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Articles 6601 - 6630 of 8420
Full-Text Articles in Law
Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.
Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.
Washington Law Review
Improvements and innovations designed to meet modern-day requirements of mass public transportation have spawned a number of legal problems, many of which the courts have attempted to resolve under an expanding concept of eminent domain. This ancient power, by which a sovereign may appropriate private property to public use, has not been a static doctrine. Rather it has served as an umbrella under which a multitude of varied and intricate theories, rules, and limitations have been developed by the judiciary to keep up with the increasing complexities of governmental functions and responsibilities. In Washington it may well be that modern …
Recent Developments In Eminent Domain In Arkansas, Robert R. Wright
Recent Developments In Eminent Domain In Arkansas, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
Revocable Gifts Of Legal Interests In Land, John L. Garvey
Revocable Gifts Of Legal Interests In Land, John L. Garvey
Kentucky Law Journal
No abstract provided.
Land Data Banks, F. Reed Dickerson
The Maryland Law Of Fixtures, Shale D. Stiller
The Maryland Law Of Fixtures, Shale D. Stiller
Maryland Law Review
No abstract provided.
Eminent Domain - Economic Motivations In Determining "Necessity" For A Taking - United States V. Certain Parcels Of Land In Ingham County, Michigan
Maryland Law Review
No abstract provided.
The "Attractive Nuisance Doctrine" In Virginia, William T. Muse
The "Attractive Nuisance Doctrine" In Virginia, William T. Muse
University of Richmond Law Review
Children deem it their prerogative to roam wherever they please. In particular, they have a tendency to wander on other people's land and meddle with anything they find there. In doing so they frequently get hurt. The problem of the liability of occupiers of land for such injuries has taken up much of the time of American courts in the last one hundred years and has resulted in many published decisions. The trial courts in Virginia have devoted much thought and time to this problem, and since 1887 twelve cases have been heard and decided by the Supreme Court of …
Income Tax Aspects Of Gifts And Leasebacks Of Business Property In Trust, William W. Oliver
Income Tax Aspects Of Gifts And Leasebacks Of Business Property In Trust, William W. Oliver
Articles by Maurer Faculty
Rental deductions for a grantor who transfers property used in his business into a short term trust and then leases it back have been at issue in three recent cases, with the deduction being denied in two of the three cases. Some of the concepts used by the courts in these cases are of doubtful help in analyzing the problems, and there is a need for further clarification before tax consequences can be predicted with a reasonable degree of assurance. There is a possibility that the income will be taxed to the trust, even though a deduction is denied the …
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Vanderbilt Law Review
Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …
Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.
Property--Cancellation Of Note At Payee's Death Not Testamentary Gift, Ralph Judy Bean Jr.
West Virginia Law Review
No abstract provided.
Property--Restraint On Alienation, Charles Edward Barnett
Property--Restraint On Alienation, Charles Edward Barnett
West Virginia Law Review
No abstract provided.
Torts--Statutes And Ordinance Obligation As Evidence Of Landlord's Duty To Trespass, John Payne Scherer
Torts--Statutes And Ordinance Obligation As Evidence Of Landlord's Duty To Trespass, John Payne Scherer
West Virginia Law Review
No abstract provided.
Property--Material Changes In Deed By Parties After Delivery, Robert Willis Walker
Property--Material Changes In Deed By Parties After Delivery, Robert Willis Walker
West Virginia Law Review
No abstract provided.
A Tale Of Two Cases, William H. Agnor
A Tale Of Two Cases, William H. Agnor
Vanderbilt Law Review
Professor Agnor here traces the development of what he suggests is a bad rule of law which originated in a poor decision of a jurisdiction highly respected for its decisions on the law of future interests. The author's demonstration of how the case has been blindly followed by both bench and bar underscores his message that members of the legal profession must not rely on encyclopedic statements of the law without an examination into the policies and problems involved.
Raising The Perpetuities Question: Conception, Adoption, "Wait And See," And Cy Pres, Robert J. Lynn
Raising The Perpetuities Question: Conception, Adoption, "Wait And See," And Cy Pres, Robert J. Lynn
Vanderbilt Law Review
Applying the orthodox, the "wait and see," or the cy pres version of the Rule Against Perpetuities presupposes analyzing the limitations in the dispositive instrument as of the time of their creation to determine whether any gifts are future, whether any future gifts are remainders or executory interests, and whether any remainders or executory interests are contingent. If a contingent future interest might vest, if it vests at all, at a remote time, it is bad ab initio under the orthodox form of the Rule. That being so, the perpetuities question may properly be raised at the time the contingent …
Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers
Removal Of Future Interest Encumbrances--Sale Of The Fee Simple Estate, Candler S. Rogers
Vanderbilt Law Review
The removal of future interest encumbrances on realty may in proper cases relieve hardship of private parties and be of benefit to the community by rendering the land marketable and productive. The author here examines the scope of equity jurisdiction in these cases and the applicable statutes. The author concludes with proposals to improve the statutory treatment of the problem and suggests that equity already has the power to provide the relief contained in his statutory proposals.
Introductory Essay On The Literature Of Future Interests, Roy M. Mersky
Introductory Essay On The Literature Of Future Interests, Roy M. Mersky
Vanderbilt Law Review
The general practice of law involves, among other things, the drafting of wills and trust agreements and the litigation of cases arising out of such instruments as drawn by other lawyers. Successful practice in this field is predicated upon adequate training in the law of future interests. This difficult and technical branch of law contains rules and procedures which are understandable only in the light of their historical background
The Indiana Marketable Title Act Of 1963: A Survey
The Indiana Marketable Title Act Of 1963: A Survey
Indiana Law Journal
No abstract provided.
Observations On Condominiums In Indiana: The Horizontal Property Act Of 1963
Observations On Condominiums In Indiana: The Horizontal Property Act Of 1963
Indiana Law Journal
No abstract provided.
The Art Of Interpretation In Future Interest Cases, Daniel M. Schuyler
The Art Of Interpretation In Future Interest Cases, Daniel M. Schuyler
Vanderbilt Law Review
Man's quest for an absolute, for a definition of "good," for the meaning of "justice," carries us back to the beginnings of philosophy. And although these concepts are as elusive as the Questing Beast pursued by King Pellinore in T. H. White's delightful book, The Once and Future King, the history of mankind indicates that the curiosity of thoughtful persons is insatiable and that the search will not end. It continues daily before our eyes-in mathematics, astronomy, medicine, psychology, sociology, economics, philosophy, and other disciplines not the least of which is law. Even Holmes, the supposed skeptic, who rejected absolutes' …
Perpetuities: Cy Pres On The March, W. Barton Leach
Perpetuities: Cy Pres On The March, W. Barton Leach
Vanderbilt Law Review
The standard doctrine has been that where an interest may vest too remotely the entire interest is stricken down; and this destructiveness is multiplied by the all-or-nothing rule of Leake v. Robinson which declares that the invalidity of a gift to any member of a class invalidates the gifts of all other members. It is the thesis of this paper that the penalty for violation of the Rule--a penalty inflicted, not on the violator, but on his or her intended beneficiaries, usually minors or unborns--should be, not the invalidation of the future interest, but rather a tailoring of the interest …
From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht
From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht
Faculty Scholarship
On June 17, 1960, twelve Negro college students entered a restaurant in Baltimore, Maryland. The manager approached and informed them of the restaurant's policy not to serve Negroes. Disregarding the manager, the young men sat down at tables and waited for service. The manager again asked them to leave, but they remained quietly seated. A police officer was summoned and, in his presence, the manager requested the Negroes to leave. They refused to answer and remained in their places. Thereupon they were arrested and indicted under a Maryland statute which, as interpreted by the Maryland Court of Appeals, made it …
Whither Communist-Led Society? An Approach Through Property Law, John N. Hazard
Whither Communist-Led Society? An Approach Through Property Law, John N. Hazard
Indiana Law Journal
No abstract provided.
Legislative Revision Of Property Crimes In Indiana
Legislative Revision Of Property Crimes In Indiana
Indiana Law Journal
No abstract provided.
Quiet Title Actions In Indiana: Suggested Reform
Quiet Title Actions In Indiana: Suggested Reform
Indiana Law Journal
No abstract provided.
Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.
Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.
Vanderbilt Law Review
Obviously, the biggest event in the Tennessee law of commercial transactions this year was the enactment of the Uniform Commercial Code [hereinafter referred to as the U.C.C.]. That statute became effective in this state on July 1, 1964. Its effect on the prior Tennessee law is discussed in great detail elsewhere in this issue,' and need not be re-examined here. It should also be pointed out that the enactment of the U.C.C.required some modifications in the criminal statutes relating to security agreements. In particular, executing a second security agreement covering personalty, without disclosing a prior security agreement covering the same …
Case Comments -- Federal Estate Tax -- Losses Arising From Sale Of Property To A Corporation By An Estate Not Disallowed By Section 267, Law Review Staff
Case Comments -- Federal Estate Tax -- Losses Arising From Sale Of Property To A Corporation By An Estate Not Disallowed By Section 267, Law Review Staff
Vanderbilt Law Review
Decedent died testate in 1955, leaving 2,500 shares of stock of the Leader Building Company in her gross estate. Her three sisters were the legatees in equal shares of the estate, and they were also beneficiaries of separate trusts which owned the remaining 7,500 shares of the company.' In order to raise enough funds to pay the Federal Estate Tax, the estate, petitioner herein, had to sell some of the stock. Accordingly, the corporation redeemed about half of the shares held by the estate, which thereby sustained a net capital loss. Petitioner sought a deduction of this loss, in order …
Eminent Domain--Right To Compensation Of Covenants Of Condemned Land, Ward Day Stone Jr.
Eminent Domain--Right To Compensation Of Covenants Of Condemned Land, Ward Day Stone Jr.
West Virginia Law Review
No abstract provided.
Equity--Clean Hands, Fred Adkins
Changes In West Virginia Real Property Tax Law, Londo H. Brown
Changes In West Virginia Real Property Tax Law, Londo H. Brown
West Virginia Law Review
No abstract provided.