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Full-Text Articles in Law
The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink
The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink
Touro Law Review
No abstract provided.
I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller
I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller
Touro Law Review
No abstract provided.
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.
The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong
The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong
Touro Law Review
No abstract provided.
The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power
The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power
Touro Law Review
No abstract provided.
The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer
The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer
Touro Law Review
This article reviews recent federal court decisions that have loosened the state litigation ripeness barrier to federal takings review based on its “prudential” character. Part II provides relevant background on Williamson County and the development of the state litigation rule. It explores the logic underlying the rule and the problems it causes in application. Part III reviews the judicial shift away from a jurisdictional understanding of the state litigation rule—under which compliance with the rule is a prerequisite to a court’s power to hear a takings claim—to a prudential view in which application of the state litigation rule lies within …
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Touro Law Review
In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …