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Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan 2019 Selected Works

Ohio Landlord-Tenant Reform Revisited, Edward G. Kramer, Marilyn Tobocman, Kenneth J. Kowalski, James Buchanan

Kenneth Kowalski

The "gentle readers" may be surprised by the analogy suggested between the reform of landlord-tenant law and the experience of Alice and the Queen. However, the events surrounding the enactment of Amended Substitute Senate Bill 103 were as perplexing as those in Lewis Carroll's story. Those opposing real reform, principally the real estate industry, were successful in weakening the proposed legislation. Consequently, the primary goal of the sponsors of landlord-tenant legislation in Ohio was not met by the legislation finally enacted. As this Article will demonstrate, the interpretation of the Act by the courts of Ohio has proven true ...


A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris 2019 Allard School of Law at the University of British Columbia

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city should pay ...


Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George 2019 South Texas College of Law Houston

Not Everybody Loves Raymond: How The Case Of Raymond V. Raymond Made A Shambles Of Interspousal Gift Presumptions And The Parol Evidence Rule In Matters Of Texas Community Property, Pamela E. George

St. Mary's Law Journal

Abstract forthcoming


Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood

Nevada Supreme Court Summaries

The Court determined that (1) implied payment obligations for common elements, contained in the property declaration, can provide adequate notice and create a common-interest community; and (2) NRS 116.3101(1) does not apply to common-interest communities formed before 1992, therefore the unit-owners’ association does not need to be organized before or at the time the first unit is conveyed.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen 2019 Seattle University School of Law

David V. Goliath: How The Replacement Of A Commercial Real Estate Agent's Common Law Duty Of Undivided Loyalty With Washington State's More-Limited Statutory Obligations Advantages Landlords To The Detriment Of Commercial Tenants, Peter Smirniotopoulos, Ryan Mathisen

Seattle University Law Review

As the fastest-growing urban area in the United States—and due to its emerging national influence in commercial real estate development and leasing through transformational transactions such as Amazon’s recently completed national HQ2 search—the City of Seattle and related Washington State laws addressing the use of dual agency in commercial transactions present a unique backdrop for examining the findings and recommendations from a 2014 commercial real estate conflicts of interest research study and attendant report, described below, more than four years after its publication. In November 2014, a published research study report made a number of key observations ...


Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand 2019 Selected Works

Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand

James Van Nostrand

This Article will review the constitutional limitations that come into play when a state seeks to rehabilitate its failed electric utility restructuring plan. Under the Constitution, utilities are entitled to earn a reasonable return on the assets devoted to public service. A situation in which retail rates are frozen may result in denial of a compensatory return if the electric utility is incurring higher costs to generate or procure its power supply. This is the traditional "takings" argument based on the Fifth Amendment to the Constitution, as applied to the states under the Fourteenth Amendment. Apart from this commonly asserted ...


Property As/And Constitutional Settlement, Timothy Zick 2019 William & Mary Law School

Property As/And Constitutional Settlement, Timothy Zick

Timothy Zick

No abstract provided.


Property's Constitution, James Y. Stern 2019 William & Mary Law School

Property's Constitution, James Y. Stern

James Y. Stern

Long-standing disagreements over the definition of property as a matter of legal theory present a special problem in constitutional law. The Due Process and Takings Clauses establish individual rights that can be asserted only if “property” is at stake. Yet the leading cases interpreting constitutional property doctrines have never managed to articulate a coherent general view of property, and in some instances have reached opposite conclusions about its meaning. Most notably, government benefits provided in the form of individual legal entitlements are considered “property” for purposes of due process but not takings doctrines, a conflict the cases acknowledge but do ...


Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern 2019 William & Mary Law School

Right On Time: First Possession In Property And Intellectual Property, Dotan Oliar, James Y. Stern

James Y. Stern

How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common denominator is time: in each context, doctrine involves a trade-off between assigning entitlements to resources earlier or later in the process of their development and use. Early awards risk granting exclusivity to parties who may not be capable of putting resources to their best use. Late awards prolong contests for ownership, which may generate waste or discourage acquisition efforts ...


Property, Exclusivity, And Jurisdiction, James Y. Stern 2019 William & Mary Law School

Property, Exclusivity, And Jurisdiction, James Y. Stern

James Y. Stern

No abstract provided.


14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern 2019 William & Mary Law School

14th Brigham-Kanner Property Rights Conference: Challenges To The Western Idea Of Property, Tony Arnold, Kristen Carpenter, Angela Riley, Mark Savin, James Y. Stern

James Y. Stern

No abstract provided.


Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern 2019 William & Mary Law School

Podcast Episode 24 – Professor James Stern Discusses Knick V. Township Of Scott, Clint Schumacher, James Y. Stern

James Y. Stern

Welcome to Episode 24 of the Eminent Domain Podcast. We have a great episode for you that we are calling “A Review of Knick v. Township of Scott.” Our guest today is Professor James Stern of the William & Mary Law School. Professor Stern is uniquely qualified to talk about the Knick case as both a current property law professor and a former U.S. Supreme Court clerk.


When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud 2019 William & Mary Law School

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Ronald H. Rosenberg

No abstract provided.


Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata 2019 William & Mary Law School

Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Ronald H. Rosenberg

No abstract provided.


The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg 2019 William & Mary Law School

The Changing Culture Of American Land Use Regulation: Paying For Growth With Impact Fees, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata 2019 William & Mary Law School

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Ronald H. Rosenberg

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights ...


Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein 2019 William & Mary Law School

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

Ronald H. Rosenberg

No abstract provided.


Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg 2019 William & Mary Law School

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg

Ronald H. Rosenberg

No abstract provided.


Property Rights And Intrabrand Restraints, Alan J. Meese 2019 William & Mary Law School

Property Rights And Intrabrand Restraints, Alan J. Meese

Alan J. Meese

Intrabrand restraints limit the discretion of one or more sellers-usually dealers-with respect to the disposition of a product sold under a single brand. While most scholars believe that such contracts can help assure optimal promotion of a manufacturer's products, there is disagreement about the exact manner in which such restraints accomplish this objective. Many scholars believe that such restraints themselves induce dealers to engage in promotional activities desired by the manufacturer. Others believe that such restraints merely serve as "performance bonds," which dealers will forfeit if they fail to follow the manufacturer's precise promotional instructions. Some scholars reject ...


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