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Articles 31 - 37 of 37
Full-Text Articles in Law
From A Muddle To A Mudslide: Murr V. Wisconsin, Nicole Stelle Garnett
From A Muddle To A Mudslide: Murr V. Wisconsin, Nicole Stelle Garnett
Journal Articles
This article analyzes the U.S. Supreme Court's most-recent regulatory takings decision, Murr v. Wisconsin, concluding that the decision further muddies the takings waters and threatens to undermine the already-limited protection of private property provided by the Fifth Amendment's Takings Clause.
Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward
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).
Crossing Two Color Lines: Interracial Marriage And Residential Segregation In Chicago, Dorothy E. Roberts
Crossing Two Color Lines: Interracial Marriage And Residential Segregation In Chicago, Dorothy E. Roberts
All Faculty Scholarship
Residential segregation and antimiscegenation were interwined means of maintaining an unequal racial order, challenging both sociological theories about immigrant assimilation and upward mobility and legal theories about the significance of interracial marriage for racial equality.
Landowners' Fcc Dilemma: Rereading The Supreme Court's Armstrong Opinion After The Third Circuit's Depolo Ruling, Gerald S. Dickinson
Landowners' Fcc Dilemma: Rereading The Supreme Court's Armstrong Opinion After The Third Circuit's Depolo Ruling, Gerald S. Dickinson
Articles
In Armstrong v. Exceptional Child Ctr., Inc., the Supreme Court took a turn in its refusal to provide avenues for relief to private actors against the state in federal court, finding that the Supremacy Clause does not provide for an implied right of action to sue to enjoin unconstitutional actions by state officers. Many critics of that decision, including the four dissenting Justices, question the wisdom of the ruling generally. However, from a property rights perspective, the decision sheds light on a dilemma unforeseen by many scholars and made most apparent by a recent Third Circuit decision, Jeffrey DePolo …
Inclusionary Takings Legislation, Gerald S. Dickinson
Inclusionary Takings Legislation, Gerald S. Dickinson
Articles
This Article proposes an alternative post-Kelo legislative reform effort called “inclusionary takings.” Like inclusionary zoning legislation, inclusionary takings legislation would trigger remedial affordable housing action to mitigate the phenomenon of exclusionary condemnations in dense urban areas and declining suburban localities. An inclusionary takings statute would also mandate that local municipalities and private developers provide affordable housing in new developments benefiting from eminent domain takings. Such a statute may ameliorate the phenomenon of exclusionary condemnations in dense urban areas that displaces low-income families from urban neighborhoods. An inclusionary taking, like inclusionary zoning, in other words, requires affordable housing contributions from developers …
Moore Kinship: Foreword, R.A. Lenhardt, Clare Huntington
Moore Kinship: Foreword, R.A. Lenhardt, Clare Huntington
Faculty Scholarship
Forty years ago, Mrs. Inez Moore, a widowed black mother and grandmother of little means, secured a victory that likely seemed improbable to many. Without any money, but with the assistance of a team of dedicated Legal Aid attorneys, she took her lawsuit challenging an East Cleveland, Ohio, zoning ordinance that made it a crime for her to live with her grandson all the way to the U.S. Supreme Court and won. The ordinance permitted certain extended family configurations to reside together within the city’s limits, but it prohibited Inez’s family arrangement. Just by bringing her infant grandson John Jr., …
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Introduction, Julian Conrad Juergensmeyer, Karen Marie Johnston
Faculty Publications By Year
No abstract provided.