Law Commons^™

Riss V. Angel: Washington Remodels The Framework For Interpreting Restrictive Covenants, Casey J. Little

Washington Law Review

In Riss v. Angel, the Supreme Court of Washington declared that in disputes between subdivision homeowners, courts must construe restrictive covenants to give effect to the covenants' intended purposes by considering surrounding circumstances to protect the homeowners' collective interests. The court further held that when restrictive covenants grant discretion to architectural review committees (ARCs) to approve new construction or remodels, ARCs or other homeowners association committees that enforce such covenants must exercise their authority reasonably and in good faith. Riss represents a departure from prior precedent that required courts to construe strictly the terms of restrictive covenants to limit …

Asset Purchases, Successor Liability, And Insurance Coverage: Does The Tail Always Follow The Dog, Albert Bates Jr. Iv, D. Matthew Jameson Iii, Bren J. Pomponio

West Virginia Law Review

No abstract provided.

Ownership Of Coalbed Methane Gas: Recent Developments In Case Law, Michelle D. Baldwin

West Virginia Law Review

No abstract provided.

The Morality Of Regulation, Loren A. Smith

William & Mary Environmental Law and Policy Review

No abstract provided.

Touch And Concern Is Dead: Long Live The Doctrine, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Is Attachment Once Again Safe?, Roger Bernhardt

Publications

This article discusses a California statute that authorizes undersecured lenders to obtain prejudgment attachment on their debtor’s other assets in light of the one-action rule.

Reputation: A Vital Asset For Real Estate Practitioners, Trevor C. W. Farrow

Articles & Book Chapters

This article describes the law of defamation, with advice to realtors on how to avoid defaming others.

"Not Just For The Fun Of It!" Governmental Restraints On Black Leisure, Social Inequality, And The Privatization Of Public Space, Regina Austin

All Faculty Scholarship

No abstract provided.

Just A Little Longer Mrs. Suitum, Your Case Is Just About Ripe For Review: Suitum V. Tahoe Regional Planning Agency, Kevin J. Cross

Villanova Environmental Law Journal

No abstract provided.

Transferable Development Rights Trpa And Takings: The Role Of Tdrs In The Constitutional Takings Analysis, William Hadle Littlewood

McGeorge Law Review

No abstract provided.

Property Insurance In Florida: The 1997 Legislative Reform Package, Jan Gorrie

Florida State University Law Review

No abstract provided.

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

All Faculty Scholarship

No abstract provided.

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

Katharine K. Baker

In this Article, Professor Baker analyzes how and why the law protects both horizontal (marital) and vertical (parent/child) relationships. In doing so, she suggests that, although the reasons to protect relationships are comparable in both the horizontal and vertical contexts, the law is much more willing to interfere with vertical relationships, at least when the parents are not married to each other. From the standpoint of women's needs, this inconsistent treatment of relationships is precisely backwards. Women benefit little from the law's deference to horizontal relationships, but they could benefit substantially if the law was more deferential to a single …

Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, 51 Okla. L. Rev. 229 (1998), Debra Pogrund Stark

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

Property As Propriety, Gregory S. Alexander

Cornell Law Faculty Publications

Not In My Backyard: The Clash Between Native Hawaiian Gathering Rights And Western Concepts Of Property In Hawaii, Samuel J. Panarella

Faculty Law Review Articles

This article examines the uneasy truce that exists between Western property law and the original Hawaiian native gathering practices that existed before the arrival of Europeans. The author traces the development of Hawaiian law from early cases that severely restricted gathering rights to more permissive results. The article demonstrates both the strengths and weaknesses of the present system of land tenure in Hawaii and argues for the continued expansion of native Hawaiian gather rights providing such expansion takes place within, not outside of, the dominant fee simple land tenure system now in place in Hawaii.

The Rhetoric Of Property, Joan C. Williams

Faculty Scholarship

No abstract provided.

Reinventing Common Interest Developments: Reflections On A Policy Role For The Judiciary, 31 J. Marshall L. Rev. 397 (1998), Evan Mckenzie

UIC Law Review

No abstract provided.

Home Businesses, Llamas And Aluminum Siding: Trends In Covenant Enforcement, 31 J. Marshall L. Rev. 443 (1998), Katharine N. Rosenberry

UIC Law Review

No abstract provided.

Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias

Campbell Law Review

This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …

Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond

UIC Law Review

No abstract provided.

Rising Seas, Coastal Erosion, And The Takings Clause: How To Save Wetlands And Beaches Without Hurting Property Owners, James G. Titus

Maryland Law Review

No abstract provided.

Reason And Pollution: Construing The "Absolute" Pollution Exclusion In Context And In Light Of Its Purpose And Party Expectations, Jeffrey W. Stempel

Scholarly Works

Responding to the flurry of environmental coverage litigation over the application of the “sudden and accidental” pollution exclusion, the insurance industry during the mid-1980s largely adopted new standard pollution exclusion language for commercial general liability (CGL) policies. Since the mid-1980s, the standard form CGL has included the so-called absolute pollution exclusion, which provides that the insurance does not apply to bodily injury or property damage “arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants.” A “pollutant” is defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, …

Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry

Touro Law Review

No abstract provided.

Governmental Takings, Court Of Appeals: Gazza V. New York State Department Of Environmental Conservation

Touro Law Review

No abstract provided.

Governmental Takings, Court Of Appeals: Kim V. City Of New York

Touro Law Review

No abstract provided.

Whatever Happened To Landlord-Tenant Law?, Gerald Korngold

Articles & Chapters

No abstract provided.

The Irony Of Deregulatory Takings, Jim Rossi

Vanderbilt Law School Faculty Publications

This is a critical review essay, exploring the thesis advanced by Gregory Sidak and Daniel Spulber in their book Deregulatory Takings and the Regulatory Contract (Cambridge University Press 1997). Sidak and Spulber argue that deregulation of the electric utility and local telephony industries can constitute an unconstitutional taking to the extent the state does not provide compensation for the investment-backed expectations of firms in the industry. In addition, they argue that economic efficiency requires this result. This review takes Sidak and Spulber to task for their reading of the case law. In addition, the review criticizes their argument for giving …

Foreclosing On The American Dream: An Evaluation Of State And Federal Foreclosure Laws, Debra Pogrund Stark

Oklahoma Law Review

No abstract provided.