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Full-Text Articles in Law
Liberty At The Borders Of Private Law, Donald J. Smythe
Liberty At The Borders Of Private Law, Donald J. Smythe
Akron Law Review
Liberty is both dependent upon and limited by the State. The State protects individuals from the coercion of others, but paradoxically, it must exercise coercion itself in doing so. Unfortunately, the reliance on the State to deter coercion raises the possibility that the State’s powers of coercion might be abused. There is, not surprisingly, therefore, a wide range of literature on the relationship between law and liberty, but most of it focuses on the relationship between public law and liberty. This Article focuses on the relationship between private law and liberty. Private laws are enforced by courts. Since the judiciary …
Preventing Franchise Flight: Could Cleveland Have Kept The Browns By Exercising Its Eminent Domain Power?, Steven R. Hobson Ii
Preventing Franchise Flight: Could Cleveland Have Kept The Browns By Exercising Its Eminent Domain Power?, Steven R. Hobson Ii
Akron Law Review
The purpose of this Comment is to analyze whether Ohio law would allow for such a taking, and to determine if such action would have solved the problem of keeping the Browns in Cleveland. In analyzing this issue and focusing on the difficulties that such a taking would create, it will be demonstrated that this taking probably cannot be achieved successfully, and that some congressional intervention is needed to rectify the franchise relocation problem.
Scalia, Property, And Dolan V. Tigard: The Emergence Of A Post-Carolene Products Jurisprudence, David Schultz
Scalia, Property, And Dolan V. Tigard: The Emergence Of A Post-Carolene Products Jurisprudence, David Schultz
Akron Law Review
This Article proposes an analysis of Scalia's views on property rights and shows how the Justice has been important to, if not the leader in, the current rethinking of takings and land use jurisprudence." Also, this Article will engage in a more comprehensive reevaluation of the jurisprudence of the Carolene Products Era that is transpiring both off and on the Court. While previous works have examined Rehnquist's and his Court's views on property, as well as Scalia's views on expressive freedoms criminal due process, and church/state issues, there is no comprehensive discussion addressing Scalia's views on property rights. To accomplish …
Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson
Picking Up The Remnants Post-Waller: Properly Limiting The Scope Of Uneconomic Remnant Claims In Wisconsin Eminent Domain Proceedings, Samuel A. Magnuson
Marquette Law Review
Statutory interpretation often requires a court to review the legislative intent behind the statute. However, this task is not always easily undertaken when the intent of the legislature is itself unclear. A recent Wisconsin Supreme Court case illustrates the difficulty in properly interpreting arguably ambiguous statutory language. Nevertheless, this Comment hopes to demonstrate that by examining the history of remnant theory, it should be clear that uneconomic remnant claims in eminent domain proceedings were intended to be limited to situations where the partial taking creates either a physical remnant or a financial remnant. Furthermore, this Comment argues that the Wisconsin …
The Politics Of The Takings Clauses, Mila Versteeg
The Politics Of The Takings Clauses, Mila Versteeg
Northwestern University Law Review
A long-standing consensus exists that the arbitrary or excessive expropriation of private property by a country hurts its economic growth. Although constitutions can play an important role in protecting private property, remarkably little is known about how they actually restrict the power of eminent domain and whether such restrictions are associated with reduced de facto expropriation risks. This Essay fills that gap by presenting original data on the procedural and substantive protections in constitutional takings clauses from 1946 to 2013. Its main finding is that no observable relationship exists between de jure constitutional restrictions on the power of eminent domain …
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams
Property Law: Limited Compensation Under Minnesota's Minimum-Compensation Statute—County Of Dakota V. Cameron, Kristine J. Williams
William Mitchell Law Review
No abstract provided.