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Articles 1 - 30 of 108
Full-Text Articles in Law
The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné
The Dissolution Of The Matrimonial Property Regime And The Succession Rights Of The Surviving Spouse, Maria Álvarez Torné
Cornell Law Faculty Working Papers
These pages are addressed to examining the problems arising from the regulation of the dissolution of the matrimonial property regime on the death of one of the spouses in relation to the determination of the succession rights of the surviving spouse in Private International Law (from now on, PIL). I will specifically try to analyse the conciliation difficulties between what is stipulated in each relevant field after the death of one of the spouses. The surviving spouse’s situation often depends on the simultaneous effect of the matrimonial property regime and also of Succession Law. In fact, this study deals with …
Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher
Summary Of Horgan V. Felton, 123 Nev. Adv. Op. No. 53, Krystal Gallagher
Nevada Supreme Court Summaries
No abstract provided.
Creative Structures For The Disposition Of Real Estate (Slides)
Creative Structures For The Disposition Of Real Estate (Slides)
William & Mary Annual Tax Conference
No abstract provided.
Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein
Creative Structures For The Disposition Of Real Estate: Extracting Equity On A Tax-Free Basis, Blake D. Rubin, Andrea M. Whiteway, Jon G. Finkelstein
William & Mary Annual Tax Conference
No abstract provided.
Inequitable Noncontribution, Roger Bernhardt
Inequitable Noncontribution, Roger Bernhardt
Publications
This article discusses a California case rejecting a guarantor’s claim of equitable contribution from co-guarantors because they were not at the same level of liability, and also rejecting a subrogation claim because it could be used only against the primary debtor, not other secondary debtors.
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
Senior Housing Research Project: Findings And Conclusion (2007), John Marshall Law School Fair Housing Legal Support Center
UIC Law White Papers
No abstract provided.
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
The New Nuisance: An Antidote To Wetland Loss, Sprawl, And Global Warming, Christine A. Klein
UF Law Faculty Publications
Marking the fifteenth anniversary of Lucas v. South Carolina Coastal Council -- the modern U.S. Supreme Court's seminal regulatory takings decision -- this Article surveys Lucas's impact upon regulations that restrict wetland filling, sprawling development, and the emission of greenhouse gases. The Lucas Court set forth a new categorical rule of governmental liability for regulations that prohibit all economically beneficial use of land, but also established a new defense that draws upon the states' common law of nuisance and property. Unexpectedly, that defense has taken on a life of its own -- forming what this Article calls the new …
Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton
Summary Of Boulder Oaks Cmty. Ass’N V. B & J Andrews Enterprises, 123 Nev. Adv. Op. No. 46 , M. Charles Seaton
Nevada Supreme Court Summaries
No abstract provided.
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Attorneys Fees, Offsets And Priorities, Roger Bernhardt
Publications
This article discusses the unpredictability of determining whether the rules of offset or the rules of priorities will prevail in a situation, and goes into the question of whether attorneys’ fees will be given priority over other claims when those fees are contractual and do not relate back. The article concerns a California decision which held that a lis pendens did not give purchasers superpriority over competing liens.
Landlords And Torts, Roger Bernhardt
Landlords And Torts, Roger Bernhardt
Publications
This article reviews conflicting appellate court decisions where landlords were sued in tort under state statutes that all imposed the same general duty to take care of the property but failed to address what happens when personal injuries follow.
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Human Genetics Studies: The Case For Group Rights, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Children Of Men: Balancing The Inheritance Rights Of Marital And Non-Marital Children, Browne C. Lewis
Children Of Men: Balancing The Inheritance Rights Of Marital And Non-Marital Children, Browne C. Lewis
Law Faculty Articles and Essays
Average U.S. citizens are routinely having children out of wedlock. In America, at least one out of every three babies born is a non-marital child. As more and more children continue to be born out of wedlock, society must enact laws to protect the interests of those children. They are the children of men and they are entitled to financial support both during the lives and after the deaths of their parents.
Part II of this article briefly discusses the historical treatment of non-marital children. Part Ill explores the modem legal treatment of non-marital children, which consists of three distinct …
Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess
Summary Of Westpark Owners’ Ass’N V. Dist. Ct., 123 Nev. Adv. Op. No. 37, Barbra E. Zess
Nevada Supreme Court Summaries
Homeowners’ Association’s (Association) petition for a writ of mandamus or prohibition against partial summary judgment, granted by Eighth Judicial District Court, in a declaratory relief action brought by the project developer and contractor (Westpark).j
Demythologizing Property And The Illusion Of Rules: A Response To Two Friendly Critics, Gregory S. Alexander
Demythologizing Property And The Illusion Of Rules: A Response To Two Friendly Critics, Gregory S. Alexander
Cornell Law Faculty Publications
Academic life can be a depressing experience. Despite the enormous amount of time many academics spend producing written scholarship, most of us have little expectation that more than a tiny handful of people will read our published work, if indeed it is read at all. And probably even fewer of us have any expectation whatsoever that the results of our often wrenching labor will be publicly aired. It is a rare occasion when an academic’s scholarship is the subject of public recognition. But oh, how we crave any sort of public commentary, favorable or critical! So, I am extremely grateful …
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Property As Constitutional Myth: Utilities And Dangers, Laura S. Underkuffler
Cornell Law Faculty Publications
No abstract provided.
Property, Rules, And Property Rules, Emily Sherwin
Property, Rules, And Property Rules, Emily Sherwin
Cornell Law Faculty Working Papers
This essay examines two aspects of “property rules” in the sense defined by Judge Guido Calabresi and Douglas Melamed. In each case, the form in which property rules are cast is critically important.
The first question addressed is the capacity of property rules to affect behavior prior to and outside litigation. Most economic analysis of property rules and liability rules assumes that the choice between them will guide decisionmaking at the time of a contemplated rights violation, and possibly prior to that time. To have this effect, property rules (and liability rules) must be established by determinate legal rules that …
Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt
Reflections On The Last Bar Exam; New Forms Worth Noting (2007), Roger Bernhardt
Publications
The Bar Examiners got rather lazy in their Property question on the last bar exam. Instead of asking a reasonably complex or difficult essay question, they took four little multiple choice hypotheticals and packaged them into one large but utterly unintegrated question, with no connection of any kind between the parts.
Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa
Slides: Forest And Rangeland Planning, Nepa Analysis And Decisions, Glenn Casamassa
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Glenn Casamassa, Forest Supervisor, Arapahoe-Roosevelt National Forest
17 slides
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Joe Feller, College of Law, Arizona State University
22 slides
Slides: Forests And Grasslands, Federico Cheever
Slides: Forests And Grasslands, Federico Cheever
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Professor Federico Cheever, University of Denver Sturm College of Law
30 slides
Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches
Currents In Water Resources Law And Policy: How Is “Prior” Coping With New Stresses? [Outline], A. Dan Tarlock, David H. Getches
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
3 pages.
Includes bibliographical references
"A. Dan Tarlock, Distinguished Professor of Law and Director, Program in Environmental and Energy Law, Chicago-Kent College of Law"
"David H. Getches, Dean and Raphael J. Moses Professor of Natural Resources Law, University of Colorado Law School"
A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education
A Decade Of Colorado Supreme Court Water Decisions, 1996-2006: Special Report, Colorado Foundation For Water Education
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Justice Greg Hobbs, Colorado Supreme Court
31 pages.
Includes color illustrations and map
"Acknowledgments: This special report highlights important features of Colorado Supreme Court water decisions handed down between 1996 and 2006. It contains excerpts from opinions authored by Justices Lohr, Vollack, Mullarkey, Kourlis, Hobbs, Martinez, Bender, Rice, Coats and Eid. It is adapted from an article that first appeared in The Water Report (www.thewaterreport.com), February 15, 2007, used with permission."
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
Slides: The Roadless Rules And The Roles Of States And Communities, Sharon Friedman
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Sharon Friedman, Director of Planning, USDA Forest Service, Rocky Mountain Region
13 slides
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
Slides: Dam Building And Removal On The Elwha: A Prototype Of Adaptive Mismanagement And A Tribal Opportunity, William H. Rodgers, Jr.
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: William H. Rodgers, Jr., Stimson Bullitt Professor of Environmental Law, University of Washington School of Law
77 slides
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
Slides: The Future Of Oil And Gas Development On Federal Lands, Mike Chiropolos
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mike Chiropolos, Lands Program Director, Western Resource Advocates
44 slides
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
Slides: Reclamation: Managing Water In The West: Elwha River Restoration Project, Tim Randle
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Tim Randle, Manager, Sedimentation and River Hydraulic Group, U.S. Bureau of Reclamation
58 slides
Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch
Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe
10 pages.
Slides: A Case Study Of The Roan Plateau Area, Mary Viviano
Slides: A Case Study Of The Roan Plateau Area, Mary Viviano
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mary Viviano, EnCana Oil & Gas (USA) Inc.
14 slides
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
Saving Special Places: Trends And Challenges With Protecting Public Lands [Outline], Robert B. Keiter
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
7 pages.
Includes bibliographical references
"Robert B. Keiter, Wallace Stegner Professor of Law, University of Utah, S.J. Quinney College of Law"