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Articles 1 - 30 of 43
Full-Text Articles in Law
Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard
Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard
Mercer Law Review
This article surveys case law and legislative developments in the Georgia law of real property from June 1, 1995 to May 31, 1996. The authors do not endeavor to chronicle every case decided in the survey period but, instead, focus on cases and other developments of general significance. This article discusses several significant cases decided during the survey period and the single meaningful alteration in Georgia statutes relating to real property.
Curtailing The Economic Distortions Of The Mortgage Interest Deduction, William T. Mathias
Curtailing The Economic Distortions Of The Mortgage Interest Deduction, William T. Mathias
University of Michigan Journal of Law Reform
Many Americans consider the mortgage interest deduction a necessary fixture of the American tax system. In this Article, Mathias examines the economic underpinnings of the deduction and finds that it cannot be justified on purely economic grounds. He then evaluates the major policy arguments for the mortgage interest deduction and concludes that it is inefficient, inequitable, and too costly in its present form to be justified on policy grounds. Finally, the author advocates for the elimination or substantial reduction in the size and scope of the mortgage interest deduction.
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Real Property In Bankruptcy: Some Special Considerations, G. Stanley Joslin
Washington and Lee Law Review
No abstract provided.
Adverse Possession Against The States: The Hornbooks Have It Wrong, Paula R. Latovick
Adverse Possession Against The States: The Hornbooks Have It Wrong, Paula R. Latovick
University of Michigan Journal of Law Reform
The hornbook rule is that adverse possession statutes do not run against land owned by state governments. Yet, in practice, the land of many states is subject to loss by adverse possession. Few states have statutes that simply and explicitly protect all state land from adverse possession. This Article describes the variety of ways in which states protect or fail to protect their land from adverse possession. It concludes with the recommendation that, given increasing development pressures and limited state enforcement budgets, state legislatures should protect completely all state land from adverse possession.
Where Do We Go From Here: The Federal Coal Leasing Amendments Act--Past, Present, And Future, Sam Kalen
Where Do We Go From Here: The Federal Coal Leasing Amendments Act--Past, Present, And Future, Sam Kalen
West Virginia Law Review
No abstract provided.
A Royalty Pain In The Gas: What Costs May Be Properly Deducted From A Gas Royalty Interest, Robert S. Raynes Jr.
A Royalty Pain In The Gas: What Costs May Be Properly Deducted From A Gas Royalty Interest, Robert S. Raynes Jr.
West Virginia Law Review
No abstract provided.
Why Is This Man A Moderate?, Richard A. Epstein
Why Is This Man A Moderate?, Richard A. Epstein
Michigan Law Review
A Review of William A. Fischel, Regulatory Takings: Law, Economics, and Politics
Stories About Property, William W. Fisher Iii
Stories About Property, William W. Fisher Iii
Michigan Law Review
A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership
Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman
Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman
Washington Law Review
In November 1995, Washington voters rejected Initiative 164, a revolutionary property rights law that would have required governmental entities to compensate landowners for any loss in property value due to regulations on land use, unless those regulations were designed to prevent a public nuisance. Despite the initiative's defeat at the polls, a strong property rights movement is likely to prompt legislators to consider implementing a percentage-loss formula for determining when regulators owe compensation to property owners. This Comment discusses the inherent police power of the state to regulate property use in the public interest and argues that percentage-loss laws would …
The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham
The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham
Osgoode Hall Law Journal
Tracing is conceptualized as the "following" of an object through an exchange transaction and into the product of that exchange. Why is this so and what are the consequences? This article argues that the presentation of tracing in the metaphysical language of transmutation allows the doctrine to be depicted as consistent with axiomatic notions of property that understand it as pre-political and that preclude judicial readjustment of proprietary rights. However, the metaphysical conceptualization of tracing gives the remedy a conceptual structure that has resulted in the doctrine developing dysfunctionally when compared with the normative justifications that motivated its initial development. …
Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day
Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day
Washington International Law Journal
Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
William & Mary Environmental Law and Policy Review
No abstract provided.
The Right To Stay, Patrick M. Mcfadden
The Right To Stay, Patrick M. Mcfadden
Vanderbilt Journal of Transnational Law
People often fight for their homes. Once established, homes are vital centers of life, and their threatened loss generates predictable resistance. This Article shows how the human desire not to be moved is protected by the law. Such protection can be found in both U.S. domestic and international law, although the two systems of law vary widely in their approach. Since World War II, international scholars and lawmakers have been deeply concerned with promoting the legal rights of people to leave and return to their own countries. This Article emphasizes a different, but equally important right: the right of people, …
Railroads Across Tribal Lands, Carye Cole Chapman
Railroads Across Tribal Lands, Carye Cole Chapman
American Indian Law Review
No abstract provided.
Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner
Husband And Wife Are One - Him: Bennis V. Michigan As The Resurrection Of Coverture, Amy D. Ronner
Michigan Journal of Gender & Law
Although the legal fictions of coverture and guilty property have been repudiated by statutes and the Court respectively, the Supreme Court implicitly resurrected and fused the coverture and guilty property myths in Bennis v. Michigan. In that decision, the Court approved the forfeiture of Ms. Bennis' interest in a car in which her husband engaged in sexual activity with a prostitute. This Article explores that resurrected conglomerate in three parts. Part I is a concise review of the feudal doctrine of coverture and the disabilities it imposed on married women. Part II focuses almost entirely on the decision in …
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
University of Richmond Law Review
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.
Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger
Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger
Maryland Law Review
No abstract provided.
Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke
Argument For The Allocation Of Resources To The Development Of A Well-Defined System Of Real Property Law In The Czech Republic, Donovan W. Burke
Vanderbilt Journal of Transnational Law
This Note analyzes the enormous burden that the Czech Republic faces in its transition from a command to a market economy. Part of the burden is the privatization of real property. Toward privatization, the government of the Czech Republic has thus far focused its resources on allocating real property to private parties through the process of restitution. Technically, title to real property in the Czech Republic has always been held by private parties, but such ownership was meaningless because the state had virtually limitless power to use the property. The author recognizes that unless the Czech government develops substantive real …
Landlord Liability In West Virginia For Criminal Acts On The Premises, Jennifer S. Fahey
Landlord Liability In West Virginia For Criminal Acts On The Premises, Jennifer S. Fahey
West Virginia Law Review
No abstract provided.
Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey
Land Title Issues For Countries In Transition: The American Experience, 29 J. Marshall L. Rev. 799 (1996), Hugh A. Brodkey
UIC Law Review
No abstract provided.
Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff
Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff
UIC Law Review
No abstract provided.
A Congressional Call To Arms: The Time Has Come For Congress To Enforce The Fifth Amendment's Takings Clause, Mark W. Smith
A Congressional Call To Arms: The Time Has Come For Congress To Enforce The Fifth Amendment's Takings Clause, Mark W. Smith
Oklahoma Law Review
No abstract provided.
Notes: When A Contract For The Purchase Of Land Is Executed Prior To The Initiation Of A Suit Involving The Propertys Title, Lis Pendens May Be Precluded From Affecting The Purchaser's Interest Under The Doctrine Of Equitable Conversion. Deshields V. Broadwater, 338 Md. 422, 659 A.2d 300 (1995), Christopher J. Marchand
University of Baltimore Law Review
No abstract provided.
The Fair Housing Act, Leon D. Lazer
Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf
Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf
University of Richmond Law Review
To the psalmist the age of seventy marks the end of one's days on earth, the last days so dimly lit in the poet's eyes. The calendar reminds us that 1996 marks the seventieth birthday of one of the most influential and enduring judicial decisions upholding the rights of communities to determine their demographic, economic, and societal future- Village of Euclid v. Ambler Realty Co. Case reporters, code compilations, and proposed legislation, along with treatises and law review articles warn us that the broad deference to regulators symbolized by the Euclid text is under attack. The eighth decade of constitutionally …
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
University of Richmond Law Review
This essay explores the place that the concept of property rights occupies in our constitutional system. The word "property" has been used in a number of ways in the history of our Republic.
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
University of Richmond Law Review
Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Ecra To Isra: Is It More Than Just A Name Change, Diana R. D'Alonzo, M. Kay Hennessy, Alysa B. Wakin
Ecra To Isra: Is It More Than Just A Name Change, Diana R. D'Alonzo, M. Kay Hennessy, Alysa B. Wakin
Villanova Environmental Law Journal
No abstract provided.
The New Federal Foreclosure Laws, Patrick A. Randolph Jr.
The New Federal Foreclosure Laws, Patrick A. Randolph Jr.
Oklahoma Law Review
No abstract provided.