Taking Title to Servient Tenements

This article addresses how to protect clients who are acquiring property from taking it subject to easements that may not be recorded and may not be evident from the current physical appearance of the property

Taking Title to Servient Tenements

This article addresses how to protect clients who are acquiring property from taking it subject to easements that may not be recorded and may not be evident from the current physical appearance of the property

Post-capitalist property

When writing about property and property rights in his imagined post-capitalist society of the future, Marx seemed to envisage ‘individual property’ co-existing with ‘socialized property’ in the means of production. As the social and political consequences of faltering growth and increasing inequality, debt and insecurity gradually manifest themselves, and with automation and artificial intelligence lurking in the wings, the future of capitalism, at least in its current form, looks increasingly uncertain. With this, the question of what property and property rights might look like in the future, in a potentially post-capitalist society, is becoming ever more pertinent. Is the choice simply between private property and markets, and public (state-owned) property and planning? Or can individual and social property in the (same) means of production co-exist, as Marx suggested? This paper explores ways in which they might, through an examination of the Chinese household responsibility system (HRS) and the ‘fuzzy’ and seemingly confusing regime of land ownership that it instituted. It examines the HRS against the backdrop of Marx’s ideas about property and subsequent (post-Marx) theorizing about the legal nature of property in which property has come widely to be conceptualized not as a single, unitary ‘ownership’ right to a thing (or, indeed, as the thing itself) but as a ‘bundle of rights’. The bundle-of-rights idea of property, it suggests, enables us to see not only that ‘individual’ and ‘socialized’ property’ in the (same) means of production might indeed co-exist, but that the range of institutional possibility is far greater than that between capitalism and socialism/communism as traditionally conceived

School Health Services for Handicapped Children: The Door Opens No Further: \u3ci\u3eIrving Independent School District v. Tatro\u3c/i\u3e, 104 S. Ct. 3371 (1984)

I. Introduction II. Background: The Education for All Handicapped Children Act and Supreme Court Interpretation Prior to Tatro ... A. The EAHCA ... B. Hendrick Hudson District Board of Education v. Rowley ... 1. The Court\u27s Definition of Appropriate Education ... 2. Scope of Judicial Review of Educational Decisions ... C. Concerns of Educators and Parents after Rowley III. The Tatro Decision ... A. Administrative and Lower Court Action ... B. The Supreme Court Opinion IV. The Tatro Decision\u27s Contribution to EAHCA Interpretation and Application ... A. Questions Answered by Tatro ... B. Questions Tatro Did Not Answer and New Grey Areas ... 1. Meaningful Access and Some Benefit ... 2. The Court\u27s Conflicting Attitudes toward Schools\u27 Financial Burdens ... 3. Reliance on State Medical Practice Statutes ... C. Smith v. Robinson V. Conclusio

Property Cases and Statutes, Second Edition

This new first-year casebook is a unique blend of cases and real-world problems. The authors — nationally known for bridging the gap between theory and practice and collectively possessing more than 150 semesters of teaching first-year property — have created a book using thoughtful decisions by judges wrestling with contemporary problems. This casebook concentrates on issues that are meaningful to students today as learners and will be vital to them later as attorneys. The authors have selected opinions that are intelligible as well as concise, so as to be quickly understood. Scarce class time is thereby made available to apply those rules to contemporary problems. Excerpts from opinions in related cases, statutes, and relevant articles follow each primary case to provide comprehensive overviews of every topic. The second edition includes a number of new decisions and features extensive prefacing to the cases, giving students greater guidance as to their significance.https://digitalcommons.law.ggu.edu/monographs/1021/thumbnail.jp