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Full-Text Articles in Law

Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey Jan 1970

Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey

Law Faculty Research Publications

Over 65 cases were decided by Michigan courts during the Survey period dealing with some aspect of property law. Most of these cases raise property questions which are only incidental to nonproperty issues and, as a result, will not be discussed in this article. Similarly, those cases which have no precedential value, restate old law, or confirm an established trend are not considered worthy of discussion. Accordingly, in our judgment, only 16 property cases decided during the Survey period merit protracted attention.


The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts Jan 1970

The Right To A Decent Environment; E =Mc²: Environment Equals Man Times Courts Redoubling Their Efforts, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.


Real Property, Roger Bernhardt Jan 1970

Real Property, Roger Bernhardt

Publications

"Real property" as a topic exists only in a law professor's mind. Practicing attorneys may specialize in representing title companies or developers or brokers or any of the other entrepreneurs who make their living in one way or another from real estate, but none of these lawyers would claim that his proper field of expertise is real estate per se. Consequently, any article on developments in the field of real property law really becomes a series of separate articles on developments in some real estate specialties, rather than a cohesive whole. I have tried, here, to cover the three specialties …


Zoning-Non-Conforming Use, 22 S.C. L. Rev. 844 (1970), Gerald E. Berendt Jan 1970

Zoning-Non-Conforming Use, 22 S.C. L. Rev. 844 (1970), Gerald E. Berendt

UIC Law Open Access Faculty Scholarship

No abstract provided.


Not In Accordance With A Comprehensive Plan: A Case Study Of Regional Shopping Center Location Conflicts In Lexington, Kentucky, A. Dan Tarlock Jan 1970

Not In Accordance With A Comprehensive Plan: A Case Study Of Regional Shopping Center Location Conflicts In Lexington, Kentucky, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Book Review. Land Finance Law By G. Lefcoe, A. Dan Tarlock Jan 1970

Book Review. Land Finance Law By G. Lefcoe, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.


Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …


Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.