Law Commons^™

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro

Buffalo Law Review

No abstract provided.

Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett

Washington Law Review

No abstract provided.

The Residential Tenant's Security Deposit - A Protected Interest Worth Litigating., Claude M. Mcquarrie Iii

St. Mary's Law Journal

Abstract Forthcoming.

Affirmative Remedies For The Tenant., Robin Vaughn Dwyer

St. Mary's Law Journal

Abstract Forthcoming.

Running Covenants: An Analytical Primer, William B. Stoebuck

Washington Law Review

Save for the subject of perpetuities (and arguably even including it), there is no subject encountered by law students in their basic property courses that so baffles them as does running covenants. But there seems to be no concise writing that lays out the subject of running covenants in a nutshell. It is not that nothing has been written on the subject, for much has been published this century on it and continues to be. The problem is that the writings deal with smaller or greater portions of the overall field. There are articles on real covenants, on equitable restrictions, …

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

The Installment Land Contract-A National Viewpoint, Grant S. Nelson, Dale A. Whitrnan

BYU Law Review

No abstract provided.

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

Zoning And Population Control -- Courts Are Reacting To New Problems In Old Ways, Joe G. Dykes, Jr.

Florida State University Law Review

No abstract provided.

Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers

Indiana Law Journal

No abstract provided.

Reflections On Stare Decisis In Michigan: The Rise And Fall Of The "Rezoning As Administrative Act" Doctrine, Roger A. Cunningham

Michigan Law Review

In an earlier article in this law review, I discussed the new doctrine that in certain municipalities a decision by the local governing body to rezone or not to rezone land should be deemed an "administrative" or "quasi-judicial," rather than a "legislative," act. This doctrine was introduced into Michigan law several years ago in a series of opinions signed by only three justices of the Michigan Supreme Court. The earlier article dealt principally with the merits of the new "rezoning as administrative act" doctrine. The present article discusses troublesome aspects of the Michigan Supreme Court's attitude toward the principle of …

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.

Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick

St. Mary's Law Journal

Abstract Forthcoming.

Can Distraint Stand Up As A Landlord’S Remedy?, Gerald Korngold

Articles & Chapters

Though a landlord's right of seizure is well established in the common law and provided for by the laws of many states, some federal courts have found distraint procedures to be incompatible with Fourteenth Amendment due process requirements. This article examines the constitutionality and validity of the present Pennsylvania distraint statute, surveys the cases dealing with the issue, and reviews some recent decisions concerning due process which are relevant to the determination of the statute's constitutionality. The Pennsylvania experience can serve as an example for practitioners in other jurisdictions since, most of them have had few, if any, cases concerning …

Property, E. F. Roberts

Cornell Law Faculty Publications

A survey can either restate the obvious or attempt to add a critical dimension to the law’s uncertain progress. The obvious can be gleaned merely by scanning the orange-covered paperback indices which go with the official advance sheets and in which cases are condensed in the best headnote hunter’s style. This exercise presupposes a reader possessed of an interest in something more than the obvious, and one who enjoys a critique of a few key cases, precisely for the challenge of making an independent judgment of whether New York property law has progressed during the past Survey year.

Financing Condominiums And Cooperatives, Dale A. Whitman

Faculty Publications

This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Vanderbilt Journal of Transnational Law

Legal regimes regulating the exploitation of atomic energy follow three patterns. The pattern adopted in a particular country depends upon its social and governmental structure. In socialist states, like the Soviet Union, the state owns and uses nuclear materials and installations and is a monopolistic insurer against atomic hazards. In such states nuclear energy law is simplicity itself. It consists of instructions and regulations on the handling, transport and storage of nuclear materials, and the management of nuclear installations by administrative agencies. An important part of the regulations deals with the safety and health of the workers.

Countries in which …

Respa Revised And Revisited, Edward S. Hirschler

University of Richmond Law Review

It is hard to believe that the Real Estate Settlement Procedures Act of 1974, which was signed by President Ford on December 22, 1974, and the revision that became effective on January 2, 1976,2 could have the same name-RESPA. It is even more remarkable that it took less than a year for the monstrosity which became effective on June 20, 1975, to evolve into what is now a reasonably workable statute with regulations which clarify rather than confuse. It is beyond the scope of this article to trace the history of RESPA in detail. Suffice it to say that in …

A Larson-Zuckman Checklist For Partnership Tax Classification Of Ulpa Real Estate Shelters, J. Durwood Felton Iii

University of Richmond Law Review

Real estate developments necessarily require large amounts of capital, and are usually dependent on financing from sources other than the venture group assembled to construct and operate a proposed project. Theoretically, such ventures may be undertaken in many forms, corporate and otherwise, and the available financing vehicles may include debt instruments, equity shares and innumerable combinations thereof. In reality, however, business and legal considerations often dictate organization and operation of such ventures within more narrowly defined limits.

Property Taxation In Virginia, Gordon M. Cooley, Burton F. Dodd, Norman T. Fowlkes, Julia Krebs-Markrich, Ronald E. Kuykendall

University of Richmond Law Review

The Virginia Constitution mandates that all property within the state, except exempt property, must be taxed. In light of the constitution's directive, this note examines the present Virginia property taxation structure in order to provide the practitioner with a guide to its application and operation.

Review Of Real Estate Assessments - Cook County (Chicago) Vs. Remainder Of Illinois, 11 J. Marshall J. Prac. & Proc. 17 (1977), Alan S. Gantz, Dixie L. Laswell

UIC Law Review

No abstract provided.

Landlord-Tenant: The Medieval Concepts Of Feudal Property Law Are Alive And Well In Leases Of Commercial Property In Illinois, 10 J. Marshall J. Of Prac. & Proc. 338 (1977), Kenneth J. Sophie Jr.

UIC Law Review

No abstract provided.

May The Beneficiary Of An Illinois Land Trust Proceed Under Chapter Xii Of The Bankruptcy Act, 10 J. Marshall J. Prac. & Proc. 567 (1977), Roman R. Okrei

UIC Law Review

No abstract provided.

Of "Liberty" And "Property", Henry Paul Monaghan

Faculty Scholarship

After a century of experience, we are now thoroughly accustomed to viewing the fourteenth amendment as imposing upon the experimentation otherwise permitted in our fifty separate "laboratories" limitations that do not materially differ from those fastened upon the national government by the bill of rights. The history of this evolution is far too well known to justify rehearsing here even in the barest outline. But it bears noting that few, if any, observers believe that the language of the amendment has played a significant role in this historical evolution. Here, as elsewhere, "[b]ehind the words ... are postulates which limit …

Two Perspectives On The Real Estate Title System: How To Examine A Title In Virginia, William Mazel

University of Richmond Law Review

This article seeks to explain the mechanics of an examination of title to real property in Virginia. It addresses the procedural aspects of this process, and does not attempt to examine the substantive body of law which underlies the title examination procedure. Other published works are available for that purpose.

Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel

University of Richmond Law Review

As the ancient legal apparatus providing for the transfer of land creaks into the final quarter of the twentieth century, the need for a massive overhaul becomes increasingly clear. Designed and introduced at a time when it could work reasonably well, the land recordation system has now reached senility, its irrationality becoming more and more apparent with each passing year.

Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright

Faculty Scholarship

No abstract provided.

The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson

Faculty Publications

The installment land contract is rarely used in some states, but in many it is the predominant means of vendor financing of land sales. Much has been written about it, but nearly all of the literature focuses on the law of one particular state or another. Our purpose here is to provide a nationwide perspective, with particular attention to the states in which the contract has been widely used and extensively litigated. We propose to examine the reasons for the installment contract's popularity, its advantages and disadvantages, and the risks it presents to both vendor and purchaser.