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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
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
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
Testimony Before Congress
No abstract provided.
The Limits Of Property Reparations, Gregory S. Alexander
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
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
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
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
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
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
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
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
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
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
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
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
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
Defining Traditional Knowledge -- Lessons From Cultural Property, Sarah K. Harding
All Faculty Scholarship
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
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
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
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
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
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
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
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
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
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
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
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
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
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.