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Touro Law Review

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Full-Text Articles in Law

The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer Jun 2014

The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer

Touro Law Review

This article reviews recent federal court decisions that have loosened the state litigation ripeness barrier to federal takings review based on its “prudential” character. Part II provides relevant background on Williamson County and the development of the state litigation rule. It explores the logic underlying the rule and the problems it causes in application. Part III reviews the judicial shift away from a jurisdictional understanding of the state litigation rule—under which compliance with the rule is a prerequisite to a court’s power to hear a takings claim—to a prudential view in which application of the state litigation rule lies within …


The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger Jun 2014

The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger

Touro Law Review

No abstract provided.


Supreme Court, New York County Stringfellow's Of New York Ltd. V. City Of New York Jan 1997

Supreme Court, New York County Stringfellow's Of New York Ltd. V. City Of New York

Touro Law Review

No abstract provided.


The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer Jan 1995

The Supreme Court's Land Use Decisions, Hon. Leon D. Lazer

Touro Law Review

No abstract provided.


Due Process Jan 1993

Due Process

Touro Law Review

No abstract provided.


There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham Jan 1993

There Goes The Neighborhood: The Evolution Of "Family" In Local Zoning Ordinances, William Graham

Touro Law Review

No abstract provided.


Equal Protection Jan 1993

Equal Protection

Touro Law Review

No abstract provided.


Preemption Of Local Law By State Legislature Jan 1992

Preemption Of Local Law By State Legislature

Touro Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.