Law Commons^™

Water Issues Facing Acequia Associations, Dennis Chavez

Water Organizations in a Changing West (Summer Conference, June 14-16)

4 pages.

The Relevance Of Water “Ownership” To Water Markets And Other Issues, Barton H. Thompson, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

31 pages.

Contains references.

Ownership Of Water Rights In Irrigation Water Delivery Organizations: An Outline Of The Major Issues, Jeffrey C. Fereday

Water Organizations in a Changing West (Summer Conference, June 14-16)

33 pages.

Contains footnotes.

Federal Jury Instructions And The Consequences Of A Successful Insanity Defense, Joseph P. Liu

Joseph P. Liu

The Legal Framework For Private Sector Activity In The Czech Republic, Cheryl W. Gray

Vanderbilt Journal of Transnational Law

In this Article, Dr. Gray discusses the evolving legal framework in the Czech Republic as the government there moves from a socialist to a private market economy. The author traces the major legal developments, including the Republic's establishment of significant private property rights and of a modern commercial code. The author finds that the Republic has made significant strides in developing a private market economy and in facilitating foreign investment. Dr. Gray concludes, however, that the new laws face significant challenges, including a weak and immature judicial system and problems with addressing business failures.

Formalizing Interspousal Transfers Of Real And Personal Property In California, Kim M. Seavey

San Diego Law Review

In 1984, California had the simplest laws regarding interspousal transmutations of real and personal property of all community property states. Claiming that one's spouse had always referred to his or her separate property as "ours" could be enough for a court to find that a transmutation from separate to community property had occurred. In 1985, California enacted section 5110.730 of the Civil Code to help rid courts of litigation spawned by easy transmutation laws. By 1990, California's transmutation statute was considered the toughest of all community property states that allow interspousal transmutations. This Comment examines pre-1985 transmutation case law and …

Losing Sticks From The Bundle: Incompatibility Of Tenancy By The Entireties And Drug Forgeiture Laws, Barbara W. Sharp

Brigham Young University Journal of Public Law

No abstract provided.

The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek

Washington Law Review

In Lucas v. South Carolina Coastal Council, the United States Supreme Court established a two-part takings analysis. The first step is an "economically viable use" threshold question, subject to a nuisance exception. The second step is a balancing test in which courts weigh the public and private interests involved. Although this two-part analysis differs in structure from most lower court takings analyses, most courts already apply a functionally equivalent test. Therefore, unless the Court alters the unit of land to which it applies, this new analysis will have little effect on the outcome of takings challenges to land use regulations.

Dispelling The Myths: Florida's Non-Ad Valorem Special Assessments Law, Henry Kenza Van Assenderp, Andrew Ignatius Solis

Florida State University Law Review

No abstract provided.

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …

Front Matter

Hofstra Property Law Journal

No abstract provided.

End Matter

Hofstra Property Law Journal

No abstract provided.

Residential Real Estate Transactions: The Aids Influence, Florise R. Neville-Ewell

Hofstra Property Law Journal

No abstract provided.

Your Money And Your Life! Aids And Real Estate Disclosure Statutes, Michael Adam Burger, Lourdes I. Reyes Rosa

Hofstra Property Law Journal

No abstract provided.

Caveat Misrepresenter: The Real Estate Agent's Liability To The Purchaser, Clarance E. Hagglund, Britton D. Weimer, Ronald S. Berman, Hubert R. Weiss

Hofstra Property Law Journal

No abstract provided.

The New York City Civil Forfeiture Law: Is It Going Too Far?, Julie A. Lefkowits

Hofstra Property Law Journal

No abstract provided.

Ec Regulation Of The Banking Sector, Wendy Fowler

Hofstra Property Law Journal

No abstract provided.

Taxing Gains At Death, Lawrence Zelenak

Vanderbilt Law Review

No abstract provided.

A Brief Comment On Hiv And Aids, Louis W. Sullivan

Hofstra Property Law Journal

No abstract provided.

The Law Of Idea Misappropriation In New York: An Argument For Change, Kim Radbell

Hofstra Property Law Journal

No abstract provided.

Restraints On Alienation Of Human Capital, Stewart E. Sterk

Articles

No abstract provided.

Department Of Real Estate, M. Wakefield

California Regulatory Law Reporter

No abstract provided.

The Article 9 Study Committee Report: Strong Signals And Hard Choices, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.

When A Hotel Is Your Home, Is There Protection? - Baker V. Rushing, Amy M. Campbell

Campbell Law Review

First, this Note will provide a brief history of landlord-tenant law, tracing the common law through the development of pro-tenant reforms. Then, this Note examines the distinction between a tenant and a guest and the legal consequences of that distinction. This Note also discusses the rationale behind the Baker decision and its legal implication. This Note concludes with suggestions of the broader ramifications of Baker.

Federal Recent Developments

American Indian Law Review

No abstract provided.

Pensions And Passivity, Gregory S. Alexander

Cornell Law Faculty Publications

This article discusses how modem fiduciary law has extended equity's tradition of constructing ownership as passive through the corporate pension system. It examines how the corporate pension system as a mode of owning pooled capital is a new stage of passive ownership. This stage creates a different aspect of the familiar problem of separating control from beneficial ownership. Berle and Means argued that the problem that the separation of control from ownership created was economic. The interests of managers and shareholders in the modern corporation diverge, and, they argued, this divergence diminishes the overall efficiency of the modern economy, dominated …

Reclaiming The Public Domain By Repeal Of The Mining Law Of 1872, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This paper offers an analysis of the new allocation of burdens and benefits in the use of public lands as contemplated by the proposed legislation. In Part III, I discuss the acquisition of property rights under the General Mining Law of 1872. In Part IV, the theory of property in general is explained along with the types and nature of property interests inhering in, and arising from, a mining claim. I explain the recent efforts in Congress to reform the mining law in Part V and the concept of a taking of property in general in Part VI. I discuss …

Mortgage Prepayment Clauses: An Economic And Legal Analysis, Dale A. Whitman

Faculty Publications

Most mortgages on income-producing real estate (as distinct from owner-occupied housing) contain clauses restricting early payment of the loan. These clauses are highly controversial, and borrowers often resist their enforcement. While other writers have discussed prepayment clauses in the recent legal literature, my objectives in this article are to advance this discussion in three respects: first, to provide an economic perspective on mortgage prepayment as support for a set of legal recommendations; second, to consider whether the bankruptcy of the mortgagor should affect enforceability of a prepayment fee clause; and third, to analyze the cumulative effect of the presence in …

Reverse Mortgages: A Financial Planning Device For The Elderly, 1 Elder L.J. 75 (1993), Celeste M. Hammond

UIC Law Open Access Faculty Scholarship

An analysis of the merits of reverse mortgages from individual and public policy perspectives is the subject of Professor Hammond's article. She argues that the elderly's typical "house rich, but cash poor" problem warrants approval of a method which allows the elderly to tap their home equity for income purposes while allowing them to remain in their homes. Professor Hammond analyzes other means for tapping equity and finds each lacking in its ability to accomplish the stated goal. She also describes the three types of reverse mortgages currently available. Finally, Professor Hammond sets forth a list of legal issues that …

Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

This article reviews the historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements, providing most of our modern law of land use and environmental protection. Until Lucas, the Takings Clause had not been treated as a charter establishing the courts as boards of revision to rethink and selectively veto legislative determinations in the land use field. Within the scope of “total takings,” however, Lucas has converted the Takings Clause from its original meaning and made it exactly that.