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Articles 31 - 60 of 191
Full-Text Articles in Law
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
William & Mary Law Review
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.
This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Journal
Property as a Form of Governance
October 1-2, 2015
Panel 1: Property as a Form of Governance
Panel 3: Of Pipelines, Drilling, & the Use of Eminent Domain
Panel 4: Property Rights in the Digital Age
Dead Men Bring No Claims: How Takings Claims Can Provide Redress For Real Property Owning Victims Of Jim Crow Race Riots, Melissa Fussell
Dead Men Bring No Claims: How Takings Claims Can Provide Redress For Real Property Owning Victims Of Jim Crow Race Riots, Melissa Fussell
William & Mary Law Review
No abstract provided.
Encouraging Transportation-Oriented Development In The United States: A Case For Utilizing “Earned-As-Of-Location” Credits To Promote Strategic Economic Development, Matthew G. Jewitt
Encouraging Transportation-Oriented Development In The United States: A Case For Utilizing “Earned-As-Of-Location” Credits To Promote Strategic Economic Development, Matthew G. Jewitt
William & Mary Law Review
No abstract provided.
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
William & Mary Environmental Law and Policy Review
In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …
Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School
Brigham-Kanner Property Rights Journal
Defining the Reach of Property
October 30-31, 2014
Panel 1: The Role of the Advocate in Defining Property
Panel 3: Balancing Private Property and Community Rights
Panel 4: Property Rights in Developing and Transitional Countries
Panel 3 Q&A: Discussion on Balancing Private Property and Community Rights
The Coming Wave Of Pretextually Profiteering Social Entrepreneurs: A Case Study At The Nexus Of Property And Civil Rights, David Groshoff
The Coming Wave Of Pretextually Profiteering Social Entrepreneurs: A Case Study At The Nexus Of Property And Civil Rights, David Groshoff
William & Mary Environmental Law and Policy Review
This Article builds on my prior publications employing case studies that serve as the prisms through which this Article applies a legal analysis to a newly trending problem in social entrepreneurship.
Specifically, this Article reviews the financial and property interests implicated when, in the milieu of an aging baby-boomer demographic likely to display decaying neurocognitive abilities, ostensibly socially beneficent limited liability companies (“LLCs”) pretextually pose as small businesses with a desire to serve people suffering from particular alleged mental disorders. In reality however, these brand-managed social entrepreneurs may represent conveniently detachable arms of integrated corporate enterprises that have hundreds of …
Lending Discrimination, The Foreclosure Crisis And The Perpetuation Of Racial And Ethnic Disparities In Homeownership In The U.S., Aleatra P. Williams
Lending Discrimination, The Foreclosure Crisis And The Perpetuation Of Racial And Ethnic Disparities In Homeownership In The U.S., Aleatra P. Williams
William & Mary Business Law Review
For decades the agencies charged with minding the ‘fair credit and lending’ shop turned a blind eye to those (lenders) who pilfered minority homeownership (and consequently minority wealth) by extending mortgage lending products that were, in many cases, unequal to similarly situated non-minority counterparts. Since the 1950s, when the federal government endorsed homeownership policies for minorities, and the 1960s, when antidiscriminatory D9lending laws were enacted, access to fair mortgage credit has been unattainable. Unbridled lending discrimination culminated in massive foreclosures for a disproportionate number of minority homeowners during the Housing and Foreclosure Crisis. Lenders disparately foreclosed upon upper class, middle …
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
William & Mary Environmental Law and Policy Review
This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.
Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …
An Unintended Consequence Of Arkansas Game & Fish Commission V. United States: Expanding Takings Liability To What The Government Doesn’T Do, Jason Kane
William & Mary Environmental Law and Policy Review
No abstract provided.
Brigham-Kanner Property Rights Conference Journal, Volume 3, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 3, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Essence of Property
October 17-18, 2013
Panel 1: The Impact of a Leading Property Scholar: Defining the Essence of Property
Panel 2: Promoting Government Forbearance
Roundtable Panel: Implications of the Court's Recent Takings Cases
Panel 4: Property Rights in Times of Transition
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
William & Mary Law Review
First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …
Farming The Slums: Using Eminent Domain And Urban Agriculture To Rebuild Baltimore's Blighted Neighborhoods, Keith Buzby
Farming The Slums: Using Eminent Domain And Urban Agriculture To Rebuild Baltimore's Blighted Neighborhoods, Keith Buzby
William & Mary Environmental Law and Policy Review
No abstract provided.
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Journal
Interdisciplinary Perspectives on Property
October 11-12, 2012
Panel 1: The Impact of a Leading Property Scholar
Panel 3: Property Rights in Times of Economic Crisis
Panel 4: Property's Moral Dimension
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
William & Mary Law Review
Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Journal
Comparative Property Rights
October 14-15, 2011
Panel 1: Legal Protection of Property Rights: A Comparative Look
Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions
Panel 3: Property as an Instrument of Social Policy
Panel 4: Culture and Property
Panel 5: Property as an Economic Institution
Panel 6: Property Rights and the Environment
At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson
At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos
The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos
William & Mary Bill of Rights Journal
No abstract provided.
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
William & Mary Bill of Rights Journal
During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …
This Business Of "Procuring Cause" In Virginia, Robert Luther Iii
This Business Of "Procuring Cause" In Virginia, Robert Luther Iii
William & Mary Business Law Review
This Article aims to provide a basic overview of Virginia law resulting from suits for sales commissions, with a special emphasis on “procuring cause” case law. By thinking ahead to the kinds of issues that have resulted in the recovery or failure of sales commissions by agents in past sales commission cases, real estate litigators will be in a better position to advise their clients. To that end, this Article further seeks to serve as a brief, yet stout, reference resource for real estate litigators and members of the Virginia bench confronted with facts directed towards this often nuanced area …
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
William & Mary Environmental Law and Policy Review
No abstract provided.
Two Faces: Demystifying The Mortgage Electronic Registration System's Land Title Theory, Christopher L. Peterson
Two Faces: Demystifying The Mortgage Electronic Registration System's Land Title Theory, Christopher L. Peterson
William & Mary Law Review
In the mid-1990s, mortgage bankers created Mortgage Electronic Registration Systems, Inc. (MERS) to escape the costs associated with recording mortgage transfers. To accomplish this, lenders permanently list MERS as the mortgagee of record instead of themselves to avoid the expense of recording any subsequent transfers. MERS’s claim that it is both an agent of the lender and the mortgagee, and the huge gaps left in the public record, give rise to a range of legal issues. This Article addresses whether security agreements naming MERS as a mortgagee meet traditional conveyance requirements and discusses the rights of counties to recover unpaid …
The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson
The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson
William & Mary Environmental Law and Policy Review
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, the U.S. Supreme Court unanimously upheld a state beach restoration project against landowner claims of an unconstitutional taking of the property. This result was not nearly as surprising as the fact that the Court granted certiorari on a case that turned on an obscure aspect of Florida property law: whether landowners adjacent to a beach had the rights to future accretions of sand and to maintain contact with the water.
The Court’s curious interest in the case was piqued by the landowners’ recasting the case from the regulatory taking …
The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson
The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Rose's Human Nature Of Property, Henry E. Smith
Rose's Human Nature Of Property, Henry E. Smith
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Response, Carol M. Rose
Response, Carol M. Rose
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Government Property And Government Speech, Joseph Blocher
Government Property And Government Speech, Joseph Blocher
William & Mary Law Review
The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have—physical things, bundles of rights, or something else entirely?
In the context of government property and government speech, the ill-defined relationship between property …
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.