Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (26)
- University of Michigan Law School (7)
- Florida International University College of Law (6)
- Maurer School of Law: Indiana University (6)
- Columbia Law School (4)
-
- American University Washington College of Law (3)
- Fordham Law School (3)
- New York Law School (3)
- Notre Dame Law School (3)
- University of Pennsylvania Carey Law School (3)
- Georgetown University Law Center (2)
- Seattle University School of Law (2)
- University of Missouri School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- University of Richmond (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Brooklyn Law School (1)
- Cornell University Law School (1)
- HELIN Consortium (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Santa Clara Law (1)
- Southern Methodist University (1)
- UC Law SF (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of the Pacific (1)
- Keyword
-
- United States (15)
- Supreme Court (12)
- Courts (9)
- Fifth Amendment (8)
- California (7)
-
- Endangered Species Act (4)
- Federalism (4)
- Takings Clause (4)
- Compensation (3)
- Congress (3)
- ESA (3)
- Lucas v. South Carolina Coastal Council (3)
- New York Law School (3)
- Property rights (3)
- Regulatory takings (3)
- Roger J Miner (3)
- U.S. Supreme Court (3)
- United States Supreme Court (3)
- Water rights (3)
- Bankruptcy cases (2)
- Bankruptcy decisions (2)
- Burden of proof (2)
- Case law (2)
- Constitution (2)
- Critical habitat designation (2)
- Due Process Clause (2)
- Economic loss (2)
- Eminent domain (2)
- Expert evidence (2)
- Fairness (2)
- Publication
-
- Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15) (23)
- Faculty Scholarship (11)
- Faculty Publications (10)
- Articles (6)
- Articles by Maurer Faculty (6)
-
- All Faculty Scholarship (3)
- Articles in Law Reviews & Other Academic Journals (3)
- Journal Articles (3)
- Faculty Articles (2)
- Faculty Works (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Law Faculty Publications (2)
- Other Publications (2)
- Publications (2)
- Scholarly Works (2)
- Cornell Law Faculty Publications (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Working Papers (1)
- Judges (1)
- Law Review Addresses (1)
- Library Archive (1)
- McGeorge School of Law Scholarly Articles (1)
- Popular Media (1)
- Tributes & Testimonials (1)
- UF Law Faculty Publications (1)
- Water Organizations in a Changing West (Summer Conference, June 14-16) (1)
Articles 1 - 30 of 91
Full-Text Articles in Law
Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer
Revolution In Courtroom Technology Presents Opportunity And Risk, Fredric I. Lederer
Popular Media
No abstract provided.
A Study Of The Rhode Island Court System
A Study Of The Rhode Island Court System
Library Archive
This report contains general observations and eighty-one specific recommendations for strengthening the administration of the judicial system. It covers issues of governance, budgeting, personnel, purchasing, financial practices and staff support. Also included is an analysis of the fiscal year 1994 budget, as enacted, for the judiciary.
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Presidential Power: Should Bill Clinton Be Immune From Lawsuits On Allegations Of Past Acts?, Susan Low Bloch
Georgetown Law Faculty Publications and Other Works
When former Arkansas state employee Paula Jones filed her complaint against Bill Clinton she joined a small group of women who have publicly accused men in high-profile positions of sexual harassment.
A classic "he said, she said" story? We may never know, if the president is able to argue successfully that his office shields him from liability for actions occurring prior to assuming it. On June 27, his lawyer, Robert Bennett, asked a federal court to delay action, and said he would be filing a separate motion in August on the issue.
The defense is based on the 1982 case …
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Justice Defined - It Takes More Than A Single Opinion To Understand How Legal Reasoning And Personal Experience Shape A 24-Year Career, Richard C. Reuben
Faculty Publications
With his retirement in June after participating in more than 800 cases - including his career-identifying 7-2 opinion in Roe v. Wade legalizing abortion - the definition of Harry Blackmun's tenure lies in the seeming contradiction of commitment and flexibility. Along with a steadfast defense of the right to abortion in Roe, 410 U.S. 113 (1973), and successive cases, Blackmun's significance was in the power of his vote. Often overlooked in the public's emphasis on Roe is an appreciation of Blackmun's reflective, methodical, if not occasionally pointed, jurisprudence.
Pushing The Law To Encompass The Reality Of Our Families: Protecting Lesbian And Gay Families From Eviction From Their Homes - Braschi'S Functional Definition Of Family And Beyond, Paris R. Baldacci
Articles
No abstract provided.
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
"Presumptions And Burdens Of Proof As Tools For Legal Stability And Change, Tamar Frankel
Faculty Scholarship
Presumptions and burdens of proof are used, among other purposes, to maintain legal stability and at the same time effect change. By imposing the burden of proof on the party asserting a certain outcome, courts can calibrate burdens of proof and substantive rules until experience points to rule retention or amendment. As agents of change, presumptions and burdens of proof are far more flexible and less brittle than rules.1
This Article tells the story of presumptions and burdens of proof in litigation between corporate shareholders and managements. This litigation is replete with volatile presumptions and innovative burdens of proof, …
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Takings And Water Rights [Includes Unsigned Annotations By David Getches], David H. Getches
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
13 pages (includes 1 illustration).
Includes unsigned annotations by David Getches.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
43 pages.
Contains references.
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
42 pages (includes illustrations and map).
Contains endnotes.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages (includes 1 map).
Contains footnotes.
Mining Regulation And Takings, Mark Squillace
Mining Regulation And Takings, Mark Squillace
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains footnotes.
The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Contains footnotes.
Mining Regulation And Takings, L. Thomas Galloway
Mining Regulation And Takings, L. Thomas Galloway
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
6 pages.
Property Rights And Public Resources, Mark L. Pollot
Property Rights And Public Resources, Mark L. Pollot
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
The Endangered Species Act And Constitutional Takings, Robert Meltz
The Endangered Species Act And Constitutional Takings, Robert Meltz
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
18 pages.
Contains references.
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
“Takings” And The Endangered Species Act, Oliver A. Houck
“Takings” And The Endangered Species Act, Oliver A. Houck
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
3 pages.
The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose
The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
7 pages.
Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler
Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
4 pages.
City Of Tigard And Takings Law, Richard D. Lazarus
City Of Tigard And Takings Law, Richard D. Lazarus
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains 1 page of references.
Takings And Retroactivity, Jan G. Laitos
Takings And Retroactivity, Jan G. Laitos
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Contains references.
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains 3 pages of references.
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.
Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
52 pages.
Contains footnotes.
Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water Organizations In A Changing West, University Of Colorado Boulder. Natural Resources Law Center
Water Organizations in a Changing West (Summer Conference, June 14-16)
Conference organizers, faculty and/or moderators included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches and James N. Corbridge, Jr.
Water organizations in the western United States range from small, traditional acequia associations to large metropolitan water suppliers. What do these vastly different kinds of organizations have in common? All are feeling the pressures of change in the region--growing urban populations, environmental concerns, and calls for public participation.
This year's summer program will examine how water organizations are adapting to these pressures for change. Speakers drawn from urban, agricultural, and community organizations will share their experiences …