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Articles 271 - 300 of 332
Full-Text Articles in Property Law and Real Estate
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till
The Right To Float On By: Why The Washington Legislature Should Expand Recreational Access To Washington's Rivers And Streams, Dustin Trowbridge Till
Seattle University Law Review
This article surveys the contemporary status of Washington's navigability doctrine and public trust laws and proposes a solution to the increased conflicts between riparian property owners and recreational river users. Part II addresses the federal navigability jurisprudence that establishes the minimum standards for determining whether a river is navigable. Part III surveys the law of navigability and the public trust doctrine in Washington. Part IV highlights the importance of recreation to Washington residents. Part V analyzes how other jurisdictions, particularly Montana, have resolved conflicts between recreationalists and riparian property owners. Part VI argues that Washington should adopt a recreational boat …
The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace
The Afterlife Of The Meretricious Relationship Doctrine: Applying The Doctrine Post Mortem, John E. Wallace
Seattle University Law Review
The meretricious relationship doctrine has received increased attention in recent years largely due to its application to same-sex couples' and the national debate on same-sex marriage. However, the importance of the doctrine, applicable also to heterosexual couples, extends beyond this recent focus. The number of unmarried, committed persons cohabitating has been increasing rapidly. Over eleven million people reported being unmarried but living with a partner in 2000, an increase of seventy-two percent since 1990. As the number of unmarried persons cohabitating increases, so will the importance of the doctrine. The meretricious relationship doctrine is a judicially-created equitable doctrine that allows …
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Seattle University Law Review
This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …
Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve
Seattle University Law Review
Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …
Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell
Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell
Seattle University Law Review
This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …
Preserving Transportation Corridors For The Future: Another Look At Railroad Deeds In Washington State, Gregg H. Hirakawa
Preserving Transportation Corridors For The Future: Another Look At Railroad Deeds In Washington State, Gregg H. Hirakawa
Seattle University Law Review
This Comment will analyze the recent approach the Washington court has incorporated in settling trail development disputes across the State. In particular, the Comment will examine the court's use of common law deed interpretation principles in upholding property rights while preserving valuable public transportation corridors. Furthermore, the Comment will show how the Washington court's recent approach in interpreting railroad deeds has made recreational trail construction more appropriately a legislative matter, rather than a legal one. Section I of the Comment will begin with an historical overview of railroads in the United States, background on the public "Rails-to-Trails" movement, and an …
Limited Practice Officers And Admission To Practice Rule 12: Taking Or Not?, Robert C. Farrell
Limited Practice Officers And Admission To Practice Rule 12: Taking Or Not?, Robert C. Farrell
Seattle University Law Review
This Comment arrives at the conclusion that Admission to Practice Rule 12.1 (c)(1) does indeed give rise to an unconstitutional taking. Beginning with a definition of an escrow, Part II of this Comment provides an overview of a transaction in escrow and an analysis of the escrow holder's relationship with and duties to his client depositor. Part III discusses the statutory and regulatory constraints imposed on escrow holders under Washington's Escrow Agent Registration Act. Part IV explores the evolution of the limited practice officer in Washington and the advent of Admission to Practice Rule 12. Part V analyzes the takings …
Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan
Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan
Seattle University Law Review
This Article will explore the concept of "due diligence investigation" for valuable art objects and the considerations that properly frame the scope of such an examination. The Article represents that because, as between a dispossessed owner and a good faith purchaser of artworks, equities are balanced in favor of the dispossessed owner, current law has imposed a higher standard of diligence on the purchaser. Thus, the Article will underscore the need for purchasers and collectors to conduct appropriate and comprehensive investigations into title of artworks they acquire or already possess and will demonstrate that a due diligence investigation is the …
The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim
The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim
Seattle University Law Review
This Article is primarily a comprehensive, practitioner-oriented analysis of Washington's vested rights doctrine. In this Article, the authors propose that there are actually three models for vested rights in the nation, the majority and minority rules and the Washington rule. In the 1950s, Washington began following what commentators usually refer to as the minority rule, but the authors of this article assert that over the years our state's vesting doctrine has evolved into a distinct, third model. As this article will show, the Washington rule is not only distinct, it is superior.
The Old Chestnut Explored: Thoughts About The Survival Of Casner's Cases And Text On Property Long Past Its Prime, Barry Brown
The Old Chestnut Explored: Thoughts About The Survival Of Casner's Cases And Text On Property Long Past Its Prime, Barry Brown
Seattle University Law Review
The pedagogy of the Casner text-now often imitated-assumes a fractional approach to private property. The Hohfeldian bundle of rights rational for allocation and justification of property interests did not begin with Casner or Leach, but the fact that the first edition of the book bearing the combined authors' names appeared in 1947 and has been in continuous use since that time is a testament to the insight of its writers and to its timelessness. That the structure and themes of the text have been followed in a host of casebooks is, no doubt, the sincerest form of flattery
Review: The Essence Of Property Law, Vada Waters Lindsey
Review: The Essence Of Property Law, Vada Waters Lindsey
Seattle University Law Review
Part II of this essay will outline my overall approach to teaching Property and the inherent challenges of the subject. Part III sets out the topics covered in my property classes and the relevance of the “bundle of rights” concept. Part IV describes my use of the problem method in teaching Property and counters the purported disadvantages of applying that method. That part also demonstrates the practical use of the problem approach. Part V examines the evolutionary nature of property law and looks at three areas of law: landlord and tenant relationships, the law of servitudes, and future interests.
Property In Context, Craig J. Albert
Property In Context, Craig J. Albert
Seattle University Law Review
Now that Property has shrunk in most law schools to a single semester of three or four credit hours, Professors J. Gordon Hylton, David L. Callies, Daniel R. Mandelker, and my colleague, Paula A. Franzese, offer a new casebook, Property Law and the Public Interest to respond to the new environment.
How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold
How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold
Seattle University Law Review
Edward Rabin and Roberta Kwall had student learning in mind when they wrote Fundamentals of Modern Real Property Law. Rabin and Kwall's casebook is an attractive and effective road map for students as they journey through a course (and a body of legal principles and issues) that typically intimidates many law students in virtually every law school.
A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson
A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson
Seattle University Law Review
This casebook is organized along three main themes even though it has five major parts. The first two parts seem to me to focus on relative rights in property. The third part discusses transfer of property interests and assurances of title and the fourth discusses regulation of land use by private and public means. The majority of this essay will look at those themes and how they play out in the casebook and in my course. In the latter part of the essay, I will discuss some of the things I find most engaging about the book and why I …
Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper
Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper
Seattle University Law Review
The authors’ claim is to a unique recognition of (1) “the interplay of common law, statutory and constitutional regimes,”(2) “the growing significance of non-land forms of property,” (3) “the emergence of environmental values,” and (4) “the central importance of public policy analysis to resolution of complex social problems.” This is certainly an approach that can benefit the first-year Property teacher whose course is set in a semester that may also contain courses focusing on positive law, like Civil Procedure, Administrative Law, Constitutional Law, or Criminal Procedure, as mine does.
Why Isn't This Man Smiling?, John W. Weaver
Why Isn't This Man Smiling?, John W. Weaver
Seattle University Law Review
The books reviewed in this article represent five of the seventeen property casebooks in general circulation. These nine reviews of five books also demonstrate one of the continuing tensions for Property teachers. Property teachers not only face the usual problem of coverage versus depth (exacerbated by the cut in hours), but we also have the problem that Gertrude Stein posed for Oakland-that it sometimes seems as if there is no there.
The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel
The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel
Seattle University Law Review
In light of the market's overall approval of the casebook, what follows can only be described as but one professor's views on why the Dukeminier and Krier property book works so well for so many and on where it does not work as well as it could.
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
Seattle University Law Review
This Comment will focus on the current problems of the ESA and suggest how the ESA can be rewritten to accommodate both environmental and private property interests. Section I will discuss procedure under the ESA. In Section II, the Comment examines the controversial "harm" definition frequently arising in ESA litigation. In Section III, the Comment will dispel the myth that the ESA is currently operating as originally intended and will discuss the reasons why private property owners criticize the current ESA. Section IV will examine a proposal for reauthorizing the ESA written by Senator Dirk Kempthorne (R-Idaho) that Congress failed …
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
Seattle University Law Review
This essay will evaluate the Dukeminier and Krier Property casebook from this perspective: just how good a text is it for teaching new law teachers? The answer, it seems to me, is that their book is very well suited to this goal. Given that I have used the Dukeminier and Krier casebook (D&K casebook) for nine years now, my answer should not surprise the reader. Indeed, I think it is this aspect of the book (and perhaps a general inclination of teachers not to fix what ain't broke) that accounts for the extraordinary loyalty that many professors give to this …
Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss
Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss
Seattle University Law Review
In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
Seattle University Law Review
The “Creasman presumption” held that, absent any evidence to the contrary, the way property was titled at the end of a cohabitational relationship was presumed to be the way the parties intended. The “exceptions” to the Creasman presumption should be the rule to ensure the flexibility required by equity in these types of cases, while keeping distinct the lines between marriage and cohabitation. To promote this thesis, Part II discusses the facts of Creasman and then dispels the myth of importance surrounding its presumption. Part III reviews the facts of In re Marriage of Lindsey, looks at whether cohabitation …
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
Seattle University Law Review
This Comment first provides a brief background of the development of the public duty doctrine. Part II discusses the two major types of zoning cases: those involving negligent misstatements and those involving negligent issuance of permits or inspections. The use of the public duty doctrine in both types of cases is then analyzed under relevant Washington case law. Part III argues for the abolition of the public duty doctrine and Part IV concludes.
Civil Forfeiture And The Eighth Amendment After Austin, James E. Beaver, Kit G. Narodick, Joseph M. Wallin
Civil Forfeiture And The Eighth Amendment After Austin, James E. Beaver, Kit G. Narodick, Joseph M. Wallin
Seattle University Law Review
Imagine owning an expensive piece of property, a piece of real estate perhaps, or maybe a car or boat. Now imagine having your property forcefully taken away from you because someone suspects, or pretends to suspect, that you are using the property in the commission of criminal acts. Then, imagine having to hire a lawyer and start a lawsuit to recover your property. After spending a small fortune in legal fees to recover your own property, imagine you lose your lawsuit, not because you could not prove your rightful ownership before its forceful seizure, but because you could not prove …
Present And Future Interests: A Graphic Explanation, Roger W. Andersen
Present And Future Interests: A Graphic Explanation, Roger W. Andersen
Seattle University Law Review
Few topics bedevil more law students than the law of present and future interests. With the goal of eliminating some of the confusion, this Article highlights the basic doctrine with a new set of diagrams to represent graphically how various interests behave. This Article opens with a question many students ask and then proceeds to the core concepts in the law of present and future interests.
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Seattle University Law Review
By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …
Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw
Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw
Seattle University Law Review
No abstract provided.
The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey
The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey
Seattle University Law Review
Will critical areas and resource lands, as implemented under the GMA, effectively contribute to the conservation of wildlife and wildlife habitat in Washington? The remainder of this Article will address that question. First, this Article briefly describes some aspects of biological diversity that must be understood before proceeding further. Second, it sets forth several central principles from modern conservation biology that are essential for maintaining habitat integrity and species viability and considers their applicability to critical areas and resource lands, as defined by the GMA. Third, it explains how these principles could be used to identify and protect habitat remnants …
Dashed "Investment-Backed" Expectations: Will The Constitution Protect Property Owners From Excesses In Implementation Of The Growth Management Act?, Elaine Spencer
Seattle University Law Review
Section I briefly discusses the basic principles of takings law as enunciated by prior cases, as well as the United States Supreme Court's recent decision in Lucas v. South Carolina Coastal Council, and the Washington Supreme Court's recent decisions in Sintra, Inc. v. Seattle and Robinson v. Seattle. Although the Lucas decision has received considerable publicity, it advanced the state of the law rather little. The real guidance for future decisions arising out of the GMA will come from earlier United States Supreme Court decisions and the Washington Supreme Court's decisions in Sintra, Robinson, and Lutheran …
The Treatment Of Nominee Corporations For Income Tax Purposes, Norton L. Steuben
The Treatment Of Nominee Corporations For Income Tax Purposes, Norton L. Steuben
Seattle University Law Review
This Article traces the development of the nonentity and agency approaches to the treatment of nominee corporations. The nonentity approach had a short lifespan and is of little use today. The agency approach, in contrast, experienced a period of development that resulted in a complex six-factor test that was employed in at least three circuits. When a conflict in the application of the six-factor test developed, the Supreme Court in Commissioner v. Bollinger enunciated a different approach and established a new, more workable standard. This Article explores the limitations of that standard as well as its practical application for planners.