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Articles 121 - 126 of 126
Full-Text Articles in Property Law and Real Estate
The Common-Law Conception Of Leasing: Mitigation, Habitability, And Dependence Of Covenants, John A. Humbach
The Common-Law Conception Of Leasing: Mitigation, Habitability, And Dependence Of Covenants, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Property law may be the most eternal of secular law. Its basic precepts and conceptions are largely stable and long settled. An aspect of property law undergoing notable change, however, is the law of landlord and tenant. The most important recent change in landlord-tenant law involves the reversal of responsibility for the quality of leased premises. In place of the tenant's traditional burden of caveat emptor and duty of repair, many courts now recognize an implied warranty of habitability, at least for residential tenancies. These same courts typically reject the traditional doctrine that mutual obligations in leases are "independent," that …
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This discussion begins with some remarks concerning the concept of property as a general matter. It will then consider briefly an approach to the problem which, though promising and advanced, nevertheless falls short of achieving an internally consistent, unifying theory. Following this introduction, an attempt will be made to specify the two distinctive conceptual components of property interests on whose difference the cases seem to turn, and then to demonstrate the suitability of this conceptual distinction as the foundation for a coherent theory of the law.
What Is Taught In The First Year Property Course?, John A. Humbach
What Is Taught In The First Year Property Course?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The battle over the first-year curriculum will unlikely ever end so long as there is a diversity of views as to what ought to be taught there. Because first-year courses are both a requirement (for the most part) and an initiation, most would probably agree that their subject matter should tend to emphasize the fundamental and general, not the esoteric or the highly specialized areas of legal knowledge. Nevertheless, first year subject matter should not be so abstractly "general" that it is too far removed from the real issues which a practical lawyer is likely to face. Beyond this, agreement …
Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach
Review Of Private Property And The Constitution By Bruce Ackerman, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Landlord Control Of Tenant Behavior: An Instance Of Private Environmental Legislation, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The present Article suggests that the problem of incompatible neighboring tenants can be most efficiently and "justly" dealt with by permitting a substantial degree of landlord control over tenant behavior-with the removal of offending tenants, at the landlord's instance, being the most effective sanction of ultimate recourse in the effectuation of such control. For some courts, ceding this power of control to landlords would require a measure of constraint which they may find uncustomary or even distasteful. As institutions charged with doing justice, the courts' instinct to intervene in the norm-creating process is undoubtedly great, even when the parties before …
Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach
Tidal Title And The Boundaries Of The Bay: The Case Of The Submerged "High Water" Mark, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The unique character and special public importance of lands bordering the sea have been recognized since ancient times. In the nature of things, shore lands, together with the waters which cover them (permanently or periodically), have a number of valuable uses not shared generally with inland territories. Navigation, passage, fishery, and bathing are among the particular uses of the shore or adjacent sea for which the public has traditionally received greater or lesser legal protection. However, this list is neither exclusive nor closed. For example, the recent avalanche of accretions to our stock of ecological knowledge has heightened (if not …