Law Commons^™

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Faculty Scholarship

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature …

Comments On The Historiography Of Condominium: The Myth Of Roman Origin, Robert G. Natelson

Faculty Law Review Articles

This article seeks to dispel the common perception that the condominium is an institution peculiarly Roman. The article attempts to set the record straight and to trace a course of events that is symptomatic of underlying problems in American legal scholarship.

Part II outlines the considerations which render it improbable that anything like modern condominium existed in Roman civil law. Part III is a short sketch of the actual history of condominium. Part IV traces the process by which the fable of Roman origin crept throughout American legal literature. Part V explains, in reverse chronological order, how a now-discredited European …

Mending The Social Compact: Expectancy Damages For Common Property Defects In Condominiums And Other Planned Communities, Robert G. Natelson

Faculty Law Review Articles

This article examines one of the most significant forms of common property lawsuits that has resulted as the number of planned communities has grown -- the action against the community developer for alleged construction defects and plaintiff's seeking expectancy damages. Noting that an adequate guide for measuring expectancy damages in common property defects cases has not yet been developed, this article suggests several mechanisms by which damages in these cases can be measured and allocated in a straightforward manner.

Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore

University of Richmond Law Review

America's state and local governments are in a fiscal vise. Federal intergovernmental aid reached a high water mark in fiscal 1979, but subsequent cutbacks by President Reagan and Congress brought the era of rapid growth in federal domestic spending to a screeching halt in 1981 with reductions of over fifty-three billion dollars in budgetary authority and thirty-five billion dollars in budgetary outlays. Local governments have responded by taking one of three fiscal paths: (1) forced austerity, resulting in school and library closings, deteriorating infrastructure, elimination of mass-transit systems and benefit and personnel cuts; (2) an increased dependence on local tax …

Annual Survey Of Virginia Law: Property, W. Wade Berryhill

University of Richmond Law Review

This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.

Rent Seeking And The Compensation Principle, Thomas W. Merrill

Faculty Scholarship

The reaction to Richard Epstein's Takings has been almost universally negative. Joseph Sax finds Epstein the "prisoner of an intellectual style so confining and of a philosophy so rigid that he has disabled himself from seeing problems as beyond the grasp of mere formalism." Thomas Grey concludes that "Takings belongs with the output of the constitutional lunatic fringe" and is "a travesty of constitutional scholarship." Thomas Ross, writing in this Law Review, says that, at least from an academic perspective, Takings is "a patent and howling failure." Epstein has provoked even the student editors of the Harvard Law Review …

Current Issues And Developments Involving Sales Or Exchanges Of Real Estate: The Impact Of Tax Reform 1986 On Real Estate Investments And Activities, Robert G. Gottlieb

William & Mary Annual Tax Conference

No abstract provided.

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.

New Tax Reporting Requirement For Closing Attorneys, Lynda L. Butler

Popular Media

No abstract provided.

The Law Of Practical Location Of Boundaries And The Need For An Adverse Possession Remedy, James H. Backman

BYU Law Review

No abstract provided.

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.

Two Faces Of Liberalism, Cass R. Sunstein

University of Miami Law Review

No abstract provided.

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.

South Dakota Airplane Tax Hangs By A Technical Thread, Jeffrey S. Lehman

Cornell Law Faculty Publications

No abstract provided.

Hodel V. Irving, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

First English Evangelical Lutheran Church Of Glendale V. County Of Los Angeles, California, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Nollan V. California Coastal Commission, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Landlord-Tenant—Forcible Entry And Detainer - Statutory Prohibition Of Landlord Self-Help Remedies, Reneé Sims Dale

University of Arkansas at Little Rock Law Review

No abstract provided.

The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

34 pages.

Contains footnotes.

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

International Law And External Threats To National Parks, Daniel Barstow Magraw

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

41 pages.

Contains references.

A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

116 pages (includes illustrations).

Contains footnotes and references.

Contains 3 attachments:

1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.

2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.

3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.

Panel: “Protecting Our National Parks: What Should Be Done,” And William J. Lockhart, Outline: Problems And Issues That Must Be Addressed; And Some Preliminary Proposals For Solutions, William J. Lockhart

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

26 pages.

Statements On Introduced Bills And Joint Resolutions [The Congressional Record, Senate Vol. 132, February 25, 1986, S1561-S1564], John Chafee

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Presenter: Robert F. Hurley, Administrative Assistant to Senator John H. Chafee.

5 pages.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.