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Articles 1 - 30 of 183
Full-Text Articles in Law
Apartheid-Era Chicago, 55 Uic L. Rev. 219 (2022), Karl Muth
Apartheid-Era Chicago, 55 Uic L. Rev. 219 (2022), Karl Muth
UIC Law Review
No abstract provided.
Breaches Of Fiduciary Duty And Exculpatory Clauses In Illinois Condominium Declarations, 55 Uic L. Rev. 289 (2022), Kenneth Michaels
Breaches Of Fiduciary Duty And Exculpatory Clauses In Illinois Condominium Declarations, 55 Uic L. Rev. 289 (2022), Kenneth Michaels
UIC Law Review
No abstract provided.
Private Covenants, Public Laws, And The Financial Future Of Condominiums, 52 Uic J. Marshall L. Rev 715 (2019), Evan Mckenzie
Private Covenants, Public Laws, And The Financial Future Of Condominiums, 52 Uic J. Marshall L. Rev 715 (2019), Evan Mckenzie
UIC Law Review
No abstract provided.
The Use Of Automatic Collateral Evaluation Products In Residential Mortgage Transactions: Big Banks Use Them As Bait To Trap Consumers Into Risky Mortgages, 52 Uic J. Marshall L. Rev. 395 (2019), Roksana Gallus
UIC Law Review
No abstract provided.
An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese
An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese
UIC Law Review
No abstract provided.
Repurposing Golf Courses And Other Amenities That Burden The Land: Covenants Running Forever – A Transactional Perspective, 52 Uic J. Marshall L. Rev. 603 (2019), Celeste Hammond
UIC Law Review
No abstract provided.
A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer
A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer
UIC Law Review
No abstract provided.
Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig
Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig
UIC Law Review
No abstract provided.
Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French
Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French
UIC Law Review
No abstract provided.
Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies
Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies
UIC Law Review
No abstract provided.
Integrating Adjunct Faculty Into Teaching Real Estate Transactions Law & Practice--Both In The Classroom And Online, 53 Wake Forest L. Rev. 947 (2018), Celeste M. Hammond
Integrating Adjunct Faculty Into Teaching Real Estate Transactions Law & Practice--Both In The Classroom And Online, 53 Wake Forest L. Rev. 947 (2018), Celeste M. Hammond
UIC Law Open Access Faculty Scholarship
I welcome the invitation to share my experience and ideas on teaching law students about the real world of real estate from a transactional perspective, beyond the appellate cases that are the basis of so much traditional legal education.
Fifty Years Since Passage Of The Fair Housing Act: Rent-To-Income Ratios In The Persistence Of Residential Racial Segregation In Chicago, 51 J. Marshall L. Rev. 551 (2018), Amanda Insalaco
UIC Law Review
No abstract provided.
How A Zombie Condo Board Can Ruin Your Day: The Case For Rewriting Section 15 Of The Illinois Condominium Property Act, 52 Uic J. Marshall L. Rev. 1 (2018), Joseph Alfe
UIC Law Review
By exploiting the highly ambiguous Section 15 of the Illinois Condominium Property Act, developers and their zombie Homeowner Association boards of directors can easily oust unwitting unit owners–and it’s all legal. In analyzing just such a case that was before the DuPage County Circuit Court, Huntington Condo. Ass’n v. Grimm, and viewed through the clarifying twin lenses of Eminent Domain and notions of fair play and justice, one cannot help but conclude that Section 15 of the Act is desperately in need of a dramatic rewrite. I propose one here. But more so, in the quest for clarity of the …
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
Providing Copyright Protection To Real Estate Listings: Protecting Brokers, Sellers, And Consumers, 15 J. Marshall Rev. Intell. Prop. L. 318 (2016), Kathryn Robinson
UIC Review of Intellectual Property Law
In a technology-driven age, the Internet has changed how prospective homebuyers search for their new home. For many, a search on Google is the first step before hiring a broker or getting prequalified for a mortgage. Although the Internet is a powerful tool widely utilized by many, there has been a growing concern for managing and protecting the integrity of real estate listings. Data scraping of listing data has become problematic for the real estate industry; as a result, this has caused irreparable harm to everyone. This comment highlights the benefits of awarding copyright protection to all contents of the …
From Tragedy To Triumph In The Pursuit Of Looted Art: Altmann, Benningson, Portrait Of Wally, Von Saher And Their Progeny, 15 J. Marshall Rev. Intell. Prop. L. 394 (2016), Donald Burris
UIC Review of Intellectual Property Law
This article is a broad and approachable overview of American law regarding the potential repatriation of Nazi-looted art—an area which the author and his now-retired partner, Randy Schoenberg, helped develop from the ground up starting with the development of the Altmann case, decided by the U.S. Supreme Court in 2004, and continuing on through a number of fascinating looted-art cases of a more recent vintage. Parts of the article read as much like a detective story as a summary of cases and Mr. Burris has been kind enough to share both his approach to these cases and his prognosis for …
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
The Destruction Of Cultural Heritage: A Crime Against Property Or A Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016), Patty Gerstenblith
UIC Review of Intellectual Property Law
The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles …
Where Are We And Where Are We Going: Legal Developments In Cultural Property And Nazi Art Looting, 15 J. Marshall Rev. Intell. Prop. L. 435 (2016), Thomas Kline
UIC Review of Intellectual Property Law
No abstract provided.
Amber Tears And Copyright Fears: The Inadequate Protection Of Cultural Heritage In The United States, 15 J. Marshall Rev. Intell. Prop. L. 543 (2016), Ingrida Latoza
UIC Review of Intellectual Property Law
The United States is comprised of many different cultural communities, each rich with expressions of language and custom. Cultural diversity promotes respect among individuals and harmonizes differences between communities—nationally and globally. Through the preservation of cultural heritage, diversity is maintained. Since World War II, with the exile of many from Lithuania, members of the Lithuanian-American community have strived to maintain the cultural heritage of their beloved homeland. After several decades, a Lithuanian-American cultural identity has developed, creating unique and individual traditions, adding to the cultural heritage of the United States as a whole. Most of the international community has adopted …
How Can The Government Sustain People's Privacy Interests As The Real Estate Industry Adopts And Applies A Fully Electronic System? 32 J. Marshall J. Info. Tech. & Privacy L. 321 (2016), Drago Putica
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Sos: Saving The Secondary Mortgage Market From The Consumer Financial Protection Bureau’S Ability-To-Repay Rule, 49 J. Marshall L. Rev. 857 (2016), Laquenta Rudison
Sos: Saving The Secondary Mortgage Market From The Consumer Financial Protection Bureau’S Ability-To-Repay Rule, 49 J. Marshall L. Rev. 857 (2016), Laquenta Rudison
UIC Law Review
No abstract provided.
Chicago’S Last Unclaimed Indian Territory: A Possible Native American Claim Upon Billy Caldwell’S Land, 50 J. Marshall L. Rev. 91 (2016), Scott Priz
UIC Law Review
No abstract provided.
Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015), Joshua Fershee, S. Alex Shay
Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015), Joshua Fershee, S. Alex Shay
UIC Law Review
No abstract provided.
Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond
Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond
UIC Law Review
No abstract provided.
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
A Layperson's Guide To Fair Housing Law (2014), F. Willis Caruso, Michael P. Seng, Allison Bethel, John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
Housing discrimination can take many forms. Laws have been passed at the federal, state, and local levels to prohibit housing discrimination, and attorneys and many fair housing groups are working to eradicate the problem. But the solution to the fair housing problem will not come solely through the work of attorneys and fair housing agencies and organizations; it will also have to come from an educated public that is unwilling to tolerate the cost of housing discrimination. Housing discrimination affects every individual in the United States. Realtors and brokers, bankers and mortgage lenders, insurance companies and developers, real estate buyers …
Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell
Complex Decision-Making And Cognitive Aging Call For Enhanced Protection Of Seniors Contemplating Reverse Mortgages, 46 Ariz. St. L.J. 299 (2014), Debra Pogrund Stark, Jessica M. Choplin, Joseph Mikels, Amber Schonbrun Mcdonnell
UIC Law Open Access Faculty Scholarship
This article analyzes the factors that affect the effectiveness of the current rules and counseling protocol in enabling seniors to make well-informed decisions on whether to enter into a proposed reverse mortgage in light of the cognitive barriers that consumers in general, and seniors in particular, face. The article then proposes further changes to these rules and the counseling protocol to better enable seniors to determine whether entering into reverse mortgages is in their best interest in light of their specific financial situations and goals. Section I provides an overview of the current status of the law relating to reverse …
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
Dodd-Frank 2.0: Creating Interactive Home-Loan Disclosures To Enable Shrewd Consumer Decision-Making, 27 Loy. Consumer L. Rev. 95 (2014), Debra Pogrund Stark, Jessica M. Choplin, Mark A. Leboeuf, Andrew Pizor
UIC Law Open Access Faculty Scholarship
In Section I, we summarize and analyze the Dodd-Frank laws that were enacted to regulate home loan terms and the key changes made to the home loan disclosure rules and forms, critiquing in particular the changes made to the APR component of the new CFPB disclosure form. In Section II, we detail and report on the methods and results from two APR Experiments we conducted (one using eyetracking technology to see which areas of the disclosure form participants were looking at and for how long); we also report on the low level of financial literacy of the participants reflected in …
A New Devil In The White City: The Demolition Of Prentice Women's Hospital And The Failures Of Chicago's Landmarks Ordinance, 48 J. Marshall L. Rev. 391 (2014), Laura Luisi
UIC Law Review
Chicago’s culture is, in large part, defined by its courageous, innovative, and rich architectural history. With such a strong cultural identity comes the responsibility to preserve the City’s character for generations to come. Throughout its history, the City of Chicago allowed architectural masterpieces to succumb to economic and political pressures. The recent decision in Hanna v. City of Chicago left Chicago’s Landmarks Ordinance unscathed, but nevertheless, its inadequacies are showcased by the demolition of the Prentice Women’s Hospital. An examination of the landmark ordinances of other large American cities further demonstrates the shortcomings of Chicago’s own ordinance. Chicago’s Landmarks Ordinance, …
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso
UIC Law White Papers
No abstract provided.
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery
UIC Law Open Access Faculty Scholarship
While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …
A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard
A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard
UIC Law Open Access Faculty Scholarship
For centuries the Rule Against Perpetuities provided protection against a pair of dangers: that important stocks of property would become, effectively, permanently inalienable as a result of perpetual conditional gifts; and that the dead would be permitted to control the destinies of the living by placing permanent conditions on the fixed stock of available wealth (i.e., land wealth). In recent decades, though, the states have increasingly abandoned the Rule and its protections. As of 2011 all states have migrated, at least in part, beyond the traditional "twenty-one-years- plus-life-in-being" rule, and more than half have actually or effectively abolished their rules, …