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A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard 2013 John Marshall Law School

A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

For centuries the Rule Against Perpetuities provided protection against a pair of dangers: that important stocks of property would become, effectively, permanently inalienable as a result of perpetual conditional gifts; and that the dead would be permitted to control the destinies of the living by placing permanent conditions on the fixed stock of available wealth (i.e., land wealth). In recent decades, though, the states have increasingly abandoned the Rule and its protections. As of 2011 all states have migrated, at least in part, beyond the traditional "twenty-one-years- plus-life-in-being" rule, and more than half have actually or effectively abolished their rules, …


The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins 2013 John Marshall Law School

The Lawyer Who Built Titletown: Gerald Clifford, The Green Bay Packers And Community Ownership, 14 U. Denv. Sports & Ent. L.J. 3 (2013), Maureen Collins

UIC Law Open Access Faculty Scholarship

No abstract provided.


Property Rights And Modern Energy, Troy A. Rule 2013 University of Missouri School of Law

Property Rights And Modern Energy, Troy A. Rule

Faculty Publications

This short article, written for a joint program of the Natural Resources and Energy Law and Property Law Sections of the American Association of Law Schools at the Association’s 2013 Annual Meeting, offers some general guidelines for adjusting property rights regimes to accommodate new energy innovations. This article suggests that, when feasible, policy actions that merely clarify ambiguities in existing law are often the simplest and most cost-effective way to respond when important technological advancements place pressure on longstanding property structures. When such policies are inadequate or unavailable, the most equitable and efficient adjustments to property arrangements tend to be …


Cross-Border Collective Redress In The European Union: Constitutional Rights In The Face Of The Brussels I Regulation, S. I. Strong 2013 University of Missouri School of Law

Cross-Border Collective Redress In The European Union: Constitutional Rights In The Face Of The Brussels I Regulation, S. I. Strong

Faculty Publications

This article considers the various issues associated with the creation of a system of collective relief in a region that has traditionally been hostile to the provision of large-scale private litigation. In so doing, the discussion focuses on the clash between certain constitutional rights relating to the ability of the plaintiff to choose the time, place and manner of bringing suit and the European Union’s primary form of legislation concerning cross-border procedure, Council Regulation 44/2001 on jurisdiction and on recognition and enforcement of civil and commercial judgments, commonly known as the Brussels I Regulation.


Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery 2013 John Marshall Law School

Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery

UIC Law Open Access Faculty Scholarship

While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …


Eminent Domain For The Seizure Of Underwater Mortgages, Sarah Thompson 2013 University of Michigan Law School

Eminent Domain For The Seizure Of Underwater Mortgages, Sarah Thompson

University of Michigan Journal of Law Reform Caveat

Like many cities in the United States, Richmond, California suffered greatly from the recent mortgage crisis. The foreclosure crisis hit Richmond hard in 2009, when more than 2,000 homes in Richmond went into foreclosure. This figure is especially shocking given that there were 18,659 owner-occupied housing units in the city at that time. In 2012, the city saw an additional 914 foreclosures and a foreclosure rate of thirty out of 1,000 homes (well above the national average of thirteen of every 1,000 homes). Today, it is reported that nearly forty-six percent of homes in Richmond are “underwater,” meaning that what …


Cross-Border Collective Redress And Individual Participatory Rights: Quo Vadis?, S. I. Strong 2013 University of Missouri School of Law

Cross-Border Collective Redress And Individual Participatory Rights: Quo Vadis?, S. I. Strong

Faculty Publications

This article fills a critical gap in the commentary by undertaking a rights-based analysis of the various issues that arise in cases involving large-scale international litigation, focusing in particular on the Brussels I Regulation and what may be called ‘individual participatory rights’. In so doing, the discussion considers the nature and scope of individual participatory rights in collective litigation as well the ways in which these rights should be weighed and considered. Although the analysis is set in the context of European procedural law, this discussion is of equal relevance to parties outside the European Union, either because they will …


The Paradoxes Of Restitution, Mark A. Edwards 2013 Mitchell Hamline School of Law

The Paradoxes Of Restitution, Mark A. Edwards

Faculty Scholarship

Restitution following mass dispossession is often considered both ideal and impossible. Why? This article identifies two previously unnamed paradoxes that undermine the possibility of restitution.

First, both dispossession and restitution depend on the social construction of rights-worthiness. Over time, people once considered unworthy of property rights ‘become’ worthy of them. However, time also corrodes the practicality and moral weight of restitution claims. By the time the dispossessed ‘become’ worthy of property rights, restitution claims are no longer practically or morally viable. This is the time-unworthiness paradox.

Second, restitution claims are undermined by the concept of collective responsibility. People are sometimes …


Courts, Capacity And Engagement: Lessons From Hlophe V. City Of Johannesburg, Brian E. Ray 2013 Cleveland State University

Courts, Capacity And Engagement: Lessons From Hlophe V. City Of Johannesburg, Brian E. Ray

Law Faculty Articles and Essays

The case was one of the first applying the Constitutional Court’s holding in City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another, (2) BCLR 150 (CC) (1 December 2011) (Blue Moonlight) that municipalities have an independent obligation to plan and budget for the emergency accommodation needs of people evicted from private property. The City also was the defendant in that case, and so its repeated failures to accommodate the occupants in Hlophe demonstrated a broader failure to implement the planning, budget and policy requirements that flowed from Blue Moonlight. Judge Satchwell recognised this and issued …


A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena 2013 Seton Hall Law

A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena

Student Works

No abstract provided.


The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond 2013 John Marshall Law School

The Evolving Role For Transactional Attorneys Responding To Client Needs In Adapting To Climate Change, 47 J. Marshall L. Rev. 543 (2013), Celeste M. Hammond

UIC Law Review

No abstract provided.


Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph MacDougald, Peter Kochenburger 2013 UIC School of Law

Insurance And Climate Change, 47 J. Marshall L. Rev. 719 (2013), Joseph Macdougald, Peter Kochenburger

UIC Law Review

No abstract provided.


Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell 2013 Mississippi College School of Law

Forty (Plus) Years After The Revolution: Observations On The Implied Warranty Of Habitability, Donald E. Campbell

Journal Articles

The implied warranty of habitability has been called the “most prominent result” of the revolution in tenant rights that arose in the 1960s and 1970s. How has the revolution fared after forty-plus years? How have courts responded to the shift from examining the landlord-tenant relationship under the doctrines of contract in the place of property law? This article examines some of the issues that courts are addressing today with regard to the implied warranty of habitability. The article will begin with a historical discussion of the warranty’s rise to provide context for how truly revolutionary its adoption was. Then, jumping …


Conservation Easements And The "Term Creep" Problem, Michael Allan Wolf 2013 University of Florida Levin College of Law

Conservation Easements And The "Term Creep" Problem, Michael Allan Wolf

UF Law Faculty Publications

This Essay first discusses the “term creep” problem that has long plagued the Anglo-American common law of real property, that is, the tendency of common law courts (and in turn commentators and legislators) to use the same label to describe two or more conceptually discrete, though related, concepts. The confusion between easements of the “traditional” and “conservation” varieties is just one in a long line of situations in which the decision to allow often significantly dissimilar concepts to share the same name has led to unfortunate consequences. The second part of the Essay explains the substantive nature of the hybrids …


The Increasing Privatization Of Environmental Permitting, Jessica Owley 2013 University of Miami School of Law

The Increasing Privatization Of Environmental Permitting, Jessica Owley

Articles

No abstract provided.


The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster 2013 University of Arkansas at Little Rock William H. Bowen School of Law

The Hands Of The State: The Failure To Vacate Statute And Residential Tenants’ Rights In Arkansas, Lynn Foster

Law Faculty Scholarship

Two recent independent reports have revealed that Arkansas's residential landlord-tenant law is significantly out of balance with that of other states and, moreover, is arguably unconstitutional in part. How did this come about, and why is Arkansas so different?


Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster 2013 University of Arkansas at Little Rock William H. Bowen School of Law

Statutory Foreclosures In Arkansas: The Law And Recent Developments, Lynn C. Foster

Law Faculty Scholarship

No abstract provided.


0814: C. H. Freeman Collection, 1877-1977, Marshall University Special Collections 2013 Marshall University

0814: C. H. Freeman Collection, 1877-1977, Marshall University Special Collections

Guides to Manuscript Collections

Papers related to the C.H. Freeman estate. Zubah and C.H. Freeman had many investments such as the Yawkey and Freeman Coal Company and the Freeman Estates. This collection contains contract agreements for property purchases of the Estates, a contour map of what seems to be the Freeman’s country residence, and correspondences between Zubah and realtors. This collection also houses some of Zubah’s family documents including old letters, registers of visitors from Klingel-Carpenter Mortuary, and Paul and Ricky Ray’s basketball documents.


Governing The Post-Socialist Transitional Commons: A Case From Rural China, Shitong Qiao 2013 Duke Law School

Governing The Post-Socialist Transitional Commons: A Case From Rural China, Shitong Qiao

Faculty Scholarship

When the collective declines, who manages the collective-owned land? When the socialist state fails, who possesses the state-owned river? This Article concerns the governance of land and natural resources that are still owned by collectives or the state in rural China. No effective community governance has evolved in rural China to fill the authority vacuum left by the dissolution of the people’s commune system. As a result, such land and natural resources have become real commons. In describing these I use the term “transitional commons” to indicate both the crucial influence of the transitional political legal environment in their emergence …


Sharing The Wealth, James J. Kelly Jr. 2013 Notre Dame Law School

Sharing The Wealth, James J. Kelly Jr.

Journal Articles

This review of the textbook, "Community Economic Development Law" (Aspen 2013), written by Susan Bennett, Brenda Bratton Blom, Louise Howells and Deborah Kenn, appeared in the Vol. 22, No.1 issue of the Journal of Affordable Housing and Community Economic Development Law.


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