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Articles 1 - 9 of 9
Full-Text Articles in Law
Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir
Tributes: The Honorable Irma S. Raker, Robert M. Bell, Glenn T. Harrell, Mary Ellen Barbera, Andrew L. Sonner, David A. Aaronson, Elizabeth I. Boals, Anthony C. Morella, Bruce A. Fredrickson, Barlow Burke, Linda D. Schwartz, Gerard M. Babendreir
Barlow F. Burke
No abstract provided.
Association Of American Law Schools Conference: Transcript Of The Sections On Natural Resources In Atlanta, Georgia, Barlow F. Burke
Association Of American Law Schools Conference: Transcript Of The Sections On Natural Resources In Atlanta, Georgia, Barlow F. Burke
Barlow F. Burke
At the end of August 2003, representatives of Alabama, Florida, and Georgia ceased negotiating over a water apportionment formula for an interstate compact governing the Apalachicola-Chattahoochee-Flint ("ACF') River Basin ("the Basin" or "the River Basin"). The negotiations began in 1998 after the states stepped back from ongoing litigation. They ended with the probability of future litigation, which might involve the doctrine of equitable apportionment in federal courts and could invoke the original jurisdiction of the United States Supreme Court. The negotiations were the meat of a litigation sandwich. A panel discussed the reasons for the negotiations' failure at the meeting …
Reclaiming The Law Of Suretyship, Barlow F. Burke
Reclaiming The Law Of Suretyship, Barlow F. Burke
Barlow F. Burke
Business firms, including miners and mining companies, seek to prevent
loss in various ways. When their assets are real property, a mortgage may
provide collateral or other security for their activities. As security for a debt, a mortgage is only an effective remedy when it enables the creditor, such as a bank or other lender, to declare a default, seize the title in a foreclosure action, and then use the property to satisfy the mortgage
debt. The Latin word for security was securitas, translated as sponsor. The idea
of a mortgage lien or a security is that the property itself …
Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole
Discovery Problems In Civil Cases, Barlow F. Burke, Joseph L. Ebersole
Barlow F. Burke
INTRODUCTION: This publication is a product of a study undertaken in furtherance of the Center's statutory mission to conduct and stimulate research and development on matters of judicial administration. The analyses, conclusions, and points of view are those of the authors. This work has been subjected to staff review within the Center, and publication signifies that it is regarded as responsible and valuable. It should be emphasized, however, that on matters of policy the Center speaks only through its Board.
The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow F. Burke
The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow F. Burke
Barlow F. Burke
Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …
The Change-Mistake Rule And Zoning In Maryland, Barlow F. Burke
The Change-Mistake Rule And Zoning In Maryland, Barlow F. Burke
Barlow F. Burke
INTRODUCTION: Zoning ordinances enacted under state enabling laws and home rule charters of municipalities are customarily entitled to a presumption that they were validly enacted, are within the powers delegated to the locality by the state, and are reasonable in effect. This presumption makes an exercise of the zoning power more easily defensible; one attacking the ordinance must show that it was passed incorrectly, or is beyond the scope of municipal authority, or is unreasonable, capricious or arbitrary in effect. Zoning officials have possessed this initial advantage in any litigation since the landmark decision of Village of Euclid v. Ambler …
Governmental Intervention In Conveyancing Reform, Barlow F. Burke
Governmental Intervention In Conveyancing Reform, Barlow F. Burke
Barlow F. Burke
The Faculty of the Washington College of Law, American University, and the Editorial Board of its Law Review, are indeed pleased to publish this series of articles on the improvement of land title records. Interest in this topic currently runs high, but at the same time outdistances an understanding of the issues involved. These issues are both legal and, in the broader sense, institutional. Education of both the public and the legal profession is necessary, and so the Editors have assembled this series of articles, contributed by lawyers, title insurance executives, and concerned experts, on the possibilities for future changes …
Creating A Community Process Of Land Development For Urban Growth, Barlow F. Burke
Creating A Community Process Of Land Development For Urban Growth, Barlow F. Burke
Barlow F. Burke
Three centuries before Christ, Aristotle postulated that an essential element of a stable democracy is the presence of a landholding middle class-a group of citizens having an intrinsic interest in the effective functioning of the state. He perceived that a home is more than just shelter; it provides the individual with an interest in the success of the commonwealth. This theory takes on special importance today as the press of urban living presents a serious challenge to the ability of our present system to provide adequate living conditions for our citizenry.
At present, our population is 205 million; it will …
The Threat To Citizen Participation In Model Cities, Barlow F. Burke
The Threat To Citizen Participation In Model Cities, Barlow F. Burke
Barlow F. Burke
Citizen participation has been advocated as an essential feature of urban antipoverty programs. Ideally, such participation can serve both individual and societal goals. It can provide self-realization and develop personal competence in participants. It can also promote substantively better decisions for government, integrate alienated groups into the governmental process, make government more visible, and gain consent and confidence for a program from the citizenry.
All too often, however, bureaucracy has retained a great deal of control over the participatory aspects of governmental programs. The resultant overregulation has stifled the potentially creative role that citizens might have played and destroyed program …