Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
Foreword, Kevin Dorse
Two Faces Of Liberalism, Cass R. Sunstein
Two Faces Of Liberalism, Cass R. Sunstein
University of Miami Law Review
No abstract provided.
The Malthusian Constitution, Thomas C. Grey
The Malthusian Constitution, Thomas C. Grey
University of Miami Law Review
No abstract provided.
A Last Word On Eminent Domain, Richard A. Epstein
A Last Word On Eminent Domain, Richard A. Epstein
University of Miami Law Review
No abstract provided.
A Reflection On Epstein And His Critics, Ellen Frankel Paul
A Reflection On Epstein And His Critics, Ellen Frankel Paul
University of Miami Law Review
No abstract provided.
An Outline Of Takings, Richard A. Epstein
An Outline Of Takings, Richard A. Epstein
University of Miami Law Review
No abstract provided.
Takings Of Property And Constitutional Serendipity, Larry Alexander
Takings Of Property And Constitutional Serendipity, Larry Alexander
University of Miami Law Review
No abstract provided.
The Consequences Of Conceptualism, Margaret Jane Radin
The Consequences Of Conceptualism, Margaret Jane Radin
University of Miami Law Review
No abstract provided.
Proceedings Of The Conference On Takings Of Property And The Constitution
Proceedings Of The Conference On Takings Of Property And The Constitution
University of Miami Law Review
No abstract provided.
Hodel V. Irving, Lewis F. Powell Jr.
Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford
Water Transfers And Exchanges: Using The Market To Improve Water Use—A Legal/Institutional View, Gary D. Weatherford
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
18 pages.
Time, Property Rights, And The Common Law, Thomas W. Merrill
Time, Property Rights, And The Common Law, Thomas W. Merrill
Faculty Scholarship
The fee simple is often defined as an estate or interest of "potentially infinite duration." This way of speaking suggests that property rights are fixed and permanent – indeed, that they last forever. Similarly, property rights are regarded in classical liberal thought as sources of stability and security that foster individual autonomy and protect owners against the vicissitudes of life. This too suggests that property rights are not contingent upon a particular temporal context, but rather are impervious to the passage of time.
When we look at the common law, however, we quickly discover a much more complex relationship between …
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Seattle University Law Review
A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …
Economics Of Public Use, Thomas W. Merrill
Economics Of Public Use, Thomas W. Merrill
Faculty Scholarship
The fifth amendment to the United States Constitution, as well as most state constitutions, provides that private property shall not be taken "for public use" unless just compensation is paid. American courts have long construed this to mean that some showing of "publicness" is a condition precedent to a legitimate exercise of the power of eminent domain. Thus, when a proposed condemnation of property lacks the appropriate public quality, the taking is deemed to be unconstitutional and can be enjoined. In practice, however, most observers today think the public use limitation is a dead letter. Three recent decisions, upholding takings …