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Articles 61 - 90 of 190
Full-Text Articles in Law
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
"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
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
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
Introductory Remarks: Property Law, James G. Dwyer
William & Mary Law Review
No abstract provided.
The Moral Subject Of Property , Carol M. Rose
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
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
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
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
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
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
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
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
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
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
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
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.