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A Bundle of Rights
A BUNDLE OF RIGHTS 17 U.S.C. § 106 (2004) Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. __________ A. THE DISTRIBUTION RIGHT 17 U.S.C. § 109 (2004) (a) Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Notwithstanding the preceding sentence, copies or phonorecords of works subject to restored copyright under section 104A that are manufactured before the date of restoration -
What Is So Special About Intangible Property? the Case for Intelligent Carryovers Richard A
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2010 What Is So Special about Intangible Property? The Case for intelligent Carryovers Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Richard A. Epstein, "What Is So Special about Intangible Property? The asC e for intelligent Carryovers" (John M. Olin Program in Law and Economics Working Paper No. 524, 2010). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 524 (2D SERIES) What Is So Special about Intangible Property? The Case for Intelligent Carryovers Richard A. Epstein THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2010 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection. WHAT IS SO SPECIAL ABOUT INTANGIBLE PROPERTY? THE CASE FOR INTELLIGENT CARRYOVERS by Richard A. Epstein* ABSTRACT One of the major controversies in modern intellectual property law is the extent to which property rights conceptions, developed in connection with land or other forms of tangible property, can be carried over to different forms of property, such as rights in the spectrum or in patents and copyrights. -
Standing with a Bundle of Sticks: the All Substantial Rights Doctrine in Action
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 28 XXVIII Number 3 Article 1 2018 Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Mark J. Abate Goodwin Procter LLP, [email protected] Christopher J. Morten Goodwin Procter LLP, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Mark J. Abate and Christopher J. Morten, Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action, 28 Fordham Intell. Prop. Media & Ent. L.J. 477 (2018). Available at: https://ir.lawnet.fordham.edu/iplj/vol28/iss3/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Standing with a Bundle of Sticks: The All Substantial Rights Doctrine in Action Cover Page Footnote *Mark Abate, a Partner at Goodwin Procter LLP, concentrates his practice on trials and appeals of patent infringement cases, and has particular expertise in matters involving electronics, computers, software, financial systems, and electrical, mechanical, and medical devices. He has tried cases to successful conclusions in U.S. district courts and the U.S. International Trade Commission and has argued appeals before the U.S. Court of Appeals for the Federal Circuit. He is the former President of both the New York Intellectual Property Law Association and the New Jersey Intellectual Property Law Association, and is a board member of the Federal Circuit Historical Society. -
Guidance Note
Guidance note The Crown Estate – Escheat All general enquiries regarding escheat should be Burges Salmon LLP represents The Crown Estate in relation addressed in the first instance to property which may be subject to escheat to the Crown by email to escheat.queries@ under common law. This note is a brief explanation of this burges-salmon.com or by complex and arcane aspect of our legal system intended post to Escheats, Burges for the guidance of persons who may be affected by or Salmon LLP, One Glass Wharf, interested in such property. It is not a complete exposition Bristol BS2 0ZX. of the law nor a substitute for legal advice. Basic principles English land law has, since feudal times, vested in the joint tenants upon a trust determine the bankrupt’s interest and been based on a system of tenure. A of land. the trustee’s obligations and liabilities freeholder is not an absolute owner but • Freehold property held subject to a trust. with effect from the date of disclaimer. a“tenant in fee simple” holding, in most The property may then become subject Properties which may be subject to escheat cases, directly from the Sovereign, as lord to escheat. within England, Wales and Northern Ireland paramount of all the land in the realm. fall to be dealt with by Burges Salmon LLP • Disclaimer by liquidator Whenever a “tenancy in fee simple”comes on behalf of The Crown Estate, except for In the case of a company which is being to an end, for whatever reason, the land in properties within the County of Cornwall wound up in England and Wales, the liquidator may, by giving the prescribed question may become subject to escheat or the County Palatine of Lancaster. -
Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings: First English Evangelical Lutheran Church V
Nebraska Law Review Volume 67 | Issue 2 Article 8 1988 Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings: First English Evangelical Lutheran Church v. Los Angeles County, 107 S. Ct. 2378 (1987) Joseph C. Vitek University of Nebraska College of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Joseph C. Vitek, Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings: First English Evangelical Lutheran Church v. Los Angeles County, 107 S. Ct. 2378 (1987), 67 Neb. L. Rev. (1988) Available at: https://digitalcommons.unl.edu/nlr/vol67/iss2/8 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Note Inverse Condemnation and Compensatory Relief for Temporary Regulatory Takings FirstEnglish Evangelical Lutheran Church v. Los Angeles County, 107 S. Ct. 2378 (1987) TABLE OF CONTENTS I. Introduction ............................................... 435 II. Background Cases ......................................... 437 III. Facts of FirstEnglish Church ............................. 439 IV. Analysis ................................................... 441 A. Ripeness for Review .................................. 441 B. The Just Compensation Requirement ................. 444 1. Physical Occupation, Regulatory, and Temporary -
A General Overview of the Treatment of Intellectual Property Licenses in Bankruptcy by Bruce Buechler, Esq
A General Overview of the Treatment of Intellectual Property Licenses in Bankruptcy By Bruce Buechler, Esq. Lowenstein Sandler LLP Editor's Note: The views expressed in this article are solely those of the author and do not reflect those of Lowenstein Sandler LLP or any of its clients. n a bankruptcy case, a debtor has the ability to assume In addition, section 365(c) of the Bankruptcy Code provides I(i.e., affirm) or reject (i.e., disavow) executory contracts that when applicable non-bankruptcy law prohibits a and unexpired leases. A debtor’s ability to assume or reject contract’s assignment, it may not be assumed or assigned by an executory contract or unexpired lease is recognized as a debtor without the permission of the non-debtor counter- one of the primary purposes and essential tools available to party to the contract. Thus, in connection with licenses of a debtor under the Bankruptcy Code. The Bankruptcy Code intellectual property, section 365 is fraught with difficulties. allows a debtor to keep in place favorable contracts, and Intellectual property contracts can consist of, among other discard and relieve it of burdensome contracts, and thus things, technology licenses, patents, copyrights, trademarks avoid future performance obligations under such contracts. and/or trade secrets. If the debtor assumes a contract, it can compel the non- debtor contract party to continue to perform. Likewise, a In determining whether an intellectual property agreement is debtor has the ability to assume and assign (i.e., sell) the an “executory contract” within the meaning of section 365(c) contract to a third party, notwithstanding most provisions and, therefore, potentially subject to assumption, many in a contract or lease, that would prohibit or restrict the courts make a distinction as to whether the agreement is an assignment of such lease or contract. -
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg
REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Real Estate Law Outline LESSON 1 Pg Ownership Rights (In Property) 3 Real vs Personal Property 5 . Personal Property 5 . Real Property 6 . Components of Real Property 6 . Subsurface Rights 6 . Air Rights 6 . Improvements 7 . Fixtures 7 The Four Tests of Intention 7 Manner of Attachment 7 Adaptation of the Object 8 Existence of an Agreement 8 Relationships of the Parties 8 Ownership of Plants and Trees 9 Severance 9 Water Rights 9 Appurtenances 10 Interest in Land 11 Estates in Land 11 Allodial System 11 Kinds of Estates 12 Freehold Estates 12 Fee Simple Absolute 12 Defeasible Fee 13 Fee Simple Determinable 13 Fee Simple Subject to Condition Subsequent 14 Fee Simple Subject to Condition Precedent 14 Fee Simple Subject to an Executory Limitation 15 Fee Tail 15 Life Estates 16 Legal Life Estates 17 Homestead Protection 17 Non-Freehold Estates 18 Estates for Years 19 Periodic Estate 19 Estates at Will 19 Estate at Sufferance 19 Common Law and Statutory Law 19 Copyright by Tony Portararo REV. 08-2014 1 REAL ESTATE LAW LESSON 1 OWNERSHIP RIGHTS (IN PROPERTY) Types of Ownership 20 Sole Ownership (An Estate in Severalty) 20 Partnerships 21 General Partnerships 21 Limited Partnerships 21 Joint Ventures 22 Syndications 22 Corporations 22 Concurrent Ownership 23 Tenants in Common 23 Joint Tenancy 24 Tenancy by the Entirety 25 Community Property 26 Trusts 26 Real Estate Investment Trusts 27 Intervivos and Testamentary Trusts 27 Land Trust 27 TEST ONE 29 TEST TWO (ANNOTATED) 39 Copyright by Tony Portararo REV. -
Rent Court for Landlords
TIP28 Rent Court for Landlords If your case is about commercial property, talk to a lawyer. Frequently-used Terms . Landlord: The person or business that owns and leases housing to other people. Tenant: The person or group of people who rent and live in a property. Eviction: The removal of a tenant from rental property by the landlord as the result of a legal judgment. Rent ledger: A written record of rent money paid by the tenant that you must maintain. Include date, amount paid, method of payment, and any outstanding balance. Service or service of process: How tenants are notified that a case has been filed with the court. The court or Sheriff will mail copies of the court notice. The Sheriff’s Department will also post a copy of the notice on the door of the property. Right of redemption. The right to redeem the property and cancel an eviction by paying all rent due, plus costs, before the Sheriff executes the eviction. This is sometimes called “pay and stay.” . Warrant of restitution. This court document indicates that the court authorizes an eviction. If rent is not paid and the judge signs the warrant, the warrant is forwarded to the Sheriff’s Department to schedule an eviction. Licensing. Many areas in Maryland require a landlord to get a housing registration license before renting residential property to a tenant. You may be required to file a lead certificate. Maryland law requires owners of rental properties built before 1978 to register their units with the Maryland Department of the Environment (MDE). -
US States and Territories Modifying
U.S. States and Territories Modifying Licensure Requirements for Physicians in Response to COVID-19 (Out-of-state physicians in-person practice; license renewals) Last Updated: September 15, 2021 States with Waivers: 22 + DC + GU + USVI States with Waivers, not allowing new applications: 0 States without Waivers (or closed waivers): 28 States allowing OOS physicians long-term or permanent privileges: 4 + CNMI + PR On January 28, 2021, HHS announced the fifth amendment to the Public Readiness and Emergency Preparedness (PREP) Act, authorizing any healthcare provider who is licensed or certified in a state to prescribe, dispense, or administer COVID-19 vaccines in any other state or U.S. territory. The amendment also authorizes any physician, registered nurse, or practical nurse whose license or certification expired within the past five years to partake in the immunization effort, but first must complete a CDC Vaccine Training and an on-site observation period by a currently practicing healthcare professional. State Note Citation • The Alabama Board of Medical Examiners and the Medical Licensure Commission have adopted emergency administrative rules and procedures allowing for the emergency ALBME Press Release licensing of qualified medical personnel. These measures will allow physicians and physician assistants who possess full and unrestricted medical licenses from appropriate medical licensing agencies to apply for and receive temporary emergency licenses to Board of Med Guidance practice in Alabama for the duration of the declared COVID-19 health emergency. • Re: renewals - The Board and Commission recognize the difficulty licensees may have meeting the annual continuing medical education requirement in 2020 due to the public Temporary Emergency health emergency. -
License Interest Transfer Application
Michigan Department of Licensing and Regulatory Affairs Business ID: Liquor Control Commission (MLCC) Toll-Free: 866-813-0011 - www.michigan.gov/lcc Request ID: License Interest Transfer Application (For MLCC Use Only) (Authorized under MCL 436.1529) For information on licenses and permits, including a checklist of required documents for a completed application, please visit the Liquor Control Commission's frequently asked questions website by clicking this link. Part 1 - Licensee Information Individuals, please state your legal name. Corporations or Limited Liability Companies, please state your name as it is filed with the State of Michigan Corporation Division. Licensee name(s): Address: City: Zip Code: Federal Employer Identification Number (FEIN): 1. Are you transferring interest between existing stockholders, members, or partners ONLY? Yes No 2. Are you transferring interest to a new stockholder, member, or partner? Yes No 3. Are you transferring more than 10% of the total interest in the license(s)? Yes No • If you answered "Yes" to question 1, complete Parts 2, 3, 5, 6, and 7. If you have your own purchase, assignment, or transfer agreement , you may submit the documents instead of completing Part 3. • If you answered "Yes" to question 2, complete Parts 2, 3, 4, 5, 6, and 7. If you have your own purchase, assignment, or transfer agreement , you may submit the documents instead of completing Part 3. • If you answered "Yes" to question 3, a full investigation by the Enforcement Division may be required for the completion of this request. Part 2 - Inspection, License, and Permit Fees - Make checks payable to State of Michigan Inspection Fees - MCL 436.1529(4) requires that a nonrefundable inspection fee of $70.00 per license shall be paid to the Commission by an applicant or licensee at the time of filing a request for approval of the transfer in any licensing year of any of the shares of stock in a corporation from 1 person to another, or any part of the total interest in a licensed limited partnership from 1 person to another. -
Real & Personal Property
CHAPTER 5 Real Property and Personal Property CHRIS MARES (Appleton, Wsconsn) hen you describe property in legal terms, there are two types of property. The two types of property Ware known as real property and personal property. Real property is generally described as land and buildings. These are things that are immovable. You are not able to just pick them up and take them with you as you travel. The definition of real property includes the land, improvements on the land, the surface, whatever is beneath the surface, and the area above the surface. Improvements are such things as buildings, houses, and structures. These are more permanent things. The surface includes landscape, shrubs, trees, and plantings. Whatever is beneath the surface includes the soil, along with any minerals, oil, gas, and gold that may be in the soil. The area above the surface is the air and sky above the land. In short, the definition of real property includes the earth, sky, and the structures upon the land. In addition, real property includes ownership or rights you may have for easements and right-of-ways. This may be for a driveway shared between you and your neighbor. It may be the right to travel over a part of another person’s land to get to your property. Another example may be where you and your neighbor share a well to provide water to each of your individual homes. Your real property has a formal title which represents and reflects your ownership of the real property. The title ownership may be in the form of a warranty deed, quit claim deed, title insurance policy, or an abstract of title. -
Considerations in Drafting Settlement and License Agreements—Part I
Considerations in Drafting Settlement and License Agreements—Part I By Paul Morico Previously published in the February issue of Intellectual Property and Technology Journal As any intellectual property (IP) attorney who has practiced for a number of years knows, drafting settlement and license agreements takes some skill. Most outside counsel do not have a lot of experience drafting such agreements, and even many in-house counsels only draft such agreements periodically. For those who have drafted more than a few such agreements, you know that it takes a lot of patience and, most importantly, requires great attention to detail. There are many provisions that need to be covered in these types of agreements, but equally important to making sure that all of the “bases are covered” is making sure that each of the clauses are comprehensive. The reason it is important for such agreements to be so comprehensive is that the goal of both types of agreements is to avoid future litigation. In some sense, pre-litigation license agreements can be thought of as a pre-nuptial agreement. In the case of a settlement agreement, the parties already have been in litigation and the goal is to keep the parties from going back to litigation. Because many IP settlement agreements contain many of the same terms found in a license agreement and because settlement agreements have some unique aspects to them, the first part of this article focuses initially on license agreements. The second part of this article, which will appear in an upcoming issue of the Intellectual Property & Technology Law Journal, will address issues unique to settlement agreements.