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Articles 6241 - 6270 of 8419

Full-Text Articles in Law

Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel Jan 1974

Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel

Buffalo Law Review

No abstract provided.


Commercial Transactions: The Future Of Self-Help Repossession, 8 J. Marshall J. Prac. & Proc. 96 (1974), Dixie L. Laswell Jan 1974

Commercial Transactions: The Future Of Self-Help Repossession, 8 J. Marshall J. Prac. & Proc. 96 (1974), Dixie L. Laswell

UIC Law Review

No abstract provided.


The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley Jan 1974

The Common Lands Concept: A "Commons" Solution To A Common Environmental Problem, Julian C. Juergensmeyer, James Wadley

Faculty Publications By Year

No abstract provided.


Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd Jan 1974

Environmental Control: Guide Or Roadblock To Land Development - A Symposium - Introduction, Donald W. Dowd

Villanova Law Review (1956 - )

No abstract provided.


Injunction Against The Recording Of Deeds Containing Racial Covenants: The Last Of The Racial Covenant Cases? - Mayers V. Ridley Jan 1974

Injunction Against The Recording Of Deeds Containing Racial Covenants: The Last Of The Racial Covenant Cases? - Mayers V. Ridley

Maryland Law Review

No abstract provided.


Effect Of Reduction Of The Age Of Majority On The Permissible Period Of The Rule Against Perpetuities, Alice A. Soled Jan 1974

Effect Of Reduction Of The Age Of Majority On The Permissible Period Of The Rule Against Perpetuities, Alice A. Soled

Maryland Law Review

No abstract provided.


The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii Jan 1974

The Epa's Position: A Rational Approach To Land Development, Daniel J. Snyder Iii

Villanova Law Review (1956 - )

No abstract provided.


A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson Jan 1974

A General Overview Of The Conflicting Interests Involved In Land Development And Environmental Control, John M. Hyson

Villanova Law Review (1956 - )

No abstract provided.


Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith Jan 1974

Does Petaluma Lie At The End Of The Road From Ramapo, R. Marlin Smith

Villanova Law Review (1956 - )

No abstract provided.


Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr. Jan 1974

Environmental Planning - A Legal Guide To Development In Pennsylvania, William M. Eichbaum Jr.

Villanova Law Review (1956 - )

No abstract provided.


Environmental Control: Guide Or Roadblock To Land Development, R. Marlin Smith, William M. Eichbaum Jr., John M. Hyson, Daniel J. Snyder Iii Jan 1974

Environmental Control: Guide Or Roadblock To Land Development, R. Marlin Smith, William M. Eichbaum Jr., John M. Hyson, Daniel J. Snyder Iii

Villanova Law Review (1956 - )

No abstract provided.


Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman Jan 1974

Subdivision Exactions: The Constitutional Issues, The Judicial Response, And The Pennsylvania Situation, Michael G. Trachtman

Villanova Law Review (1956 - )

No abstract provided.


Warrantless Search Of A College Dormitory, Ronald J. Bacigal Jan 1974

Warrantless Search Of A College Dormitory, Ronald J. Bacigal

Law Faculty Publications

Student Conduct is as much a part of the collegiate experience as intellectual pursuit, and regulation of student conduct has been a concern of university officials for as long as there have been students and universities. Until the 1960s the courts had few occasions to concern themselves with the regulation of student conduct; and, university officials were free to take any action short of action that was arbitrary and capricious. University officials were deemed to stand in loco parentis and thus could make and enforce any regulation for the physical training, moral enrichment, and betterment of their pupils that a …


Condominium Renovation, Amy R. Piro Jan 1974

Condominium Renovation, Amy R. Piro

Fordham Urban Law Journal

As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.


Some Effects Of Extending The Navigation Season On The Great Lakes: A Need For Congressional Action, William Iii C. Hain Iii Jan 1974

Some Effects Of Extending The Navigation Season On The Great Lakes: A Need For Congressional Action, William Iii C. Hain Iii

Cleveland State Law Review

The thrust of this note is to probe that "natural right" as affected by the extended navigation season proposal. The basic conflict is one of competing rights and interests. On the one hand is a group of private citizens claiming a private right in the traditional use of the ice in its natural condition. On the other hand are those arguing in favor of the economic desirability of opening a vast, commercially rich region to year-round waterborne accessibility. In other words, there is a clash between conflicting private regional interests, and public national interests. It is the author's contention that …


Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller Jan 1974

Semachko V. Hopko: Ohio's Marketable Title Act Comes To The Fore, James F. Szaller

Cleveland State Law Review

The Ohio Marketable Title Act became effective on September 29, 1961. The purpose of the Act is to simplify and facilitate land title transactions. This is accomplished by allowing the title examiner to search the record for title defects for only a specified period of years back in time; all claims prior to that period are extinguished. The period of time in Ohio is forty years. Therefore, if a person has a record chain of title for forty years, then any conflicting claims based upon any title transactions prior to that forty year period are extinguished. The basic concept is …


Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra Jan 1974

Covenant Of Habitability And The Ohio Landlord-Tenant Legislation, Barbara Hall Nahra

Cleveland State Law Review

With one exception noted later, Ohio courts have been loathe to accept the fact that enforcement of housing codes has been singularly ineffective on a large scale. Without an implied covenant of habit- ability in rental agreements, the indigent tenant today, living in squalid conditions and often lacking a viable alternative, has no effective means of bettering his condition. To remedy this problem, the Ohio legislature, on July 23, 1974, passed Amended Substitute Senate Bill Number 1032 defining the respective rights and obligations of landlords and tenants by holding the lessor of residential property to an implied covenant of habitability …


Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability Jan 1974

Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability

Fordham Urban Law Journal

Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …


From Plows To Pliers - Urban Homesteading In America Jan 1974

From Plows To Pliers - Urban Homesteading In America

Fordham Urban Law Journal

The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …


Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii Jan 1974

Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii

Fordham Urban Law Journal

In New York, there has never been a general landlord's statutory or common law lien, the growth of the cities and consequent legal development of the landlord-tenant relationship has enhanced the importance of the leasehold agreement. Most landlords, seeking protection beyond tenants' personal assurances that the lease will be honored, require a provision for a security deposit in the lease. The purpose of the deposit is to assure the tenant's compliance with the covenants of the lease. Confusion over the landlord-tenant relationship with regard to the security deposit has left room for abuse of the deposit for the landlord's gain. …


Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing Jan 1974

Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing

Fordham Urban Law Journal

This Note examines the effectiveness of the 1965 New York City Landmark Preservation Act with respect to its ability to confront the conflict between the desire to preserve the city's history and the individual's constitutional right to use and control her own property, with particular attention to the unprotected status of the tax-exempt property owner. The author argues that the legislation fails to mesh the two conflicting goals of preservation and just compensation to property owners. She suggests that in order to do so, perhaps a different standard of value should be placed on landmark preservation that focuses on non-economic …


Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski Jan 1974

Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski

Fordham Urban Law Journal

This Casenote analyzes the Northern District of California's recent decision in Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), which held that limiting the number of building permits for the purpose of restricting population growth was an unconstitutional infringement on the right to travel, where there is no shortage of municipal facilities to serve the new residence. The Casenote concludes that, although the court had authoritative support for its decision, it may be unwise to use the right to travel to invalidate a local zoning ordinance. Moreover, the right to travel …


Gimme Shelter: Reform Of Real Estate Tax Shelters, Farrell C. Glasser Jan 1974

Gimme Shelter: Reform Of Real Estate Tax Shelters, Farrell C. Glasser

University of Michigan Journal of Law Reform

Of the many different kinds of tax shelter investments that are available to high bracket taxpayers, the most commonly encountered device is the real estate tax shelter. This article describes the way a tax shelter operates, from both a business-economic and a tax viewpoint, and examines the real estate tax shelter from the standpoint of possible tax reform to correct the abuses that stem from real estate syndications.


Real Property Tax Relief For The Elderly, Edsell M. Eady Jr. Jan 1974

Real Property Tax Relief For The Elderly, Edsell M. Eady Jr.

University of Michigan Journal of Law Reform

This article focuses on the elderly person's problem of coping with real property taxation. Although property taxes vary in intensity from place to place, the elderly bear a particularly heavy burden. The property tax generally does not reflect a taxpayer's ability to pay, since it is usually levied in proportion to the value of real property rather than in relation to a homeowner's income. Thus people with low incomes may have to pay a greater percentage of their incomes as real property tax than people with higher incomes. The real property tax can be a formidable problem for an elderly …


Real Property- The Rule Against Perpetuities- Option Contract Held Void Due To Violation Of The Common Law Rule Jan 1974

Real Property- The Rule Against Perpetuities- Option Contract Held Void Due To Violation Of The Common Law Rule

University of Richmond Law Review

The Rule against Perpetuities as originally developed in England and crystalized over two centuries is still alive and thriving in the Commonwealth of Virginia as evidenced by the recent supreme court case of United Virginia Bank v. Union Oil. While a number of states have enacted legislation or judicially adopted ways and means to avoid the harsh results often dictated by the common law rule, it appears that Virginia may be defending a rearguard position which may not be functional in terms of today's commercial world.


The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn Jan 1974

The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn

Journal Articles

The marital property provisions of the new Missouri divorce law render the tax treatment of property transfers and alimony payments unclear. As to property transfers, the problem is that the new law appears to give the wife an interest in property that previously would have been regarded as belonging to the husband. Since this is so, it is possible to argue that a “transfer” of appreciated property to the wife is part of a “division” of property between “co-owners,” and therefore not taxable. Although transfers of appreciated property in connection with a divorce are usually taxable, divisions of community property …


Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson Jan 1974

Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson

University of Richmond Law Review

No aspect of the law of real property affects more people as pervasively as the law of landlord and tenant. A recent study undertaken by the Virginia Housing Study Commission showed that almost fifty percent of the Commonwealth's population are tenants.


Condominiums In Virginia- The Condominium Act Of 1974 Jan 1974

Condominiums In Virginia- The Condominium Act Of 1974

University of Richmond Law Review

The condominium is one of the fastest growing forms of housing in the United States. As a legal concept, the condominium involves "separate ownership of individual units in a multi-unit project," along with an undivided interest in common areas owned by members of the project. Unit owners, while owning their units separately, are responsible for expenses relative to the management and maintenance of the project.


Meridith V. Ingram: A Failure To Shed The Shackles Of Stare Decisis, Alva A. Hollon Jr. Jan 1974

Meridith V. Ingram: A Failure To Shed The Shackles Of Stare Decisis, Alva A. Hollon Jr.

Kentucky Law Journal

No abstract provided.


Kentucky's Experience With The Broad Form Deed, James K. Caudill Jan 1974

Kentucky's Experience With The Broad Form Deed, James K. Caudill

Kentucky Law Journal

No abstract provided.