Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 23 of 23

Full-Text Articles in Law

Taxation, Craig D. Bell Nov 2009

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire Sep 2009

Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire

Pace Law Review

No abstract provided.


State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner Sep 2009

State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner

Pace Law Review

No abstract provided.


Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green Sep 2009

Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green

Pace Law Review

No abstract provided.


Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy Sep 2009

Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy

Pace Law Review

No abstract provided.


Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell Sep 2009

Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell

Pace Law Review

No abstract provided.


A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg Sep 2009

A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg

Pace Law Review

No abstract provided.


A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia Sep 2009

A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia

Pace Law Review

No abstract provided.


Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo Sep 2009

Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo

Pace Law Review

No abstract provided.


The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox Sep 2009

The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox

Pace Law Review

No abstract provided.


State Constitutional Limits On New Hampshire's Taxing Power: Historical Development And Modern State, Marcus Hurn Jun 2009

State Constitutional Limits On New Hampshire's Taxing Power: Historical Development And Modern State, Marcus Hurn

The University of New Hampshire Law Review

[Excerpt] "The New Hampshire Constitution is, in most of its fundamental parts, very old. It is long (nearly 200 articles) and wordy, even by the standards of the eighteenth century. It expresses essential principles in more than one place, in more than one way, and in language that to modern eyes is more suited to political philosophy than to positive law. Most of it was copied from the original Massachusetts Constitution, itself based on a draft by John Adams. However, there is no other state in the union with a structure of taxing powers and limits comparable to New Hampshire‘s."


Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley Mar 2009

Litigating Second Life Land Disputes: A Consumer Protection Approach. , Paul Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Perils Of Popularity: David Josiah Brewer And The Politics Of Judicial Reputation, J. Gordon Hylton Mar 2009

The Perils Of Popularity: David Josiah Brewer And The Politics Of Judicial Reputation, J. Gordon Hylton

Vanderbilt Law Review

David Brewer is hardly a household name in the contemporary legal academy. Most American professors of constitutional law would have a hard time placing his nearly twenty-one years of service on the U.S. Supreme Court, though most would be savvy enough to guess "Lochner era." He is probably the least well-known of all the Justices whose careers are examined in this Symposium. (Brewer's longtime colleague Rufus Peckham is probably his chief contender for this title.) For the record, Brewer sat on the Supreme Court from January of 1890 until his death in March of 1910.

In his own era, Brewer …


The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael Diamond Jan 2009

The Meaning And Nature Of Property: Homeownership And Shared Equity In The Context Of Poverty, Michael Diamond

Saint Louis University Public Law Review

No abstract provided.


Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh Jan 2009

Selling The Government Property Beneath A Religious Monument That Violates The Establishment Clause: Constitutional Remedy Or Infringement?, Jonathan R. Slabaugh

Saint Louis University Public Law Review

No abstract provided.


Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais Jan 2009

Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais

ILSA Journal of International & Comparative Law

The debate concerning the protection of, and access to, "traditional knowledge ' 2 has been going on for some time.


Real Estate Development In Cuba: Present And Future, Antonio R. Zamora Jan 2009

Real Estate Development In Cuba: Present And Future, Antonio R. Zamora

ILSA Journal of International & Comparative Law

During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.


Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora Jan 2009

Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora

ILSA Journal of International & Comparative Law

Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.


The Background Principles And Core Contents Of The Real Right Law Of The People's Republic Of China, Zhu Yan Jan 2009

The Background Principles And Core Contents Of The Real Right Law Of The People's Republic Of China, Zhu Yan

Maryland Series in Contemporary Asian Studies

No abstract provided.


Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb Jan 2009

Applying Old Theories To New Problems: How Adverse Possession Can Help Solve The Orphan Works Crisis, Megan L. Bibb

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on orphan works--works whose copyright owners cannot be found--and the problems they create for libraries and archives that wish to preserve and facilitate access to them. After describing the legal basis for the orphan works problem, the Note analyzes and critiques proposed legislative and scholarly solutions. After concluding that prior solutions fail to adequately address the needs of libraries and archives, the Note offers a solution based on the policy rationales underlying the traditional property concept of adverse possession, since the justifications that supported the advent of the adverse possession doctrine can also be applied to the …


“Finders Keepers, Losers Weepers”: The Law Of Finding “Lost” Property In Missouri, Joseph J. Simeone Jan 2009

“Finders Keepers, Losers Weepers”: The Law Of Finding “Lost” Property In Missouri, Joseph J. Simeone

Saint Louis University Law Journal

No abstract provided.


Modern Lights, Sara C. Bronin Jan 2009

Modern Lights, Sara C. Bronin

University of Colorado Law Review

This Article functions as a companion to a piece, Solar Rights, concurrently published in the Boston University Law Review.1 In that piece, the author analyzed the absence of a coherent legal framework for the treatment of solar rightsthe rights to access and harness the rays of the sun. The growing popularity of, and need for, solar collector technology and other solar uses calls for reform. Answering the call for reform in Solar Rights, this Article proposes a framework within which a solar rights regime might be developed. First, as a baseline, any regime must recognize the natural characteristics of sunlight. …


Appropriability And Property, Yonatan Even Jan 2009

Appropriability And Property, Yonatan Even

American University Law Review

This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. This appropriability problem, it is argued, is a defining concept …