Extreme Rubber-Stamping: The Fee-To-Trust Process Of The Indian Reorganization Act Of 1934,
2013
Pepperdine University
Extreme Rubber-Stamping: The Fee-To-Trust Process Of The Indian Reorganization Act Of 1934, Kelsey J. Waples
Pepperdine Law Review
In recognition of the massive loss of Indian territory since the European “discovery” of America, the Indian Reorganization Act of 1934 provides a process whereby Indian tribes can expand their reservations by applying to have additional land placed into trust for their benefit. This process, known as the fee-to-trust process, is the subject of fervent opposition by many affected communities because once taken into trust for a tribe, such land is no longer subject to state and local taxation or zoning, planning, and other regulatory controls. Accordingly, this Comment explores the efficacy of the fee-to-trust process by analyzing the Pacific …
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue,
2013
Washington and Lee University School of Law
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Scholarly Articles
None available.
The Reciprocity Of Search,
2013
Vanderbilt University Law School
The Reciprocity Of Search, Tun-Jen Chiang
Vanderbilt Law Review
The discussion of search in patent law always focuses on one particular model of search: producers of commercial products are supposed to identify the patents that their products might infringe and then negotiate a license from the owners of those patents. This one-sided view of search responsibility is most evident in doctrine. As a doctrinal matter, patent law imposes an absolute duty on the producer of a commercial product to find all relevant patents and obtain licenses from each of the owners before commencing manufacture. Failure to meet this duty is punished by liability for infringement, where ignorance of the …
The Property Jurisprudence Of Justice Kennedy,
2013
Pacific McGeorge School of Law
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge Law Review
No abstract provided.
“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions,
2013
Florida International University College of Law
“But My Lease Isn’T Up Yet!”: Finding Fault With “No-Fault” Evictions, Eloisa Rodriguez-Dod
Faculty Publications
Historically, tenants could be evicted when their actions put them “at-fault.” Grounds for “at-fault” eviction (i.e., evictions for cause) include a tenant’s failure to pay rent, a tenant’s holding over after termination of the lease, a tenant’s material noncompliance with the lease agreement, and a tenant’s failure to maintain the premises materially affecting health and safety. Recently, some landlords have been evicting tenants for no fault of their own.
This article focuses on three reasons for attempted “no-fault” evictions: foreclosure of the premises, proposed sale of the premises, or intended re-occupancy by the landlord. Part II of this article provides …
Dirty Remics, Revisited,
2013
Brooklyn Law School
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Faculty Scholarship
No abstract provided.
Housing Voucher Mobility: An Overlooked Fair Housing Issue, 46 J. Marshall L. Rev. 1089 (2013),
2013
UIC School of Law
Housing Voucher Mobility: An Overlooked Fair Housing Issue, 46 J. Marshall L. Rev. 1089 (2013), Alexander Polikoff
UIC Law Review
No abstract provided.
Real Estate Law And Practice: Symposium Issue Foreword/Introduction, 47 J. Marshall L. Rev Xxiii (2013),
2013
UIC School of Law
Real Estate Law And Practice: Symposium Issue Foreword/Introduction, 47 J. Marshall L. Rev Xxiii (2013), Virginia Harding
UIC Law Review
No abstract provided.
An Essay Adapted From A Presentation Entitled "Adaptation To Climate Change," 47 J. Marshall L. Rev. 487 (2013),
2013
UIC School of Law
An Essay Adapted From A Presentation Entitled "Adaptation To Climate Change," 47 J. Marshall L. Rev. 487 (2013), Rosina Bierbaum
UIC Law Review
No abstract provided.
Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013),
2013
UIC School of Law
Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan
UIC Law Review
No abstract provided.
Using Development Financing Tools To Help Cover Costs Of Adapting To Climate Change In Tornado Alley And Beyond, 47 J. Marshall L. Rev. 609 (2013),
2013
UIC School of Law
Using Development Financing Tools To Help Cover Costs Of Adapting To Climate Change In Tornado Alley And Beyond, 47 J. Marshall L. Rev. 609 (2013), Carl Circo
UIC Law Review
No abstract provided.
Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013),
2013
UIC School of Law
Local Governments Feel The Heat: Principles For Local Government Adaptation To The Impacts Of Climate Change, 47 J. Marshall L. Rev. 635 (2013), Sean Hecht
UIC Law Review
No abstract provided.
Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013),
2013
UIC School of Law
Funding Adaptation, 47 J. Marshall L. Rev. 657 (2013), Jonathan Rosenbloom
UIC Law Review
No abstract provided.
Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013),
2013
UIC School of Law
Putting A Price On Friendship: Examining The Ownership Battle Between A Business' Social Media Networks, And The Humans That Operate Them, 47 J. Marshall L. Rev. 745 (2013), Michael Furlong
UIC Law Review
No abstract provided.
Run Through The Wringer: How Cleaning Industry Franchisors Exploit Franchisees' Hope For An American Dream, 47 J. Marshall L. Rev. 827 (2013),
2013
UIC School of Law
Run Through The Wringer: How Cleaning Industry Franchisors Exploit Franchisees' Hope For An American Dream, 47 J. Marshall L. Rev. 827 (2013), John Dunne
UIC Law Review
No abstract provided.
Conservation Easements: Design Flaws, Enforcement Challenges, And Reform,
2013
The Catholic University of America, Columbus School of Law
Conservation Easements: Design Flaws, Enforcement Challenges, And Reform, Roger Colinvaux
Scholarly Articles
The charitable deduction for conservation easements promises a conservation benefit, lasting forever. Millions of acres have been protected by deductible conservation easements. On average over $1.5 billion are claimed in easement contributions each year, not including corporate contributions. The deduction, however, has serious problems. As use of the incentive has grown, doubts about the public benefit conveyed by conservation easements and significant enforcement difficulties have led to increased scrutiny of land trusts and to a growing chorus of calls for reform of the tax benefit and state laws governing easements. This Essay argues that it is because the tax incentive …
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries,
2013
University of Richmond School of Law
Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries, Anne T. T. Jensen
Richmond Journal of Global Law & Business
No abstract provided.
“I’M Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution Of A Dead Beneficiary’S Gift,
2013
Florida International University College of Law
“I’M Not Quite Dead Yet!”: Rethinking Anti-Lapse Redistribution Of A Dead Beneficiary’S Gift, Eloisa Rodriguez-Dod
Faculty Publications
Anti-lapse statutes create a category of substitute takers when a beneficiary prematurely dies. They are based on the legislature’s presumption of how a testator or settlor would want his property distributed in these circumstances. However, a testator’s or settlor’s intent may effectively be frustrated by this presumed intent.
This Article critically examines the tension between an individual’s autonomy and societal goals in the context of anti-lapse statutes applicable to wills and trusts. It scrutinizes the current rules of construction regarding anti-lapse statutes and identifies their deficiencies in their application to wills and trusts. This Article analyzes and identifies the deficiencies …
The Global Land Rush: Markets, Rights, And The Politics Of Food,
2013
Elisabeth Haub School of Law at Pace University
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while others are capitalizing on land as an increasingly promising source of financial returns. Proponents argue that these investments can support economic development in host states while boosting global food production. But critics charge that these “land grabs” disregard land users' rights and further marginalize already …
Dreading He Knew Not What: Masculinities, Structural Spaces, Law And The Gothic In The Castle Of Otranto, Pride And Prejudice, And Wuthering Heights,
2013
Pitzer College
Dreading He Knew Not What: Masculinities, Structural Spaces, Law And The Gothic In The Castle Of Otranto, Pride And Prejudice, And Wuthering Heights, Samantha E. Morse
Pitzer Senior Theses
This essay investigates the integral linkages between Gothic spaces and Gothic masculinities in three texts: Horace Walpole’s The Castle of Otranto (1764), Jane Austen’s Pride and Prejudice (1813), and Emily Brontë’s Wuthering Heights (1847). At the core of this examination is architecture, or more specifically, the physical constructions and built environments that comprise a man’s property. I explore how a man uses his property to construct, legitimize, and perform his identity. In the Female Gothic, the home is a place of anxiety for women, where patriarchal dominance and violence reign to constrain female agency. I argue that the home is …
