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Articles 61 - 70 of 70
Full-Text Articles in Other Law
Is Consent Necessary? An Evaluation Of The Emerging Law Of Cohabitant Obligation, Marsha Garrison
Is Consent Necessary? An Evaluation Of The Emerging Law Of Cohabitant Obligation, Marsha Garrison
Faculty Scholarship
No abstract provided.
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Collapsing Spheres: Joint Terrorism Task Forces, Federalism, And The War On Terror, Susan Herman
Faculty Scholarship
No abstract provided.
The New Textualists' New Text, Lawrence Solan
The New Textualists' New Text, Lawrence Solan
Faculty Scholarship
No abstract provided.
Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman
Once A Mortgage, Always A Mortgage - The Use (And Misuse) Of Mezzanine Loans And Preferred Equity Investments, Andrew R. Berman
Articles & Chapters
The mortgage remains one of the most common and successful techniques to finance real estate transactions. In the last 25 years, mortgage loans have also been sold in the secondary market and included in mortgage-backed securitizations. The amazing growth of mortgage securitizations has also led to the development of novel financing techniques, including mezzanine financing and preferred equity investments.
This article discusses the historical development of real estate financing from the early beginning of mortgage law and the equity of redemption through the modern advent of mortgage-backed securitizations (MBS) and other non-traditional financings. It argues that the phenomenal success of …
Private Motive And Perpetual Conditions In Charitable Naming Gifts: When Good Names Go Bad, John K. Eason
Private Motive And Perpetual Conditions In Charitable Naming Gifts: When Good Names Go Bad, John K. Eason
Faculty Articles
This article explores the problems that often result from a charitable naming opportunity contribution. A charitable naming opportunity contribution exists when a donor transfers money or property to a charitable organization upon terms that result in an individual's name being associated in some way with the organization, its institutions, activities, or facilities. Implementing such arrangements can become problematic as circumstances change over time. Matters considered here include the meaning of "charity" as affected by a donor's personal desire to perpetuate a name. This article also highlights the quite varied doctrinal analyses that may apply when deviation from the precise terms …
The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher
The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher
American University Journal of Gender, Social Policy & the Law
No abstract provided.
An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos
An Analysis Of The Effect Of A Loser-Pays Rule On The Decisions Of An American Litigant, Jaime Leigh Loos
Honors Program Theses
Decisions made by litigants often do not reflect those most beneficial to society. A rule goveming fee allocation in tort cases should encourage meritorious suits and discourage frivolous suits. America is one of the only countries in the world that does not use a loser-pays rule to assign legal costs. Employing a loser-pays rule could make the legal system more efficient and more equitable. The effect of a loser-pays rule is analyzed by economic theory and empirical evidence, while considering possible limitations of the rule. A carefully applied system of loser-pays may positively affect the U.S. legal system.
Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine
Portraits Of Criminals On Bruce Springsteen's Nebraska: The Enigmatic Criminal, The Sympathetic Criminal, And The Criminal As Brother, Samuel J. Levine
Scholarly Works
Deconstructing Bruce Springsteen's album, "Nebraska," Levine demonstrates how Springsteen's songs challenge modern paradigms of crime, punishment and the American criminal justice system. Professor Levine deconstructs the message of the album by introducing the reader to the three categories of criminals who appear on the album: The enigmatic criminal; the sympathetic criminal; and the "criminal as brother." Professor Levine first examines the enigmatic criminal who materializes in Springsteen's title track, "Nebraska." This criminal shows no remorse for his crime and makes no attempt to justify or explain his actions. The enigmatic criminal demonstrates how an exploration of the criminal mindset may …
Rediscovering Julius Henry Cohen And The Origins Of The Business/Profession Dichotomy: A Study In The Discourse Of Early Twentieth Century Legal Professionalism, Samuel J. Levine
Rediscovering Julius Henry Cohen And The Origins Of The Business/Profession Dichotomy: A Study In The Discourse Of Early Twentieth Century Legal Professionalism, Samuel J. Levine
Scholarly Works
This article addresses one of the central contemporary debates over the nature of the practice of law, reflected in the business/profession dichotomy. Specifically, the article presents an exploration of the discourse and underlying attitudes of early twentieth century legal professionalism, in the context of a close analysis of Cohen's 1916 classic, The Law: Business or Profession?, a highly influential work that is a standard citation in the contemporary debate. The article contrasts Cohen's rhetoric and underlying approach to professionalism against the anti-Semitism, nativism, classism, economic protectionism, and general elitism often expressed by leaders of the early twentieth century bar who, …
Discussion: A Focus On Federalism, Jeffrey B. Morris
Discussion: A Focus On Federalism, Jeffrey B. Morris
Scholarly Works
No abstract provided.