Law Commons^™

Closing The Book On The School Trust Lands, C. Maison Heidelberg

Vanderbilt Law Review

Public education in the United States faces a crisis. Financially strapped state and local governments find funding more and more difficult to supply; as a result, the quality of public education suffers. Predictably citizens are concerned, yet they resist paying increased taxes to meet the rising costs.

School trust lands provide one potential source of extra revenue. Though their existence is not well known, these lands are tremendous assets held by most states other than the original thirteen. In general, they have produced significant amounts of revenue for public education, yet historically state management of the lands has been marred …

Privatization In Germany: A Model For Legal And Functional Analysis, Martin E. Elling

Vanderbilt Journal of Transnational Law

In this Article, Mr. Elling discusses the efforts to restructure and privatize the eastern German economy. The Article focuses on the work of the Trust Agency, or Treuhandanstalt, the agency primary responsible for privatizing property expropriated by the Nazis, the Soviet occupation forces, and the German Democratic Republic. These three regimes expropriated property under varying circumstances, and the Trust Agency now faces the task of determining the appropriate level of compensation or restitution for each property claimant. While the Trust Agency is concerned with awarding just compensation to the rightful property owners, the author notes that Germany designed the privatization …

The Selling Real Estate Broker And The Purchaser: Assessing The Relationship, Brett L. Hopper

BYU Law Review

No abstract provided.

Real Property, Robert L. Foreman Jr., T. Daniel Brannan, Stephen M. Lamastra

Mercer Law Review

Perhaps because of the recession's adverse effect on real estate activity in Georgia, there have been fewer real property cases decided during the survey period than in recent years. However, there were several significant legislative enactments during the year. From decisions affecting the priority of lienholders to increased environmental legislation to several significant cases defining the obligations on a lender in a foreclosure sale, there have been a number of important developments in the past year of which real estate practitioners must be aware.

Department Of Real Estate, M. Wakefield

California Regulatory Law Reporter

No abstract provided.

All Appropriate Inquiry & Cercla's Innocent Purchaser Defense: The Need For A Legislative Standard, R. Patrick Quinn

Hofstra Property Law Journal

No abstract provided.

Witter V. Taggart And Ammirati V. Wire Forms, Inc.: The Potential Ramifications Of New York's Newly Restrictive Definition Of "Chain Of Title" And Newly Expansive Definition Of "Easement By Necessity", Kenneth L. Gartner

Hofstra Property Law Journal

No abstract provided.

Literary Creation And American Copyright Law: Authors' Wishes Hardly Resting In Peace, Donald Francis Madeo

Hofstra Property Law Journal

No abstract provided.

He Who Hesitates Is Lost: Congressional Inaction And Commercial Banking, Charles G. Roberts

Hofstra Property Law Journal

No abstract provided.

Front Matter

Hofstra Property Law Journal

No abstract provided.

Introduction: Regulatory Takings After Lucas V. South Carolina Coastal Council, John M. Armentano

Hofstra Property Law Journal

No abstract provided.

The Politics Of Legal Doctrine: A Case Study Of Texas Land-Use Planning Under The Shadow Of Lucas, David S. Caudill, Wm. Terry Bray, Jack E. Owen Jr.

Hofstra Property Law Journal

No abstract provided.

The Illegal Residential Assessment Roll In Nassau County, New York, Adolph Koeppel

Hofstra Property Law Journal

No abstract provided.

To Clear Or Not To Clear: Licensing Digital Samples, Sharon Colchamiro

Hofstra Property Law Journal

No abstract provided.

Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman

Michigan Law Review

The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …

Department Of Real Estate, T. Rellos

California Regulatory Law Reporter

No abstract provided.

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Michigan Law Review

To provide some insight into the nature of these disagreements, and to suggest a possible solution to the compensation issue, this article undertakes a critical reexamination of the takings jurisprudence. It focuses on the two bases which the modem Court has articulated as support for its resolution of the compensation issue: (1) the articulated purpose of using the just compensation requirement "to bar Government from forcing some people alone to bear public burdens"; and (2) the early case law. Beginning with the Court's first struggles with the compensation issue in the late nineteenth and early twentieth century, this article traces …

International Space Law: Into The Twenty-First Century, Glenn H. Reynolds

Vanderbilt Journal of Transnational Law

In this Article, Professor Reynolds addresses the space law issues likely to be of most importance in the next several decades. Pressing issues include those of orbital debris and geostationary orbit crowding, private property rights in outer space resources, conflict over international trade in space goods and services, the danger of ballistic-missile technology proliferation, private remote-sensing systems, and the law of international cooperation in space. Professor Reynolds concludes with a philosophical and practical discussion of some more remote issues, including the legal systems that may govern future human societies in outer space and the legal issues that might be associated …

The Moral Position Of Landowners Within The Scope Of Cercla, David N. Mortensen

Brigham Young University Journal of Public Law

No abstract provided.

Impact Of Cercla On Real Estate Transactions: What Every Owner, Operator, Buyer, Lender, . . . Should Know, Jeffrey M. Moss

Brigham Young University Journal of Public Law

No abstract provided.

Property And Liberty Reconsidered, Herman Belz

Vanderbilt Law Review

This perceptive, lucid, and sympathetic account of property rights in American constitutional law by Professor James W. Ely, Jr., is further evidence of the conservative challenge to liberal orthodoxy that has emerged in recent years in American historiography. That the book appears under the cosponsorship of the Organization of American Historians, one of the more militantly liberal scholarly associations in the United States, is a small but significant sign of the changing intellectual climate.

As conceived of in contemporary liberal historiography, protection of individual property rights is but one element of economic liberty. Equally if not more important, according to …

Zero-Sum Madison, Thomas W. Merrill

Michigan Law Review

A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

The Commercial Real Estate Landlord's Rights To Receive Post-Petition Rental Payments Under Section 365(D)(3) Of The Bankruptcy Code, C. Alan Gauldin

University of Arkansas at Little Rock Law Review

No abstract provided.

Creative Conservation 101: An Introduction To Local Land Trusts, Bradley C. Howard

William & Mary Environmental Law and Policy Review

No abstract provided.

Front Matter

Hofstra Property Law Journal

No abstract provided.

Caveat Emptor - Where Have You Gone?, Albert G. Besser

Hofstra Property Law Journal

No abstract provided.

Is There Hope? - An Analysis Of How Premature Tenant Homeownership Policies Threaten The Housing Rights Of Low Income Persons And Families On Waiting Lists For Section 8 Housing, Robert Bodzin

Hofstra Property Law Journal

No abstract provided.

Chapter 20'S: Creative Lawyering Or Manipulation Of The Bankruptcy Code, Lori A. Barrett

Hofstra Property Law Journal

No abstract provided.

End Matter

Hofstra Property Law Journal

No abstract provided.