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Full-Text Articles in Law
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Touro Law Review
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal with the ethical duties of the regulators, they tend to focus on things like conflicts of interest. But there is more. This article will examine numerous other ways in which regulators may run afoul of ethical practice in dealing with those whom they regulate
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Washington Law Review
Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …
Reframing Church Property Disputes In Washington State, Theodore G. Lee
Reframing Church Property Disputes In Washington State, Theodore G. Lee
Washington Law Review
Real property disputes between units or members of the same church are common in the United States. To resolve such disputes, the Supreme Court has endorsed two doctrines: the hierarchical deference approach and the neutral-principles of law approach. The Court has justified both doctrines on the First Amendment’s Establishment and Free Exercise Clauses, but this justification is problematic. Specifically, under the hierarchical deference approach courts must always give preferential treatment to one religious group over others—effectively endorsing a particular religion. On the other hand, courts can enforce their own interpretations of religious issues under the neutral-principles approach, thereby infringing free …
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
Indiana Law Journal
In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.
In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller
Legislative Reform Or Legalized Theft?: Why Civil Asset Forfeiture Must Be Outlawed In Ohio, Alex Haller
Cleveland State Law Review
Civil asset forfeiture is a legal method for law enforcement to deprive United States citizens of their personal property with little hope for its return. With varying degrees of legal protection at the state level, Ohio legislators must encourage national policy reform by outlawing civil asset forfeiture in Ohio. Ohio Revised Code Section 2981.05 should be amended to outlaw civil asset forfeiture by requiring a criminal conviction prior to allowing the seizure of an individual’s property. This Note proposes two plans of action that will restore Ohio resident’s property rights back to those originally afforded in the United States Constitution.
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
Touro Law Review
No abstract provided.
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Akron Law Review
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …
Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin
Passive Takings: The State's Affirmative Duty To Protect Property, Christopher Serkin
Michigan Law Review
The purpose of the Fifth Amendment’s Takings Clause is to protect property owners from the most significant costs of legal transitions. Paradigmatically, a regulatory taking involves a government action that interferes with expectations about the content of property rights. Legal change has therefore always been central to regulatory takings claims. This Article argues that it does not need to be and that governments can violate the Takings Clause by failing to act in the face of a changing world. This argument represents much more than a minor refinement of takings law because recognizing governmental liability for failing to act means …
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.
Touro Law Review
No abstract provided.
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
Pepperdine Law Review
No abstract provided.
The Abnormalcy Of Normal Delay, Kimberly Horsley
The Abnormalcy Of Normal Delay, Kimberly Horsley
Pepperdine Law Review
No abstract provided.
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
University of Richmond Law Review
No abstract provided.
Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell
Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell
Seattle University Law Review
This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …
Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman
Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman
Michigan Law Review
The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …
Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle
Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle
Seattle University Law Review
Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …
Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner
Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner
Seattle University Law Review
The State of Hawaii has a unique land ownership problem directly affecting many of the state's homeowners: a handful of people own a large percentage of the land available for residential housing." Consequently, a significant proportion of homeowners rent, under long-term leases, the land on which their homes are built. In 1967 the Hawaii legislature took action to break up this concentration of ownership by enacting the Land Reform Act. The legislature declared that such ownership was a threat to the health, safety, and welfare of Hawaii's citizens because of its significant contribution to the spiraling inflation of land values. …
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman
Florida State University Law Review
No abstract provided.
Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek
Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek
Fordham Urban Law Journal
In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …