Law Commons^™

Purchaser's Depreciation Rights In Property Subject To A Lease, Michigan Law Review

Michigan Law Review

This Note argues that the purchase of property subject to a lease may produce several types of depreciable interests. Part I of the Note examines the requirements for depreciability and the role that depreciation plays in tax law. It concludes that even where the method set out by Congress also accommodates other goals, depreciation primarily provides a way to recover costs during a depreciable asset's income-producing life. Part II applies these principles to the task of determining whether improvements - for example, buildings on the property subject to the lease - are depreciable in the purchaser's hands. It concludes that …

Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler

Northern Illinois University Law Review

A preliminary examination of the extent to which the fourth amendment protects the privacy of interpersonal relationships and of information or property that one person has shared with another, focusing particularly on the need for subjecting the informant system to additional judicial control.

Property, M. M. Weinberg Iii

South Carolina Law Review

No abstract provided.

Property In The Welfare State, Michael Macneil

Dalhousie Law Journal

A primary goal of the welfare state is to promote individual dignity by guaranteeing a decent standard of living for all. The individual's ability to achieve a sense of self-worth turns on the opportunity to participate in, and contribute to, society in a meaningful fashion. Achievement of such goals is seriously undermined for those who do not have their basic needs guaranteed; shelter, food, health, and education are vital interests of the individual which, if not available in sufficient quantity or quality, hamper or make impossible the opportunity to achieve self-dignity and respect. The instruments for guaranteeing the substratum of …

Constitutional Law - Federal Law Enters The Field Of Real Property Law - Fidelity Federal Savings And Loan Association V. De La Cuesta, Stephen H. Leech Jr.

Mississippi College Law Review

No abstract provided.

Civil Forfeiture And Innocent Third Parties, Dennis R. Hewitt

Northern Illinois University Law Review

An examination of the rights of innocent parties whose property is subject to civil forfeiture when used in the commission of an illegal act. The history of forfeiture, the constitutional implications, and various remedies are discussed.

Property—Court Of Equity Has The Power To Order A Sale For Reinvestment Even Though No Member Of The Class Having A Contingent Future Interest Is Yet In Existence, William A. Waddell Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Working With The New Civil Code Property Scheme: The 1982 Book Iii Revision, Martin E. Golden

Louisiana Law Review

No abstract provided.

Lawyering In First-Year Property, Joseph P. Tomain

Faculty Articles and Other Publications

This essay discusses the use of a role-playing exercise in a large (70-100 students), first-year Property II course. The central focus of the course is land use. The author uses a Board of Adjustment hypothetical, with students in the roles of lawyer, client, expert, and member of the Board of Adjustment. I first used the problem to encourage fact analysis. Even second-semester first-year students too easily ignore facts and focus on the "rules of law" seemingly to the exclusion of all else. After using this method, however, it became apparent that many more learning opportunities present themselves. In addition to …

Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson

Faculty Publications

We first describe the several major types of mortgagor transfer restrictions, and the judicial and legislative responses to these restrictions before the Act. Second, we analyze the effect and coverage of the important provisions of the Act and its attendant regulation. The complex exceptions to the application of the Act known as “window periods” are then considered. These window periods were created by Congress in an attempt to soften the impact of the Act on states that previously restricted due-on-sale enforcement, and are based on preexisting state law. We examine the difficult standards for identifying such window periods and suggest …

Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power

Maryland Law Review

No abstract provided.

The History Of A Maryland Title: A Conveyancer's Romance Renewed Uriel H. Crocker, David H. Fishman

Maryland Law Review

No abstract provided.

Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon

Publications

No abstract provided.

Florida's Property Appraisers, David M. Hudson

Nova Law Review

The property appraiser today plays a central role in the imposition

of ad valorem taxes by Florida's local governmental units.

Equitable Division And The Law Of Finders, R. H. Helmholz

Fordham Law Review

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

EMPLOYEE WHO SPENDS "SOME PORTION OF WORK TIME IN MARITIME ACTIVITIES" IS AN "EMPLOYEE" COVERED BY THE LONGSHOREMEN'S AND WORKERS' COMPENSATION ACT-Schwabenland v.Sanger Boats, 683 F.2d 309 (9th Cir. 1982)

UNITED STATES CARRIAGE OF GOODS BY SEA ACT EXEMPTS DEFENDANT FROM LIABILITY FOR SHIP DAMAGE INCURRED WHILE DISCHARGING CARGO--Seven Seas Transportation Ltd. v. Pacifico Union Marina Corp. [1982] 2 Lloyd's L.R. 465

IMMIGRATION AND NATURALIZATION SERVICE DISTRICT DIRECTOR IS ENTITLED TO BROAD DISCRETION IN WEIGHING CRITERIA FOR PAROLE DETERMINATION OF UNADMITTED ALIENS--Bertrand v. Sava,684 F.2d 204 (2d Cir. 1982)

THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT DOES NOT APPLY TO …

A Comparison Of Compensation For Nationalization Of Alien Property With Standards Of Compensation Under United States Domestic Law, Haliburton Fales

Northwestern Journal of International Law & Business

This Article will attempt to show that, despite much scholarly disparagement of the traditional "prompt, adequate and effective" standard of compensation for expropriation, when put to the test of deciding actual cases through arbitration, international law produces results not dissimilar from what might be expected under the standard. The Article compares the law of damages in international arbitration with United States domestic law and points out their similarities.

Examining Cooperative Conversion: An Analysis Of Recent New York Legislation, Robert M. Nelson

Fordham Urban Law Journal

New York City contains ninety-five percent of the cooperative housing units in the United States. While there are historical and social factors for this statistic, a specific factor is the New York State Legislature's support of conversion of residential real estate from rental to cooperative ownership. Specifically, the "Goodman-Grannis" bill provides a method whereby developers may convert residential rental housing in New York City to cooperative housing without obtaining an agreement to purchase a cooperative apartment from any of the existing tenants. Under this method, tenants who do not desire to purchase their apartments as cooperatives may remain in the …

New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy

Fordham Urban Law Journal

Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being …