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| Preface | |
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| Introduction | |
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| What Is Property? | |
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| Relations Among People Regarding Valued Resources | |
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| Ownership v. Bundles of Rights | |
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| Individual Entitlement v. Property as a System | |
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| Regulation v. Construction of a Property System | |
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| Legal Relations | |
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| Core Tensions Within Property Law | |
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| Right to Exclude v. Right of Access | |
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| Privilege to Use v. Security from Harm | |
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| Power to Transfer v. Limits on Disaggregation | |
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| Immunity from Loss v. Power to Acquire | |
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| Recurring Themes | |
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| Rule Choices, Hard Cases, and Competing Arguments | |
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| Social Context | |
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| Formal v. Informal Sources of Rights | |
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| The Alienability Dilemma | |
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| Contractual Freedom and Minimum Standards | |
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| Systemic Norms | |
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| Theories of Property | |
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| Normative Approaches | |
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| Justificatory Norms | |
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| The Right to Exclude and the Right of Access | |
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| Trespass and Public Accommodations Law | |
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| Introduction | |
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| Excluding or Admitting People | |
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| Private Property (Closed to the Public) | |
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| Shared Use or Possession | |
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| Public Accommodations (Open to the Public) | |
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| Common Law Limits on the Right to Exclude | |
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| Consent | |
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| Estoppel | |
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| Necessity | |
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| Public Policy or Social Need | |
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| Prescription | |
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| Objects | |
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| Encroaching Structures | |
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| Vegetation and Trees | |
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| Aviation | |
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| Pollution | |
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| Animals | |
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| Public Accommodations Laws | |
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| Title II of the Civil Rights Act of 1964 | |
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| Civil Rights Act of 1866 | |
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| Americans with Disabilities Act of 1990 | |
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| State Laws | |
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| Free Speech Rights of Access to Private Property | |
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| United States Constitution | |
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| State Constitutions | |
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| Labor Laws | |
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| Public Trust Doctrine | |
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| Relationships Among Neighbors | |
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| Nuisance | |
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| Introduction | |
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| Private Nuisance | |
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| Test | |
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| Remedies | |
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| Types of Nuisances | |
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| Public Nuisance | |
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| Water Rights | |
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| Diffuse Surface Water (Flooding) | |
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| Streams and Lakes | |
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| Groundwater | |
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| Support Rights | |
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| Lateral Support | |
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| Subjacent Support | |
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| Light and Air | |
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| Adverse Possession | |
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| Introduction | |
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| Elements | |
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| Actual Possession | |
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| Open and Notorious | |
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| Exclusive | |
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| Continuous | |
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| Adverse or Hostile | |
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| For the Statutory Period | |
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| Under Color of Title | |
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| Justifications for Adverse Possession | |
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| Typical Cases | |
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| Color of Title | |
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| Border Disputes | |
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| Squatters | |
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| Cotenants | |
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| Procedures and Effects of Adverse Possession | |
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| Level of Proof Required | |
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| Effect on Prior Encumbrances | |
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| Claims Against the Government | |
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| Informal Transfers of Title to Settle Boundary Disputes | |
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| Improving Trespasser | |
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| Dedication | |
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| Oral Agreement | |
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| Acquiescence | |
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| Estoppel | |
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| Adverse Possession of Personal Property | |
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| Licenses and Easements | |
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| Introduction | |
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| Licenses | |
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| Implied Easements | |
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| Easement by Estoppel | |
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| Constructive Trust | |
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| Implied From Prior Use | |
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| Necessity | |
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| Prescriptive Easements | |
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| Express Easements | |
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| Formal Requirements to Create | |
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| Substantive Limitations | |
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| Running with the Land (Appurtenant v. In Gross) | |
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| Scope, Location, and Extension of Appurtenant Easements | |
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| Scope and Apportionment of Easements in Gross | |
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| Terminating Easements | |
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| Covenants | |
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| Introduction | |
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| Formal Requirements | |
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| Writing | |
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| Notice | |
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| Intent to Run | |
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| Privity of Estate | |
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| Substantive Requirements | |
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| Touch and Concern | |
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| Enforcement in Gross | |
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| Implied Reciprocal Negative Servitudes | |
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| Remedies | |
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| Interpretation of Ambiguous Covenants | |
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| Public Policy Limitations | |
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| Racial Restrictions | |
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| Unreasonable Restraints on Alienation | |
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| Unreasonable Restraints on Competition | |
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| Public Policy | |
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| Modifying or Terminating Covenants | |
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| Changed Conditions | |
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| Relative Hardship | |
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| Conduct of the Parties | |
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| Statutory Regulation | |
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| Common Ownership | |
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| Present Estates and Future Interests | |
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| Introduction | |
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| Fee Simple | |
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| Defeasible Fees | |
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| Fee Simple Determinable/Possibility of Reverter | |
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| Fee Simple Subject to Condition Subsequent/Right of Entry | |
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| Fee Simple Subject to Executory Limitation/Executory Interest | |
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| Life Estates | |
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| Remainders and Reversions | |
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| Contingent and Vested Remainders | |
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| Destructibility of Contingent Remainders | |
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| Doctrine of Worthier Title | |
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| Rule in Shelley's Case | |
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| Trusts | |
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| Interpretation of Ambiguous Conveyances | |
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| Presumption Against Forfeitures | |
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| Waste | |
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| Cy pres | |
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| Changed Conditions | |
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| Regulatory Rules | |
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| Abolition of Fee Tail | |
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| Restrictions on New Estates | |
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| Unreasonable Restriants on Alienation | |
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| Rule Against Perpetuities | |
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| Racial Restrictions | |
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| Restraints on Marriage | |
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| Public Policy | |
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| Judicial Sale of Property Subject to Future Interests | |
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| Concurrent Ownership | |
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| Introduction | |
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| Ownership in Common | |
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| Tenancy in Common | |
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| Joint Tenancy | |
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| Tenancy by the Entirety | |
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| Interpretation of Ambiguities | |
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| Rights and Obligations of Cotenants | |
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| Partition | |
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| Joint Management | |
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| Contribution for Repairs and Maintenance | |
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| Rental Benefits and Obligations | |
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| Leasing | |
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| Adverse Possession | |
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| Common Interest Communities | |
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| Condominiums | |
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| Cooperatives | |
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| Affordable Housing Arrangements | |
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| Business Property | |
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| Partnerships | |
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| Corporations | |
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| Franchises | |
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| Nonprofit Organizations | |
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| Governmental Ownership | |
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| Family Property | |
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| Introduction | |
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| Historical Background | |
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| Dower and Curtesy | |
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| Married Women's Property Acts | |
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| Marital Property | |
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| Separate Property | |
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| Community Property | |
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| Tenancy by the Entirety | |
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| Unmarried Couples | |
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| Male-Female Couples | |
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| Same-Sex Couples | |
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| Parents and Children | |
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| Inheritance | |
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| Wills and Will Substitutes | |
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| Intestate Succession | |
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| Regulation of the Market for Shelter | |
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| Leaseholds | |
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| Introduction | |
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| Distinguishing Leaseholds from Other Interests | |
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| Types of Tenancies (Leasehold Estates) | |
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| Term of Years | |
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| Periodic Tenancy | |
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| Tenancy at Will | |
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| Tenancy at Sufferance | |
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| Tenant's Obligations and Landlord's Remedies | |
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| Tenant's Duty to Pay Rent | |
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| Tenant's Duty to Operate | |
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| Illegality | |
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| Landlord's Remedies | |
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| Landlord's Obligations and Tenant's Remedies | |
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| Landlord's Duty to Deliver Possession | |
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| Security Deposits | |
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| Actual Eviction | |
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| Antieviction Laws | |
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| Rent Control | |
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| Tenant's Right to Habitable Premises | |
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| Constructive Eviction | |
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| Housing Codes | |
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| Implied Warranty of Habitability | |
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| Retaliatory Eviction | |
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| Landlord's Tort Liability | |
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| Consumer Protection Laws | |
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| Lead Paint Laws | |
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| Transfers by Landlord or Tenant | |
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| Landlord's Right to Transfer the Reversion | |
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| Tenant's Rights to Assign or Sublet | |
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| Real Estate Transactions | |
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| Introduction | |
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| Brokers | |
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| Sales Contract (Purchase and Sale Agreement) | |
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| The Attorney's Role | |
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| Statute of Frauds | |
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| What Constitutes Breach | |
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| Remedies for Breach | |
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| Risk of Loss During Executory Period | |
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| Death of a Contracting Party | |
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| Mistake | |
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| Deeds and Title Protection | |
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| Formal Requirements | |
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| Substantive Requirements | |
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| Title Covenants | |
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| Marketable Title Acts | |
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| Recording Acts | |
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| Title Insurance | |
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| Title Registration | |
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| Real Estate Finance | |
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| Mortgages | |
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| Installment Land Contracts | |
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| Equitable Mortgages | |
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| Fair Housing Law | |
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| Introduction | |
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| Intentional Racial or National Origin Discrimination | |
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| U.S. Constitution | |
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| Fair Housing Act of 1968 | |
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| Civil Rights Act of 1866 | |
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| Sex Discrimination | |
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| Disability Discrimination | |
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| Familial Status Discrimination | |
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| Families with Children | |
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| Marital Status | |
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| Religious Discrimination | |
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| Sexual Orientation Discrimination | |
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| Disparate Impact Claims | |
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| Race | |
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| Sex | |
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| Disability | |
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| Familial Status | |
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| Religion | |
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| National Origin | |
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| Economic Discrimination | |
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| Intentional Wealth-based Discrimination | |
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| Exclusionary Zoning | |
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| The Right to Be Somewhere: Homelessness and Loitering Laws | |
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| Public Land Use Planning | |
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| Land Use Regulation | |
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| Introduction | |
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| Planning Process | |
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| Federal, State, and Local Regulation | |
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| Zoning Enabling Acts | |
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| Comprehensive Plan | |
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| Zoning Ordinance | |
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| Board of Adjustment or Board of Zoning Appeals | |
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| Zoning Laws | |
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| Lot and Building Regulations | |
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| Use Regulation | |
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| Special Exceptions | |
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| Contract or Conditional Zoning | |
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| Floating Zones | |
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| Overlay Zones | |
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| Protection of Pre-Existing Property Rights | |
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| Prior Nonconforming Uses | |
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| Variances | |
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| Vested Rights | |
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| Rezoning: Limits on Preferential Zoning | |
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| Conformity with Comprehensive Plan | |
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| Spot Zoning | |
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| Nonzoning Land Use Controls | |
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| Building and Housing Codes | |
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| Subdivision Regulations | |
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| Growth Management and Regional Planning | |
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| Historic Landmarks | |
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| Environmental Protection | |
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| Telecommunications Towers | |
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| Constitutional Limits on Land Use Regulations | |
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| First Amendment | |
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| Procedural Due Process | |
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| Substantive Due Process | |
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| Equal Protection | |
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| Regulatory Takings | |
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| Introduction | |
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| Historical Background | |
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| Before 1922 | |
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| 1922 to 1978 | |
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| After 1978 | |
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| "Categorical" Takings | |
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| Core Property Rights | |
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| Deprivation of all Economically Viable Use | |
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| Vested Rights | |
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| General Balancing Test | |
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| Character of Government Action | |
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| Economic Impact (Diminution in Value) | |
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| Interference with Reasonable Investment-backed Expectations | |
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| Fairness and Justice | |
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| Judicial Takings | |
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| Exactions | |
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| Takings Legislation | |
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| "Public Use" Requirement | |
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| U.S. Constitution | |
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| State Constitutions | |
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| Remedies for Regulatory Takings | |
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| Just Compensation | |
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| Procedures | |
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| Tribal Property | |
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| Tribal Property | |
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| American Indian Property | |
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| Introduction | |
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| Tribal Title | |
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| Original Indian Title (Aboriginal Title) | |
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| Recognized Title | |
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| Executive Order Title | |
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| Individual Title | |
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| Restricted Trust Allotments | |
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| Assignments | |
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| Compensability | |
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| Original Indian Title | |
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| Recognized Title | |
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| Executive Order Title | |
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| Restricted Trust Allotments | |
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| Protection of Tribal Possession | |
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| Restraint on Alienation | |
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| Extinguishment | |
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| Reparations | |
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| Indian Claims Commission Act | |
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| Eastern Land Claims | |
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| Land Claims Settlement Acts | |
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| Breach of Trust Claims | |
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| Native American Graves Protection and Repatriation Act | |
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| Tribal Easements | |
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| Hunting and Fishing Rights | |
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| Water Rights | |
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| Personal and Intellectual Property | |
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| Personal and Intellectual Property | |
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| Introduction | |
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| Personal Property | |
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| Wild Animals | |
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| Finders | |
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| Gifts | |
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| Bailments | |
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| Good Faith Purchasers | |
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| Adverse Possession | |
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| Accession and Fixtures | |
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| Intellectual Property | |
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| Copyright | |
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| Patents | |
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| Trademarks | |
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| Unfair Competition | |
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| Publicity Rights | |
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| Moral Rights of Artists | |
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| Cultural Property | |
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| Human Bodies | |
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| Table of Cases | |
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| Tables of Statutes | |
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| Table of Restatements | |
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| Index | |