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Full-Text Articles in Legal History

Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore Dec 2021

Dead Men Tell No Tales: Arkansas’S Grave Failure To Honor Its Constituents’ Postmortem Quasi-Property Right, Mckenna Moore

Arkansas Law Review

It is doubtful that Hulon Rupert Austin woke up on the day of March 7, 1986 and expected it to be his last. March 7 was a typical day—a workday—that started with a simple drive to a job site with his co-worker. A day that began so unremarkably ended with his co-worker looking up from where he was working to see “Austin lying on the ground.”


A-Void-Able Consequences: Void Sales & Subsequent Purchasers Under Arkansas’S Statutory Foreclosure Act, Hannah Hungate Jun 2021

A-Void-Able Consequences: Void Sales & Subsequent Purchasers Under Arkansas’S Statutory Foreclosure Act, Hannah Hungate

Arkansas Law Notes

This Comment explores Arkansas’s Statutory Foreclosure Act and addresses the question of whether there can be a “subsequent purchaser for value” when a foreclosure sale is void from the outset. After a review of the Act itself, distinction between void and voidable foreclosures of property, findings of other state courts, and proper application of the Act, the author urges the Arkansas Supreme Court to make a formal declaration finding that purchasers of property foreclosed upon in a void sale are not “subsequent purchasers for value” under the meaning of the statute.


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Table Of Contents Jan 2021

Table Of Contents

Touro Law Review

No abstract provided.


Race And Property Law, K-Sue Park Jan 2021

Race And Property Law, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This chapter offers an outline for understanding the key role of race in producing property values in the history of the American property law system. It identifies major developments in the mutually formative relationship between race and property in America that made and remade property interests in America through the processes of 1) dispossessing nonwhites, 2) degrading their homelands, communities, and selves, and 3) limiting their efforts to enter public space and occupy or acquire property within the regime thereby established. First, it describes the use of law to create the two most important forms of property in the colonies …


Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue Jan 2021

Who Owns The Skies? Ad Coelum, Property Rights, And State Sovereignty, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

In light of the history of the doctrine of ad coelum, as well as the states’ preeminent role (secured by the Tenth Amendment) in regulating property and airspace up to the 500-foot level, it is remarkable that the federal government has begun to claim that it controls everything above the blades of grass. This chapter challenges those statements, demonstrating that history and law establish that property owners, and the states, control the airspace adjacent to the land.


The Republic Of Letters And The Origins Of Scientific Knowledge Commons, Michael J. Madison Jan 2021

The Republic Of Letters And The Origins Of Scientific Knowledge Commons, Michael J. Madison

Book Chapters

The knowledge commons framework, deployed here in a review of the early network of scientific communication known as the Republic of Letters, combines a historical sensibility regarding the character of scientific research and communications with a modern approach to analyzing institutions for knowledge governance. Distinctions and intersections between public purposes and privacy interests are highlighted. Lessons from revisiting the Republic of Letters as knowledge commons may be useful in advancing contemporary discussions of Open Science.