Law Commons^™

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Maryland Law Review

No abstract provided.

Title Examination In Virginia, W. Wade Berryhill

University of Richmond Law Review

The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …

The Impact Of The "Foreign Investment In Real Property Tax Act Of 1980" On International Tax Treaties, Karin E. Landmann

LLM Theses and Essays

This thesis will focus on the problem of inconsistency between the new Act and contradictory treaty provisions in treaties with the Tax Haven Countries and Scandinavian Countries and seek possible solutions for such conflicts.

Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher

University of Richmond Law Review

Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …

Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant

University of Richmond Law Review

Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …

Shopping Center Tenant Bankruptcies: A Better Balance Of Opposing Interests, Matthew J. Gould

Cardozo Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

Colorado "Buyer Brokerage": Does It Still Exist After Velten V. Robertson?, Robert G. Natelson

Faculty Law Review Articles

This article examines the decision in Velten v. Robertson which raises serious questions as to whether a purchaser of real property can employ a real estate broker on a commission basis with full confidence that the broker will be able to avoid conflicts of interest and thus limits effective commissioned real estate brokerage in Colorado to the representation of sellers.

Title Examination In Virginia, W. Wade Berryhill

Law Faculty Publications

The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …

Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon

Publications

No abstract provided.

Real Estate Tax Shelters - Historical Structures, Rehabilitated Structures, Low-Income Rental Housing, Condominium Or Cooperative Housing Conversion Tax Problems And Acrs Issues, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.

The Concept Of Property In Private And Constitutional Law: The Ideology Of The Scientific Turn In Legal Analysis, Gregory S. Alexander

Cornell Law Faculty Publications

In recent academic writing on the general problem of constitutional protection of property under the takings clause and due process clauses, a mode of analysis has emerged that is evidently different from the conventional analysis of constitutional property claims. In general terms, this new mode is characterized by an effort to analyze claims on an openly teleological and systematic basis. To be sure, this mode is not exclusively of recent origin. But it is a discernible trend in the body of scholarship that discusses constitutional protection of property in the context of previously unfamiliar sorts of private economic interests.

Most …

Testing The Constitutional Validity Of Land Use Regulations: Substantive Due Process As A Superior Alternative To Takings Analysis, Ross A. Macfarlane

Washington Law Review

Two clauses of the United States Constitution figure most prominently in the debate over the constitutional limits on the governmental power to regulate land. They are the just compensation clause of the fifth amendment and the due process clause of the fifth and fourteenth amendments. Neither the courts nor the commentators agree, however, on which provision to apply. Courts frequently confuse and blend the distinct concepts of: (1) taking property without payment of just compensation, and (2) depriving a person of property without due process of law. This confusion has resulted in disparate results as well as in conflicting analysis. …

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …

Alternative Mortgage Instruments: Authorizing And Implementing Price Level Adjusted Mortgages, Joel J. Goldberg

University of Michigan Journal of Law Reform

Of the institutions authorized to make mortgage funds available, only federally-chartered and a small minority of state-chartered savings and loan associations are presently authorized to make PLAM loans. This is due, in part, to a variety of legal and underwriting problems that may outweigh the theoretical advantages of PLAM financing. This Note evaluates these legal and underwriting problems and proposes legal measures to accommodate PLAM financing. Part I discusses the development and advantages of the PLAM. Part II analyzes the legal and practical underwriting objections to PLAM financing, including interest regulations, tax ramifications, and commercial desirability. Part II also suggests …

Joint Tenancies And Creative Financing—The Land Contract, Robert Kratovil

University of Arkansas at Little Rock Law Review

No abstract provided.

Property Law—Mortgages—Validity Of Due-On-Sale Clauses In Instruments Of Federally Chartered Savings And Loans Upheld, David G. Paul

University of Arkansas at Little Rock Law Review

No abstract provided.

Beyond Shooting Snail Darters In Pork Barrels: Endangered Species And Land Use In America, George Cameron Coggins, Irma S. Russell

Faculty Works

No abstract provided.

Takings Law—Is Inverse Condemnation An Appropriate Remedy For Due Process Violations?—San Diego Gas & Electric Co. V. City Of San Diego, 450 U.S. 621 (1981), Kim C. Pflueger

Washington Law Review

This Note first examines the Supreme Court cases that involve fifth amendment taking and fourteenth amendment due process challenges to land use regulations. Next, this Note discusses the meaning of Justice Brennan's proposals and their potential effect on land use planning and zoning. This Note suggests that overly restrictive zoning ordinances should not be viewed as a taking requiring just compensation. Instead these ordinances should be viewed as invalid exercises of the municipality's police power because of their failure to provide substantive due process to the landowner. The landowner's remedy should therefore be the invalidation of the ordinance, not just …

Landlord's Remedies When The Tenant Abandons: Property, Contract, And Leases, Sarajane N. Love

Scholarly Works

Because the current remedial scheme represents a blend of property and contract Law, an adequate assessment requires delving into the property framework that existed before its revamping by contract. In part II, therefore, the focus will be on the remedial options traditionally associated with property law.... Part III will examine the significant contract doctrines in this area of the law -- breach by anticipatory repudiation and the avoidable consequences rule. An important concern is whether the contract and property rules have been or can be melded together in an overall remedial scheme that is conceptually understandable and practically consistent in …

The Sale, Lease Or Exchange Of Indian Water Rights For Energy Development, Thomas W. Fredericks

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

34 pages.

Contains references.

Weather Resources Management And Interbasin Transfer Law [Outline], Ray Jay Davis

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

21 pages (includes illustrations).

Water Problems & Issues Affecting United States-Mexico Relations: Policy Options & Alternatives, Albert E. Utton

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

42 pages.

Contains 6 pages of endnotes.

The California State Water Project, Jerry Meral

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

27 pages.

A Case Study: The Yellowstone River, Donald Mcintyre

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

106 pages (includes maps).

Contains 15 appendices.

A Case Study Of The Windy Gap Project [Outline], John M. Sayre

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

7 pages.

The Metropolitan Water District Of Southern California [Outline], Carl Boronkay

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

4 pages.

New York City’S Battles For Imported Water, J. Kevin Healy

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

16 pages (includes illustrations and maps).

The Central Arizona Project, Jon Kyl

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

38 pages (includes illustrations).

Contains footnotes.

Contains 9 attachments.

Water Development For Coal Pipelines: The Etsi Story, Wesley M. Witten

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

8 pages (includes 1 map).