It compiles because MSVC has a non-standard compliant “extension” that allows binding non-const references to temporaries.
The first example should not compile on a standards compliant compiler.
In the second example, you are taking the address of a temporary to set the value of a pointer. This should also result in an error.
Clang 3.2 produces:
error: taking the address of a temporary object of type ‘Foo’ [-Waddress-of-temporary]
while GCC 4.7.3 produces
error: taking address of temporary [-fpermissive]