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Full-Text Articles in Law

"Property" In The Fifth Amendment: A Quest For Common Ground In The Maze Of Regulatory Takings, David C. Buck Oct 1993

"Property" In The Fifth Amendment: A Quest For Common Ground In The Maze Of Regulatory Takings, David C. Buck

Vanderbilt Law Review

In 1922, the Supreme Court embarked on its first decision to protect property owners from unbridled, uncompensated government regulation. Prior to Pennsylvania Coal Co. v. Mahon, the courts applied the Just Compensation Clause of the Fifth Amendments only to "'direct appropriation[s]' of property ... or the functional equivalent of a 'practical ouster of [the owner's] possession.' " Mahon established that governmental regulation that affects an owner's use of his land may constitute a taking under the Fifth Amendment. In Mahon, Justice Holmes recognized the need for constitutional limits on the government's power to impair certain rights inherent in the ownership …


Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser Apr 1993

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field of …


Land Use Control, The Individual, And Society: Lucas V. South Carolina Coastal Council , Robert M. Washburn Jan 1993

Land Use Control, The Individual, And Society: Lucas V. South Carolina Coastal Council , Robert M. Washburn

Maryland Law Review

No abstract provided.