Law Commons^™

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, …

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 …

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

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 …

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.

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 …

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

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

Marquette Sports Law Review

No abstract provided.

The Wasted Sacrifice Of Lessors' Lost Profit Claims In Bankruptcy, Marie T. Reilly

Louisiana Law Review

No abstract provided.

Should An Illinois Tenant Get The Benefit Of The Landlord's Insurance?, John Dwight Ingram

Northern Illinois University Law Review

This article examines whether a landlord's insurance coverage should extend to cover his or her tenant's personal property from loss or damage caused by the tenant's negligence. Although the courts are divided on whether to allow the landlord's insurer to recover from the tenant through the insurance contract's subrogation clause, the author argues careful and thoughtful lease drafting can avoid or eliminate liability issues between the landlord and tenant. Such drafting gives the courts a clearer picture of the exact relationship between the parties and who should bear the risks involved under a given set of circumstances.

The Third Circuit And The Landlord's Noncompetition Promise: The Use And Misuse Of Intent Theory, Edward Chase

Villanova Law Review

No abstract provided.

Frreedom Of Religion

Touro Law Review

No abstract provided.

Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach

Duke Law Journal

No abstract provided.

A Mineral Lessee's Obligation To Explore Unproductive Portions Of The Leased Premises In Louisiana, Thomas A. Harrell

Louisiana Law Review

No abstract provided.

U.S. District Court Upholds Department Of The Interior's Sale Of Coal Mining Leases, Peter R. Lucchesi

William & Mary Environmental Law and Policy Review

No abstract provided.

Current Issues Relating To Emergency Federal Coal Leasing, David B. Pariser

West Virginia Law Review

No abstract provided.

Del-Ray Oil & Gas, Inc. V. Henderson Petroleum Corp.: Warranty Owed By Assignors And Sublessors Of Mineral Interests, Steven Jess Sperry

Louisiana Law Review

No abstract provided.

Developer Leases Under The Condominium And Cooperative Abuse Relief Act Of 1980, Salvatore Lamonica

Hofstra Law Review

No abstract provided.

Broussard V. Northcott Exploration Co.: Recovery By Farm Lessee From Mineral Lessees, Alexander Peragine

Louisiana Law Review

No abstract provided.

Sale-Leasebacks: A Search For Economic Substance, Stephan L. Hodge

Indiana Law Journal

No abstract provided.

Housing Violations Void Lease-A New Tenant's Remedy

Washington and Lee Law Review

No abstract provided.

The Implied Marketing Covenant In Oil And Gas Leases: Some Needed Changes For The 80'S, Bruce M. Kramer, Chris Pearson

Louisiana Law Review

No abstract provided.

Consent Requirements In Compulsory Fieldwide Unitization, John C. Lamaster

Louisiana Law Review

No abstract provided.

Costs Deductible By The Lessee In Accounting To Royalty Owners For Production Of Oil Or Gas, Frederick R. Parker Jr.

Louisiana Law Review

No abstract provided.

Underground Gas Storage: Opposing Rights And Interests, Fred Mcgaha

Louisiana Law Review

No abstract provided.

Retained Jurisdiction In Damage Actions Based On Anticipatory Breach: A Missing Link In Landlord-Tenant Law, Roberta Rosenthal Kwall

Case Western Reserve Law Review

No abstract provided.

The Federal Coal Leasing Amendments Act Of 1976 And Prior Federal Coal Leases: Putting New Wine Into Old Bottles, Michael H. Hyer

West Virginia Law Review

No abstract provided.

Dependent Covenants In Commercial Leases: Hindquarter Corp. V. Property Development Corp., Tracy R. Antley Faust

Seattle University Law Review

This Note demonstrates that the Washington Supreme Court correctly applied contract principles to the Hindquarter lease dispute. The Note first reviews the historical development of dependent covenants in both residential and commercial contexts. After setting out this important background information, the Note examines Hindquarter and the three factors that influenced the Washington Supreme Court in following the dependent covenants trend: (1) material inducements to execute the lease; (2) the intent of the parties; and (3) equity and policy considerations. The Note concludes that, even though the landlord prevailed in Hindquarter, commercial tenants stand to gain most from the supreme …

Contract Law - Fixed Price Option Vs. Right Of First Refusal: Construction Of A Dual Option Lease - Texaco, Inc. V. Creel, Mark Scruggs

Campbell Law Review

This note focuses on the proper interpretation of what has been referred to as a dual option lease; that is, a lease containing both an option to purchase at a fixed price and a right of first refusal. The issue is the relationship between the fixed price option and the right of first refusal. Does the lessee's failure to exercise the right of first refusal extinguish his rights under the fixed price option, effectively forcing him to meet any bona fide third party offer or risk the loss of his investment? Or, are the two provisions independent of each other; …

A Transactional Approach To Lease Analysis, Neil Z. Auerbach

Hofstra Law Review

No abstract provided.