October 2006
Monthly Archive
Property Law #31: Zoning I Monday, Oct 23 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 1:17 am
We turn our attention from private land controls to public land controls. Specifically, we will be looking at a concept called zoning, the constitutionality of which was upheld by this episode’s case.
Village of Euclid v. Ambler Realty Co.
Canadian Constitutional Law #4: Legislative and Executive Powers Friday, Oct 20 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 9:39 pm
In this episode, I explain why in Canada the executive and legislative branches are fused, and look at how they operate in relation to one another. I then discuss the Roncarelli case and the Imperial Tobacco case as examples of how rule of law may or may not be used to constrain government power.
British Columbia v. Imperial Tobacco Canada Ltd. (2005)
Roncarelli v. Duplessis (1946)
Property Law #30: Servitudes II Wednesday, Oct 4 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 2:21 am
We continue and conclude our discussion of servitudes by focusing on the touch and concern requirement.
Neponsit Property Owners’ Association, Inc. v. Emigrant Industrial Savings Bank
Caullett v. Stanley Stilwell & Sons, Inc.
Property Law #29: Servitudes I Wednesday, Oct 4 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 2:21 am
A servitude is a generic term for negative easements, real covenants, and equitable servitudes. Servitudes impose restrictions and burdens on land owners, while also bringing a reciprocal benefit. Most homeowner association regulations are enforced via servitudes.
Tulk v. Moxhay
Sanborn v. McLean
Canadian Constitutional Law #3: History Wednesday, Oct 4 2006
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 2:20 am
Why did Papineau stage an armed rebellion? Who is Lord Durham, and why do they no longer show those old Canadian Heritage Moments on TV? All this and more in Canadian Constitutional Law #3! In this episode I outline the historical background and major legislation leading up to confederation in 1867.
Royal Proclaimation 1763
Quebec Act 1774
Constitutional Act 1791
Lord Durham’s Report 1839
The Union Act, 1840