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8,389 full-text articles. Page 78 of 163.

Land Development & Commercial Real Estate Problems (Volume I): 2018-19, Morton G. Gross 2019 Osgoode Hall Law School of York University

Land Development & Commercial Real Estate Problems (Volume I): 2018-19, Morton G. Gross

Osgoode Course Casebooks

Course number: 5160.03


Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester 2019 Marquette University Law School

Questions Of Trust, Betrayal, And Authorial Control In The Avant-Garde: The Case Of Julius Eastman And John Cage, Toni Lester

Marquette Intellectual Property Law Review

This article explores how the idea of trust-based dialogue can give us an alternative understanding about the nature of authorial control and inter-pretation across identity-based differences. Part One will discuss the respective personal stories, philosophies, and competing historical understandings that influenced Cage’s creation of Solo and Eastman’s interpretation thereof. Part Two will offer definitions of trust and communication from the fields of feminist relational psychology, philosophy, and law. Throughout Part Two, I will reflect on the extent to which a trust-based dialogue could have taken place between Cage and Eastman. My general sense is that the answer is “no.” Both …


Property And Equity In Trademark Law, Mark P. McKenna 2019 Marquette University Law School

Property And Equity In Trademark Law, Mark P. Mckenna

Marquette Intellectual Property Law Review

This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.

I have written a lot about this narrative over the course of my career—I think it is overly simplistic, and in some ways, wrong. Trademark law has al-ways protected marks as …


The Use Of Automatic Collateral Evaluation Products In Residential Mortgage Transactions: Big Banks Use Them As Bait To Trap Consumers Into Risky Mortgages, 52 Uic J. Marshall L. Rev. 395 (2019), Roksana Gallus 2019 UIC School of Law

The Use Of Automatic Collateral Evaluation Products In Residential Mortgage Transactions: Big Banks Use Them As Bait To Trap Consumers Into Risky Mortgages, 52 Uic J. Marshall L. Rev. 395 (2019), Roksana Gallus

UIC Law Review

No abstract provided.


A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer 2019 UIC School of Law

A Rational Nexus Approach To Workforce Housing Land Development Conditions, 52 Uic J. Marshall L. Rev. 647 (2019), James Nicholas, Julian Juergensmeyer

UIC Law Review

No abstract provided.


Repurposing Golf Courses And Other Amenities That Burden The Land: Covenants Running Forever – A Transactional Perspective, 52 Uic J. Marshall L. Rev. 603 (2019), Celeste Hammond 2019 UIC School of Law

Repurposing Golf Courses And Other Amenities That Burden The Land: Covenants Running Forever – A Transactional Perspective, 52 Uic J. Marshall L. Rev. 603 (2019), Celeste Hammond

UIC Law Review

No abstract provided.


Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig 2019 UIC School of Law

Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 Uic J. Marshall L. Rev 677 (2019), Richard Roddewig

UIC Law Review

No abstract provided.


Private Covenants, Public Laws, And The Financial Future Of Condominiums, 52 Uic J. Marshall L. Rev 715 (2019), Evan McKenzie 2019 UIC School of Law

Private Covenants, Public Laws, And The Financial Future Of Condominiums, 52 Uic J. Marshall L. Rev 715 (2019), Evan Mckenzie

UIC Law Review

No abstract provided.


Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies 2019 UIC School of Law

Public And Private Land Development Conditions: An Overview, 52 Uic J. Marshall L. Rev 747 (2019), David Callies

UIC Law Review

No abstract provided.


An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese 2019 UIC School of Law

An Inflection Point For Affordable Housing: The Promise Of Inclusionary Mixed-Use Redevelopment, 52 Uic J. Marshall L. Rev. 581 (2019), Paula Franzese

UIC Law Review

No abstract provided.


Energy And Eminent Domain, James W. Coleman, Alexandra B. Klass 2019 Southern Methodist University, Dedman School of Law

Energy And Eminent Domain, James W. Coleman, Alexandra B. Klass

Faculty Journal Articles and Book Chapters

This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme Court’s controversial decision in Kelo v. City of New London in 2005 but are now under increased scrutiny. This Article evaluates why U.S. energy transport projects have become so controversial and suggests how states and the federal government should evaluate the need for eminent domain for these projects and enact appropriate reforms. We first detail the significant changes …


Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French 2019 UIC School of Law

Inflection Point: Private Land Use Covenants, The Housing Crisis, And The Warming Planet, 52 Uic J. Marshall L. Rev 741 (2019), Susan French

UIC Law Review

No abstract provided.


Not For The Taking: Murr V. Wisconsin And The Denominator Problem, Colton L. Adams 2019 University of Kentucky

Not For The Taking: Murr V. Wisconsin And The Denominator Problem, Colton L. Adams

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Limiting Lessons From Property: Reimagining The Public Domain In The Image Of The Public Trust Doctrine, Deirdré A. Keller 2019 Ohio Northern University

Limiting Lessons From Property: Reimagining The Public Domain In The Image Of The Public Trust Doctrine, Deirdré A. Keller

Kentucky Law Journal

No abstract provided.


Land Development & Commercial Real Estate Problems (Volume Ii): 2018-19, Morton G. Gross 2019 Osgoode Hall Law School of York University

Land Development & Commercial Real Estate Problems (Volume Ii): 2018-19, Morton G. Gross

Osgoode Course Casebooks

Course number: 5160.03


Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks 2019 Wayne State University

Yesterday I Was Lying: Creeping Preclusion Of Reciprocal Fee Awards In Residential Foreclosure Litigation, Eric A. Zacks, Dustin A. Zacks

Law Faculty Research Publications

No abstract provided.


Real Property, J. Richard White, Amanda Grainger, G. Roland Love 2019 Winstead PC

Real Property, J. Richard White, Amanda Grainger, G. Roland Love

SMU Annual Texas Survey

No abstract provided.


Recreational Rights To The Dry Sand Beach In Florida: Property, Custom And Controversy, Alyson C. Flournoy, Thomas T. Ankersen, Sasha Alvarenga 2019 University of Florida Levin College of Law

Recreational Rights To The Dry Sand Beach In Florida: Property, Custom And Controversy, Alyson C. Flournoy, Thomas T. Ankersen, Sasha Alvarenga

UF Law Faculty Publications

At the close of the 2018 legislative session Florida Governor Rick Scott signed HB 631 into law. Included in the bill, which addressed a number of issues relating to actions for ejectment from real property, was an amendment to the Florida Community Planning Act entitled “Establishment of Recreational Customary Use.” The new statute immediately created a sandstorm of controversy as the media seized on what many in the public perceived to be a land grab over the public’s right to recreate on Florida’s sandy beaches. As it turns out, the story is considerably more nuanced, and neither the advocates on …


Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps 2019 University of Miami School of Law

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Articles

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to "public" monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an …


Law And Neighborhood Names, Nestor M. Davidson, David Fagundes 2019 Fordham Law School

Law And Neighborhood Names, Nestor M. Davidson, David Fagundes

Faculty Articles

This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in fields such as geography and sociology has emerged on the significance of place names, but this literature has largely ignored the legal dimensions of the phenomenon and its implications for urban governance, belonging, and community conflict. This Article’s empirical exploration of the role of law in change and conflict regarding neighborhood identity thus advances the discourse both for legal scholars focused on urban dynamics and across disciplines.

From gentrification …


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