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Articles 1 - 30 of 44
Full-Text Articles in Law
Home Team Advantage?: The Taking Of Private Property For Sports Stadiums, Erin A. Stanton
Home Team Advantage?: The Taking Of Private Property For Sports Stadiums, Erin A. Stanton
City University of New York Law Review
No abstract provided.
Real Property, Linda S. Finley
Real Property, Linda S. Finley
Mercer Law Review
This Article surveys case decisions and other developments in Georgia real property law during the current survey period (June 1, 2004 through May 31, 2005). The court decisions, legislation, and other information discussed below were chosen for their significance to real property law and, perhaps, their relevance to the day-to-day law practice. Unfortunately, it is not possible to review each important decision due to space limitations. Instead, the author seeks to identify new trends as well as changing law. Perhaps the most important trend in real property law is the criminalization of mortgage fraud relating to residential home loans. The …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan
Appraising A Presumption: A Modern Look At The Doctrine Of Specific Performance In Real Estate Contracts, Jason S. Kirwan
William & Mary Law Review
No abstract provided.
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant developments in the law affecting Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Virginia Attorney General over the past year. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.
Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell
Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell
Buffalo Environmental Law Journal
No abstract provided.
Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker
Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker
William & Mary Bill of Rights Journal
No abstract provided.
"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler
"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler
William & Mary Bill of Rights Journal
No abstract provided.
Kelo V. New London: An Opportunity Lost To Rehabilitate The Takings Clause, Christian M. Orme
Kelo V. New London: An Opportunity Lost To Rehabilitate The Takings Clause, Christian M. Orme
Nevada Law Journal
No abstract provided.
Wills—Holographic Wills And Testamentary Intent—Extrinsic Evidence Is Inadmissible To Prove Testimentary Intent For Holographic Wills Lacking Words Of Disposition. Edmundson V. Estate Of Fountain, No. 03-1459, 2004 Wl 1475423 (Ark. July 1, 2004), J. M. Robinette
University of Arkansas at Little Rock Law Review
No abstract provided.
Enriching The Land Or The Political Elite? Lessons From China On Democratization Of The Urban Renewal Process, Pamela N. Phan
Enriching The Land Or The Political Elite? Lessons From China On Democratization Of The Urban Renewal Process, Pamela N. Phan
Washington International Law Journal
As China in the twenty-first century rushes ahead in its quest to become more developed and cosmopolitan, the poor are increasingly cast as outsiders to the nation's new social contract and urban development politics. Nowhere is the contrast between China's urban rich and rural poor as stark as on the land itself. In cities throughout China, land continues to be taken away from the collective and placed into the hands of an increasingly rich and powerful elite. As a new society built upon urban poverty, exclusion, and inequality emerges, and the gap between rich and poor widens, the new political …
No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller
No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller
Michigan Law Review
This Note argues that CERCLA, as it is currently written, requires courts to hold parties liable for pre-purchase soil investigations that spread or mix contamination because to conclude otherwise would stretch CERCLA beyond its breaking point. Part I argues that both those who order pre-acquisition soil testing and those who conduct the tests are PRPs if the testing spreads existing contamination. Part II argues that the statute does not allow for the judicial creation of a soil testing liability exception. Part III acknowledges the policy problems created by testing liability and advocates a legislative solution to exempt pre-purchase soil testing …
"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan
San Diego International Law Journal
With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …
Just Compensation And The Seller's Paradox, Nathan Burdsal
Just Compensation And The Seller's Paradox, Nathan Burdsal
Brigham Young University Journal of Public Law
No abstract provided.
That Land Is Your Land, This Land Is My Land … Until The Local Government Can Turn It For A Profit: A Critical Analysis Of Kelo V. City Of New London, Sonya D. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson
Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson
Michigan Law Review
In The Two-Income Trap, Harvard Law School Professor Elizabeth Warren and business consultant Amelia Warren Tyagi reach a startling conclusion: a two-income middle-class family faces greater financial risks today than a one-income family faced three decades ago. Middle-class families are caught in an "income trap" because they budget based on two incomes and face financial ruin if they lose an income or incur unexpected expenses. The authors suggest that most middle-class families cannot quickly adjust their budgets because their largest monthly expense is the fixed mortgage payment. The parents maintained that they had to allocate a significant portion of …
The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham
The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham
University of Richmond Law Review
No abstract provided.
Wise V. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
Wise V. Harrington Grove Community Association, Inc.: A Pickwickian Critique, Patrick K. Hetrick
Campbell Law Review
In this article, I will examine various aspects of the Wise decision, including the approach of the North Carolina Supreme Court to both the common law of covenants and the PCA itself. I will also evaluate the impact of a recent amendment to the PCA, and revisit and reflect on selected legal issues raised by the passage of the PCA now that five years have elapsed since its effective date. While the article focuses specifically on the North Carolina PCA, it is important to keep in mind that a "planned community" is but one form of real estate development and …
The Rhetorics Of Takings Cases: It's Mine V. Let's Share, Susan Ayres
The Rhetorics Of Takings Cases: It's Mine V. Let's Share, Susan Ayres
Nevada Law Journal
No abstract provided.
Making Laws And Sausages: A Quarter-Century Retrospective Of Penn Central Transportation Co. V. City Of New York, Gideon Kanner
Making Laws And Sausages: A Quarter-Century Retrospective Of Penn Central Transportation Co. V. City Of New York, Gideon Kanner
William & Mary Bill of Rights Journal
No abstract provided.
Accumulation, Anthony Paul Farley
Accumulation, Anthony Paul Farley
Michigan Journal of Race and Law
Anthony Farley brings a focus on class back to Critical Race Theory by exploring the intersection of race and class as a singular concept that finds its creation in the marking of difference through the primal scene of accumulation. Professor Farley's Essay contends that the rule of law is the endless unfolding of that primal scene of accumulation. By choosing to pray for legal relief rather than dismantling the system, the slave chooses enslavement over freedom. Professor Farley discusses the concept of ownership as violence and explains that property rights are the means of protecting the master class until everything …
The Passage Of Community Property Laws, 1939-1947: Was "More Than Money" Involved?, Jennifer E. Sturiale
The Passage Of Community Property Laws, 1939-1947: Was "More Than Money" Involved?, Jennifer E. Sturiale
Michigan Journal of Gender & Law
Part I of this article reviews the legal landscape that provided the backdrop against which Michigan, Nebraska, Oklahoma, Oregon, and Pennsylvania later adopted community property laws. It also examines the tax consequences of the two Supreme Court cases, Lucas v. Earl and Poe v. Seaborn, that resulted in the disparate tax treatment of married couples in common law and community property law states. Part II briefly reviews the subsequent passage of community property laws by Michigan, Nebraska, Oklahoma, Oregon, and Pennsylvania; the passage of a federal tax reduction bill that provided for equal treatment of community property law and …
Globalization In Art Law: Clash Of Interests And International Tendencies, Erik Jayme
Globalization In Art Law: Clash Of Interests And International Tendencies, Erik Jayme
Vanderbilt Journal of Transnational Law
In my view, it is important to articulate the different interests involved in international art cases. Globalization has added the interests of the global civil society to the traditional claims and counter claims of private parties and of states or nations. Thus, public access to art works has been fostered by anti-seizure statutes protecting international exhibitions. And, it is this line of tendencies and arguments which conceives of famous art works as treasures of mankind and which should prevail in the future.
Cultural Displacement: Is The Glbt Community Gentrifying African American Neighborhoods In Washington, D.C.?, Chris Mcchesney
Cultural Displacement: Is The Glbt Community Gentrifying African American Neighborhoods In Washington, D.C.?, Chris Mcchesney
The Modern American
No abstract provided.
Case Note: Procuring A Different Cause: The Return Of The Procuring Cause Doctrine As Applied To Minnesota Real Estate Commission Disputes In Rosenberg V. Heritage Renovations, Llc, Robert Schug
William Mitchell Law Review
This note first examines some useful history and terminology regarding real estate commission disputes, the procuring cause doctrine, and Minnesota Statutes section 82.21.4 It follows with a summary of the facts of the Rosenberg decision and the Minnesota Court of Appeals’ and Minnesota Supreme Court’s analysis of the case. This note then analyzes the supreme court’s decision to apply the procuring cause doctrine in Rosenberg, and concludes with a plea to the Minnesota legislature to clarify that the effect of the statute is to abrogate that doctrine.
Preserving And Promoting Minnesota’S Recreational Trails: State V. Hess, Robin M. Wolpert
Preserving And Promoting Minnesota’S Recreational Trails: State V. Hess, Robin M. Wolpert
William Mitchell Law Review
This article assesses the significance of Hess for Minnesota’s recreational trail system and the conversion of rails to trails. Part II describes the legal context within which Hess was decided, with particular emphasis on the methodology of constructing ancient deeds to railroads and the public policy underlying the MTA. Part III sets forth the facts giving rise to the Hess decision and details the approach adopted by the court of appeals—an approach which, if affirmed by the supreme court, would have facilitated a parcel by parcel attack on the state’s ownership of its recreational trails and potentially limited the application …
Reflections On Litigating Holocaust Stolen Art Cases, Donald S. Burris, E. R. Schoenberg
Reflections On Litigating Holocaust Stolen Art Cases, Donald S. Burris, E. R. Schoenberg
Vanderbilt Journal of Transnational Law
In this Article we have attempted to provide an overview of the Nazi-looted art cases in their historical context. We have based the discussion on our knowledge and experience in litigating art law cases, particularly cases involving Nazi art looting, post-war restitution, and recent developments in art law.
Any discussion of the legal implications of crimes committed by Nazi authorities during the Holocaust must begin with an obvious disclaimer. While bringing cases to recover artwork stolen by Nazi authorities is self-evidently a worthy pursuit, and while our firm is very proud to be intensively involved in this effort, we cannot …
Imaginatively Public: The English Experience Of Art As Heritage Property, Joseph L. Sax
Imaginatively Public: The English Experience Of Art As Heritage Property, Joseph L. Sax
Vanderbilt Journal of Transnational Law
England was once hugely prosperous and possessed an extraordinary share of the world's great art. In the years following the French Revolution, political turmoil in Europe brought a number of superb works of art on the market, and English collectors avidly bought them. Even earlier, young aristocrats returned to England from their grand tours with a keen appreciation of the aesthetic achievements of the continent and the means to acquire any works that pleased them.
With few exceptions, these treasures entered the collections of individuals as their private property. In its scope, this was a unique experience in privatization, unlike …
International Legal Dimensions Of Art And Cultural Property, Jeffrey A. Schoenblum
International Legal Dimensions Of Art And Cultural Property, Jeffrey A. Schoenblum
Vanderbilt Journal of Transnational Law
The market for art and cultural property is international.' Demand is intense and not particularly local in terms of consumer preference. Supply responds to this intense international demand. Like most anything else, art finds its way to whomever is prepared to pay for it. Regulation affects how it arrives at its ultimate destination, but generally does not prevent it from getting there...
The symposium's contributors have sought to address the complex legal and policy issues raised by an explosive global market in art and cultural property. These articles will prove invaluable in the shaping of the international legal response to …
Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown
Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown
Buffalo Law Review
No abstract provided.