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Articles 121 - 130 of 130
Full-Text Articles in Property Law and Real Estate
Building A Commercial Practice, Stephen B. Cohen
Building A Commercial Practice, Stephen B. Cohen
Georgetown Law Faculty Publications and Other Works
Commercial real estate law practice includes but is not limited to everything from new construction to complex exchanges, from strip shopping centers with a few stores to modern regional shopping centers, from the small two or three unit office building to the large downtown and suburban office/residential condo developments, and the sale of any type of business property. While it appears there is room for thousands of attorneys to handle the major transactions described above, this is generally not the case. It is well known that the commercial real estate bar in most large metropolitan areas is a rather select …
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Changing Judicial Attitudes Towards Property Rights In California Water Resources: From Vested Rights To Utilitarian Reallocations, Clifford W. Schulz, Gregory S. Weber
Changing Judicial Attitudes Towards Property Rights In California Water Resources: From Vested Rights To Utilitarian Reallocations, Clifford W. Schulz, Gregory S. Weber
McGeorge School of Law Scholarly Articles
No abstract provided.
An Ecological Perspective On Property, David Hunter
An Ecological Perspective On Property, David Hunter
Scholarly Articles in Law Reviews & Journals
This article presents an ecological perspective on property law, one in which the definition of property rights is determined by the ecological characteristics of the property. Thus, a wetlands would be treated differently than a parking lot.
Aesthetic Regulation: A New General Rule, Michael Pace
Aesthetic Regulation: A New General Rule, Michael Pace
West Virginia Law Review
No abstract provided.
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller
Articles
There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …
The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson
The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson
Publications
No abstract provided.
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
Articles & Chapters
While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …
Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews
Washington's New Quasi-Community Property Act: Protecting The Immigrant Spouse, Thomas R. Andrews
Articles
In 1986, Washington followed the lead of several other community property jurisdictions by adopting quasi-community property legislation. The act is designed to prevent a spouse who has onerously acquired property during marriage while the couple resided in a common law state from disinheriting his or her surviving spouse as to that property after moving to Washington. It has significant implications not only for married couples contemplating a move to Washington, but also for those who have moved to Washington from common law jurisdictions in the past. This article explains why the risk of disinheritance arises, describes the provisions of Washington's …
Foresight And The Law Of Servitudes, Stewart E. Sterk
Foresight And The Law Of Servitudes, Stewart E. Sterk
Articles
The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …