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Full-Text Articles in Law

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives Oct 2022

Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.


Leases As Forms, David A. Hoffman, Anton Strezhnev Jan 2022

Leases As Forms, David A. Hoffman, Anton Strezhnev

All Faculty Scholarship

We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently available online …


The Rental Crisis Will Not Be Televised: The Case For Protecting Tenants Under Consumer Protection Regimes, Eric Sirota Apr 2021

The Rental Crisis Will Not Be Televised: The Case For Protecting Tenants Under Consumer Protection Regimes, Eric Sirota

University of Michigan Journal of Law Reform

The Foreclosure Crisis of the 2000s has likely hurt renters more than homeowners. Incongruously, however, consumer enforcement agencies have been far more zealous in protecting mortgagors than tenants. This Article explores the under-protection of tenants as a class of consumers, particularly in a “commoditized” rental market, and examines how consumer enforcement agencies can more zealously incorporate tenant-protection into their mandates.

Much of the prior literature on the legal protections afforded tenants was published in the wake of the consumer rights revolution of the 1970s. This Article is the first to carefully reexamine, in the context of the modern rental market, …


Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law Jul 2020

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces Sep 2019

Unexpired Leases In Bankruptcy: Rights Of The Affected Mortgagee, Peter A. Alces

Peter A. Alces

No abstract provided.


Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman Sep 2019

Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman

Peter A. Alces

No abstract provided.


Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum Apr 2019

Commercial-Property Leases As A Means For Private Environmental Governance, Darren A. Prum

Georgia State University Law Review

Commercial-property leases as a means for private environmental governance routinely get overlooked despite their noticeable presence. The applicable theoretical models used in environmental law and the standards that typically measure legal activity fail to detect the commercial-property lease as a regulatory action as well. Moreover, the public and positive law and policy approach of the past that heavily relied on administrative authority now follows more of a private law and governance approach. The private law and governance approach responds to the marketplace where standards are set, enforcement occurs, and dispute resolution takes place between parties involved in the transaction outside …


Enforcing A Holding Deposit Agreement, Samuel Beswick Jan 2018

Enforcing A Holding Deposit Agreement, Samuel Beswick

All Faculty Publications

Prospective tenants in England are often asked to put down a holding deposit as a condition of signing a tenancy agreement. A holding deposit is an up-front payment given to the landlord or the landlord’s agent to place a “hold” on the property from being rented to anyone else while the applicant’s references are checked. It is paid after the key terms of the tenancy (for example, the rent amount and move-in date) have been agreed. Its purpose is to give both parties peace-of-mind that the applicant is “locked in” to renting the property.

In a previous contribution to the …


Land Tenure And Sustainable Agriculture, Jesse Richardson Apr 2016

Land Tenure And Sustainable Agriculture, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Examples And Explanations: Sales And Leases 7th Ed., James Brook Jan 2015

Examples And Explanations: Sales And Leases 7th Ed., James Brook

Books

This book is an approachable and practical study guide to sales law, specifically UCC Articles 2 and 2A, providing brief textual introductions to standard definitions and concepts, followed by provocative examples, questions, and analyses.

Relying on the standard examples-and-explanation pedagogy, Sales and Leases: Examples & Explanations is an accessible, clearly written study guide for any student studying sales law, commercial law, commercial transactions law and contract law.

It gives you an organized way of working through the various sections, definitions, concepts, and controversies that make up the modern law of sales and lease of goods as rendered in Article 2 …


Holding Deposit Agreements: Pre-Tenancy Obligations And Rights, Samuel Beswick Jan 2015

Holding Deposit Agreements: Pre-Tenancy Obligations And Rights, Samuel Beswick

All Faculty Publications

There is confusion in the rental market over the legal significance of holding deposits, which are routinely paid by prospective tenants prior to signing a lease document. The purpose of this article is to clarify the legal position of holding deposit agreements (HDAs) entered into in the pre-tenancy period. In particular, to emphasise that, in the usual course:

• The agreement to, and payment of, a holding deposit creates a binding contract between the prospective tenant and the landlord. • A HDA is a conditional contract, which grants the applicant both the right and obligation to enter into the proposed …


Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section Sep 2013

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

  • Oil and Gas Leases
  • Surface Use Agreements (SUAs)
  • Government’s Role in Authorizing Locations for Oil and Gas Development
  • Technical Aspects of Nontributary and Produced Nontributary Ground Water
  • Produced Nontributary Ground …


Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii May 2013

Goldie V. Bauchet Properties - California Uniform Commercial Code: Division Nine's Application To Ownership Interests In Trade Fixtures Acquired Under A Real Property Lease, Charles M. Morgan Iii

Pepperdine Law Review

No abstract provided.


The Impact Of Shale Development On International And Domestic Oil And Gas Contracts, Andrew R. Thomas Jan 2013

The Impact Of Shale Development On International And Domestic Oil And Gas Contracts, Andrew R. Thomas

The Global Business Law Review

In new oil and gas provinces, such as Ohio, Pennsylvania or Ukraine, learning oil and gas customs can be a hard lesson for those trying to break into the industry as service providers. They need to get up to speed quickly on customs, form agreements, and applicable laws. But unconventional oil and gas recovery will also lead eventually to unconventional agreements. In this regard, the nascent upstream service industry in new shale provinces are not so far behind - there is reason to be to be optimistic that oil and gas companies will be rethinking how they transact business as …


The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock Jan 2013

The Tax Import Of The Fasb/Iasb Proposal On Lease Accounting, George Mundstock

Articles

No abstract provided.


Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield Nov 2012

Rejection Of Nonresidential Leases Of Real Property In Bankruptcy: What Happens To The Mortgagee's Security Interest? , William E. Winfield

Pepperdine Law Review

No abstract provided.


Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt Nov 2011

Avalon Pacific-Santa Ana, L.P. V Hd Supply Repair & Remodel, Llc (2011), Roger Bernhardt

Publications

Lessor could not recover cost of repair damages for lessee’s breach of maintenance and repair obligations when lease had neither expired nor been terminated. Similarly, when lease will be in effect for extended term, lessor may recover waste damages before lease expiration or termination only on showing of substantial and permanent damage resulting in reduced market value.


Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran May 2011

Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

19 slides


Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett May 2011

Slides: Master Development Plans (Mdps) / Geographic Area Plans (Gaps): Comprehensive Planning Tools For Oil And Gas Projects, Allen B. Crockett

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

20 slides


Housing Our Criminals: Finding Housing For The Ex-Offender In The Twenty-First Century, Heidi Lee Cain Sep 2010

Housing Our Criminals: Finding Housing For The Ex-Offender In The Twenty-First Century, Heidi Lee Cain

Golden Gate University Law Review

This Comment examines the United States Supreme Court's statement in The Department of Housing and Urban Development v. Rucker that a strict liability clause would be enforceable in private leases. The Court accordingly infers that ex-offenders and suspected offenders would encounter obstacles in their attempt to receive and maintain housing leases, both public and private. Part II discusses the "One Strike and You're Out" housing act and the Court's decision in Rucker. The Court upheld the federally mandated public housing strict liability clause in part because the tenant would be treated the same in a private lease. This Comment thus …


Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke Jun 2010

Slides: Celebrating Flpma: Land Use Planning At The Blm, Marcilynn Burke

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

Presenter: Marcilynn Burke, BLM Deputy Director - Programs and Policy, U.S. Dept. of the Interior, (Washington, D.C.)

30 slides


Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell Jun 2009

Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO

27 slides


Proceed With Caution: Avoiding Hazards In Toll Road Privatizations, Celeste Pagano Jan 2009

Proceed With Caution: Avoiding Hazards In Toll Road Privatizations, Celeste Pagano

Celeste Pagano

No abstract provided.


The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss Jan 2008

The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss

ILSA Journal of International & Comparative Law

The Shab'a Farms have been considered the linchpin in the Hizb' Allah rhetoric to destabilize the Israel-Lebanon-Syria relationship


Ensuring A 'Yes-Pets' Rule, Joan Schaffner Jan 2007

Ensuring A 'Yes-Pets' Rule, Joan Schaffner

GW Law Faculty Publications & Other Works

For many people, their companion animal is their "life-line." Almost 65% of all US households have a companion animal. Moreover, it is well-documented that living with a companion animal is therapeutic. Unfortunately, obtaining housing that allows companion animals can be very difficult. It is common for rental leases to prohibit companion animals. Moreover, many mobile home parks, cooperatives, condominiums and homeowners associations are banning companion animals, leaving fewer and fewer opportunities for people to benefit from the love of a companion animal. Last but not least, many homeless animals are needlessly destroyed because no-pet rules eliminate options for placing them. …


Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg Jan 2005

Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.


Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Republic Of The Marshall Islands, Gregg De Bie, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm


Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Solomon Islands, Craig Corona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

69 p. ; 28 cm


Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The British Virgin Islands, Joan Marsan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

46 p. ; 28 cm


Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center Jan 2004

Private Lands Conservation In The Bahamas, Elizabeth Mccormack, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

59 p. ; 28 cm