Law Commons^™

Shooting In The Park: Distinguishing Public From Private Property Under Georgia’S Firearms Carrying Laws, Mackenzie Miller

Law Review Blog Posts

Georgia’s recent expansion of concealed carry creates safety problems for public events within the state’s parks. Exploring Georgia’s gun laws, this Article examines possible loopholes and addresses growing concerns.

Sale And Lease Of Mecca Real Estate In The Islamic Jurisprudence

UAEU Law Journal

The researcher clarifies in the beginning of his study the historic importance of Mecca and its value to Muslims where the second Kiblah is located and being the destination of all Muslims who go for pilgrimage and the minor hajj every year. The researcher also exposes to the major problems that face Mecca visitors such as high rents specialty during the pilgrimage and minor hajj seasons proposing various solutions. Then clarifies the origin of dispute about selling and lease of Mecca's real estate in the Islamic jurisprudence identifying the two basis on which the dispute arouse. The researcher further moves …

Uruguay : New Developments In The Civil Law Of The Eastern Republic Of Uruguay In 2019 And 2020, Walter Howard

Journal of Civil Law Studies

No abstract provided.

22nd Annual Open Government Summit: Office Of The Attorney General: Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Economic Analysis Of Jewish Law, Keith Sharfman

Touro Law Review

No abstract provided.

21st Annual Open Government Summit: Office Of The Attorney General, Access To Public Records Act & Open Meetings Act, Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker

Public Land & Resources Law Review

In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.

Debtor-Tenants Located In Shopping Centers Must Satisfy Heightened Requirements When Assuming And Assigning Their Unexpired Lease In Bankruptcy, Kristin Catalano

Bankruptcy Research Library

(Excerpt)

Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor filing for bankruptcy with an executory contract or unexpired lease will be relieved of their obligation under that contract or lease when it is properly assumed and assigned to a third party with court approval. Section 365(b) mandates that the debtor meet certain requirements to assume a contract or lease, which includes providing adequate assurance of future performance.

Section 365(b)(3) governs the assumption and assignment for debtor-tenants located in shopping centers. Section 365(b)(3) enumerates heightened requirements in providing adequate assurance in order for the debtor-tenant in …

Balancing And Protecting Competing Interests Of A Landlord-Tenant Relationship In A Section 363 Sale, Kayla Dimatos

Bankruptcy Research Library

(Excerpt)

Section 363(f) of title 11 of the United States Code (the “Bankruptcy Code”) gives the trustee or debtor in possession a powerful tool to sell property of the estate “free and clear of any interest in such property.” Before the estate can sell an asset “free and clear of any interest in such property,” the Bankruptcy Code requires that a debtor or trustee satisfy the statutory requirements enumerated in section 363(f). A sale of property of the debtor’s estate is permissible only if:

(1) applicable nonbankruptcy law that permits such a sale, (2) the nondebtor entity consents, (3) the …

Perspectives - 120 Wall Street, James Hagy, Alison Snyder

Rooftops Project

Through a decades-long collaboration with the city and state, not-for-profit tenants occupy office space in a landmarked structure in the heart of Wall Street with the unusual advantage of no real estate taxes. The Rooftop Project’s Alison Snyder and Professor James Hagy interview Jeremy Moss and Camille McGratty of Silverstein Properties at the iconic 120 Wall Street building in lower Manhattan.

The Post-Production Costs Issue In Texas And Louisiana: Implications For The Fate Of Implied Covenants And Pro-Lessor Clauses In The Shale Era Oil And Gas Lease., Laura H. Burney

St. Mary's Law Journal

This Article discusses the implications of Heritage Resources, Hyder, and several Louisiana cases on the “post-production costs” issue in gas royalty clauses, as well as the fate of implied covenants in the shale era. To better understand that issue, this Article first provides a background on the interaction of express lease clauses and the doctrine of implied covenants. This discussion reveals that implied covenants are relegated to a minor role in light of extensive express clauses in Shale Era leases because courts frequently view express or “plain” terms as barring implied covenants. The problem, however, as commentators have noted—particularly regarding …

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Other Publications

This article discusses certain ancillary but important documents in the context of two common real estate transactions: mortgage loan financings and acquisitions of income-producing real estate. In particular, the article analyzes current case law and drafting considerations relating to estoppel certificates, certified rent rolls and subordination, non-disturbance agreements (SNDAs). In addition, the article examines due diligence issues for the lender and buyer. Note: This article was co-authored with Barry Hines, Partner, Frost, Brown, Todd LLC and Everett Ward, Partner, Quarrels & Brady LLP and initially presented at the Spring Meeting of the American College of Real Estate Lawyers (ACREL).

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Articles & Chapters

No abstract provided.

Pechanga Band Of Luiseño Mission Indians Water Rights Settlement Act, United States 114th Congress

Native American Water Rights Settlement Project

Federal Legislation: Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act (WIIN Act of 2016, Title III - Natural Resource, Subtitle D). Parties: Pechanga Band of Luiseño Mission Indians, United States. The lead agency for environmental compliance is the Bureau of Reclamation. The Act confirms the Tribal water right as The Act designates that 1) the rights of allottees are protected; 2) a Tribal Water Right of up to 4,994 acre-feet of water per year is confirmed in accordance with Interlocutory Judgement No. 41 as affirmed by the Fallbrook Decree; 3)water right can be used for any purpose; 4) …

“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod

Eloisa C Rodríguez-Dod

Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own. This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides …

Perspectives - Susanna Fodor Of Scarola Malone Zubatov, James Hagy, Alicia Langone

Rooftops Project

In a recent visit with the Rooftops Project's Alicia Langone and Professor James Hagy, construction lawyer Susanna Fodor offers views on the tenant improvement process when a not-for-profit organization selects space to lease and on routine repair and renovation projects for properties a not-for-profit may own.

Fact Sheet: Comparison Of Land Rights And Native Title In Nsw, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

3 pages

Contains footnotes

"Land Rights and Native Title in NSW"

"October 2012"

"This document has been prepared by the New South Wales Aboriginal Land Council (NSWALC) for Local Aboriginal Land Councils (LALCs) and Aboriginal communities in NSW. NSWALC acknowledges the assistance of NTSCORP Limited (NTSCORP) in the development of this Fact Sheet."--Last page

Newsroom: Introducing Urban, Experiential Campus 04-05-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Sublessee’S Rights In The Face Of A Debtor-Sublessor’S Rejection Of An Unexpired Lease Under Chapter 11, Adam K. Lau

Bankruptcy Research Library

(Excerpt)

Whether or not rejection of a lease constitutes termination is of great concern to interested parties in a chapter 11 bankruptcy proceeding. This determination can alter the remedies available for injured parties. Section 365 of the Bankruptcy Code establishes the general rule that rejection does not constitute termination, and sets forth the circumstances where exceptions to the general rule apply.

In In re Overseas Shipholding Group, Inc., a Delaware Bankruptcy Court held that the rejection of a lease constitutes a prepetition breach of the lease under section 365(g) of the Bankruptcy Code. The court determined the amount of …

Red-Handed Without A Defense: Avoiding Civil Forfeiture When Leasing To Lawful Marijuana Tenants, Cielo Fortin-Camacho

Texas A&M Journal of Property Law

Lawful marijuana tenants (“LMT”), or tenants who lease property for the purpose of operating a marijuana-related business in compliance with the applicable marijuana provisions of their state, are demanding property and offering big bucks—leaving property owners in a precarious situation. This Article discusses the problem faced by property owners wishing to lease premises to growers, processors, and sellers of marijuana in states that have adopted marijuana provisions and established regulatory frameworks. In these states, marijuana provisions do not alter the respective state’s landlord-tenant statutes, despite the various property-related requirements marijuana businesses must adhere to for licensure to operate. Licensing requirements …

Colder Than A Landlord's Heart? Reconciling A Debtor's Authority To Sell Property Free And Clear Of A Lease Under Bankruptcy Code Section 363(F) With The Tenant's Right To Remain In Possession On A Lease Rejection Under Bankruptcy Code Section 365(H), Bruce Grohsgal

Marquette Law Review

The question examined in this Article is a simple one—Can a tenant with a right to possession under section 365(h) of the Bankruptcy Code be ousted from possession by a free and clear sale of the real property by the debtor-landlord pursuant to section 363(f) of the Bankruptcy Code? The Seventh Circuit, the only court of appeals to have considered the issue, said “yes” in Precision Industries, Inc. v. Qualitech Steel SBQ, LLC and authorized a sale free and clear of the lease and the tenant’s right to remain in possession. Subsequent decisions from the district and bankruptcy courts are …

Avenues To Foreign Investment In China’S Shipping Industry—Have Lease Financing Arrangements And The Free Trade Zones Opened Markets For Foreign Non-Bank Investment?, Rick Beaumont

Rick Beaumont

No abstract provided.

Legal Nature And Contractual Conditions In Know-How Transactions, Carlos M. Correa

Georgia Journal of International & Comparative Law

No abstract provided.

Mining Investment In Brazil, Peru, And Mexico: A Practical Methodology, Gerald J. Pels

Georgia Journal of International & Comparative Law

No abstract provided.

Newsroom: Rwu Law Expands Providence Presence, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Enforceability Of Abatement Provisions, Shantel Castro

Bankruptcy Research Library

(Excerpt)

The moment a lease is executed, a set of obligations and rights are created between the landlord and tenant. In exchange for the payment of rent, the landlord is required to provide a space suited for the intended purpose of the rental. In addition, both parties are obligated to abide by any specific terms in the lease. Among those terms may be an abatement provision. An abatement provision is a clause in the lease that releases a lessee from the obligation to pay rent when a particular event occurs. The specific triggering event is usually listed in the lease. …

Trending@Rwu Law: Dean Yelnosky's Post: Ending 2014 With An Exclamation Point; Looking Forward To January..., Michael Yelnosky

Law School Blogs

No abstract provided.

White Mountain Apache Water Rights Quantification Settlement Judgment And Decree, Superior Court Of Apache County, Az.

Native American Water Rights Settlement Project

Post- Settlement Court Decree, White Mountain Apache Water Rights Quantification Settlement Judgment and Decree, Parties: WMAT, White Mountain Apache Tribe, AZ, Arizona, USA, United States of America,, Arizona Water Company, Buckeye Irrigation Company, Buckeye Water Conservation and Drainage District, CAWDC, Central Arizona Water Conservation District, City of Avalon, City of Chandler, City of Glendale, City of Mesa, City of Peoria, City of Phoenix, City of Show Low, City of Scottsdale, City of Tempe, Town of Gilbert, RWCD, Roosevelt Water Conservation District, SRP, Salt River Project Agricultural Improvement and Power District, Salt River Valley Water Users' Association,

Quantification of WMAT rights …

“We Buy Houses”: Market Heroes Or Criminals?, Cori Harvey

Missouri Law Review

The residential sale/leaseback/buyback (“RSLB”) transaction is a socially beneficial foreclosure rescue transaction that is being regulated increasingly by the criminal courts to the detriment of the homeowners, investors, and society at large. Because the transaction is being regulated more aggressively with the criminal law, peculiar outcomes arise, which include investors being sentenced, in some cases, to draconian sentences – a trend that will eviscerate the transactions rather than improving them.

Benevolent Maleficence:How A Well-Intentioned Legislature And A Deferential Court Combined To Stunt The Development Of Massachusetts Product Liability Law, Philip E. Cleary

University of Massachusetts Law Review

Massachusetts product liability law is unusual. Unlike most states, Massachusetts does not recognize strict tort liability in the product area. Rather, "strict product liability" is limited to breaches of warranty under Article 2 of the Uniform Commercial Code. the Massachusetts Legislature amended Article 2 in several ways to provide a "strict liability" remedy that is, in the words of the Massachusetts Supreme Judicial Court, "congruent in nearly all respects with the principles" of strict tort liability. The court has construed the amendments to the UCC as precluding the adoption of strict tort liability in Massachusetts. In most ways, Massachusetts product …