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Articles 61 - 72 of 72
Full-Text Articles in Entire DC Network
A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke
A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke
William & Mary Bill of Rights Journal
Over the past decade, courts have wrestled with state employees 'private legal remedy for a violation of the Fair Labor Standards Act. As a result of the decisions in Seminole Tribe v. Florida and Alden v. Maine, state employees lost their right to sue for such violations. This note examines the dilemma faced by employees who find themselves without a path of recourse against state employers. It concludes that both Seminole Tribe and Alden should be overturned because the decisions leave state employees with no realistic remedy
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
William & Mary Environmental Law and Policy Review
No abstract provided.
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
William & Mary Environmental Law and Policy Review
No abstract provided.
The Morality Of Regulation, Loren A. Smith
The Morality Of Regulation, Loren A. Smith
William & Mary Environmental Law and Policy Review
No abstract provided.
Takings And Causation, Jan G. Laitos
Takings And Causation, Jan G. Laitos
William & Mary Bill of Rights Journal
Constitutional protection of private property is grounded in a conflict between two legal principles--the government's power to regulate private property for the common good and the Constitution's limit on this power in the Takings Clause. The Takings Clause's check on government power conforms to John Rawls's philosophy, which rejects the utilitarian beliefs that government may act to achieve* the "good" of maximizing human happiness and that government can force people to trade certain political liberties for an improved distribution of wealth. Under Rawls's theory, the principle of "justice as fairness" limits a government's ability to require some people to bear …
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
William & Mary Environmental Law and Policy Review
No abstract provided.
Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh
Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh
William & Mary Environmental Law and Policy Review
No abstract provided.
The Liberty Impact Of The New Property, Charles A. Reich
The Liberty Impact Of The New Property, Charles A. Reich
William & Mary Law Review
No abstract provided.
Between A Rock And A Hard Place: Surface Mining On The Severed Estate - A Legislative Proposal
Between A Rock And A Hard Place: Surface Mining On The Severed Estate - A Legislative Proposal
William & Mary Law Review
No abstract provided.
Products Liability - Lender Liability For Defective Home Construction - Connor V. Great Western Savings And Loan Association 69 Cal. 2d 887, 447 P.2d 609, 73 Cal. Rptr. 369 (1968)., Bruce E. Titus
William & Mary Law Review
No abstract provided.
The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg
The Schemes Of Adventuresses: The Abolition And Revival Of Common-Law Marriage, Charlotte K. Goldberg
William & Mary Journal of Race, Gender, and Social Justice
Common-law marriage is about to go the way of the buggy whip. In 2005, Pennsylvania abolished common-law marriage and other state legislatures are considering following Pennsylvania's lead. Even if common-law marriage is abolished in all states, the problem of unmarried cohabitants seeking property rights arising from their relationships will still challenge the courts. In particular, because most claimants are women, the perception of them as either an "adventuress" or a "virtuous wife" will often determine whether they will attain shared property rights.
This article uses the California experience as an illustration of the evolution of the law from the abolition …