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Articles 31 - 60 of 85
Full-Text Articles in Law
A Field Of Dreams Needs A History, Kenneth Lasson
A Field Of Dreams Needs A History, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Caveat Emptor - Where Have You Gone?, Albert G. Besser
Caveat Emptor - Where Have You Gone?, Albert G. Besser
Hofstra Property Law Journal
No abstract provided.
Is There Hope? - An Analysis Of How Premature Tenant Homeownership Policies Threaten The Housing Rights Of Low Income Persons And Families On Waiting Lists For Section 8 Housing, Robert Bodzin
Hofstra Property Law Journal
No abstract provided.
Chapter 20'S: Creative Lawyering Or Manipulation Of The Bankruptcy Code, Lori A. Barrett
Chapter 20'S: Creative Lawyering Or Manipulation Of The Bankruptcy Code, Lori A. Barrett
Hofstra Property Law Journal
No abstract provided.
Exoneration Clauses In Wills And Trust Instruments, Robert Whitman
Exoneration Clauses In Wills And Trust Instruments, Robert Whitman
Hofstra Property Law Journal
No abstract provided.
Witter V. Taggart And Ammirati V. Wire Forms, Inc.: The Potential Ramifications Of New York's Newly Restrictive Definition Of "Chain Of Title" And Newly Expansive Definition Of "Easement By Necessity", Kenneth Gartner
Hofstra Property Law Journal
No abstract provided.
Does Your Building Discriminate Against The Disabled - Guidelines For Bringing Existing Public Accommodations Into Compliance With The Americans With Disabilities Act, James T. Yand
Hofstra Property Law Journal
No abstract provided.
Illinois Real Estate Brokers: The Duties Of Disclosure And Accuracy, Paul Meyer
Illinois Real Estate Brokers: The Duties Of Disclosure And Accuracy, Paul Meyer
Loyola University Chicago Law Journal
No abstract provided.
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
Journal Articles
No abstract provided.
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Municipal Annexation In North Carolina: A Look At The Past Decade, Steven W. Blevins
Campbell Law Review
Over the past decade North Carolina's annexation statutes have been the subject of much litigation. These challenges have taken numerous approaches in seeking to have the various annexation ordinances declared invalid. Many of these challenges have sought to have the statutes themselves declared invalid as a violation of both the United States Constitution and the North Carolina Constitution. Still other approaches have sought to have the actions of the annexing municipality declared illegal for failure to comply with these annexation statutes. One theme is visible throughout all of the challenges to annexation, the legislature has determined that annexation serves the …
Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson
Drafting, Interpreting, And Enforcing Commercial And Shopping Center Leases, John M. Tyson
Campbell Law Review
No abstract provided.
The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
The Commodification Of Nature's Metropolis: The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander
Ademption And The Domain Of Formality In Wills Law, Gregory S. Alexander
Cornell Law Faculty Publications
The 1990 revision of the Uniform Probate Code ("UPC") marks the second stage of probate reform in the second half of this century. The first stage was the adoption of the original UPC. While it included some changes in the substantive law of wills, its primary objective was to simplify probate procedure. The second stage, by contrast, focuses almost entirely on the substantive law of wills and will substitutes. It changes several of the primary rules of wills law, including the traditional rule requiring strict compliance with execution formalities. It also makes significant changes in the subsidiary rules of wills …
From Libertarianism To Egalitarianism, Justin Schwartz
From Libertarianism To Egalitarianism, Justin Schwartz
Justin Schwartz
A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …
Survey Of Illinois Law: Real Estate Finance, 16 S. Ill. U. L.J. 999 (1992), Celeste M. Hammond
Survey Of Illinois Law: Real Estate Finance, 16 S. Ill. U. L.J. 999 (1992), Celeste M. Hammond
UIC Law Open Access Faculty Scholarship
No abstract provided.
Private Property Investment, Lucas And The Fairness Doctrine, John R. Nolon
Private Property Investment, Lucas And The Fairness Doctrine, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
These remarks are not intended to advocate the interests of the new property rights movement. In fact, those advocates will be disappointed by what I say. Rather, I aspire to view the issue of real property regulation as broadly as possible, reaching beyond the jurisprudence of regulatory takings cases into the realms of real estate transactions law and comprehensive land use planning.
Rights Of Washington Junior Lienors In Nonjudicial Foreclosure—Washington Mutual Savings Bank V. United States, 115 Wash. 2d 52, 793 P.2d 969, Clarified, Reconsideration Denied, 800 P.2d 1124 (Wash. 1990), John D. Sullivan
Washington Law Review
In Washington Mutual Savings Bank v. United State, the Washington Supreme Court extended the anti-deficiency provisions of the Deed of Trust Act to all non-foreclosing junior lienors. Because this decision makes all junior obligations uncollectible following a nonjudicial foreclosure, it may have a chilling effect on lenders and a serious impact on the availability of home equity loans. This Note examines the Washington Mutual decision and suggests that the court should have determined instead that a deficiency is allowed, but should be computed after applying any surplus value in the property sold against junior obligations. This Note also recommends a …
What Is Behind The "Property Rights" Debate?, John A. Humbach
What Is Behind The "Property Rights" Debate?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns …
Department Of Real Estate, T. Rellos
Department Of Real Estate, T. Rellos
California Regulatory Law Reporter
No abstract provided.
The Tragedy Of The Commons, Part Two, James E. Krier
The Tragedy Of The Commons, Part Two, James E. Krier
Articles
This symposium is about the idea of "free market environmentalism" in general and the book Free Market Environmentalism, by Terry Anderson and Donald Leal,1 in particular. While I focus chiefly on Anderson and Leal's book, the discussion will necessarily involve the general idea of free market environmentalism as well. The conceit of my tide, which obviously derives from Garrett Hardin's celebrated essay on The Tragedy of the Commons,2 is this: Superficial differences aside, Hardin's essay and Anderson and Leal's book address the same fundamental problem of coordinating human behavior as it affects environmental quality. But both the essay and the …
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
Seattle University Law Review
This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.
Who Pays Reet On Your Street: Washington State's Real Estate Excise Tax In Light Of The 1991 Corporate Transfer Act And Beyond—How Can The Legislature Solve Deer Park Pine?, Georges H.G. Yates
Who Pays Reet On Your Street: Washington State's Real Estate Excise Tax In Light Of The 1991 Corporate Transfer Act And Beyond—How Can The Legislature Solve Deer Park Pine?, Georges H.G. Yates
Seattle University Law Review
This Comment aims to give the reader a complete understanding of Washington’s Real Estate Excise Tax. Further, this Comment advocates replacing the current law. Specifically, this Comment argues that REET is in desperate need of repair; it then considers the options available to the Washington State Legislature in 1993. The Comment concludes that, with a few important alternations, the solution lies in a proposal that died in the House Revenue Committee in 1992.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
University of Richmond Law Review
Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.
Can Government Afford To Protect Our Nation's Wetlands: An Analysis Of The Decisions In Loveladies And Florida Rock, 25 J. Marshall L. Rev. 837 (1992), John K. Devine
UIC Law Review
No abstract provided.
To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes
To Fee Or Not To Fee: A Review Of A Practitioner's Guide To Development Impact Fees, Robert M. Rhodes
Florida State University Law Review
A Practitioner's Guide to Development Impact Fees. By James C. Nicholas, Arthur C. Nelson, and Julian C. Juergensmeyer. American Planning Association: Planners Press. 1991. Pp. 294. $54.95.
From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus
From One Dollar To $2.4 Million: Narrowing The Spectrum Of Damage Awards In Fair Housing Cases Through Basic Tort Litigation Tactices, 26 J. Marshall L. Rev. 29 (1992), Larry R. Rogers, Kelly N. Kalus
UIC Law Review
No abstract provided.
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams
UIC Law Review
No abstract provided.
Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams
Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams
UIC Law Review
No abstract provided.