Law Commons^™

Regulation Of Real Estate Syndications: An Overview, Stephen B. Hazard

Washington Law Review

This comment will attempt to make some sense out of the controversy raging around real estate syndications and will attempt to determine what, if anything, should be done to regulate them. First, the mechanism of the real estate syndication and the specific problems it poses for the investor will be briefly examined. Second, the existing legal framework including restrictions imposed on real estate syndications by common law partnership and state and federal securities laws will be examined to determine whether the investor is adequately protected. Third, various proposed regulatory schemes will be examined, including the SEC's proposals for new disclosure …

Village Of Belle Terre V. Boraas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Dept. Of Game V. Puyallup, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Some Antitrust Problems In Government Insured/Guaranteed Mortgage Lending, Richard Arlen Saliterman

Buffalo Law Review

No abstract provided.

Due Process And Deeds Of Trust—Strange Bedfellows?, David A. Leen, Peter A. Galbraith, John Gant

Washington Law Review

The authors examine in detail the validity of the private sale provisions of the Washington Deed of Trust Act in light of the recent procedural due process decisions of the United States Supreme Court. In addition to concluding that the present Washington Act appears to be unconstitutional, the authors briefly discuss the policy considerations involved and suggest general guidelines for change.

Religious Corporations And The Law, Paul G. Kauper, Stephen C. Ellis

Michigan Law Review

This article will attempt to present a picture of the legal status of religious organizations, with particular reference to the enjoyment of the corporate privilege. Necessarily, this will involve at the outset an historical review tracing the development of that status, beginning with the practice of granting special charters to churches and culminating in the now familiar general incorporation statute. Special attention will be paid to distinctive problems that arose in Utah, Pennsylvania, and Virginia concerning corporate status. The historical review is followed by a summary survey of the current state laws relating to the incorporation of churches. The last …

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Statewide Land Use Regulations, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler

West Virginia Law Review

Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …

Public Impairment Of Right To Access Is Compensable., Larry W. Harrison

St. Mary's Law Journal

Abstract Forthcoming.

Mobile Home Financing., James N. Castleberry

St. Mary's Law Journal

Abstract Forthcoming.

The Clouded Issue In Public Welfare: Right V. Privilege., Judith Harris Brown

St. Mary's Law Journal

Abstract Forthcoming.

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

Florida State University Law Review

No abstract provided.

Towards A Property Right In Employment, Philip J. Levine

Buffalo Law Review

No abstract provided.

Adverse Possession--Personal Property--Acquiring Title To Personal Property By Adverse Possession In West Virginia, Claude A. Brown

West Virginia Law Review

No abstract provided.

Real Property--Wills--Judicial Construction Of To A And His Children, Thomas R. Ross Ii

West Virginia Law Review

No abstract provided.

Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell

Indiana Law Journal

No abstract provided.

A Reassessment Of The Legal Bases Of Zoning, John E. Donaldson

Faculty Publications

No abstract provided.

Land Use Controls In Coastal Areas, Richard C. Ausness

Law Faculty Scholarly Articles

Prolonged exploitation of coastal resources has caused extensive ecological harm. The alarming decline in the condition of the marine environment has become a matter of serious public concern. This Article will examine some of the environmental problems of the coastal zone and the resulting institutional responses. The first part will delineate a number of problems in the nation's coastal areas. The second part will review the doctrines of property law associated with the ownership of littoral land and their relation to land-use control measures. The third part will evaluate recent coastal management legislation. The fourth part will consider constitutional restraints …

New York State Planning Law Revision: The Lost Necessity?, Donald L. Conover

Buffalo Law Review

No abstract provided.

The Virginia Land Trust-An Overlooked Title Holding Device For Investment, Business And Estate Planning Purposes, Peter A. Arntson

Washington and Lee Law Review

No abstract provided.

The Implied Warranty Of Habitability In Landlord-Tenant Relationships: The Necessity Of Application In Texas., Stephen Bond Paxson

St. Mary's Law Journal

Jurisdictions have reassessed the validity of the common law rule of caveat emptor as it relates to landlord-tenant transactions. Courts have imposed the implied warranty of habitability in the wake of the common law rule’s inapplicability to modern leasing situations. The implied warranty better reflects that the modern tenant seeks the use of a habitable dwelling for a temporary period of time. The inability to provide needed changes to the rule through limited exceptions and modifications provides the backdrop for Texas’ rejection of the common law doctrine of caveat emptor. Moreover, the courts have concerns over the harshness of the …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Lex Loci Delicti Is Proper Law When Parties Are Domiciled in Different Jurisdictions Unless Displacing That Law Advances Forum State's Substantive Law Purposes Without Impeding Interstate Relations or Predictability of Result

Plaintiff, an Ontario domiciliary, brought an action in New York for the wrongful death of her husband, also a domiciliary of Ontario,who was killed in a collision in that province' while a passenger in an automobile driven by defendant's intestate, a New York domiciliary. Defendant pleaded as an affirmative defense the Ontario guest statute, which restricts a guest's recovery to damages for injuries sustained only as a …

The Real Estate Investment Trust: State Tax, Tort, And Contract Liabilities Of The Trust, Trustee, And Shareholder, Michigan Law Review

Michigan Law Review

This Comment will attempt to alert potential investors in and trustees of REITs to the full extent of the liabilities that they could suffer for contract debts incurred in the name of the trust and torts committed by trust personnel. Since state tax considerations also play a significant role in investment decisions, the manner in which each state taxes the REIT and its shareholders on income derived from property and business in that state will also be investigated. Finally, a rational path out of the morass created by current state law will be articulated in order to prompt renewed discussion …

Treasury Regulations Section 1.165-3(B)(2): Lessor Deduction For Demolition Loss

William & Mary Law Review

No abstract provided.

Legislation—The New York Conservator Law, Sheldon Repp

Buffalo Law Review

No abstract provided.

Landlord And Tenant - Pennsylvania'a Distress And Distraint Law - Landlord's Distress Procedure Is Per Se Unconstitutional As Violative Of Due Process Of Law, Richard L. Reppert

Villanova Law Review (1956 - )

No abstract provided.

Intragovernmental Power Relations In The Expenditure Of Federal Funds Through Local Governmental Bodies: The Public Housing Authority Dilemma Under The Brooke Amendments, Robert B. Haldeman

Villanova Law Review (1956 - )

No abstract provided.

Landlord And Tenant - Retaliatory Eviction Based Upon Tenant Rent Withholding As A Result Of Housing Code Violations Is Unlawful And May Be Raised As A Defense In An Action By Landlord For Possession, James P. Cullen

Villanova Law Review (1956 - )

No abstract provided.

The Effect Of Condemnation Proceedings By Eminent Domain Upon A Possibility Of Reverter Or Power Of Termination, Robert A. Kargen

Villanova Law Review (1956 - )

No abstract provided.