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Full-Text Articles in Law
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Maryland Law Review
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
Maryland Law Review
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. …
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Maryland Law Review
No abstract provided.
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Maryland Law Review
No abstract provided.
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Maryland Law Review
During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Maryland Law Review
No abstract provided.