Law Commons^™

The Pennsylvania Project - A Practical Analysis Of The Pennsylvania Rent Withholding Act, David F. Girard-Dicarlo, James S. Green, Alan J. Hoffman, William F. Holsten

Villanova Law Review (1956 - )

No abstract provided.

The Abolition Of Dower: An Occasion For Re-Examining The Surviving Spouse's Rights In Illinois, Ann Ellen Acker

Loyola University Chicago Law Journal

No abstract provided.

Housing Codes And The Prevention Of Urban Blight - Administrative And Enforcement Problems And Proposals, Stephen J. Polaha

Villanova Law Review (1956 - )

No abstract provided.

The Interrelationship Between Exclusionary Zoning And Exclusionary Subdivision Control, Robert E. Hirshon

University of Michigan Journal of Law Reform

This article will examine both exclusionary zoning and subdivision control with a view toward analyzing the assumptions common to both types of laws. The operative differences between exclusionary zoning and subdivision control may be non-existent. If this is truly the case, the judicial response to each practice should be the same.

Housing Market Operations And The Pennsylvania Rent Withholding Act - An Economic Analysis, Joseph R. Buckley, Gary N. Conley

Villanova Law Review (1956 - )

No abstract provided.

Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman

Villanova Law Review (1956 - )

No abstract provided.

Damages For Loss Of Trees, Evelyn Stebbins, Charles G. Sabo

Cleveland State Law Review

The purpose of damages is to compensate an individual for an injury or wrong, where the loss or diminution is proximately caused by the negligent or wrongful act or omission of another. The purpose of a measure of damages is to ascertain what compensation to award the injured person. The courts have held that the general measure for damage to real property is the difference between the market value of the property before the injury and its value after the injury. Although there is no fixed, arbitrable, or absolute rule regarding damages for the loss of trees to realty, the …

"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee

Faculty Publications

No abstract provided.

The Chain And Unity Of Title Theories For Delineating Riparian Land: Economic Analysis As An Alternative To Case Precedent, Donald R. Levi, Kenneth C. Schneeberger

Buffalo Law Review

No abstract provided.

Property—Sale Of Stock And Proprietary Lease In Cooperative Apartment Held As Sale Of Personalty, Stanley W. Valkosky Jr.

Buffalo Law Review

Silverman v. Alcoa Plaza Associates, 37 App. Div. 2d 166, 323 N.Y.S.2d 39 (1st Dep't 1971).

The Question Of Compensation: A Third World Perspective, Norman Girvan

Vanderbilt Journal of Transnational Law

The question of compensation for expropriated property takes us, in many respects, to the heart of the relationship between the developed capitalist countries and the Third World. On no other subject is the gulf between the two--in interests, perspectives and position--potentially so great, nor so pregnant with passionate and violent conflict. The rules of international law, the principles of international economics and the science of international politics can help clarify the issues involved and provide arguments for the claims of contending parties. But they cannot yield solutions which are "neutral" or are free of value judgments and philosophical assumptions which …

Compensation Of The Georgia Real Estate Broker, Candler S. Rogers

Scholarly Works

Real estate brokers serve an important function in the commercial world by bringing buyers and sellers together. The broker's compensation for this service is usually predetermined by an agreement known as a "listing" between the broker and his client. In this Article, Professor Rogers examines various types of these listings in light of their practical significance under Georgia law.

Search And Seizure- The Inventory Search Of An Automobile

University of Richmond Law Review

The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …

Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder

University of Richmond Law Review

Protection against latent defects exists for the purchaser of a forty-nine cent ball point pen under an implied warranty of merchantability, but no such protection prevails for the vendee of a $50,000 home in the absence of fraud, misrepresentation, or an express warranty of condition and habitability. Such is the anomaly created by the doctrine of caveat emptor, still ruthlessly applied in a majority of American jurisdictions. In two cases recently adjudicated, Elderkin v. Gaster and Smith v. Old Warson Development Co., the courts abandoned caveat emptor in the sales of new homes by builder-vendors where latent defects are at …

Warranties-Implied Warranties Of Fitness And Merchantability Held Applicable To The Sale Of Electricity As A Service

University of Richmond Law Review

The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied …

Inchoate Dower--An Idea Whose Time Is Past, Joseph H. Vahlsing, William E. Hudson

Kentucky Law Journal

No abstract provided.

Broad-Form Deed--Obstacle To Peaceful Co-Existence Between Mineral And Surface Owners, Michael V. Withrow

Kentucky Law Journal

No abstract provided.

Residential Property, Robert C. Livsey

William & Mary Annual Tax Conference

No abstract provided.

Constitutional And Statutory Provisions Concerning Voter Qualifications As Consistently Construed By Texas Decisions, Do Not Violate But Strengthen The Equal Protection Clause Of The Fourteenth Amendment., Allen Cazier

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law--West Virginia's Distress For Rent Law--A Landlord's Remedy Vs. A Tenant's Protections, William Charles Garrett

West Virginia Law Review

No abstract provided.

The Demise Of Property Law, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Legal And Policy Conflicts Between Deed Covenants And Subsequently Enacted Zoning Ordinances, Wade B. Perry, Jr.

Vanderbilt Law Review

With increasing frequency, the real estate lawyer is confronted with the need to determine the effect of a newly enacted zoning ordinance upon the enforceability of prior restrictive covenants affecting property in the zoned area. If the enforceability of the covenant is cut off by the ordinance, the further question arises whether the city must compensate the landowner for interfering with his property rights. Existing rules provide largely unsatisfactory answers and conclusions reached do not always reflect the balancing of public against private interests fundamental to all zoning. Moreover, new types of zoning regulations have been found to generate conflicts …

Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu

Vanderbilt Law Review

Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …

Negative Leaseholds: The Property-Contract Distinction And A Failure Of Just Compensation, John J. Ark

Buffalo Law Review

No abstract provided.

The Innkeeper's Lien In The Twentieth Century, Alvin D. Treado

William & Mary Law Review

No abstract provided.

Eminent Domain--De Facto Taking, James M. Henderson Ii

West Virginia Law Review

No abstract provided.

Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones

Scholarly Works

For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …

Municipal Annexation In Georgia: Nay-Sayers Beward (Plantation Pipe Line Co. V. City Of Bremen), R. Perry Sentell Jr.

Scholarly Works

In the Fall 1967 issue of the Georgia Law Review, there appeared a somewhat ambitious effort to survey the law of municipal annexation in Georgia. That rather stuffy treatment at least served to demonstrate the existence of a history on the subject dating from the beginning of time in this State. It also purported to make one or two daring thrusts at formulating principles then apparently settled and at identifying legal points around which further evolution might be anticipated.

Some apparently believed that these thrusts were more negative than daring and that they reflected an approach which was basically …

Extending Standing To Nonresidents--A Response To The Exclusionary Effects Of Zoning Fragmentation, Kent H. Mcmahan

Vanderbilt Law Review

This Note is premised on the belief that courts must recognize the standing of adversely affected nonresidents to contest local zoning ordinances in order to insure appropriate consideration of the issues raised by exclusionary zoning practices in the nation's suburbs. To support this premise, the Note surveys the current fragmented status of zoning, the problems attributable to this fragmentation, and then on judicial attempts to resolve the problems. In addition, the Note analyzes the judicial approach to zoning fragmentation, with special scrutiny given to the law of standing as an obstacle to efficacious judicial review. Against this background, the Note …

The Texas Limited Partnership As A Vehicle For Real Estate Investment., Robert Leon Sonfield Jr.

St. Mary's Law Journal

The present trend of real estate investment is taking the form of utilizing the capital contribution of several persons rather than the former practice of an individual making such investments for his own account. These syndications, associations of several investors who combine their resources to acquire real estate property, allow for small investors to participate in real estate investment when they would not be able to otherwise. Syndications have available various legal forms, and it is essential that the syndication be structured in such a manner that it may achieved its desired goals. The ideal legal form for a syndication …