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Articles 31 - 33 of 33
Full-Text Articles in Housing Law
New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm
New Look At Sexual Harassment Under The Fair Housing Act: The Forgotten Role Of 3604, Rigel C. Oliveri, Robert G. Schwemm
Faculty Publications
This Article argues that § 3604(c) is applicable in virtually every sexual harassment case involving housing and that its applicability means the FHA can be a more effective statute for attacking sexual harassment than Title VII. Part I reviews the law governing sexual harassment in housing, including the role that Title VII precedents have had in shaping this law. Part II shows how § 3604(c) goes further than its Title VII counterpart in prohibiting statements that are often at the heart of a sexual harassment claim and identifies some specific situations in which § 3604(c) may be helpful in challenging …
Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth
Enforcement Of Acceleration Provisions And The Rhetoric Of Good Faith, R. Wilson Freyermuth
Faculty Publications
Today, virtually all mortgages contain acceleration clauses permitting the mortgagee to accelerate the mortgage indebtedness upon default by the mortgagor as defined in the mortgage loan documentation. Section 8.1 of the new Restatement (Third) of Property: Mortgages [hereinafter Mortgages Restatement]1 endorses the view that these mortgage acceleration provisions are generally enforceable after default in accordance with their terms. Following default and acceleration, the mortgagor may prevent foreclosure only by redeeming the property from the mortgage debt, i.e., “only by paying or tendering to the mortgagee the full accelerated mortgage obligation.” Section 8.1(d)(3), however, places certain constraints upon the mortgagee's right …
The Real Party In Interest Statute In Missouri, George L. Clark
The Real Party In Interest Statute In Missouri, George L. Clark
University of Missouri Bulletin Law Series
The real party in interest statute was passed in Missouri in 1849 as a part of the practice act. Before that date two other statutes dealing with the question of parties plaintiff had been passed: a statute abolishing the straw plaintiff in actions of ejectment, and a statute providing that the assignee of a bond or note might sue in his own name. These statutes will be considered first.