Law Commons^™

Property Law, W. Wade Berryhill

Law Faculty Publications

As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session. Several judicial decisions, although none could be described as landmark determinations, are of interest and clarify points of law. These cases, as well as selected items of legislation which are believed to be of the most practical interest to …

Ten Years Of Takings, Gregory S. Alexander

Cornell Law Faculty Publications

No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property.

Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …

Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard

Mercer Law Review

This article surveys case law and legislative developments in the Georgia law of real property from June 1, 1995 to May 31, 1996. The authors do not endeavor to chronicle every case decided in the survey period but, instead, focus on cases and other developments of general significance. This article discusses several significant cases decided during the survey period and the single meaningful alteration in Georgia statutes relating to real property.

Real Estate Transactions Issues Involving Entities As Grantor Or Grantee, Joyce Palomar

Joyce Palomar

No abstract provided.

Curtailing The Economic Distortions Of The Mortgage Interest Deduction, William T. Mathias

University of Michigan Journal of Law Reform

Many Americans consider the mortgage interest deduction a necessary fixture of the American tax system. In this Article, Mathias examines the economic underpinnings of the deduction and finds that it cannot be justified on purely economic grounds. He then evaluates the major policy arguments for the mortgage interest deduction and concludes that it is inefficient, inequitable, and too costly in its present form to be justified on policy grounds. Finally, the author advocates for the elimination or substantial reduction in the size and scope of the mortgage interest deduction.

Paying The Wrong Debt, Roger Bernhardt

Publications

This article discusses a California case where a lender’s failure to obtain a proper subordination agreement constituted culpable negligence and led to the denial of equitable subrogation for the amounts advanced.

Property Law: 1996 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohma

Faculty Scholarship

No abstract provided.

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Faculty Scholarship

No abstract provided.

Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin

Washington and Lee Law Review

No abstract provided.

Prepayment Pitfalls, Roger Bernhardt

Publications

This article discusses prepayment dangers in California.

Don’T Take Listings Too Lightly, Roger Bernhardt

Publications

This article discusses exclusive listings in California, and the effect of safety, and withdrawal clauses in them for sellers who wish to discharge their brokers.

Essential Elements Of Amendments To The Endangered Species Act, John Harja

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

14 pages.

How The Regulated Community Views Regulation To Protect Living Resources: The Endangered Species Act, Biological Diversity, And Ecosystem Management, Steven P. Quarles

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

21 pages.

Contains footnotes.

Endangered Species Act Reform Proposals: An Environmentalist’S Perspective, Wm. Robert Irvin

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

11 pages.

The Endangered Species: The Urban Water Utility Perspective, Chips Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Habitat Based, Multi-Species Hcps: Lessons From The Northwest, James A. Kraft

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

9 pages.

The Esa, Water Rights, And Regulatory Takings, Barton H. Thompson, Jr.

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

28 pages.

Contains 2 pages of references.

Waiting To Exhale Under The Esa: The Evolution Of Hcps And Section 4(D) Rules, Donald J. Barry

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

16 pages.

Landscape Scale Habitat Conservation Plans: The California Experience, Lindell L. Marsh

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

24 pages.

Contains 3 pages of references.

The Sonoran Desert Tortoise And The Mexican Spotted Owl: The High Road And The Slow Road To Conservation, Duane L. Shroufe

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

13 pages.

Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center

Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)

Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.

All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …

Adverse Possession Against The States: The Hornbooks Have It Wrong, Paula R. Latovick

University of Michigan Journal of Law Reform

The hornbook rule is that adverse possession statutes do not run against land owned by state governments. Yet, in practice, the land of many states is subject to loss by adverse possession. Few states have statutes that simply and explicitly protect all state land from adverse possession. This Article describes the variety of ways in which states protect or fail to protect their land from adverse possession. It concludes with the recommendation that, given increasing development pressures and limited state enforcement budgets, state legislatures should protect completely all state land from adverse possession.

A Royalty Pain In The Gas: What Costs May Be Properly Deducted From A Gas Royalty Interest, Robert S. Raynes Jr.

West Virginia Law Review

No abstract provided.

Where Do We Go From Here: The Federal Coal Leasing Amendments Act--Past, Present, And Future, Sam Kalen

West Virginia Law Review

No abstract provided.

Secretly Severing Joint Tenancies, Roger Bernhardt

Publications

This article discusses California cases involving severing joint tenancies and the differences between joint tenancy or community property.

Why Is This Man A Moderate?, Richard A. Epstein

Michigan Law Review

A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics

Stories About Property, William W. Fisher Iii

Michigan Law Review

A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership

Access Agreements For Purposes Of Environmental Remediation (Chair Of Panel), Joyce Palomar

Joyce Palomar

No abstract provided.

The Problem Of Federal-Private Split Mineral Estates: Who Has Control?, David B. Shaver, Andrew C. Mergen, Scott W. Hardt, University Of Colorado Boulder. Natural Resources Law Center

The Problem of Federal-Private Split Mineral Estates: Who Has Control? (April 23)

19 pages.

Includes footnotes.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on April 23, 1996.

Contents: National Park Service regulation of private mineral estates / David B. Shaver -- Recent litigation regarding federal split estates : who has control? what are the limits? / Andrew C. Mergen -- The problem of federal-private split mineral estates / Scott W. Hardt

Many federally owned lands overlie privately owned oil and gas and mineral rights. Increasingly, the competition between agency multiple use directives and private interests in resource development has resulted in legal battles between …

Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres

Cornell Law Faculty Publications

This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …