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Articles 1 - 30 of 31
Full-Text Articles in Entire DC Network
Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler
Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler
The Supreme Court's Heightened Review Of Land Use Exactions In Dolan V. City Of Tigard, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler
The Wet Settlement Act And The Problem Of Delayed Disbursements, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler
The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler
The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler
Lynda L. Butler
In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …
The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler
The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Proceedings Of The Water Rights Symposium, Lynda L. Butler
The Proceedings Of The Water Rights Symposium, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Governance Function Of Constitutional Property, Lynda L. Butler
The Governance Function Of Constitutional Property, Lynda L. Butler
Lynda L. Butler
Contemporary takings scholarship has devoted much attention to the problem of regulatory takings and has largely assumed that physical takings are resolved under a clear but simplistic per se rule. Under that rule, modern courts automatically find a physical taking whenever government action causes a permanent physical invasion of property, regardless of the context or the importance of the public interest. Applying this bright-line rule has proved to be difficult because it ignores the nuances of physical takings situations and the complexities of modern property arrangements. Should the physical takings concept apply to a rent control law that limits the …
The Resilience Of Property, Lynda L. Butler
The Resilience Of Property, Lynda L. Butler
Lynda L. Butler
Resilience is essential to the ability of property to face transforming social and environmental change. For centuries, property has responded to such change through a dialectical process that identifies emerging disciplinary perspectives and debates conflicting values and norms. This dialectic promotes the resilience of property, allowing it to adapt to changing conditions and needs. Today the mainstream economic theory dominating common law property is progressively being intertwined with constitutionally protected property, undermining its long-term resilience. The coupling of the economic vision of ordinary property with constitutional property embeds the assumptions, choices, and values of the economic theory into both realms …
Property As A Management Institution, Lynda L. Butler
Property As A Management Institution, Lynda L. Butler
Lynda L. Butler
No abstract provided.
The Commons Concept: An Historical Concept With Modern Relevance, Lynda L. Butler
The Commons Concept: An Historical Concept With Modern Relevance, Lynda L. Butler
Lynda L. Butler
No abstract provided.
State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler
State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Selected Recent Ethics Opinions, Lynda L. Butler
Selected Recent Ethics Opinions, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Real Estate Transactions And The Uniform Commercial Code: Methods Of Indexing Financing Statements, Lynda L. Butler
Real Estate Transactions And The Uniform Commercial Code: Methods Of Indexing Financing Statements, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Pierson V. Post And The America's Cup Litigation, Lynda L. Butler
Pierson V. Post And The America's Cup Litigation, Lynda L. Butler
Lynda L. Butler
No abstract provided.
New Tax Reporting Requirement For Closing Attorneys, Lynda L. Butler
New Tax Reporting Requirement For Closing Attorneys, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Lambert V. Barker And Lost Note Affidavits, Lynda L. Butler
Lambert V. Barker And Lost Note Affidavits, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Mullins V. Simmons: The Early Vesting Rule And The "Death Without Issue: Clause, Lynda L. Butler
Mullins V. Simmons: The Early Vesting Rule And The "Death Without Issue: Clause, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Priority Contests Involving Deeds Of Trust After Hausman V. Hausman, Lynda L. Butler
Priority Contests Involving Deeds Of Trust After Hausman V. Hausman, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler
Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler
Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler
Dolan V. City Of Tigard: Land Use Exactions After Nollan V. California Coastal Commission, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Introduction: Comparative Property Rights, Lynda L. Butler
Introduction: Comparative Property Rights, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Lynda L. Butler
Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the doctrine …
Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler
Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Barnhill V. Johnson And Payment By Check On The Eve Of Bankruptcy: Implications For The Real Estate Attorney, Lynda L. Butler
Barnhill V. Johnson And Payment By Check On The Eve Of Bankruptcy: Implications For The Real Estate Attorney, Lynda L. Butler
Lynda L. Butler
No abstract provided.
Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence
Coastal Marine Science For Law And Business Students: Preparing Law And Business Professionals To Make "Informed Decisions" About Coastal Issues, David H. Niebuhr, Lynda L. Butler, Don Rahtz, Britt E. Anderson, April N. Lawrence
Lynda L. Butler
The rigors of employment-directed undergraduate education. and decreased emphasis on "Liberal Arts" studies occurring at some colleges and universities has left many graduates with a level of scientific understanding which is inadequate to make infonned choices about issues which effect the environment. To address this lack of scientific understanding. the Chesapeake Bay National Estuarine Research Reserve (Virginia) and the Virginia Institute of Marine Science, with the Marshall-Wythe School of Law and the School of Business Administration of the College of William and Mary are developing a Coastal Ecosystem Science Program to teach future law and business professionals the basics of …