Fischel, William A., Manne, Henry G., Muth, Richard F., Berger, Curtis J., Bender, Bruce A., Rabin, Edward H., Block, Walter, Weicher, John C., Siegan, Bernard H., White, Michelle J., Komesar, Neil K., Tondro, Terry J., Johnson, M. Bruce, Ellickson, Robert C., Linneman, Peter, Hirsch, Werner Z., Olsen, Edgar O., Mixon, John, and Johnson, Corwin W.
Emory Law Journal. 1983, Vol. 32, Issue n3, pages. 767-819
Dallas Morning News, The (TX), October 3, 2008 Death Notice - Classified, 1pp
Mixon, John 61. Survived by wife, Dolores Mixon, 1 daughter and 3 grandchildren. Viewing- Friday, October 3 from 2-9 pm. Funeral- Saturday, October 4 at 1 pm. Both services will be held at Golden Gate- 4155 S. R.L. Thornton Frwy. To share tributes www. goldengatefuneralhome.com ...
Notre Dame Journal of Law, Ethics & Public Policy, 2010/01/01, Vol: 24, p327
banking law, estate, gift trust law, labor employment law, securities law, and torts
Introduction The American middle class is sandwiched between, on the one hand, an elite few whose wealth and power are beyond middle-class reach, and on the other, the despairing poor, whose plight the middle class hopes to avoid. These social divisions may be defined in terms of power, education, income, morality, or a dozen other attributes. However defined, it is neither the elite nor the poor, but the middle class whose commitments to the virtues of honesty, hard work, integrity, and community morality most fueled twentieth-century economic and institutional success. A strong middle-class belief in justice and fairness underlies the legal and political systems that protect and advance individual and community interests. Individual middle class members have little direct influence on economic, legal, and political institutions. But when institutions crash, as they did during the Great Depression and during the past two years, the middle class suffers more than either the elite or intractably poor members of society. Unlike Wall Street elites, the hard-working middle class could not sell short and profit from the downturn. 1 Unlike the destitute poor, the middle class was heavily invested in jobs, retirement funds, and homes whose values were destroyed when financial and business institutions collapsed. This article's thesis is that some blame for the institutional failures of the past two years is directly traceable to systematic and conscious replacement of the middle-class theory of virtuous person by a contrary, sociopathic, purely economic theory of person that is totally individualistic, totally self-concerned, ...
Notre Dame Journal of Law, Ethics & Public Policy, 2010/01/01, Vol: 24, p159
environmental law, governments, and real property law
I. Houston's Free Enterprise Image Is Overblown Houston has been called "the hair shirt of the city planners." 1 The profession's discomfort stems from the city's repeated rejection of land use zoning - the essential tool of their craft. 2 The unrepentant city touts itself as a model of enlightened differentness: a public-private combination that provides a better formula for managing growth in a modern city. But beneath that Chamber of Commerce gloss, 3 Houston's land use is a far cry from free enterprise in action. What this article calls "The Houston Way" combines: (1) An adamant refusal to use government power prospectively to guide growth and protect existing investment; with (2) A willingness to respond to specific developer-citizen conflicts with ad hoc solutions that assign the City Planning Commission a unique role in mediating the constant battle between homeowners and developers. Rejection of traditional land use solutions oftentimes places the city at the borderline between legal and not-so-legal regulation. A. Real Estate Developers Use City Power as an Extension of Their Private Enterprise From the day a couple of 1830s hucksters named their promotional development after the hero of Texas independence, 4 Houston has catered to real estate promoters who assumed their own financial interests unerringly reflected the public good. The self-appointed power elite got an early grip on local government, and their successors still use it to advance what they (perhaps honestly) believe is best for the city. 5 Real estate influence affects citizen voters as well ...
California Western Law Review, 2008/10/01, Vol: 45, p35
banking law, civil rights law, commercial law (ucc), contracts law, insurance law, international trade law, and real property law
I. Lawyers (but not home mortgage borrowers) Know the Difference Between Recourse and Nonrecourse Debt The Lawyers, Bob, know too much. They are chums of the books of old John Marshall. They know it all, what a dead hand wrote, A stiff dead hand and its knuckles crumbling, The bones of the fingers a thin white ash. The lawyers know a dead man's thought too well. 1 Lawyers know there are two types of mortgage obligations: recourse and nonrecourse. 2 Recourse promissory notes impose personal liability on borrowers for the total amount borrowed. 3 The mortgage pledges the land (for present purposes, a personal residence) as security. 4 If the borrower defaults, the lender can foreclose, have the land sold, and apply the proceeds to reduce the debt. 5 But the note obliges the borrower to repay the borrowed amount in full and he or she is personally liable for deficiency if foreclosure sale proceeds do not satisfy the debt. 6 The deficiency can be reduced to judgment and recorded in county records, where it hovers over the debtor for ten or more years. 7 The judgment has the practical effect of disabling the debtor from participating in the normal credit market, authorizing seizure and sale of all non-exempt assets, 8 and, where allowed, subjecting wages to garnishment. 9 Nonrecourse obligations also pledge the land, which can be sold at foreclosure and its proceeds applied to the debt, but, in contrast, impose no personal liability for deficiency ...