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Full-Text Articles in Law
The Limits Of Lochnerism, Lucien Ferguson
The Limits Of Lochnerism, Lucien Ferguson
William & Mary Bill of Rights Journal
The Lochnerism thesis is among the most influential constitutional theories to emerge in recent years. It argues that the judiciary increasingly protects private business from public regulation by enshrining and expanding liberty of contract rights under the First Amendment. Using 303 Creative LLC v. Elenis as a case study, this Essay explores the limits of Lochnerism as a theoretical framework. It argues that, while productively illuminating the judiciary’s attack on the administrative state and democratic processes, the theory may also displace concerns over the concrete harms experienced by vulnerable communities. To bring these harms back into view, this Essay suggests …
Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 12, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Importance of Property Rights
September 29-30, 2022
Panel 1: The Importance of Property Rights: A Tribute to James S. Burling
Panel 3: Roundtable: Emerging Issues in Takings and Property Rights Litigation
Featured Authors (Burling, Kanner, and Valois)
Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet
Blockchain Real Estate And Nfts, Juliet M. Moringiello, Christopher K. Odinet
William & Mary Law Review
Non-fungible tokens (popularly known as NFTs) and blockchains are frequently promoted as the solution to a multitude of property ownership problems. The promise of an immutable blockchain is often touted as a mechanism to resolve disputes over intangible rights, notably intellectual property rights, and even to facilitate quicker and easier real estate transactions.
In this Symposium Article, we question the use of distributed ledger technologies as a method of facilitating and verifying the transfer of physical assets. As our example of an existing transfer method, we use real property law, which is characterized by centuries-old common law rules regarding fractionalized …
Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Role of Empirical Research
September 30-October 1, 2021
Panel 1: The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been
Panel 2: The Relationship Between Eminent Domain and Social and Racial Injustice
Panel 3: The Interdependence of Property and First Amendment Rights
Panel 4: The Distributional Implications of Land Use Regulation
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal
Where Theory Meets Practice
October 1-2, 2020
Panel 1: Where Theory Meets Practice: A Tribute to Henry E. Smith
Panel 2: The Housing Crisis
Lunch Roundtable: Emerging Issues in Takings and Eminent Domain Law
Panel 3: The Reach of Government's Confiscatory Powers Over Exigencies and Emergencies
Panel 4: The Risk of Unjust Compensation
Brigham-Kanner Property Rights Journal, Volume 9, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 9, William & Mary Law School
Brigham-Kanner Property Rights Journal
The State of Regulatory Takings
October 3-4, 2019
Panel 1: The State of Regulatory Takings Jurisprudence: A Tribute to Eagle
Panel 2: Public Resources and Private Rights
Panel 3: Natural Gas and Other Energy Takings: Protecting Private Property Rights When the Public Interest is Promoted By a Non-Governmental Entity
Panel 4: Property and Poverty
Featured Author (Eagle)
A Defense Of The Regulatory Takings Doctrine: A Historical Analysis Of This Conflict Between Property Rights And Public Good And A Prediction For Its Future, Andrew Parslow
William & Mary Environmental Law and Policy Review
Since man first left the state of nature and formed property rights, there have been issues when states desire to use the property of another for what they consider to be the greater good. In their wisdom, the Founding Fathers of the United States built on centuries of historical principles ranging from the Romans to the English and enshrined in the Fifth Amendment the common law notion that “private property [shall not] be taken for public use, without just compensation.” The rise of environmentalism has brought a new frontier to the ancient struggle between the rights of individuals and the …
Property Beyond Exclusion, Lee Anne Fennell
Property Beyond Exclusion, Lee Anne Fennell
William & Mary Law Review
Property rights have long been associated with a simple and distinctive technology: exclusion. But technologies can become outdated as conditions change, and exclusion is no exception. Recent decades have featured profound changes that have made exclusion a less useful, less necessary, and more expensive way of regulating access to resources. This Article surveys the prospects for a post-exclusion understanding of real and personal property. It proceeds from the premise that property is built upon complementarities, the nature and scale of which have undergone seismic shifts. Physical boundaries and lengthy claims on resources are designed to group complementary elements together in …