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Full-Text Articles in Law
Tort Reform & The Takings Clause, Bailey D. Barnes
Tort Reform & The Takings Clause, Bailey D. Barnes
Buffalo Law Review
The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.
A Takings …
Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum
Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum
Buffalo Law Review
Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their doorsteps far sooner than originally anticipated, a prospect for which policymakers and legal scholars are presently unprepared.
Global and national demographic change threaten to cause far-reaching dislocations, and local municipalities, too, will be asked to reckon with the aftermath. Yet local governance in the United States has long …
Temporary Eminent Domain, Amnon Lehavi
Temporary Eminent Domain, Amnon Lehavi
Buffalo Law Review
Times of emergency call for drastic measures. These steps may include the physical takeover of privately-owned assets by the government for a certain period of time and for various purposes, aimedat addressing the state of emergency. When will such acts amount to a taking, and what compensation should be paid to the property owner? How do temporary physical appropriations during times of emergencydiverge, if at all, from temporary takeovers in more ordinary times?
The doctrinal and theoretical analysis of potential temporary takings has been done mostly in the context of non-physical government intervention with private property, such as when a …
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray
Buffalo Law Review
In 2018’s Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment’s Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers’ building, maintaining, and failing to maintain the seventy-six mile long navigational channel known as the Mississippi River-Gulf Outlet (MRGO), which increased the surge storms of Hurricane Katrina. Though MRGO helped turn Katrina into a superstorm that devastated thousands of properties, Judge Dyk determined that the lower court’s takings analysis …
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan
Buffalo Law Review
No abstract provided.
I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent
I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent
Buffalo Law Review
No abstract provided.
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney
Buffalo Law Review
No abstract provided.
Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez
Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez
Buffalo Law Review
No abstract provided.
Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown
Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown
Buffalo Law Review
No abstract provided.
What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke
What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke
Buffalo Law Review
No abstract provided.
When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick
When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick
Buffalo Law Review
No abstract provided.
"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth
"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth
Buffalo Law Review
No abstract provided.
The Adverse Possession Of Personal Property, Patty Gerstenblith
The Adverse Possession Of Personal Property, Patty Gerstenblith
Buffalo Law Review
No abstract provided.
Destruction Of Community, Richard Lewis
The Takings Clause: Principles Or Politics?, Leslie Bender
The Takings Clause: Principles Or Politics?, Leslie Bender
Buffalo Law Review
No abstract provided.
Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner
Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner
Buffalo Law Review
No abstract provided.
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus
Buffalo Law Review
No abstract provided.
The New Property Of The Nineteenth Century: The Development Of The Modern Concept Of Property, Kenneth J. Vandevelde
The New Property Of The Nineteenth Century: The Development Of The Modern Concept Of Property, Kenneth J. Vandevelde
Buffalo Law Review
No abstract provided.
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Tort Liability And Recreational Use Of Land, Michael S. Buskus
Buffalo Law Review
No abstract provided.
Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth
Developing Institutions For Regional Land Use Planning And Control—The Adirondack Experience, Richard S. Booth
Buffalo Law Review
No abstract provided.
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Buffalo Law Review
No abstract provided.
The Taxation Of Restricted-Use Property: A Theoretical Framework, Jerry A. Menikoff
The Taxation Of Restricted-Use Property: A Theoretical Framework, Jerry A. Menikoff
Buffalo Law Review
No abstract provided.
Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus
Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus
Buffalo Law Review
No abstract provided.
New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro
New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro
Buffalo Law Review
No abstract provided.
The Origins Of Law Reform: The Social Significance Of The Nineteenth-Century Codification Movement And Its Contribution To The Passage Of The Early Married Women's Property Acts, Peggy Rabkin
Buffalo Law Review
No abstract provided.
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern
Buffalo Law Review
No abstract provided.
Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus
Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus
Buffalo Law Review
No abstract provided.
An Assessment Of The Impact Of An Implied Warranty Of Habitability In New York State, Matthew Greenblatt
An Assessment Of The Impact Of An Implied Warranty Of Habitability In New York State, Matthew Greenblatt
Buffalo Law Review
No abstract provided.
Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel
Residential Property Assessments In The City Of Buffalo: A Study Of The Use Of Administrative Discretion, George M. Hezel
Buffalo Law Review
No abstract provided.
Some Antitrust Problems In Government Insured/Guaranteed Mortgage Lending, Richard Arlen Saliterman
Some Antitrust Problems In Government Insured/Guaranteed Mortgage Lending, Richard Arlen Saliterman
Buffalo Law Review
No abstract provided.