Property Law and Real Estate Commons^™

Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman

Villanova Law Review (1956 - )

No abstract provided.

Another And Hopefully Final Look At The Property--Personal Liberty Distinction Of Section 1343(3), John Lecornu

Vanderbilt Law Review

Recent years have witnessed increasing confusion and uncertainty over the proper scope of section 1343(3) of Title 28 of the United States Code, the jurisdictional counterpart of section 1983 of Title 42. Both provisions originated in the Civil Rights Act of 1871. Section 1983 creates a cause of action to redress the deprivation, under color of state law, of any rights, privileges, or immunities secured by the Constitution or laws. Section 1343(3) grants to the federal district courts original jurisdiction, irrespective of amount in controversy, over any civil action authorized by law that is commenced by any person: "To redress …

Men And Things: The Liberal Bias Against Property, Thomas L. Shaffer

Journal Articles

When a property teacher sets out to learn about the human facts in his subject—if, for instance, he wants to learn about the behavioral aspects of the law of the dead (wills, trusts, future interests and death taxation)—he will be discouraged by the fact that psychological literature has a great deal to say about sex, and even quite a bit about death, but almost nothing about property.

There are a couple of metaphysical essays by Jean-Paul Sartre, and, from the founders of psychoanalysis, the theory that our concern about property begins at the potty chair. But for the most part …

Property--Recovery For Improvements Mistakenly Made On The Land Of Another, James R. Watson

West Virginia Law Review

No abstract provided.

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …

Real Property (1969 Annual Survey Of Michigan Law), John E. Mogk, Brian M. Barkey

Law Faculty Research Publications

Over 65 cases were decided by Michigan courts during the Survey period dealing with some aspect of property law. Most of these cases raise property questions which are only incidental to nonproperty issues and, as a result, will not be discussed in this article. Similarly, those cases which have no precedential value, restate old law, or confirm an established trend are not considered worthy of discussion. Accordingly, in our judgment, only 16 property cases decided during the Survey period merit protracted attention.

Property--Fee Simple Determinables--Distinguishing Characteristics, James Alan Harris

West Virginia Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Corporations--Equity--Specific Performance of Stock Option Granted Because of Tax Advantage Feature of Option

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Property--Landlord-Tenant--Rabbinical Court Establishes Far-Reaching Standard of Landlords' Obligations to Tenants

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Taxation--Federal Estate Taxation--Under Treasury Regulation Section 20.2031-8(b), Value of Shares in Mutual Funds Is Public Offering Price on Date of Death Rather Than Redemption Price

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Taxation--Mineral Rights--Carried Interest Loses Deduction for Depletion, Depreciation, and Intangible Drilling Costs During Recoupment

Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman

Faculty Publications

The recent opinions of the North Carolina appellate courts include a strikingly large proportion of eminent-domain cases. Two factors combine to explain the unusual frequency with which these cares are tried and appealed. The first is the elaborate activity of the federal government in funding local and state projects involving the acquisition of land. The Interstate Highway program probably accounts for the predominant portion of this activity, with other shares attributable to urban renewal, public housing, and airport improvement. When the more traditional activities of local government, such as street-widening and other public improvements, are added to the above list …

The New Arkansas Inheritance Laws: A Step Into The Present With An Eye To The Future, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Compensation For Expropriated Property In Recent International Law, Amir Rafat

Villanova Law Review (1956 - )

No abstract provided.

Property--Prescriptive Rights--Extinguishment By Conveyance Of The Servient Estate To A Purchaser Without Notice, Stephen Lewis Atkinson

West Virginia Law Review

No abstract provided.

Conflict Of Laws -- Constitutionality Of State Statutes Governing Ability Of Nonresident Aliens To Receive Property Under American Wills: Zschernig V. Miller, Richard N. Hale

Vanderbilt Law Review

An excellent illustration of the vertical conflict of laws problem involves the ability of nonresident aliens to receive property under American wills. Traditionally, under the American federal system,the acquisition and transmission of property located within a state has been controlled by state law. Yet article I, section 10 of the United States Constitution imposes strict limitations on a state's power to deal with matters having a bearing on international relations, such matters being within the ambit of the national government. The supremacy of the national government in the general field of foreign affairs has been given continuous recognition by the …

Divorce--Sale Of Property By Court Order, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

The Student As University Resident, William W. Van Alstyne

Faculty Publications

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn

Articles

The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …

Contracts - Landlord And Tenant - Applicability Of Right Of First Refusal To Judicial Sale - Cities Service Oil Co. V. Estes, 208 Va. 44 (1967), Jon W. Bruce

William & Mary Law Review

No abstract provided.

Corporate Securities As "Business Property", Thomas G. Bost

Vanderbilt Law Review

Inadequacies of the statutory definition of "capital asset" have led the courts to develop the concept of "business property," which serves to distinguish everyday business activities from investment activities.This concept is now being applied by courts in a wide variety of factual situations involving corporate securities. However, unless objective, easily ascertainable limits to the "business property" concept are found, confusion and inconsistency may mark the development of future case law. The rules developed by the American Law Institute's Discussion Draft Study of Definitional Problems in Capital Gains Taxation appear to provide these objective limits. Because they are consistent with the …

The "Aggrieved Person" Requirement In Zoning, Robert A. Hendel

William & Mary Law Review

No abstract provided.

Demarcación Territorial De Los Juzgados Municipales, Partidos Judiciales Y Registros De La Propiedad De La República De Cuba, República De Cuba

Mario Diaz Cruz Pamphlets

Obsequio del colegio de abogados de la Habana, a sus colegiados

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

Property--Effects Of Alteration Of Recordable Instruments, Robert Brand Stone

West Virginia Law Review

No abstract provided.

Status Of The Social Guest: A New Look, Jerry Franklin

William & Mary Law Review

No abstract provided.

Land Trusts: Some Problems In Virginia, William C. Cowardin Jr.

William & Mary Law Review

No abstract provided.

Future Interests, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

Conflict Of Laws And Joint Bank Accounts - An Autopsy Of A Case, Joseph C. Kelly

Villanova Law Review (1956 - )

No abstract provided.

A Comparative Analysis Of Civil Law Succession, George A. Pelletier Jr., Michael Roy Sonnenreich

Villanova Law Review (1956 - )

No abstract provided.

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.