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2002

Property Law and Real Estate

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Articles 1 - 30 of 74

Full-Text Articles in Law

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene Nov 2002

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.


The Law Of Last Resort, Barry E. Adler Nov 2002

The Law Of Last Resort, Barry E. Adler

Vanderbilt Law Review

A financially distressed individual or corporation employs the bankruptcy process only as a last resort. The study of bankruptcy law, however, need not, and should not, be an afterthought. The traditional bodies of law that compose private ordering are the laws of property, contract, and tort. Property law establishes private entitlements that can be specifically enforced against the world. Contract law permits individuals to exchange obligations and thus invest one another with entitlements. Tort law creates its own set of entitlements and imposes liability for unwanted interference with those or other entitlements. These bodies of law are often presented as …


Copyright And Time: A Proposal, Joseph Liu Oct 2002

Copyright And Time: A Proposal, Joseph Liu

Joseph P. Liu

This Article argues that courts should adjust the scope of copyright protection by considering time as a factor in fair use analysis. More specifically, the longer it has been since a copyrighted work was published, the greater the scope of fair use should be. Up to now, most of the debate over the role of time in copyright law has focused on the controversial issue of copyright duration and term extension. By focusing so narrowly on the end of the copyright term, however, this debate has neglected the more significant issue of how time should affect the scope of copyright …


Land Tenure Security As A Market Stimulator In China, Joyce Palomar Oct 2002

Land Tenure Security As A Market Stimulator In China, Joyce Palomar

Joyce Palomar

No abstract provided.


Alternative Ranch Experiments: Better Than The Blm, Edith Sanders Oct 2002

Alternative Ranch Experiments: Better Than The Blm, Edith Sanders

William & Mary Environmental Law and Policy Review

No abstract provided.


A Westerner Looks At Eastern Water Law: Reconsideration Of Prior Appropriation In The East, George A. Gould Oct 2002

A Westerner Looks At Eastern Water Law: Reconsideration Of Prior Appropriation In The East, George A. Gould

University of Arkansas at Little Rock Law Review

No abstract provided.


Interstate Water Allocation: A Contemporary Primer For Eastern States, Robert Haskell Abrams Oct 2002

Interstate Water Allocation: A Contemporary Primer For Eastern States, Robert Haskell Abrams

University of Arkansas at Little Rock Law Review

No abstract provided.


Of Cows, Canoes, And Commerce: How The Concept Of Navigability Provides An Answer If You Know Which Question To Ask, J. W. Looney, Steven G. Zraick Oct 2002

Of Cows, Canoes, And Commerce: How The Concept Of Navigability Provides An Answer If You Know Which Question To Ask, J. W. Looney, Steven G. Zraick

University of Arkansas at Little Rock Law Review

No abstract provided.


Silence Is Golden: The Case For Mandatory Disclosure Of Coastal Hazards And Land-Use Restrictions By Residential Sellers In North Carolina, David P. Hendricks Oct 2002

Silence Is Golden: The Case For Mandatory Disclosure Of Coastal Hazards And Land-Use Restrictions By Residential Sellers In North Carolina, David P. Hendricks

North Carolina Central Law Review

No abstract provided.


Arkansas Water Rights: Review And Considerations For Reform, G. Alan Perkins Oct 2002

Arkansas Water Rights: Review And Considerations For Reform, G. Alan Perkins

University of Arkansas at Little Rock Law Review

No abstract provided.


Why Craft Isn't Scary, Steve R. Johnson Oct 2002

Why Craft Isn't Scary, Steve R. Johnson

Scholarly Publications

In April 2002, the Supreme Court of the United States decided United States v. Craft. The Court held that the federal tax lien attaches to a tax-debtor spouse’s interest in property held in tenancy by the entirety even when the other spouse does not owe tax and state law provides that entireties property and interests cannot be reached by separate creditors of only one spouse.

Craft was correctly decided. The older, contrary view that Craft displaced was fundamentally at odds with federal tax collection analysis as laid out by the Court. In addition, the old view invited tax abuse and …


Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades Oct 2002

Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades

Faculty Publications

No abstract provided.


The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith Oct 2002

The Critical Resource Theory Of Fiduciary Duty, D. Gordon Smith

Vanderbilt Law Review

This Article proposes a new theory to unify the law of fiduciary duty. The prevailing view holds that fiduciary law is atomistic, arising for varied reasons in established categories of cases (such as trustee-beneficiary and director-shareholder) and ad hoc in relation- ships where one person trusts another and becomes vulnerable to harm as a result. By contrast, the critical resource theory of fiduciary duty holds that every relationship properly designated as "fiduciary" conforms to the following pattern: One party (the "fiduciary') acts on behalf of another party (the "beneficiary') while exercising discretion with respect to a critical resource belonging to …


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Oct 2002

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.


An Introduction To Water Rights In The Twenty-First Century: The Challenges Move East, Kenneth S. Gould Oct 2002

An Introduction To Water Rights In The Twenty-First Century: The Challenges Move East, Kenneth S. Gould

University of Arkansas at Little Rock Law Review

No abstract provided.


The Law Of Water Allocation In The Southeastern States At The Opening Of The Twenty-First Century, Joseph W. Dellapenna Oct 2002

The Law Of Water Allocation In The Southeastern States At The Opening Of The Twenty-First Century, Joseph W. Dellapenna

University of Arkansas at Little Rock Law Review

No abstract provided.


Pliability Rules, Abraham Bell, Gideon Parchomovsky Oct 2002

Pliability Rules, Abraham Bell, Gideon Parchomovsky

Michigan Law Review

In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …


The Long And Winding Road Of Economic Loss Doctrine In Calloway V. City Of Reno, Gary Ashman Sep 2002

The Long And Winding Road Of Economic Loss Doctrine In Calloway V. City Of Reno, Gary Ashman

Nevada Law Journal

No abstract provided.


The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown Jul 2002

The Phenomenon Of Substitution And The Statute Quia Emptores, Ronald B. Brown

Faculty Scholarship

No abstract provided.


U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin Jul 2002

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Scholarly Works

No abstract provided.


Property Law, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Property Law, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova Jun 2002

Evolution Of Land Reform In Russia: The 2001 Land Code And Its Impact On The Commercial Real Estate Market And Direct Foreign Investment, Dana Tumenova

Washington International Law Journal

Russia unambiguously established private land ownership when it adopted the 2001 Land Code, which, although limited to urban and commercial land, clarifies the concept of land ownership in general and allows foreign ownership of those lands. The Land Code permits security interests in commercial and industrial land, which should further stimulate Russia's commercial real estate market, an important component of a functioning market economy. Perhaps the greatest strength of the new Land Code is its provision for foreign ownership, which allows foreign investors to conduct business according to the Western standards without being forced to engage in bribery or other …


Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf Jun 2002

Euclid Lives: The Survival Of Progressive Jurisprudence, Charles M. Haara, Michael Allan Wolf

UF Law Faculty Publications

The Supreme Court's expanded use of regulatory takings is making a highly controversial and confusing concept more difficult to apply and defend. The Court and commentators are invited to explore a different approach-- Progressive jurisprudence, as represented by the Court's enduring opinion in Village of Euclid v. Ambler Realty Co . This Commentary examines the reinvigoration of the Takings Clause and, in historical and ideological terms, discusses the Progressiveness of Euclid and of the regulatory scheme the Euclid Court approved. Professors Haar and Wolf identify and explore five inquiries concerning the character of regulations affecting the use, ownership, and value …


Sino-American Forum On Chinese Property Law (Speaker And Chair Of Panel), Joyce Palomar May 2002

Sino-American Forum On Chinese Property Law (Speaker And Chair Of Panel), Joyce Palomar

Joyce Palomar

No abstract provided.


Difficulties In Achieving Coherent State And Local Fiscal Policy At The Intersection Of Direct Democracy And Republicanism: The Property Tax As A Case In Point, Mildred Wigfall Robinson May 2002

Difficulties In Achieving Coherent State And Local Fiscal Policy At The Intersection Of Direct Democracy And Republicanism: The Property Tax As A Case In Point, Mildred Wigfall Robinson

University of Michigan Journal of Law Reform

Professor Robinson explores the uneasiness present when acts of "direct democracy" through means of voter referenda and ballot initiatives conflict with the ideals of representative government, using fiscal matters, such as the property tax, as an example.

Part I explores the changes that have taken place in the last two decades in voter strategy and in patterns of judicial interpretation, briefly reviewing the history of the property tax focusing on taxpayer reaction to long overdue attempts at administrative reform, and showing how that effort indirectly contributed to the "taxpayer revolt. "It further examines how and why broad-scale attempts to utilize …


Summit Financial Holdings Redux, Roger Bernhardt May 2002

Summit Financial Holdings Redux, Roger Bernhardt

Publications

This article analyzes the California case Summit Financial Holdings v. Continental Lawyers where the borrower continues to make payments to the lender after it has assigned the note to a third person.


The Yield Spread Premium Controversy, Roger Bernhardt May 2002

The Yield Spread Premium Controversy, Roger Bernhardt

Publications

This article discusses yield spread premiums and the split among the courts as to their validity under RESPA.


Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt Apr 2002

Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt

Publications

This article analyzes community property and separate property distributions on dissolution of marriage in California.


"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling Apr 2002

"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling

William & Mary Environmental Law and Policy Review

No abstract provided.


International Availability Of Title Assurance & Credit Enhancement (Presenter), Joyce Palomar Mar 2002

International Availability Of Title Assurance & Credit Enhancement (Presenter), Joyce Palomar

Joyce Palomar

No abstract provided.