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Articles 1 - 15 of 15
Full-Text Articles in Law
14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern
14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern
James Y. Stern
No abstract provided.
Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern
Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern
James Y. Stern
Welcome to Episode 24 of the Eminent Domain Podcast. We have a great episode for you that we are calling “A Review of Knick v. Township of Scott.” Our guest today is Professor James Stern of the William & Mary Law School. Professor Stern is uniquely qualified to talk about the Knick case as both a current property law professor and a former U.S. Supreme Court clerk.
14th Brigham-Kanner Property Rights Conference: Property Rights In Water, Renee Moulin, Holly Doremus, Robert Abrams, Eric Alston, Linda A. Malone
14th Brigham-Kanner Property Rights Conference: Property Rights In Water, Renee Moulin, Holly Doremus, Robert Abrams, Eric Alston, Linda A. Malone
Linda A. Malone
No abstract provided.
International Survey Of Family Law, 2018 Ed., Margaret Brinig
International Survey Of Family Law, 2018 Ed., Margaret Brinig
Books
Margaret Brinig, editor The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering 20 or more jurisdictions in each edition.
The 2018 edition addresses highly topical matters ranging from assisted reproductive technology and sterilisation to end-of-life issues and estate settlement. The authors explore legislative changes, common law developments and challenges of integrating customary law or …
Responding To Takedown Requests For Digital Library Repositories, Kristina L. Niedringhaus
Responding To Takedown Requests For Digital Library Repositories, Kristina L. Niedringhaus
Kristina L Niedringhaus
No abstract provided.
The Myths Of Going Concern Valuations, Jack F. Williams
The Myths Of Going Concern Valuations, Jack F. Williams
Jack F. Williams
No abstract provided.
Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel
Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel
Jessica Gabel Cino
No abstract provided.
Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel
Pro & Con: Should Congress Adopt A New Tax Credit For Buying A Home? Yes: No Recovery Is Possible If Homeowners Lose Their Homes, Jessica D. Gabel
Faculty Publications By Year
No abstract provided.
American Law Of Real Estate, J. David Reitzel, Robert B. Bennett, Michael J. Garrison
American Law Of Real Estate, J. David Reitzel, Robert B. Bennett, Michael J. Garrison
Scholarship and Professional Work - Business
American Law of Real Estate presents real estate law as a national body of law covering community property states as well as common law martial property rights. This book is ideal for those seeking a real estate license as well as for property managers, investors, developers, homeowners, and apartment dwellersuto anyone seeking to own or use land
The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman
The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman
Scholarship and Professional Work - Business
Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.
Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman
Mortgage Drafting: Lessons From The Restatement Of Mortgages, Dale A. Whitman
Faculty Publications
The American Law Institute's adoption of the Restatement (Third) of Property: Mortgages may have significant impact on the negotiation and drafting of mortgages. Rather than merely reciting the prevailing case law, the Restatement proposes approaches the American Law Institute believes are desirable as a matter of sound policy. This Article highlights key areas in which the new Restatement may affect mortgage drafting and suggests useful techniques for mortgage drafters.
Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman
Reforming The Law: The Payment Rule As A Paradigm , Dale A. Whitman
Faculty Publications
The concept of negotiability of promissory notes is solidly entrenched in American commercial law. It derives from the English common law notion that a negotiable instrument is a reification of the obligation it describes; the instrument is regarded as a tangible form of the obligation. This notion has multiple ramifications, but three stand out. The first is the holder in due course doctrine which asserts that, when a negotiable instrument is transferred by the correct process (negotiation, which requires delivery of the paper) to someone with the right qualities (good faith, lack of notice, and payment of value), the maker …
Torts - Negligence - Liability For Damages Accruing To Another By Act Done To Save One's Own Property
Michigan Law Review
Defendant was negligent in allowing a wooden barge to be loaded with crude oil without adequate fire protection. After the ship had been set afire by lightning, defendant had it cast adrift to save its wharf from destruction. The floating vessel later damaged plaintiff's property two miles distant. Held, defendant committed an actionable wrong. Swan-Finch Oil Corp. et al. v. Warner-Quinlan Co., (N. J. 1933) 167 Atl. 211.
Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty
Fixtures - Rights Of Conditional Vendors Against Mortgagees Of Realty
Michigan Law Review
Plaintiff sought to foreclose a mortgage with an after-acquired property clause on an industrial plant in which were installed various pieces of machinery sold by the defendant vendors under a conditional sale to the mortgagor after the execution of the realty mortgage. The machinery was so attached as to become fixtures and was evidently necessary to the continuance of the enterprise, but was removable without damage to the building as it stood before the machinery was installed. It was held that the conditional vendors could remove the machinery. People's Savings & Trust Co. v. Munsert, (Wis. 1933) 249 N. …
Equity - Election Of Remedies - Proof Of Claim In Receivership
Equity - Election Of Remedies - Proof Of Claim In Receivership
Michigan Law Review
Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …