Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (3)
- Legal History (3)
- Bankruptcy Law (2)
- Commercial Law (2)
- Human Rights Law (2)
-
- Indigenous, Indian, and Aboriginal Law (2)
- Land Use Law (2)
- Natural Resources Law (2)
- Secured Transactions (2)
- Civil Rights and Discrimination (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Environmental Law (1)
- Estates and Trusts (1)
- International Law (1)
- Jurisprudence (1)
- Law and Society (1)
- Legal Remedies (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Water Law (1)
- Keyword
-
- Constitutional Law (3)
- Legal History (3)
- Bankruptcy Law (2)
- Commercial Law (2)
- Human Rights Law (2)
-
- Indian and Aboriginal Law (2)
- Land Use Planning (2)
- Natural Resources Law (2)
- Secret liens (2)
- Secured Transactions (2)
- Securitization (2)
- Access rights (1)
- Civil Rights and Discrimination (1)
- Commerce clause (1)
- Commercial finance (1)
- Conseervation (1)
- Contracts (1)
- Courts (1)
- Data (1)
- Dispute Resolution (1)
- Economics (1)
- Environmental Law (1)
- Estates and Trusts (1)
- Fraudulent transfers (1)
- Intellectual property (1)
- Internal improvements (1)
- International Law (1)
- Jurisprudence (1)
- Land trust (1)
Articles 1 - 6 of 6
Full-Text Articles in Property Law and Real Estate
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
ExpressO
No abstract provided.
The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen
The Police Power Revisited: Phantom Incorporation And The Roots Of The Takings Muddle, Bradley C. Karkkainen
ExpressO
This article traces the roots of the current muddle in the Supreme Court’s regulatory takings jurisprudence to an ill-considered “phantom incorporation” holding in Penn Central v. New York (1978), the seminal case of the modern regulatory takings era. The Penn Central Court anachronistically misread a long line of Fourteenth Amendment Substantive Due Process cases as Fifth Amendment Takings Clause cases, misattributing to Chicago Burlington & Quincy v. Chicago (1897) (“Chicago B & Q”) the crucial holding that the Fifth Amendment Takings Clause applied to the states. Like other cases of its era, Chicago B & Q was decided strictly on …
The End Of Notice: Secrets And Liens In Commercial Finance Law, Jonathan C. Lipson
The End Of Notice: Secrets And Liens In Commercial Finance Law, Jonathan C. Lipson
ExpressO
This article explores important recent changes in the way that we treat personal property in commercial finance transactions. Among other things, these changes reduce or eliminate the obligation to give notice of interests in personal property when it is used in commercial finance transactions (as, e.g., collateral for a loan).
A principal purpose of notice-filing has been to deter the creation of secret liens, interests in property that are neither recorded nor otherwise readily observable. Secret liens are universally castigated as abhorrent.
Yet, two recent sets of legislative developments suggest that we may care much less about the problem of …
Secrets And Liens: Verification And Measurement In Commercial Finance Law, Jonathan C. Lipson
Secrets And Liens: Verification And Measurement In Commercial Finance Law, Jonathan C. Lipson
ExpressO
This article argues that commercial finance law increasingly uses contract rules to displace property rules, especially as these rules pertain to verifying and measuring property interests. In this context, verification simply means confirming the existence of a property interest, such as a lien or security interest. Measurement means determining the relationships of various property interests to one another (i.e., the priority of interests).
Historically, commercial finance law – in particular the Uniform Commercial Code, which governs loans secured by personal property – provided that something would be treated as “property” only if its property character was fairly easy to discover. …
From The Lighthouses: How The First Federal Internal Improvement Projects Created Precedent That Broadened The Commerce Clause, Shrunk The Takings Clause, And Affected Early Nineteenth Century Constitutional Debate, Adam S. Grace
ExpressO
No abstract provided.
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford
ExpressO
The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …