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Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy Feb 2010

Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy

William & Mary Environmental Law and Policy Review

This article revisits and examines whether the fairness and justice doctrine of Armstrong v. United States can justify and fashion standards of review to protect the right to just compensation of the Takings Clause. The Court has relied on Armstrong to show the purpose of the Takings Clause in many takings decisions. However, can Armstrong serve a greater purpose? In Dolan v. City of Tigard, the United States Supreme Court applied the unconstitutional conditions doctrine to justify the need for a standard of review to protect the right to just compensation. The Court transported questionable constitutional doctrine to validate Justice …


Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman Oct 2009

Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Scaling Property With Professor Ellickson, Lee Anne Fennell Oct 2009

Scaling Property With Professor Ellickson, Lee Anne Fennell

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith Oct 2009

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Private Norms And Public Spaces, Nicole Stelle Garnett Oct 2009

Private Norms And Public Spaces, Nicole Stelle Garnett

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose Oct 2009

Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura Apr 2009

An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura

William & Mary Law Review

No abstract provided.


Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike Apr 2009

Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike

William & Mary Environmental Law and Policy Review

No abstract provided.


Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg Apr 2008

Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg

William & Mary Environmental Law and Policy Review

This Article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors that are to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. However, the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property …


Environmental Law: Property Rights In The United States, Federalist Society Apr 2008

Environmental Law: Property Rights In The United States, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.


Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox Apr 2008

Re-Possessing "Home": A Re-Analysis Of Gender, Homeownership, And Debtor Default For Feminist Legal Theory, Lorna Fox

William & Mary Journal of Race, Gender, and Social Justice

The current credit crisis has brought the subject of subprime and other problematic debt to the forefront of many agendas - both political and personal. This article explores some of the underlying legal, theoretical, economic, and phenomenological issues associated with default and foreclosure, particularly as they affect women homeowners. The analysis is embedded in feminist discourse on home, from traditional critiques of the association between women and home to evolving conceptions of the benefits and the burdens of home for contemporary feminist theory. This article traces the ideas of "home" and "homeownership" for American women and considers how it might …


Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert Apr 2008

Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert

William & Mary Bill of Rights Journal

No abstract provided.


"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Mar 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


Introduction: 2006 Brigham-Kanner Property Rights Conference Mar 2008

Introduction: 2006 Brigham-Kanner Property Rights Conference

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand Mar 2008

"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


The Morality Of Property, Thomas W. Merrill, Henry E. Smith Apr 2007

The Morality Of Property, Thomas W. Merrill, Henry E. Smith

William & Mary Law Review

No abstract provided.


Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin Apr 2007

Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin

William & Mary Law Review

No abstract provided.


Introductory Remarks: Property Law, James G. Dwyer Apr 2007

Introductory Remarks: Property Law, James G. Dwyer

William & Mary Law Review

No abstract provided.


The Moral Subject Of Property , Carol M. Rose Apr 2007

The Moral Subject Of Property , Carol M. Rose

William & Mary Law Review

No abstract provided.


Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman Feb 2007

Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences Dec 2006

Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences

William & Mary Bill of Rights Journal

Presented at the Brigham-Kanner Property Rights Conference.


Impact Of Richard A. Epstein, James W. Ely Dec 2006

Impact Of Richard A. Epstein, James W. Ely

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Michelman As Doctrinalist, Gregory S. Alexander Dec 2006

Michelman As Doctrinalist, Gregory S. Alexander

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein Dec 2006

Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Dec 2006

Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Reconstrucing Richard Epstein, Eduardo M. Penalver Dec 2006

Reconstrucing Richard Epstein, Eduardo M. Penalver

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Takings: An Appreciative Retrospective, Eric R. Claeys Dec 2006

Takings: An Appreciative Retrospective, Eric R. Claeys

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


The Demise Of Federal Takings Litigation, Stewart E. Sterk Oct 2006

The Demise Of Federal Takings Litigation, Stewart E. Sterk

William & Mary Law Review

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.