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2003

Property Law and Real Estate

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Articles 31 - 60 of 108

Full-Text Articles in Law

When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick Jul 2003

When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick

Buffalo Law Review

No abstract provided.


A Right Of Passage: The Implications Of The Tenth Circuit's Ruling In First Unitarian V. Salt Lake City, Braden J. Montierth Jul 2003

A Right Of Passage: The Implications Of The Tenth Circuit's Ruling In First Unitarian V. Salt Lake City, Braden J. Montierth

Brigham Young University Journal of Public Law

No abstract provided.


Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas Jun 2003

Cooperative Research And Technology Enhancement (Create) Act Of 2003: Hearing On H. R. 2390 Before The H. Subcomm. On Courts, The Internet And Intellectual Property Of The H. Comm. On The Judiciary, 108th Cong., June 10, 2003 (Statement Of John R. Thomas, Prof. Of Law, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.


The Limits Of Property Reparations, Gregory S. Alexander May 2003

The Limits Of Property Reparations, Gregory S. Alexander

Cornell Law Faculty Publications

Human history is replete with examples of unjustified expropriations of property by conquering states and other transitory regimes. Only in modern times, however, have nations attempted systematically to remedy historical injustices by providing reparations to the dispossessed owners or their successors. From the aboriginal peoples of the Antipodes to the Native Americans of Canada and the U.S. to the European victims of the German and Soviet communism, groups of people who were stripped of their land and possessions by fraud or force are demanding, and in many cases getting, reparations for these injustices. The thesis of this paper is that …


Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt May 2003

Making Sense Out Of Insurance, Condemnation, And Settlement Clauses In Deeds Of Trust, Roger Bernhardt

Publications

This article discusses a California case that held that moneys received by trustors in settlement of their damage claims against a contractor need not be turned over to their lender pursuant to their deed of trust, but concludes that other court are not likely to agree with the holding that “owed” means “amounts currently due and payable” instead of principal balance, and that lenders will probably revise their forms to escape that reasoning..


Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown May 2003

Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown

Washington International Law Journal

In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …


Looking Beyond The Title Search: Attorneys Must Consider Environmental Regulations, Joel Stroud Apr 2003

Looking Beyond The Title Search: Attorneys Must Consider Environmental Regulations, Joel Stroud

North Carolina Central Law Review

No abstract provided.


A Two-Dimensional Framework Of Property Rights Regimes, Shi-Ling Hsu Apr 2003

A Two-Dimensional Framework Of Property Rights Regimes, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven G. Davison Apr 2003

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven G. Davison

William & Mary Environmental Law and Policy Review

No abstract provided.


Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger Mar 2003

Muddy Property: Generating And Protecting Information Privacy Norms In Bankruptcy, Edward J. Janger

Faculty Scholarship

No abstract provided.


Regulatory Takings: Correcting The Supreme Court's Wrong Turn In Tahoe Regional Planning Agency, Bryan J. Pack Mar 2003

Regulatory Takings: Correcting The Supreme Court's Wrong Turn In Tahoe Regional Planning Agency, Bryan J. Pack

Brigham Young University Journal of Public Law

No abstract provided.


Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander Mar 2003

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Working Papers

This article examines an apparent paradox in comparative constitutional law. Property rights are not treated as a fundamental right in American constitutional law; they are, however, under the Basic Law (i.e., constitution) of Germany, a social-welfare state that otherwise gives less weight to property. The article uses this apparent paradox as a vehicle for considering the different reasons why constitutions protect property. It explains the difference between the German and American constitutional treatment of property on the basis of the quite different approaches taken in the two systems to the purposes of constitutional protection of property.


The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt Mar 2003

The Disturbed Subtenant Roger Bernhardt, Roger Bernhardt

Publications

This article discusses the advantages of a nondistrubance and attornment provision in a lease. An NDA clause benefits the both the subtenant and landlord and may help a tenant attract subtenants. It gives security to subtenants that if the tenant declares bankruptcy the subleases will remain intact. The landlord benefits because it eliminates the need to find new tenants.


Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander Mar 2003

Property As A Fundamental Constitutional Right? The German Example, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.


Government Takings And Constitutional Guarantees: When Date Of Valuation Statutes Deny Just Compensation, Christopher A. Bauer Mar 2003

Government Takings And Constitutional Guarantees: When Date Of Valuation Statutes Deny Just Compensation, Christopher A. Bauer

BYU Law Review

No abstract provided.


Cultural Property And The Limitations Of Preservation, Sarah K. Harding Feb 2003

Cultural Property And The Limitations Of Preservation, Sarah K. Harding

All Faculty Scholarship

No abstract provided.


Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding Feb 2003

Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.


Manual De Derecho Procesal Civil, Edward Ivan Cueva Feb 2003

Manual De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


American Law Of Real Estate, J. David Reitzel, Robert B. Bennett, Michael J. Garrison Jan 2003

American Law Of Real Estate, J. David Reitzel, Robert B. Bennett, Michael J. Garrison

Scholarship and Professional Work - Business

American Law of Real Estate presents real estate law as a national body of law covering community property states as well as common law martial property rights. This book is ideal for those seeking a real estate license as well as for property managers, investors, developers, homeowners, and apartment dwellersuto anyone seeking to own or use land


The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett Jan 2003

The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.


Specific Relief For Ancient Deprivations Of Property, Shelby D. Green Jan 2003

Specific Relief For Ancient Deprivations Of Property, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

I consider in this paper the extent to which courts rationally and on a principled basis can deny to aboriginal claimants, despite the ancientness of their claims, the specific relief of being restored to possession of their aboriginal lands where the case for such specific relief is otherwise made. The paper begins with a brief discussion of the foundations of property in the Western conception, then goes on to discuss the Europeans' asserted title to indigenous lands and the various theories of aboriginal title that have emerged. It then explores the past and existing legal obstacles to the judicial resolution …


Broker Buying And Then Reselling: Roberts V Lomanto, 2003, Roger Bernhardt Jan 2003

Broker Buying And Then Reselling: Roberts V Lomanto, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a seller’s real estate agent breached her fiduciary duty when she contracted to purchase the property, assigned the contract to a third party buyer, and refused to disclose to the seller the amount of the assignment fee or third party buyer’s purchase price.


Dragnet Clauses: Fischer V First Int’L Bank, 2003, Roger Bernhardt Jan 2003

Dragnet Clauses: Fischer V First Int’L Bank, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a boilerplate “dragnet” clause in a deed of trust did not defeat the borrower’s claim that the bank’s other loans to the borrower were not cross-collateralized.


Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt Jan 2003

Foreclosure Purchaser Vs Late Redeeming Owner: Nguyen V Calhoun, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a purchaser at a foreclosure sale acquires good title to property, despite the defaulting borrower’s sale of the property on the same day, when the lender did not receive the payoff funds until after the foreclosure sale.


Frustrated High Bidders At Void Foreclosure Sales: Residential Capital V Cal-W. Reconveyance, 2003, Roger Bernhardt Jan 2003

Frustrated High Bidders At Void Foreclosure Sales: Residential Capital V Cal-W. Reconveyance, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that a high bidder at a foreclosure sale, who is later denied a trustee’s deed because of a defect discovered after its bid was accepted, has no claim to the “benefit of the bargain” damages.


Interference With Contract And The “Manager’S Privilege”: Huynh V Vu, 2003, Roger Bernhardt Jan 2003

Interference With Contract And The “Manager’S Privilege”: Huynh V Vu, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that, in an action by a broker against a seller’s husband, who managed the seller’s property, for tortious inference, the husband was entitled to assert the defense of “manager’s privilege.”


Landlord’S Construction Of Defective Tenant Improvements: Del Taco V University Real Estate, 2003, Roger Bernhardt Jan 2003

Landlord’S Construction Of Defective Tenant Improvements: Del Taco V University Real Estate, 2003, Roger Bernhardt

Publications

This article discusses a California case which held the transfer of property relieved a former lessor of liability to the lessee because the sale of the property terminated privity of estate.


Late Payment Penalties In Leases: Harbor Island Holdings V Kim, 2003, Roger Bernhardt Jan 2003

Late Payment Penalties In Leases: Harbor Island Holdings V Kim, 2003, Roger Bernhardt

Publications

This article discusses a California case which held a provision of a commercial lease doubling rent in the event of breach by the tenant was an unenforceable penalty.


Liquidated Damage Provisions In Sales Contracts: Timney V Lin, 2003, Roger Bernhardt Jan 2003

Liquidated Damage Provisions In Sales Contracts: Timney V Lin, 2003, Roger Bernhardt

Publications

This article discusses a California case which held a provision providing for forfeiture of buyer’s deposit was unenforceable even when included in a settlement agreement.


Love Your Husband – But Don’T Lend Him Money, Roger Bernhardt Jan 2003

Love Your Husband – But Don’T Lend Him Money, Roger Bernhardt

Publications

This article discusses a California case where the husband’s note to his wife was held invalid for undue influence, and questions what unfair advantage means, its consequences, and how it can be rebutted.