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Articles 1 - 13 of 13
Full-Text Articles in Law
Stale Real Estate Convenants, Robert C. Ellickson
Stale Real Estate Convenants, Robert C. Ellickson
William & Mary Law Review
Since the 1970s, covenants running with the land have tethered a large majority of the new housing units produced in the United States. These private restraints usually continue for generations, until a majority or supermajority of covenant beneficiaries affirmatively vote to amend or terminate them. Covenants interact with public land use controls, particularly zoning ordinances. Zoning politics tends to freeze land uses in urban America, particularly in existing neighborhoods of single-family homes. This Article investigates to what extent covenants exacerbate the zoning freeze. It provides a history of the use of private covenants and suggests how drafters, judges, and legislators …
Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares
Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares
Legacy Theses & Dissertations (2009 - 2024)
This thesis examines the role Ridgway v. Cockburn played in exposing the “Negro race” as a subjective experience rather than a definitive label. Blacks in the 20th century were seen as undesirable. The NAACP fought for blacks’s rights to property and justice in the courts. Racially restrictive covenants became a popular method used by whites to keep blacks out of their neighborhoods. Arthur Garfield Hays, a white lawyer, defended the Cockburns as they moved into Edgemont Hills, a white elite neighborhood.
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Matthew J. Barrett
No abstract provided.
Using The Resource-Based Theory To Determine Covenant Not To Compete Legitimacy, Norman D. Bishara, David Orozco Professor
Using The Resource-Based Theory To Determine Covenant Not To Compete Legitimacy, Norman D. Bishara, David Orozco Professor
Indiana Law Journal
This Article addresses the legitimacy of competing interests involved in the enforcement of covenants not to compete (“noncompetes”). To date, the courts and legislatures have not relied on a principled theoretical framework to identify and assess the competing interests between firms and individuals in this setting. This Article fills the research void by providing a theoretical framework that identifies the legitimacy of these competing claims. The framework integrates managerial research involving the resource-based theory of the firm and the knowledge-based perspective of competitive advantage with the legal analysis and enforcement of noncompete terms. A descriptive framework of the parties’ competing …
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Private Transfer Fees: Developer Exploitation Or Legitimate Financing Vehicle, Burke T. Ward, Jamie P. Hopkins
Villanova Law Review
A private transfer fee (PTF) is typically created when a developer or homeowner decides to attach a covenant to the title of the home. This covenant, the PTF covenant, attaches the PTF to the real property. These covenants require payment of a fee—typically stated as one percent of the property's sale price—upon each resale or transfer of the property and often survive for a period of ninety-nine years. The recipients or owners of the PTF (PTF beneficiaries) can be almost anyone, including property developers, PTF developers, home owner associations (HOA), private investors, state governments, and non-profit charities. Usually, the PTF …
The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall
The Continuing Role Of Implied Covenants In Developing Leased Lands, Keith B. Hall
Journal Articles
No abstract provided.
Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin
Is Pepsico The Choice Of The Next Generation: The Inevitable Disclosure Doctrine And Its Place In New York Jurisprudence, James J. Mulcahy, Joy M. Tassin
Hofstra Labor & Employment Law Journal
No abstract provided.
Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin
Contracting Mediation: The Impact Of Different Statutory Regimes, Ellen J. Dannin
Hofstra Labor & Employment Law Journal
The United States is commited to increasing institutionalized use of alternative dispute resolution (ADR), most often based on the claim that it is superior to and different from traditional litigation. Mediation in particular is supposed in the popular view to be user-friendly, nonadversarial, and conducive to optimal, wholistic resolutions. Litigation, in contrast, is supposed to be slow, costly to all, impersonal, formal, legalistic, and incapable of giving complete or satisfactory resolutions. This implicitly assumes that ADR and litigation are discrete processes, each with uniform and intrinsic natures. This, in turn suggests an assumption that they retain these qualities under all …
The Sports Chamber: Exculpatory Agreements Under Pressure, Mario R. Arango, William R. Trueba Jr.
The Sports Chamber: Exculpatory Agreements Under Pressure, Mario R. Arango, William R. Trueba Jr.
University of Miami Entertainment & Sports Law Review
No abstract provided.
Merger Agreements Under Delaware Law - When Can Directors Change Their Minds?, A. Gilchrist Sparks Iii
Merger Agreements Under Delaware Law - When Can Directors Change Their Minds?, A. Gilchrist Sparks Iii
University of Miami Law Review
No abstract provided.
Summary Of Acquisition Agreements, Lou R. Kling, Eilen Nugent Simon, Michael Goldman
Summary Of Acquisition Agreements, Lou R. Kling, Eilen Nugent Simon, Michael Goldman
University of Miami Law Review
No abstract provided.
The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton
The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton
Indiana Law Journal
No abstract provided.
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Contort: Tortious Breach Of The Implied Covenant Of Good Faith And Fair Dealing In Noninsurance Commercial Contracts--Its Existence And Desirability, Matthew J. Barrett
Notre Dame Law Review
No abstract provided.