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Selected Works

2009

Property rights

Articles 1 - 11 of 11

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Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power Oct 2009

Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power

Garrett Power

No abstract provided.

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Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …

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Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2008 Edition., Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2008 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2008) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …

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Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions. 2009 Edition., Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2009) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …

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Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power Sep 2009

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2007, Garrett Power

Garrett Power

Constitutional Limitations on Land Use Controls, Environmental Regulations and Governmental Exactions (2007) is electronically published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in Land Use Control and Environmental Law courses. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text consists of non-copyrighted material and professors and students are free to use it in whole or part. The author requests …

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A Dilemma For Libertarianism, Karl Widerquist Jan 2009

A Dilemma For Libertarianism, Karl Widerquist

Karl Widerquist

This article presents a dilemma for libertarianism. It argues that libertarian principles of acquisition and transfer without regard for the pattern of inequality do not support a minimal state, but can lead just as well to a monarchy with full the full power of taxation without violation of self-ownership. The article considers and rejects several ways in which libertarianism might try to argue against a monarchy. Once the government ownership of property is shown to be consistent with just acquisition and transfer of property rights, monarchy, socialism, or state-managed capitalism can be seen as patterns of the distribution of property …

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Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr. Dec 2008

Pavesich, Property And Privacy: The Common Origins Of Property Rights And Privacy Rights, Michael B. Kent Jr.

Michael B. Kent Jr.

No abstract provided.

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Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo Dec 2008

Does Sustainability Require A New Theory Of Property Rights?, Carl J. Circo

Carl J. Circo

By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the traditional and economic theories of property. While the traditional property theories of Blackstone, Locke, and U.S. constitutional doctrine tolerate restrictions on private property rights for the sake of public welfare, they resist the strongest versions of sustainability, which promote generational and social justice. Similarly, an economic analysis of property recognizes the values of resource conservation and welfare for future generations, but only to the limited extent the economist can calculate future value. As a result, economic analysis may …

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Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield Dec 2008

Providing Meaningful Judicial Review Of Municipal Redevelopment Designations: Redevelopment In New Jersey Before And After Gallenthin Realty Development, Inc. V. Borough Of Paulsboro, Jonathan Marshfield

Jonathan Marshfield

This Article examines the significance of the New Jersey Supreme Court’s decision in Gallenthin Realty Development, Inc. v. Paulsboro for redevelopment and property rights in New Jersey. It suggests that Gallenthin has resulted in the revival of meaningful judicial review of municipal redevelopment designations. Specifically, the Authors contend that Gallenthin confronted two pervasive problems concerning judicial review of redevelopment designations. First, since 1947, when New Jersey adopted a constitutional provision that specifically authorized the legislature to pass laws permitting the taking of property for redevelopment of “blighted areas,” courts have unduly acquiesced to legislative and municipal interpretations of “blight.” Gallenthin …

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From “Preferred Position” To “Poor Relation:” History, Wilkie V. Robbins, And The Status Of Property Rights Under The Takings Clause, Michael B. Kent Jr. Dec 2008

From “Preferred Position” To “Poor Relation:” History, Wilkie V. Robbins, And The Status Of Property Rights Under The Takings Clause, Michael B. Kent Jr.

Michael B. Kent Jr.

This article discusses the status of constitutional property rights in light of the Supreme Court’s 2007 decision in Wilkie v. Robbins. In Wilkie, the Court rejected a property owner’s claim that he had been retaliated against by federal officials for exercising his right to resist an uncompensated taking of his property, notwithstanding its prior precedents recognizing similar claims in the context of other constitutional rights. This article suggests that Wilkie reveals an attitude among the Justices that property rights are less worthy of judicial protection than other rights guaranteed by the Constitution. Moreover, the article contrasts this attitude with that …

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Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino Dec 2008

Applying Communal Theories To Urban Property: An Anthropological Look At Using The Elaboration Of Common Property Regimes To Reduce Social Exclusion From Housing Markets, Dylan O. Malagrino

Dylan Malagrinò

The advantages of privatized property regimes and common property regimes have been debated in legal and economic discourse for ages. Although private property is prevalent in the developed world, a reading of the available anthropological literature shows that common property regimes still thrive in many parts of the developing world to maintain natural resources and to spread the risk of property ownership.
Considering the recent U.S. housing crisis and its global effect on world markets, perhaps the developed world should incorporate more communal theories to—what has now become the developed world‘s scarce resource—urban land. In fact, after a close look …

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