Law Commons^™

Cities Within A City : On Changing Cleveland's Government, Burt W. Griffin

Cleveland Memory

Burt W. Griffin has been a judge of the Common Pleas Court of Cuyahoga County, Ohio since January 3, 1975. From 1966 to 1975, he served as a legal aid lawyer in various capacities including Executive Director of the Cleveland Legal Aid Society and National Director of the Legal Services Program, U.S. Office of Economic opportunity. He was Assistant Counsel to the President's Commission on the Assassination of President Kennedy during 1964. Judge Griffin has been a life-long resident of Greater Cleveland. He was born in Cleveland's Hough section in 1932, lived in the Shaker Square area of Cleveland from …

The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill

University of Richmond Law Review

The problem begins simply enough. Soon moving to another city a homeowner negotiates and signs a contract for the sale of his present home. The contract provides that the purchasers are to assume the current mortgage with an interest rate of 91 %. The vendor and the purchasers notify the lender of the intended sale. Despite the fact that the proposed purchasers qualify as acceptable credit-risks, the lender informs the parties that the current mort- gage contains a "due-on-sale" clause and that he intends to accelerate the due date of the mortgage unless the purchasers agree to accept an increase …

Implied Warranties In Ohio Home Sales, Susan B. Brooks

Cleveland State Law Review

The majority of states other than Ohio have rejected the caveat emptor doctrine and adopted an implied warranty of habitability in the sale of new homes, but the irony of this situation is that it was an Ohio case, Vanderschrier v. Aaron, that first recognized implied warranties in the sale of a home. This Note will demonstrate that Ohio should adopt an implied warranty of habitability in the sale of new homes by builder-vendors.

Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond

Seattle University Law Review

This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …

Property, E. F. Roberts

Cornell Law Faculty Publications

In the past, property exemplified law as an ordered set of rules, each axiom fitting nicely into an almost immovable intellectual mosaic of immense size. This obsolete rule grid still serves a purpose. It has been pressed into service as a vehicle to test aspirants for admission to the bar, now that even the bar examiners in this Republic have succumbed to using multiple choice questions susceptible to machine scoring. The irony is that this bar examination law does not mirror the real law, the common-law model having been destroyed by the entropy that typifies this fragile society. Order has …

Conditional Zoning In Virginia, Frank O. Brown Jr., Susanne L. Shilling

University of Richmond Law Review

Zoning ordinances in the United States are of relatively recent origin. Local government planners were quick to recognize their usefulness as a means of land use control, and over the years zoning ordinances have been developed into many varied and complex forms. This article will focus on conditional zoning, one of the newest forms of zoning, as it exists today in Virginia. Some background on zoning in general, however, will be useful to achieve a proper understanding of conditional zoning.

Landlords Or Tenants: Who Bears The Costs Of Crime?, Miriam J. Haines

Cardozo Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. Aliens' Rights

Alien is Ineligible for Naturalization when He is Relieved from Military Service and Waives All Rights under Immigration and Naturalization Laws

Executive Orders Requiring United States Claims Against Iranian Assets to be Submitted to Binding Arbitration are Valid Exercise of Presidential Powers

Injury or Intent to Injure is not an Essential Element of the Crime of Assault on a Foreign Official or an Internationally Protected Person

2. European Economic Community

Community Law Authorizes a Member State of the European Economic Community to Prescribe Penalties for a Contravention of the Prohibition Against Fishing Without Authorization in …

Construction Loan Advances And The Subordinated Purchase Mortgagee: An Appraisal, A Suggested Approach, And The Ulta Perspective, Gerald Korngold

Articles & Chapters

No abstract provided.

Challenging Rezoning In Virginia, William F. Neely

University of Richmond Law Review

Zoning is an intrusion into our everyday lives, regulating a right basic to most Americans-the free use of their land. As municipalities increase their use of the zoning mechanism, more landowners will find the use of their lands restricted and in turn will seek legal counsel in order to challenge the restrictions. Presently, when faced with a rezoning question, a practitioner has to filter through the many treatises, articles and cases in an attempt to pull together Virginia law. It is the purpose of this comment to compile Virginia rezoning law in order to serve as a reference for the …

Short-Notice Termination Clauses In Coal Leases: Effect On Percentage Depletion, Robert G. Lathrop

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Country Club Apartments V. Scott: Exculpatory Clauses In Leases Declared Void, Mitchell O. Moore

Mercer Law Review

In Country Club Apartments, Inc. v. Scott, the Georgia Supreme Court held that exculpatory provisions in leases are void as against public policy. The Georgia Supreme Court affirmed the judgment of the court of appeals upholding the denial of the defendant's motion for judgment on the pleadings

Real Property, George A. Pindar

Mercer Law Review

One who reads the judicial output of Georgia's appellate courts for the past decade can certainly be impressed with the high quality of the writing often found in these pages. We can understand why much of it goes unnoticed on the national scene, since other courts and law teachers are programmed by long tradition to look largely to the Northeastern States for legal scholarship. But we now find a stirring trend toward more progressive thinking and impatience with outworn platitudes in both appellate courts, as illustrated in some of the rulings discussed below.

An Analysis Of The Texas Condominium Act: Maintenance And Operation Of A Condominium Project., Faye M. Bracey

St. Mary's Law Journal

Abstract Forthcoming.

Access To The Sun: A Legal Survey, Lawrence D. Engle

In the Public Interest

No abstract provided.

Property–Dower–Specific Performance Is Allowed, Charles Clifford Gibson Iii

University of Arkansas at Little Rock Law Review

No abstract provided.

Zoning Law In Arkansas: A Comparative Analysis, Robert R. Wright

University of Arkansas at Little Rock Law Review

No abstract provided.

Land Trusts: An Alternative Method Of Preserving Open Space, Randee G. Fenner

Vanderbilt Law Review

In an effort to provide the background necessary to maximize the land trust's potential, this Article undertakes a three-part analysis, focusing on (1) the steps necessary to organize the land trust; (2) the techniques that may be used to accomplish the transfer of property to the land trust; and (3) the tax consequences associated with the land trust's conservation activities-consequences that may dictate the form that the transfer will take and upon which the success or failure of the preservation effort may hinge.

Installment Land Contracts: Developing Law In Virginia

Washington and Lee Law Review

No abstract provided.

Implied Warranty Of Habitability And Security In Residential Leases: Trentacost V. Brussel, Daniel M. Livingston

BYU Law Review

No abstract provided.

“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

5 pages.

The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages.

Includes footnotes (pages 44 to 47).

Development Of The 1979 Federal Coal Management Program, Leo M. Krulitz

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

4 pages.

The General Mining Act Of 1872, Loren Mall

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

48 pages (includes graph).

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

The Public Lands: Development Of Federal Policy, Charles F. Wilkinson

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

9 pages.

Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation, Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Instructors for this conference included University …

The Jurisdictional Scheme On The Public Lands, David E. Engdahl

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

7 pages.

The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne

Faculty Publications

No abstract provided.