Law Commons^™

New Directions In The Protection Of American-Owned Property Abroad, Don C. Piper

Maryland Journal of International Law

No abstract provided.

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …

Robin Hood Was Right, Or, Never Trust A Sheriff: The Relationship Between Sheriffs' Sales And The Maryland Recording Act, Alice A. Soled

Maryland Law Review

No abstract provided.

Redlining Revisited: Neighborhood Development Bank As Proposed Solution, Edwin T. Hood, Cynthia M. Weed

Faculty Works

Urban decline and its impact upon American society have been national concerns for nearly three decades. Although the causes of urban decline are numerous and diverse, a key factor is the in­ adequacy of the financial resources available to resolve the massive problems associated with urban decay. In the residential mortgage market, funds for home mortgage loans and home repair loans in declining neighborhoods are conspicuously absent. As a result, ur­ban decline accelerates, and any realistic hopes for the revitalization of urban neighborhoods are eliminated.

During the 1970s, national attention has focused on redlining - ­the term used to describe …

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Ackerman On Property And The Law, David T. Ozar

Loyola University Chicago Law Journal

No abstract provided.

Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker

Fordham Urban Law Journal

This comment addresses the enforceability of restrictive covenants in relation to solar energy rights. Articulating the framework for development of solar energy, this comment works through an economic model formulated by Professors Ellickson, Coase, Calabresi, and Malemed. Looking for an efficient allocation of resources, this comment proposes a modernization of common law property principles to ensure the proper growth of solar energy.

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog

Buffalo Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

CASE DIGEST

This Case Digest provides brief analyses of cases that represent current aspects of transnational law. The digest includes cases that apply established legal principles to new and different factual situations. The cases are grouped in topical categories, and references are given for further research.

THE CONSTITUTIONALITY OF OBTAINING QUASI IN REM JURISDICTION BY MARITIME ATTACHMENT IS NOT LIMITED BY Shaffer v. Heitner

MAXIMUM LIMITS ON DISABILITY BENEFITS ARE NOT APPLICABLE TO DEATH BENEFITS PAYABLE UNDER THE LONGSHOREMEN'S AND HARBORWORKERS' COMPENSATION AcT

REFUSAL OF INS DISTRICT DIRECTOR TO GRANT NON-PRIORITY OR DEFERRED STATUS IS SUBJECT TO THE ARBITRARY AND …

The Act Of State Doctrine And Its Exceptions: An Introduction, A. B. Conant, Jr.

Vanderbilt Journal of Transnational Law

The act of state doctrine poses a serious obstacle for plaintiffs seeking redress in United States courts for wrongful public acts by a recognized foreign sovereign within its own territory. Depending on the circumstances, however, various exceptions to the Doctrine may be invoked. This article is intended to be a brief introduction to the Doctrine and its exceptions and a survey of recent cases in which the Doctrine was construed by United States courts. The present inquiry into the nature and scope of the doctrine begins with the seminal case, "Underhill v. Hernandez"...

Almost all of the early case law …

Foreign Sovereign Immunity--The Status Of Legal Entities In Socialist Countries As Defendants Under The Foreign Sovereign Immunities Act Of 1976, Jere G. Thompson

Vanderbilt Journal of Transnational Law

The Foreign Sovereign Immunities Act of 1976 (FSIA) grants an "agency or instrumentality" of a foreign state substantially the same immunities that are provided to the state itself under the Act. An agency or instrumentality of a foreign state is defined in section 1603(b) of the FSIA. Section 1603(b) lists the following three criteria that must be met by an entity in order to qualify as an agency or instrumentality for sovereign immunity purposes: (1) the entity must be a legally independent person under the laws of the foreign state in which it was created; (2) the entity must be …

Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva

Articles & Book Chapters

Upon an authorized sale of goods, the owner's ability to recover the price from the buyer can be explained either by his property in the goods or by a contractual relationship. This article deals with the right to recover the price in the context of an historical and theoretical analysis of the right to the proceeds of a sale at common law. It is suggested that property is the basis of this right, rather than a contractual nexus. Part I presents the sale of goods by an agent of an undisclosed principal as a model situation in which the right …

American Loyalists Claims, Series I And Series Ii: Georgia, Zach S. Henderson Library, Special Collections

Finding Aids

This collection consists of transcripts of microfilm copies of historical records pertaining to Georgia compiled by the American Loyalist Claims Commission. The original documents are located in the British National Archives, London (American Loyalists Claims, Series I, A.O. 12, 1776-1831 and Series II A.O. 13, 1780-1835). Zach Henderson Library Special Collections houses four reels of microfilmed claims records; transcriptions of reels 1, 2, and 3 are included in this collection. Materials include indexes to microfilm reels 1, 2, 3, and 5; A total of 1,567 pages of typed transcripts and 17 sheets of negative photocopies detailing the experiences and property …

Barring Slayers' Acquisition Of Property Rights In Virginia: A Proposed Statute, Sandra Gross Schneider

University of Richmond Law Review

The above passage by Justice Benjamin Cardozo clearly reflects the age-old maxim of the common law, Nullus commodurn caperepotest de injuria sua propria, which expounds the philosophy that no individual shall profit from his own wrong. The present Virginia statute concerning homicide and succession to property was enacted by the legislature to reflect this common law policy. However, because of the very narrow scope of the statute and the requirement that it be strictly construed, it is presently inadequate to respond to many of the issues facing our judges in Virginia. Section 64.1-18 of the Virginia Code states that no …

Property, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh

University of Richmond Law Review

Years ago, caveat emptor was the rule in real estate transactions. A home buyer's own inspection was considered reliable in determining if the house was structurally sound and habitable. Today, the situation is different. Potentially troublesome conditions in a house are easily concealed, and inspection by the buyer may not reveal latent defects. For this reason, the doctrine of implied warranty has replaced caveat emptor in many jurisdictions.

Sears, Roebuck & Co. V. San Diego County District Council Of Carpenters: Garmon Reconsidered And The Reaffirmation Of Property Rights, Keith Barker

University of Richmond Law Review

Sears, Roebuck & Co. v. San Diego County District Council of Carpenters resolves the problem of a jurisdictional hiatus facing an employer when a union's peaceful picketing on his property is within the ambit of the National Labor Relations Act (NLRA or the Act). Prior to the Sears decision, the right of the states to enjoin labor union picketing on an employer's private property, when the union's picketing was arguably protected and arguably prohibited, was uncertain. As a rule, conduct which is arguably protected under the Act or arguably prohibited under the Act, with few exceptions, cannot be the subject …

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

The Applicability Of Shaffer To The Quasi-In-Rem Attachment Of Foreigners' Assets, Steven H. Becker

Vanderbilt Journal of Transnational Law

This Note proposes to examine the nature of United States contacts availed of by foreign defendants, and to determine the impact of Shaffer on the potential assertion of quasi-in-rem jurisdiction based on those contacts. It is instructive to consider quasi-in-rem jurisdiction's relation to four possible scenarios involving a foreign defendant: (1) the foreign defendant who owns real estate in this country; or (2) maintains deposits in United States banks; or (3) invests in securities that are registered locally; or (4) extends credit to United States companies or individuals on a regular basis. This Note ultimately concludes that in light of …

Mechanics Liens - Allocation Among Multi-Unit Projects Under Virginia Law, David L. Lingerfelt

University of Richmond Law Review

In several recent decisions the Virginia Supreme Court and the Federal District Court for the Eastern District of Virginia have ruled on the validity of blanket or joint mechanic's liens. The blanket lien, as may be inferred from its name, is used to encumber more than one property unit in a single action. Its benefit is sought when an artisan or material supplier has improved two or more units in one transaction, and there has been a failure of remuneration. The mechanic's lien gives the artisan a preferred status among creditors, and therefore its immunity to attack is of critical …

Tax Planning Enhanced By Tax-Free Exchange Provisions, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.

Land Use And Due Process - An Examination Of Current Federal And State Procedures., Curtis T. Vaughn Iii

St. Mary's Law Journal

Abstract Forthcoming.

Options Available Under The Alaska Native Claims Settlement Act

William & Mary Environmental Law and Policy Review

No abstract provided.

The Preservation Of Penn Central

William & Mary Environmental Law and Policy Review

No abstract provided.

Running Covenants And Public Policy, Olin L. Browder

Michigan Law Review

When first encountering covenants running with the land, one may react against the very idea. Why should any person be able to enforce a promise not made to him or be bound by a promise he did not make? Modern contract law, particularly the rules about the assignment of contract rights and the rights of third-party beneficiaries, may answer the first question, but does not explain how anyone can be bound by a promise neither expressly nor impliedly made or consented to by him.

On the other hand, persons_ familiar with easements, liens, or mortgages understand that land ownership can …

Unmarried Couples And Unjust Enrichment: From Status To Contract And Back Again?, Robert C. Casad

Michigan Law Review

In recent years, litigation over property arrangements between unmarried cohabitants has posed some old questions in a new light and has yielded some new answers. One of the most intriguing of these questions is whether a cohabitant has a right, upon dissolution of the relationship, to remuneration for household services rendered during the relationship. A spouse who contributed household services in an actual marriage, of course, may upon divorce receive a share of the property acquired by the other spouse during the marriage or may receive a monetary award as compensation for the contributions made to the other during the …

The Conservatorship Model: A Modification, Gregory S. Alexander

Cornell Law Faculty Publications

Reform-minded probate lawyers have discussed the idea of ante-mortem probate for many years. Yet, owing to several seemingly unavoidable defects, it has never attracted widespread support and only recently has been implemented anywhere in the United States. In his article, Living Probate: The Conservatorship Model, Professor John Langbein has eliminated many of those defects and has made the idea much more feasible. In doing so, he has contributed to the development of simple, convenient, and efficient systems of probate. However, his proposal introduces new flaws that threaten the practical working of his procedural model.

Basically, Langbein proposes that living …

United States V. 564.64 Arces Of Land, More Or Less, Situated In Monroe And Pike Counties, Pennsylvania, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Special Estate Tax Valuation Of Farmland And The Emergence Of A Landholding Elite Class, Roland L. Hjorth

Washington Law Review

Examines Internal Revenue Code provisions on farmland as an inheritable asset, including those provisions that offer substantial tax savings.