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Articles 61 - 89 of 89
Full-Text Articles in Law
Is Coverture Dead? Beyond A New Theory Of Alimony, Joan C. Williams
Is Coverture Dead? Beyond A New Theory Of Alimony, Joan C. Williams
Faculty Scholarship
No abstract provided.
A "New American Land Ethic": Utilizing The Endangered Species Act To Settle Land Disputes, Kelly A. O'Keefe
A "New American Land Ethic": Utilizing The Endangered Species Act To Settle Land Disputes, Kelly A. O'Keefe
Florida State University Law Review
No abstract provided.
Book Review--Global Dimensions Of Intellectual Property Rights In Science And Technology, Mark J. Patterson
Book Review--Global Dimensions Of Intellectual Property Rights In Science And Technology, Mark J. Patterson
Vanderbilt Journal of Transnational Law
A complete reading of the book leaves open the question of for whom the book is primarily intended. The best answer perhaps is that it has something to offer everyone--lawyer, scientist, intellectual property owner, economist, and politician--having an intellectual curiosity in how global intellectual property systems can and should evolve. From an individual reader's perspective, a cover to cover study of the book may leave the reader feeling overwhelmed and unsatisfied. However, if viewed as a resource, from which portions applicable to the reader's own field of interest are selected for close examination, the book has much to offer. Fortunately, …
An Economic And Political Policy Analysis Of Federal And State Laws Governing Foreign Ownership Of United States Real Estate, James R. Mason, Jr.
An Economic And Political Policy Analysis Of Federal And State Laws Governing Foreign Ownership Of United States Real Estate, James R. Mason, Jr.
Vanderbilt Journal of Transnational Law
This Note surveys the complex scheme of federal and state laws addressing foreign ownership of United States real property that has developed over the course of the last two centuries, precipitated by several important events. The Note then critically analyzes the traditionally invoked economic and policy Justifications for regulating alien land ownership. The author concludes that sound economic principles militate against rather than in support of such regulation and that policy justifications, although representing valid concerns in some cases, have been used to produce overbroad regulations. The author suggests, therefore, a rethinking of the United States approach to alien land …
Illinois Real Estate Designated Agency Amendment: A Minefield For Brokers, 27 J. Marshall L. Rev. 953 (1994), Sandra Nelson
Illinois Real Estate Designated Agency Amendment: A Minefield For Brokers, 27 J. Marshall L. Rev. 953 (1994), Sandra Nelson
UIC Law Review
No abstract provided.
Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar
Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar
Maryland Law Review
No abstract provided.
Marshalling And The Personal Property Security Acts: Doing Unto Others…, Bruce Macdougall
Marshalling And The Personal Property Security Acts: Doing Unto Others…, Bruce Macdougall
All Faculty Publications
Where a senior creditor has access to two funds from the same debtor to satisfy its claims and the junior creditor has access to only one of these funds, it could be equitable to expect that the senior creditor satisfy itself out of the fund in which the junior creditor does not have an interest. Where a court makes an order based on this principle, it has invoked the doctrine of marshalling, sometimes called the two-fund rule.' Marshalling is an equitable doctrine and therein lies its strengths and weaknesses. Equity gives it its flexibility, adaptibility and utility. Equity also gives …
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades
Faculty Publications
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …
Jurisdiction Of The Supreme Court: Nestor V. Mcdowell
Jurisdiction Of The Supreme Court: Nestor V. Mcdowell
Touro Law Review
No abstract provided.
Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp.
Local Finances: Tribeca Community Association Inc. V. New York State Urban Development Corp.
Touro Law Review
No abstract provided.
Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority
Takings Clause: Saratoga Water Services, Inc. V. Saratoga County Water Authority
Touro Law Review
No abstract provided.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.
University of Richmond Law Review
This article reviews some of the more significant cases and legislation affecting Virginia property law over the past year. The Virginia Supreme Court revisited a wide range of issues, including the level of visibility to which an adverse use must rise to establish title by adverse possession. The court also revisited the steps that a mechanic's lienor must take in order to protect his or her lien. Additionally, the court also explored some new issues, such as the applicability of the rule against perpetuities to a purchase option contained in a lease.
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Seattle University Law Review
By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …
Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack
Property And Liberty - Institutional Competence And The Functions Of Rights, Wayne Mccormack
Washington and Lee Law Review
No abstract provided.
The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams
The Tax Consequences Of Abandonment Under The Bankruptcy Code, Jack F. Williams
Faculty Publications By Year
No abstract provided.
Zoning And Planning Litigation Procedures Under The Revised Pennsylvania Municipalities Planning Code, Jan Z. Krasnowiecki, L.B. Kregenow
Zoning And Planning Litigation Procedures Under The Revised Pennsylvania Municipalities Planning Code, Jan Z. Krasnowiecki, L.B. Kregenow
Villanova Law Review
No abstract provided.
Refunding Residential Tenant Security Deposits: A Legislative Proposal For West Virginia, Billie L. Snyder
Refunding Residential Tenant Security Deposits: A Legislative Proposal For West Virginia, Billie L. Snyder
West Virginia Law Review
No abstract provided.
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Essay: Some Thoughts On The Relationship Between Property Rights And Immigration Policy, Robert W. Mcgee
Cleveland State Law Review
Most articles and books that have been written on immigration policy start from a utilitarian position. They discuss issues such as whether immigration, on balance, is more harmful than beneficial, and whether allowing immigrants into the country results in job losses, increases in welfare costs, aids in economic growth, and so forth. This article is distinctly different in focus. Although utilitarian themes are discussed, this article places the main emphasis on the relationship between property rights and immigration policy.
Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski
Restrictive Covenants And Architectural Review: Some Suggested Standards, 27 J. Marshall L. Rev. 939 (1994), Allen Oshinski
UIC Law Review
No abstract provided.
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
Rewriting Beginnings: The Lessons Of Gautreaux, 28 J. Marshall L. Rev. 57 (1994), Janet Koven Levit
UIC Law Review
No abstract provided.
Mortgaging The American Dream: A Critical Evaluation Of The Federal Government's Promotion Of Home Equity Financing, Julia Patterson Forrester Rogers
Mortgaging The American Dream: A Critical Evaluation Of The Federal Government's Promotion Of Home Equity Financing, Julia Patterson Forrester Rogers
Faculty Journal Articles and Book Chapters
In this Article, I advocate elimination of federal promotion of home equity financing, recommending that the federal government permit home equity financing without encouraging it. In Part Il of this Article, I discuss some of the problems caused by federal promotion of home equity financing. While home equity loans carry a risk to the borrowers of losing their homes, homeowners cannot properly assess this risk due to their tendency to underestimate the probability of default and foreclosure. Homeowners who do lose their homes to foreclosure may be devastated, both financially and psychologically. Despite the risks of a home equity loan, …
Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford
Book Review, Land Use Regulation And Legal Rhetoric: Broadening The Terms Of Debate, R. S. Radford
Fordham Urban Law Journal
Dennis Coyle’s new book, Property Rights and the Constitution, is an important addition to the ongoing debate over the constitutional status of private property. Coyle selectively reviews important land use cases decided by the United States Supreme Court and various states in the post-New Deal era. More importantly, Coyle provides an ideological framework that illuminates several key strands in the constitutional jurisprudence of property law. Coyle traces the ebb and flow of competing attitudes toward property rights and regulation in a way that makes sense of the sometimes chaotic body of case law in this field. In the process, he …
Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, Ian Ayres, Eric Talley
Solomonic Bargaining: Dividing A Legal Entitlement To Facilitate Coasean Trade, Ian Ayres, Eric Talley
Faculty Scholarship
It is a common argument in law and economics that divided ownership can create or exacerbate strategic behavior. For instance, when several persons own the land designated for a proposed stadium, individual sellers may "hold out" for a disproportionate share of the gains from trade. Alternatively, when building a public library would benefit multiple residents, individual buyers may "free ride" on the willingness of others to pay for its construction. Such transaction costs of collective action fall under a variety of analytic rubrics, including the "tragedy of the commons" and the theory of "public goods." Nonetheless, each example of market …
Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier
Marketable Pollution Allowances (Great Lakes Symposium), James E. Krier
Articles
In March 1993, the EPA auctioned off 150,010 sulfer dioxide emissions permits at the Chicago Board of Trade. The auction brought in $21.4 million and ushered in the Clean Air Act's market-based approach to sulfur dioxide control. Congress created these marketable pollution allowances (MPAs) under Title IV of the Clean Air Act Amendments of 19903 to regulate acid rain pollution. While most MPAs were bought by utilities, to be exchanged as a commodity according to need, some MPAs were removed from the market solely to prevent their use by polluters. The Cleveland-based National Healthy Air License Exchange bought one allowance …
Property Rights: A View From The Trenches, Michael A. Heller
Property Rights: A View From The Trenches, Michael A. Heller
Faculty Scholarship
How do governments create – or in some countries recreate - basic property rights that citizens demand in the transition to a market economy? My first comment, quite briefly, is on the debate within this Symposium on the relationship between constitutional reforms and the emergence of new property regimes. Second, I will comment on the counterintuitive property rights regime that is emerging from the "big bang" – the post-1989 collapse of the old socialist legal order in Central and Eastern Europe and the former Soviet Union and its replacement with a new, market-oriented system of property rights.
Property Rights: A View From The Trenches, Michael A. Heller
Property Rights: A View From The Trenches, Michael A. Heller
Articles
How do governments create - or in some countries recreate - basic property rights that citizens demand in the transition to a market economy? My first comment, quite briefly, is on the debate within this Symposium on the relationship between constitutional reforms and the emergence of new property regimes. Second, I will comment on the counterintuitive property rights regime that is emerging from the "big bang" - the post-1989 collapse of the old socialist legal order in Central and Eastern Europe and the former Soviet Union and its replacement with a new, market-oriented system of property rights.
The Concept Of Property In The Early Common Law, David J. Seipp
The Concept Of Property In The Early Common Law, David J. Seipp
Faculty Scholarship
“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical …
Case Comment, United States V. James Daniel Good Real Property, Edward Lee
Case Comment, United States V. James Daniel Good Real Property, Edward Lee
Edward Lee
No abstract provided.
Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin
Following Up The Aals Symposium: An Environmental Justice Network, Zygmunt J.B. Plater, Charlie Lord, William Shutkin
Zygmunt J.B. Plater
No abstract provided.