad construction of the property clause is a misinterpretation of the Framers' intent and that the clause merely grants the federal government proprietary rights over its land …


Kentucky Law Survey: Property, Carolyn S. Bratt Jan 1985

Kentucky Law Survey: Property, Carolyn S. Bratt

Law Faculty Scholarly Articles

Law students, and probably practitioners, are often perplexed by the multitude of topics covered under the rubric of property law. Unfortunately, this Survey article does nothing to dispel the impression of property law as a hodgepodge of unrelated topics. This Survey of recent decisions in Kentucky discusses topics ranging literally from "a" to "z"-adverse possession to zoning.


Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham Jan 1985

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Law Faculty Scholarly Articles

Over the past ten years every writer venturing to discuss domestic relations must have been tempted to emphasize the importance of his or her work by opening with mention of the growing number of divorce cases confronting the court system. Beyond its numerical impact upon the judicial process, however, divorce litigation provides an important opportunity for the study of property rights and the institutions from which those fights are derived. Divorce cases increasingly involve difficult and complex questions concerning the marital property rights of the marriage partners. The importance of marital property cases is broader than the individual rules that …