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The Financing Assignee And The Contract For Sale In The United States And Canada, Benjamin Geva 2016 Selected Works

The Financing Assignee And The Contract For Sale In The United States And Canada, Benjamin Geva

Benjamin Geva

No abstract provided.


Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr. 2016 Boston College Law School

Caveat Emptor: How The Public Trust Doctrine Impacts The Penn Central Test And A Beachfront Landowner’S “Bundle Of Rights”, Eric J. Risley Jr.

Boston College Environmental Affairs Law Review

Derived from ancient Justinian and English common law, the “public trust doctrine” vests ultimate and inalienable ownership of certain tracts of land in the state. Many states have incorporated some variation of the public trust doctrine into their statutes, constitutions, or common law. The application of the public trust doctrine, however, has been challenged as constituting a Fifth Amendment regulatory taking of private property under the United States Constitution, giving rise to the need for just compensation. This type of application of the public trust doctrine was at issue in the nearly decade-long saga culminating in the decision of Palazzolo ...


This Land Is Not For Sale, Derrick Braaten 2016 Mitchell Hamline School of Law

This Land Is Not For Sale, Derrick Braaten

Mitchell Hamline Law Review

No abstract provided.


Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell 2016 Mitchell Hamline School of Law

Cartways—An Ancient Relic Disturbing Today's Rural Landscape?, Sarah R. Jewell

Mitchell Hamline Law Review

No abstract provided.


Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon 2016 Mitchell Hamline School of Law

Big Fish, Small Sea: Big Companies In Small Towns, Christyne J. Vachon

Mitchell Hamline Law Review

No abstract provided.


Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce 2016 New York Law School

Perspectives - Emmy Award-Winning Producer And Director Thomas Kaufman, James Hagy, Colin Pearce

Rooftops Project

What makes an effective message when asking for donations to a capital project using video and streaming media? Professor James Hagy and Rooftops Team member Colin Pearce asked Emmy Award-winning producer and director Tom Kaufman after screening his remarkable two-minute video for the Playtime Project, the goal of which was to fund construction of a children’s playground for a large homeless shelter in a converted, former general hospital in the District of Columbia.


Probate A To Z: Guiding You Through The Statutes, Rules, And Procedures (Click Sharkmedia Below For Video), Adam Scott Goldberg 2016 Krause & Goldberg PA

Probate A To Z: Guiding You Through The Statutes, Rules, And Procedures (Click Sharkmedia Below For Video), Adam Scott Goldberg

Law Center Plus Seminar Series

  • Learn about probate court statutes and rules of procedure in Florida
  • Understand how Probate issues can impact other areas such as: real estate, family, and debt/creditor law.
  • How to handle special challenges that arise in probate cases
  • Discuss recent procedural changes in Miami-Dade & Broward Probate Court


Intestate Succession In A Polygamous Society, Barry Cushman 2016 Notre Dame Law School

Intestate Succession In A Polygamous Society, Barry Cushman

Barry Cushman

The pursuit of polygamous unions by members of the Church of Jesus Christ of Latter-Day Saints in nineteenth-century Utah posed challenges for the law of the family unique in the annals of American legal history. The exotic familial relationships generated by plural marriages created novel and peculiar problems for the traditional law of intestacy. Mormon leaders, in an effort to avoid these problems, urged their polygamous brethren to make wills. Many polygamists, however, either neglected to plan their estates or were actively opposed to doing so. Mormon legislators accordingly sought to craft statutory schemes that would accommodate the peculiar inheritance ...


Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley 2016 University of Georgia School of Law

Convention Providing A Uniform Law On The Form Of An International Will: Problems With State Probate Law, Jack N. Sibley

Georgia Journal of International & Comparative Law

No abstract provided.


The Effect Of Zoning Ordinances On Churches; Examination Of Jurors As To Religious Prejudice, 2016 St. John's University School of Law

The Effect Of Zoning Ordinances On Churches; Examination Of Jurors As To Religious Prejudice

The Catholic Lawyer

No abstract provided.


Emulsified Property, Jessica A. Shoemaker 2016 Pepperdine University

Emulsified Property, Jessica A. Shoemaker

Pepperdine Law Review

The typical American Indian reservation is often described as a “checkerboard” of different real property ownership forms. Individual parcels of reservation land may be held in either a special federal Indian trust status or in fee, by either Indian or non-Indian owners. The general jurisdictional framework provides that federal and sometimes tribal law sets the rights and responsibilities of trust owners, while fee owners are subject to a peculiar mix of state and tribal law. Many scholars have analyzed the challenges created by this checkerboard pattern of property and jurisdiction. This Article, however, reveals an even more complicated issue that ...


Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano 2016 Elisabeth Haub School of Law at Pace University

Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano

Pace Environmental Law Review

In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and ...


A Lender's Vorpal Sword: Expungement Affidavits & Their Power To Void Sheriff's Sales & Revert Mortgages Back To The Homeowner, Joshua LaBar 2016 Michigan State University College of Law

A Lender's Vorpal Sword: Expungement Affidavits & Their Power To Void Sheriff's Sales & Revert Mortgages Back To The Homeowner, Joshua Labar

Cornell Real Estate Review

Like many Americans across the country, Michigan residents have faced a staggering number of foreclosures in the last few years.2 In 2009, Laura Buttazzoni was one of the many Michigan homeowners facing the dire reality that she was going to lose her home.3 After Buttazzoni’s failed attempt to sell her home, her bank initiated a sheriff’s sale in late 2009.4 After the statutory redemption period expired,5 Fannie Mae evicted Buttazzoni and relisted the home in 2011.6 Even though Buttazzoni’s home was foreclosed, sold at a sale, and relisted on the market—she ...


Breaking Up Is Hard To Do: Developments In Partitioning Real And Personal Property In Marital, Business, And Personal Relationships In Florida Jurisprudence, Harry M. Hipler 2016 University of Miami Law School

Breaking Up Is Hard To Do: Developments In Partitioning Real And Personal Property In Marital, Business, And Personal Relationships In Florida Jurisprudence, Harry M. Hipler

University of Miami Business Law Review

This article focuses on partition of real and personal property in Florida in the 21st century. It discusses questions and issues about partitioning real and personal property, so that private lawyers who practice in a variety of areas can familiarize themselves with how partition proceedings work. Partition of real and personal property is not restricted to one area of the law. Instead, it relates to and bleeds over into a multitude of areas of the law making it necessary for all practitioners to be familiar with the area of partition. Partition is now provided in all 50 states, and Florida ...


License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov 2016 University of St. Thomas, Minnesota

License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin 2016 Vanderbilt Law School

Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin

Boston College Environmental Affairs Law Review

Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion broadly, applying it to all land-use litigation. Other courts have interpreted the exclusion narrowly. Both interpretations are problematic. The former is at odds with policy language and the normal rule that insurance policies are to be construed against the insurer. The latter creates an opportunity for plaintiffs to craft their pleadings explicitly to trigger or to avoid triggering the municipality’s insurance coverage. Plaintiffs seeking a quick settlement are well advised to plead around the exclusion so as to settle ...


A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow 2016 Boston College Law School

A Fractured Standard: How The Fourth Circuit Granted Expansive Implied Property Rights To Mineral Owners, Davis Truslow

Boston College Environmental Affairs Law Review

Extraction of natural gas through hydraulic fracturing poses a significant risk of harm to human health and the environment. West Virginia, like many states that lie above vast oil and gas resources, grants expansive implied property rights to owners of subsurface mineral estates. In Whiteman v. Chesapeake, L.L.C., the United States Court of Appeals for the Fourth Circuit held that a hydraulic fracturing company’s construction and use of drilling waste pits on the surface of another’s property did not constitute a trespass under West Virginia common law because it was reasonably necessary for the recovery of ...


The Intersection Of The Takings Clause And Rising Sea Levels: Justice O’Connor’S Concurrence In Palazzolo Could Prevent Climate Change Chaos, Devon Applegate 2016 Boston College Law School

The Intersection Of The Takings Clause And Rising Sea Levels: Justice O’Connor’S Concurrence In Palazzolo Could Prevent Climate Change Chaos, Devon Applegate

Boston College Environmental Affairs Law Review

Takings Clause jurisprudence is in a state of disarray. The Supreme Court of the United States has not eased the difficult task of determining what constitutes an unconstitutional regulatory taking. Although the Supreme Court provided some guidance by articulating a three-prong test for determining what constitutes such a taking, it failed to define each prong. In a concurring opinion in Palazzolo v. Rhode Island, Justice Sandra Day O’Connor defined the character of the governmental act prong by emphasizing the importance of the purposes served by a governmental act. Justice O’Connor’s approach is well suited to handle future ...


Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack 2016 Boston College Law School

Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack

Boston College Environmental Affairs Law Review

The Atlantic coastline of the United States is experiencing sea level rise at a rate higher than the global average. Antiquated property laws and land use tools are unable to adequately assist state and local governments in managing coastal regions, in light of this threat. Rolling easements—prohibiting hard shoreline armoring and requiring the movement or abandonment of property once it becomes inundated by the sea—would allow for the natural inland migration of invaluable coastal resources such as beaches and wetlands. Further, enacting rolling easement polices would be a proactive step towards providing ocean-front property owners with notice of ...


Water, Water, Everywhere, And Plenty Of Drops To Regulate: Why The Newly Published Wotus Rule Does Not Violate The Commerce Clause, Samuel Worth 2016 Boston College Law School

Water, Water, Everywhere, And Plenty Of Drops To Regulate: Why The Newly Published Wotus Rule Does Not Violate The Commerce Clause, Samuel Worth

Boston College Environmental Affairs Law Review

On June 29, 2015, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers jointly published a final rule, “Definition of ‘Waters of the United States’ Under the Clean Water Act,” to clearly delineate how the Clean Water Act protects streams and wetlands. The new Waters of the United States rule (“WOTUS Rule” or the “Rule”) abrogated the previous definition of waters of the United States under Clean Water Act jurisdiction. To the great displeasure of many private landowners, the Rule entered into effect on August 28, 2015. In particular, several critics have argued that the ...


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