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Articles 1 - 30 of 146
Full-Text Articles in Law
Tort Reform & The Takings Clause, Bailey D. Barnes
Tort Reform & The Takings Clause, Bailey D. Barnes
Buffalo Law Review
The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.
A Takings …
Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum
Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum
Buffalo Law Review
Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their doorsteps far sooner than originally anticipated, a prospect for which policymakers and legal scholars are presently unprepared.
Global and national demographic change threaten to cause far-reaching dislocations, and local municipalities, too, will be asked to reckon with the aftermath. Yet local governance in the United States has long …
Temporary Eminent Domain, Amnon Lehavi
Temporary Eminent Domain, Amnon Lehavi
Buffalo Law Review
Times of emergency call for drastic measures. These steps may include the physical takeover of privately-owned assets by the government for a certain period of time and for various purposes, aimedat addressing the state of emergency. When will such acts amount to a taking, and what compensation should be paid to the property owner? How do temporary physical appropriations during times of emergencydiverge, if at all, from temporary takeovers in more ordinary times?
The doctrinal and theoretical analysis of potential temporary takings has been done mostly in the context of non-physical government intervention with private property, such as when a …
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Buffalo Law Review
In 2018’s Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment’s Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers’ building, maintaining, and failing to maintain the seventy-six mile long navigational channel known as the Mississippi River-Gulf Outlet (MRGO), which increased the surge storms of Hurricane Katrina. Though MRGO helped turn Katrina into a superstorm that devastated thousands of properties, Judge Dyk determined that the lower court’s takings analysis …
Reconceptualizing Entrenched Notions Of Common Law Property Regimes: Maori Self-Determination And Environmental Protection Through Legal Personality For Natural Objects, Bridget Williams
Buffalo Environmental Law Journal
No abstract provided.
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Journal Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …
Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo
Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo
Journal Articles
On September 11, 2001, United Airlines Flight 93 — one of the four airplanes hijacked that day — crashed into a vacant parcel of land in rural Pennsylvania, killing all on board. For many, including family members of those killed in the attack and the Park Service that now manages the national memorial at the site, the former strip mine was transformed into ‘sacred’ ground. Unable to settle on a price with the landowner, in 2009 the government took the property through eminent domain. Focusing on the ongoing effort in United States of America v. 275.81 Acres of Land to …
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
Buffalo Law Review
No abstract provided.
Fixing Fuller: Securing Just Compensation For Private Beneficiaries Of Federal Grazing Lands, Matthew C. Piccolo
Fixing Fuller: Securing Just Compensation For Private Beneficiaries Of Federal Grazing Lands, Matthew C. Piccolo
Buffalo Environmental Law Journal
No abstract provided.
I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent
I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent
Buffalo Law Review
No abstract provided.
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Buffalo Law Review
No abstract provided.
Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey
Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey
Buffalo Environmental Law Journal
No abstract provided.
Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez
Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez
Buffalo Law Review
No abstract provided.
The Louisiana Road Home Program: A Path Of Unintended Consequences, Everett Fineran
The Louisiana Road Home Program: A Path Of Unintended Consequences, Everett Fineran
Buffalo Public Interest Law Journal
No abstract provided.
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan
Journal Articles
No abstract provided.
Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell
Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell
Buffalo Environmental Law Journal
No abstract provided.
Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown
Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown
Buffalo Law Review
No abstract provided.
What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke
What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke
Buffalo Law Review
No abstract provided.
I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman
I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman
Buffalo Women's Law Journal
No abstract provided.
When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick
When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick
Buffalo Law Review
No abstract provided.
"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth
"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth
Buffalo Law Review
No abstract provided.
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
Journal Articles
No abstract provided.
A Comparison Of U.S.-Canadian Excess Condemnation, Expropriation And Property Taking: A Valid Form Of Governmental Recoupment Of Added Value, Andrew Bechard
A Comparison Of U.S.-Canadian Excess Condemnation, Expropriation And Property Taking: A Valid Form Of Governmental Recoupment Of Added Value, Andrew Bechard
In the Public Interest
No abstract provided.
The Adverse Possession Of Personal Property, Patty Gerstenblith
The Adverse Possession Of Personal Property, Patty Gerstenblith
Buffalo Law Review
No abstract provided.
Hartog's New York And The Ideology Of Public And Private, Elizabeth B. Mensch
Hartog's New York And The Ideology Of Public And Private, Elizabeth B. Mensch
Book Reviews
Review of H. Hartog, Public Property and Private Power
Destruction Of Community, Richard Lewis
The Takings Clause: Principles Or Politics?, Leslie Bender
The Takings Clause: Principles Or Politics?, Leslie Bender
Buffalo Law Review
No abstract provided.
Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner
Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner
Buffalo Law Review
No abstract provided.
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Buffalo Law Review
No abstract provided.
Access To The Sun: A Legal Survey, Lawrence D. Engle
Access To The Sun: A Legal Survey, Lawrence D. Engle
In the Public Interest
No abstract provided.