Law Commons^™

The Statutory Community Property Agreement As A Will Substitute On The Death Of The Second Spouse, William Oltman, Mark Reutlinger

Faculty Articles

This article reviews an amendment to the statutory community property agreement. It outlines intricacies of the statute, and includes in its discussion many noteworthy cases.

Surface Water And Nuisance Law: A Proposed Synthesis, Donald L. Burnett Jr.

Articles

No abstract provided.

Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.

Book Received, Law Library Staff

Vanderbilt Journal of Transnational Law

Books Received

Aspects of the International Banking Safety Net

By G.G. Johnson, with Richard K. Abrams

Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00

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The Soviet Viewpoint

By Georgi Arbatov and Willem Oltmans

New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95

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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations

By Phillip I. Blumberg

Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00

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Iraq & Iran: Roots of Conflict

By Tareq Y. Ismael

Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …

Surface Rights In Artificial Watercourses, James N. Corbridge Jr.

Publications

No abstract provided.

Conflicts Between The West Virginia Landlord's Lien And Article Nine Of The Uniform Commercial Code, Nicholas L. Divita

West Virginia Law Review

No abstract provided.

Property, Michael Lee Keller

West Virginia Law Review

No abstract provided.

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …

Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume

Seattle University Law Review

The principal thesis of this Article is that property and contract questions should not be solved independently and are most usefully approached in a distinct order. Because the installment contract divides the incidents of property ownership usually associated with legal title between the parties to the contract, it should be treated differently than the earnest money contract in which the incidents of ownership are not divided. In addition, it is important to first answer some remedial questions before proceeding to make decisions about the property interest of each party to the contract. To support this thesis, this Article explains in …

Cardozo Revisited: Liability To Third Parties; A Real Property Perspective, Robert Kratovil

Seattle University Law Review

One of the most outstanding jurists of our time, Justice Benjamin Cardozo, articulated a principle spanning the "seamless web" of the law which, unfortunately, has been obscured by the attempts of courts, casebook writers, and law professors to pigeonhole the principle into familiar categories. Justice Cardozo established the principle that a person who undertakes a task is liable for injury to remote third parties, regardless of lack of privity, which arises from the person's negligent performance of the task. Cardozo also enunciated an exception to this rule which developed into a widely accepted opposing rule. This Article first traces the …

Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus

Seattle University Law Review

The rule of monument control has developed as a necessary corollary to the Statute of Frauds as applied to land conveyances. Confusion in the application of the two rules can be avoided by examining their underlying equitable policies. A consideration of these policies is necessary for a reasoned approach to judging the admissibility and weight of evidence needed to prove a boundary monument. San Juan County v. Ayer illustrates the confusion which can result when a court attempts to apply these rules in a technical manner divorced from their historical background. Many boundary disputes could properly be resolved by using …

Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper

Seattle University Law Review

This Comment will trace the history of the Washington courts' decision to deny foreclosure by judicial sale in land installment contracts with forfeiture clauses and will demonstrate the viability and preferability of foreclosure by judicial sale as an equitable remedy for a defaulting buyer. The Comment will also describe how other states, either legislatively or judicially, have resolved the inequity of forfeitures.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Judicial Remedies In Pattern And Practice Suits Under The Fair Housing Act Of 1968: United States V. City Of Parma, Karen E. Rubin

Cleveland State Law Review

The elimination of racially segregated housing is a national goal of high priority. This goal is reflected in the pronouncements of law-makers and policy shapers, in decisional law, and in the existence of federal and state legislation designed to eradicate ghettos and replace them with "truly integrated and balanced" communities. Yet segregated housing patterns persist, often finding their source and legitimization in the policies and practices of local governments. This Note will examine an Ohio decision, United States v. City of Parma, and its impact on two issues: the bringing of a "pattern and practice" suit under Title VII of …

Forfeiture And The Land Installment Contract: Sebastian V. Floyd, Allen K. Montgomery Jr.

Kentucky Law Journal

No abstract provided.

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

Conservation Easements: The Greening Of America?, Kemble Hagerman Garrett

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Property, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins

Publications

No abstract provided.

Sale-Leaseback Transactions By Tax-Exempt Entities And The Need For Congressional Guidelines, William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr., William L. Vallee, Jr.

Fordham Urban Law Journal

This Note explores the use, mechanics, and financial and tax ramifications of sale-leaseback transactions, focusing on their growing use by tax-exempt entities and the concerns this use has created in Congress. This analysis demonstrates that these transactions do not pose the problems feared by Congress, the Treasury Department (IRS), and the current Administration. Furthermore, it will show that under most circumstances sale-leaseback transactions by tax-exempt entities, although causing a revenue loss, are a useful device for providing certain tax-exempt entities with the financial means to maintain services in the face of rising costs and the withdrawal of federal funding. Finally, …

Zoning New York City To Provide Low And Moderate Income Housing - Can Commercial Developers Be Made To Help?, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi, Carl J. Rossi

Fordham Urban Law Journal

Lower income New York City residents are faced with a housing emergency. Concurrently, commercial and luxury residential development is expanding. New York is considering adopting an approach to the housing shortage which has been taken in several other cities. The plan advocates amendment of the City's zoning ordinance to require developers of commercial and luxury residential projects to provide the City with lower income housing units. This Note examines the proposed requirement that commercial developers provide lower income housing units. It addresses the question of the validity of such a requirement in the context of New York City's statutory authority …

Restrictive Covenants - Enforceability Of Assessments Against Property Owners In Residential Developments - Figure Eight Beach Homeowners' Association, Inc. V. Parker, Ernest Rawls Carter Jr., Monty Beck

Campbell Law Review

The North Carolina Court of Appeals in Figure Eight Beach Homeowners' Association v. Parker, rejected the defendant property owner's interpretation of several earlier decisions. The property owner claimed the earlier decisions required affirmative covenants to contain some ascertainable standards by which the court could objectively determine the amount and purposes of the assessments. The Court of Appeals claimed, however, it was applying the same standards set forth in the earlier decisions regarding the enforceability of similar covenants. In essence, the court's adoption of a broader interpretation of the earlier case law validates stricter enforcement of assessment covenants by property …

A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman

Campbell Law Review

This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.

The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk

Washington and Lee Law Review

No abstract provided.

Contrasting Sources: Court Rolls And Settlements As Evidence Of Hereditary Transmission Of Land Amongst Small Landowners In Early Modern England, Lloyd Bonfield

Articles & Chapters

No abstract provided.

Privately Held Conservation Servitudes: A Policy Analysis In The Context Of In Gross Real Covenants And Easements, Gerald Korngold

Articles & Chapters

No abstract provided.