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Articles 1 - 30 of 81
Full-Text Articles in Law
The Integration Game, Abraham Bell, Gideon Parchomovsky
The Integration Game, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
No abstract provided.
Real Property, T. Daniel Brannan, William J. Sheppard
Real Property, T. Daniel Brannan, William J. Sheppard
Mercer Law Review
This Article surveys case law and legislative developments in the area of real property law in Georgia during the period from June 1, 1999, to May 31, 2000. As in past surveys, the authors do not attempt to chronicle each case and statute that affects real property law. Rather, the authors selected the decisions and statutes discussed in this Article for their significance and interest to participants in the everyday practice of real estate law in this state. Several cases discussed below revisited issues from recent surveys and enlarged upon or clarified the holdings from those prior cases.
- Title to …
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
2000 Survey Of Florida Law: Real Property, Ronald B. Brown, Joseph M. Grohman
Faculty Scholarship
No abstract provided.
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz
How Changes In Property Regimes Influence Social Norms: Commodifying California's Carpool Lanes, Lior Jacob Strahilevitz
Indiana Law Journal
No abstract provided.
Excess Condemnation - Must The Interest Condemned In Private Property Be Proportional To The Public Use? - The Effect Of City Of Charlotte V. Cook, Kimberly A. Baxley
Excess Condemnation - Must The Interest Condemned In Private Property Be Proportional To The Public Use? - The Effect Of City Of Charlotte V. Cook, Kimberly A. Baxley
Campbell Law Review
This note will examine the North Carolina Supreme Court's decision in City of Charlotte v. Cook. Part II of the note sets out the factual background and issues raised by the Cook decision and details the reasoning of both the North Carolina Court of Appeals and the North Carolina Supreme Court in ruling on the issues. Part III analyzes the Supreme Court's holding and concludes that greater judicial scrutiny of eminent domain practices is essential to protect the private property owner from abusive takings.
Just Compensation, Incentives, And Social Meanings, Hanoch Dagan
Just Compensation, Incentives, And Social Meanings, Hanoch Dagan
Michigan Law Review
In Takings and Distributive Justice, I proposed a progressive interpretation of the Compensation Clause. In his response, published in this issue, Professor Lunney challenges the plausibility and the desirability of my interpretation and proposes an alternative. This Essay compares our approaches. It concludes that Professor Lunney's careful examination of the public choice analysis of takings does refine my theory. Contrary to Professor Lunney's claims, however, these refinements reinforce - rather than undermine - the viability of a progressive takings doctrine. Parts I and II set the stage by summarizing the principal claims made, respectively, in my original Article and in …
Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.
Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.
Michigan Law Review
In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …
Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright
Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright
UF Law Faculty Publications
This panel, sponsored by the Minority group and Property Sections of the AALS for the January, 2000 annual meeting, was composed of an exciting group of scholars critically analyzing traditional theories of property and current distribution of resources. The panel, entitled "Reviewing the Legacy of Liberalism: Life, Liberty, and the Pursuit of Happiness -- Linking Property to Rights," challenged traditional notions of property rights, from a discussion of the gender implications of African property law, to a critique of traditional analyses of Johnson v. M'Intosh, to property as heteronormative. Because the articles provide so much rich and thought-provoking material, …
Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin
Georgia's Proposed Dynasty Trust: Giving The Dead Too Much Control?, Verner F. Chaffin
Scholarly Works
Georgia should resist the urge to join the parade of states that have overturned the Rule Against Perpetuities. We do not neet the dynasty trust in Georgia. The repeal of perpetuities laws ignores the reasons for the Rule Against Perpetuities and uncritically assumes that preserving family wealth in perpetuity is a desirable social goal. The Rule is still needed to prevent persons long removed from the current scene from tying up wealth without restriction and from unduly influencing the behavior of those living in the present. For background purposes, this Article reviews the legislative history of Georgia's Rule Against Perpetuities …
The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge
The Myth Of Property Absolutism And Modern Government: The Interacation Of Police Power And Property Rights, Philip A. Talmadge
Washington Law Review
A new movement in America espousing a novel doctrine, property-rights absolutism, has gained some popular and political appeal. But the property rights absolutists tend to ignore the societal foundations of property, and especially de-emphasize the responsibilities property owners have to the community in which they live. They fail to consider properly the significance of the police power and its vital role in the American and Washington State constitutional systems. This Article debunks the newly minted mythology of the property-rights absolutists and places the police power and property rights in their proper historical perspective.
Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock
Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock
Water and Growth in the West (Summer Conference, June 7-9)
13 pages.
The Water Development-Growth Relationship: Case Studies, Edward F. Harvey
The Water Development-Growth Relationship: Case Studies, Edward F. Harvey
Water and Growth in the West (Summer Conference, June 7-9)
7 pages.
Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation
Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation
Water and Growth in the West (Summer Conference, June 7-9)
1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)
"Conference co-sponsor The William and Flora Hewlett Foundation."
Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.
Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)
Includes bibliographical references
The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet
Water and Growth in the West (Summer Conference, June 7-9)
18 pages.
Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi
Coordinated Planning For Water And Land Use: Is It Worth Considering?, Larry Morandi
Water and Growth in the West (Summer Conference, June 7-9)
10 pages.
Contains 1 page of references.
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
The United Mall Of America: Free Speech, State Constitutions, And The Growing Fortress Of Private Property, Jennifer Niles Coffin
University of Michigan Journal of Law Reform
Scholars have called the shopping mall the modern replacement for the traditional town square, a claim that is supported by both public investment in infrastructure through municipal and state bond issues and by the presence of public services and events in many malls. Mall owners and tenants have exploited this quasi public character by inviting government agencies to become tenants in the malls ("City Hall at the Mall") despite claiming that malls are private property where constitutionally protected freedoms do not apply. After an initial and shortlived ruling that mall visitors do indeed have free speech rights, the Supreme Court …
Who "Owns" A Cultural Treasure?, Jason Y. Hall
Who "Owns" A Cultural Treasure?, Jason Y. Hall
Michigan Law Review
Because of the thoughtfulness of its arguments, the range and depth of its presentation of specific cases, and the fairness with which it reveals, thinks through, and allows some validity to opposing points of view, Playing Darts with a Rembrandt is a valuable contribution to understanding which parties have, and should have, rights in key objects that comprise our collective heritage. That I am not persuaded by some of the specific arguments in the book in no way reduces my admiration for what it accomplishes.
Casting Light On Cultural Property, John J. Costonis
Casting Light On Cultural Property, John J. Costonis
Michigan Law Review
Theorists of private property invite comparison to theorists of light. For centuries, the latter have debated whether light is best understood as a wave or as a photon. The rivalry has been intense because each hypothesis explains some characteristics of light very well, but others very poorly. Wave theory outstrips photon theory in explaining such phenomena as light's frequencies and diffraction patterns. But photon theory, which reduces light to a succession of particles, more effectively explains such subatomic phenomena as changes in an atom's orbital shell produced by the interaction of photons and electrons. Property theorists too can be viewed …
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
William & Mary Environmental Law and Policy Review
No abstract provided.
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Allan Wolf
Taking Regulatory Takings Personally: The Perils Of (Mis)Reasoning By Analogy, Michael Allan Wolf
UF Law Faculty Publications
This Article includes four parts: (1) a defense of the real property/personal property distinction for a post-deconstructionist legal world, (2) a review of difficulties common law courts have encountered when applying real property concepts to disputes over money and personalty, (3) an exploration of the "rhetorical mismatch" typified by Justice Sandra Day O'Connor's opinion in Eastern Enterprises, and (4) a respectful request for judges to resist the temptation to collapse categories and instead to maintain, or even erect, meaningful distinctions.
Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
A Duty Not To Become A Victim: Assessing The Plaintiffs Fault In Negligent Security Actions, Steven C. Minson
A Duty Not To Become A Victim: Assessing The Plaintiffs Fault In Negligent Security Actions, Steven C. Minson
Washington and Lee Law Review
No abstract provided.
Brief For Amicus Curiae Supporting Appellants-Defendants And Urging Reversal, Capitol Mortgage Bankers, Inc. V. Andrew M. Cuomo, Secretary, United States Department Of Housing And Urban Development And United States Department Of Housing And Urban Development, No. 00-1036, Denis J. Murphy
Court Briefs
Amici curiae brief filed by St. Ambrose Housing Aid Center, Associated Communities Organized for Reform Now (ACORN), Southeast East Community Organization (SECO), Park Reist Corridor Coalition (PRCC), and the National Training and Information Center (NTIC) on behalf of Defendant-Appellants, Andrew Cuomo, Secretary of the United States Department of Housing and Urban Development (HUD), and HUD. Amici argue that based upon the statutory construction of 12 U.S.C. §1709(r), the Secretary of HUD had the authority to promulgate 24 C.F.R. §202.3 and to subsequently terminate Appellee Capitol Mortgage Bankers’ ability to originate Federal Housing Act (FHA) loans. Alternatively, amici argue that because …
Brief Of Amicus Curiae In Support Of Respondents, Allen Becker V. State Of Maryland, Et Al., No. 99-111, Anne L. Blumenberg, Alan T.L. Sun
Brief Of Amicus Curiae In Support Of Respondents, Allen Becker V. State Of Maryland, Et Al., No. 99-111, Anne L. Blumenberg, Alan T.L. Sun
Court Briefs
Amici curiae brief filed by the Community Law Center on behalf of Respondent, State of Maryland. At issue before the Court of Appeals was whether the equitable power granted by Md. Ann. Code, Real Property § 14-120(e) allows a District Court to abate a drug nuisance, which has been found to be a threat to the safety and welfare of a community, through the demolition of a building. Md. Ann. Code, Real Property § 14-120(e) is known as the “Drug Nuisance Statute” and the Community Law Center has devoted much of its resources to representing community associations in drug nuisance …
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
The Effectiveness Of International Legislative Responses To The Helms-Burton Act, Bernadette Atuahene
All Faculty Scholarship
The Cuban Liberty and Democratic Solidarity (Libertad) Act (Helms-Burton Act) is the latest appendage to the Cuban embargo. Title III has caused an international uproar because it gives U.S. victims of Cuban expropriation a right of action within U.S. courts against third parties who traffic in confiscated property. For example, a U.S. citizen can sue a Canadian Mining company doing business in Cuba if they are operating on or using expropriated property. The Helms-Burton Act (HBA) targets U.S. allies who continue to trade and invest in Cuba regardless of pending U.S. claims of expropriation. In response to the HBA, Cuba, …
Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne
Petition For A Writ Of Certiorari, Cayetano V. Chevron Usa, Inc., No. 00-1198 (U.S. Jan. 24, 2000), J. Peter Byrne
U.S. Supreme Court Briefs
No abstract provided.
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
Antideficiency Rule Sanctions: In Re Prestige Ltd. Partnership-Concord, 2000, Roger Bernhardt
Publications
This article discusses a decision which held that a secured creditor who sues a debtor’s guarantor instead of foreclosing on security loses its security interest but may still recover the underlying debt in California.
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Foreclosing On Multiple Security: Dreyfuss V Union Bank, 2000, Roger Bernhardt
Publications
This article discusses a California Supreme Court case which held that a lender may nonjudicially foreclose on multiple items of collateral without crediting the debtor with the fair market value of each item sold.