Law Commons^™

Two Tailors: The Pursuit Of Racial Justice In 1970s Chicago, Susan L. Waysdorf

University of the District of Columbia Law Review

Every legal case has a story behind it, and some, like this one, also have a legacy. This is a story about two immigrant tailors in Chicago-the white tailor's attempt to sell his tailor shop to the black tailor, and the racial discrimination they confronted together. One tailor, Ivan Thompson, was a black citizen of Great Britain living in Chicago, and the other, Martin Waysdorf, was a white Jew from Poland. He became a. U.S. citizen in 1949, after emigrating from his Polish shtetl to Chicago and escaping the Nazi Holocaust.' The Jewish tailor was my father. This article will …

The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné

Cornell Law Faculty Working Papers

These pages are addressed to examining the problems arising from the regulation of the dissolution of the matrimonial property regime on the death of one of the spouses in relation to the determination of the succession rights of the surviving spouse in Private International Law (from now on, PIL). I will specifically try to analyse the conciliation difficulties between what is stipulated in each relevant field after the death of one of the spouses. The surviving spouse’s situation often depends on the simultaneous effect of the matrimonial property regime and also of Succession Law. In fact, this study deals with …

Real Property, Linda S. Finley

Mercer Law Review

Each year, as the number of cases involving real property reported by Georgia's appellate courts continues to increase, it becomes more and more difficult to determine which cases to include in this survey Article. Nevertheless, this Article discusses case law and legislative developments in Georgia real property law from June 1, 2006 through May 31, 2007, selected either for their significance to real property law, to update attorneys who either regularly or from time to time practice or render opinions regarding real property, or to survey trends. However, as the reader may see, at times the cases surveyed were selected …

Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher

Nevada Supreme Court Summaries

No abstract provided.

Creative Structures For The Disposition Of Real Estate (Slides)

William & Mary Annual Tax Conference

No abstract provided.

Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein

William & Mary Annual Tax Conference

No abstract provided.

Inequitable Noncontribution, Roger Bernhardt

Publications

This article discusses a California case rejecting a guarantor’s claim of equitable contribution from co-guarantors because they were not at the same level of liability, and also rejecting a subrogation claim because it could be used only against the primary debtor, not other secondary debtors.

Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center

UIC Law White Papers

No abstract provided.

The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein

UF Law Faculty Publications

Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council -- the modern U.S. Supreme Court's seminal regulatory takings decision -- this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own -- forming what this Article calls the new …

Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton

Nevada Supreme Court Summaries

No abstract provided.

Attorneys Fees, Offsets And Priorities, Roger Bernhardt

Publications

This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers superpriority over competing liens.

Landlords And Torts, Roger Bernhardt

Publications

This article reviews conflicting appellate court decisions where landlords were sued in tort under state statutes that all imposed the same general duty to take care of the property but failed to address what happens when personal injuries follow.

Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Use Versus Abuse: A Comprehensive Analysis Of Nonbinding Reservation Agreements And Real Estate Developers' Ability To Freely Rescind, Douglas J. Short

Campbell Law Review

This Comment addresses this increasingly common scenario where the developer reneges on reservation agreements and asserts that if certain developer practices remain unchanged, unwary developers will continue to face lawsuits brought by disappointed parties. Although the courts have generally been unsympathetic to contract claims, clearly struggling to find a remedy for plaintiffs in light of the express, nonbinding nature of the agreements, the potential for developer liability nevertheless exists under a theory of unfair and deceptive trade practices. Thus, this Comment asserts that since reservation agreements do not rise to the legal classification of option contracts, developers are justified in …

Overcoming Another Tragedy In New Orleans: Rebuilding In The Wake Of "Kelo" And Act No. 851, William C. Spaht

Vanderbilt Law Review

During Hurricanes Katrina and Rita, thousands of Gulf Coast residents lost their homes, their possessions, their savings, and some, their lives. Those states hit hardest by the hurricanes have struggled to recover. In places like New Orleans, where hundreds of thousands of residents evacuated and may never return, uncertainty regarding the future of private property has become a fact of life. As the excerpt from Senator McPherson's letter indicates, arguably the single most critical question facing local and state governments trying to rebuild the devastated coast is how to encourage use of abandoned properties to spark the economy.

Michael A. …

Children Of Men: Balancing The Inheritance Rights Of Marital And Non-Marital Children, Browne C. Lewis

Law Faculty Articles and Essays

Average U.S. citizens are routinely having children out of wedlock. In America, at least one out of every three babies born is a non-marital child. As more and more children continue to be born out of wedlock, society must enact laws to protect the interests of those children. They are the children of men and they are entitled to financial support both during the lives and after the deaths of their parents.

Part II of this article briefly discusses the historical treatment of non-marital children. Part Ill explores the modem legal treatment of non-marital children, which consists of three distinct …

Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess

Nevada Supreme Court Summaries

Homeowners’ Association’s (Association) petition for a writ of mandamus or prohibition against partial summary judgment, granted by Eighth Judicial District Court, in a declaratory relief action brought by the project developer and contractor (Westpark).j

The Louisiana Road Home Program: A Path Of Unintended Consequences, Everett Fineran

Buffalo Public Interest Law Journal

No abstract provided.

Demythologizing Property And The Illusion Of Rules: A Response To Two Friendly Critics, Gregory S. Alexander

Cornell Law Faculty Publications

Academic life can be a depressing experience. Despite the enormous amount of time many academics spend producing written scholarship, most of us have little expectation that more than a tiny handful of people will read our published work, if indeed it is read at all. And probably even fewer of us have any expectation whatsoever that the results of our often wrenching labor will be publicly aired. It is a rare occasion when an academic’s scholarship is the subject of public recognition. But oh, how we crave any sort of public commentary, favorable or critical! So, I am extremely grateful …

Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Imminently Eminent: A Game Theoretic Analysis Of Takings Since Kelo V. City Of New London, Alex Hornaday

Washington and Lee Law Review

No abstract provided.

Property, Rules, And Property Rules, Emily Sherwin

Cornell Law Faculty Working Papers

This essay examines two aspects of “property rules” in the sense defined by Judge Guido Calabresi and Douglas Melamed. In each case, the form in which property rules are cast is critically important.

The first question addressed is the capacity of property rules to affect behavior prior to and outside litigation. Most economic analysis of property rules and liability rules assumes that the choice between them will guide decisionmaking at the time of a contemplated rights violation, and possibly prior to that time. To have this effect, property rules (and liability rules) must be established by determinate legal rules that …

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

The Public Trust In Surface Waterways And Submerged Lands Of The Great Lakes States, Bertram C. Frey, Andrew Mutz

University of Michigan Journal of Law Reform

The modern public trust doctrine compels each Great Lakes state to protect the sustainable future of the Lakes and to preserve traditional public uses. At the same time, the doctrine constrains the states' powers to allow exploitation of trust resources. This Article provides a brief historical overview of the public trust doctrine in waterways and their submerged lands. It next explores how the eight Great Lakes states have applied the doctrine, discusses the surprising number of differences in the doctrine's development from state to state, and provides comparison charts. After analyzing the variety of approaches used by the eight states …

Walking The Beach To The Core Of Sovereignty: The Historic Basis For The Public Trust Doctrine Applied In Glass V. Goeckel, Robert Haskell Abrams

University of Michigan Journal of Law Reform

In 2004, a split panel of the Michigan Court of Appeals announced its conclusion that Michigan littoral owners of property owned to the water's very edge and could exclude members of the public from walking on the beach. In that instant almost 3300 miles of the Great Lakes foreshore became, in theory and in law, closed to public use. The case became the leading flash point of controversy between the vast public and ardent private property rights groups. A little more than one year later, the Michigan Supreme Court reversed that ruling as errant on public trust grounds and returned …

Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt

Publications

The Bar Examiners got rather lazy in their Property question on the last bar exam. Instead of asking a reasonably complex or difficult essay question, they took four little multiple choice hypotheticals and packaged them into one large but utterly unintegrated question, with no connection of any kind between the parts.

25th Annual Symposium (Presenter), Joyce Palomar

Joyce Palomar

No abstract provided.

Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest

17 slides

Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Joe Feller, College of Law, Arizona State University

22 slides

Slides: Forests And Grasslands, Federico Cheever

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Professor Federico Cheever, University of Denver Sturm College of Law

30 slides