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Articles 61 - 90 of 117
Full-Text Articles in Law
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
William & Mary Law Review
One of the lingering questions about the law of regulatory takings concerns the proper scope and application of the Supreme Court’s exactions jurisprudence, known as the Nollan/Dolan test. A recurring issue in the case law is the extent to which the Nollan/Dolan framework applies to takings challenges brought against development impact fees. Judicial decisions on the issue split over two primary questions. First, there is a debate about whether Nollan/Dolan is limited to physical exactions or whether the test might also apply to monetary exactions as well. Second, there is a difference of opinion over whether Nollan/Dolan applies only to …
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
William & Mary Environmental Law and Policy Review
This article revisits and examines whether the fairness and justice doctrine of Armstrong v. United States can justify and fashion standards of review to protect the right to just compensation of the Takings Clause. The Court has relied on Armstrong to show the purpose of the Takings Clause in many takings decisions. However, can Armstrong serve a greater purpose? In Dolan v. City of Tigard, the United States Supreme Court applied the unconstitutional conditions doctrine to justify the need for a standard of review to protect the right to just compensation. The Court transported questionable constitutional doctrine to validate Justice …
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
Cryopreserved Embryos As America's Prospective Adoptees: Are Couples Truly "Adopting" Or Merely Transferring Property Rights?, Alexia M. Baiman
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Scaling Property With Professor Ellickson, Lee Anne Fennell
Scaling Property With Professor Ellickson, Lee Anne Fennell
William & Mary Bill of Rights Journal
Presented at the 2008 Brigham-Kanner Property Rights Conference.
Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith
Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith
William & Mary Bill of Rights Journal
Presented at the 2008 Brigham-Kanner Property Rights Conference.
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
William & Mary Law Review
No abstract provided.
Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike
Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike
William & Mary Environmental Law and Policy Review
No abstract provided.
Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler
Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler
Faculty Publications
The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described advocates of FME adopt a utilitarian, welfare-maximization, approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic - indeed, even if it net beneficial to the globe as whole - human-induced climate change is likely to contribute to environmental …
Environmental Law: Property Rights In The United States, Federalist Society
Environmental Law: Property Rights In The United States, Federalist Society
William & Mary Environmental Law and Policy Review
No abstract provided.
Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert
Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert
William & Mary Bill of Rights Journal
No abstract provided.
"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand
"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand
William & Mary Bill of Rights Journal
Presented at the 2006 Brigham-Kanner Property Rights Conference.
The Police Power And 'Public Use': Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher D. Supino
The Police Power And 'Public Use': Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher D. Supino
Student Award Winning Papers
No abstract provided.
The Morality Of Property, Thomas W. Merrill, Henry E. Smith
The Morality Of Property, Thomas W. Merrill, Henry E. Smith
William & Mary Law Review
No abstract provided.
Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin
Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin
William & Mary Law Review
No abstract provided.
The Moral Subject Of Property , Carol M. Rose
The Moral Subject Of Property , Carol M. Rose
William & Mary Law Review
No abstract provided.
Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman
Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman
William & Mary Environmental Law and Policy Review
No abstract provided.
Impact Of Richard A. Epstein, James W. Ely
Impact Of Richard A. Epstein, James W. Ely
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Reconstrucing Richard Epstein, Eduardo M. Penalver
Reconstrucing Richard Epstein, Eduardo M. Penalver
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
Time To Overturn Turney, Paul A. Lafata
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.
Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker
Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker
William & Mary Bill of Rights Journal
No abstract provided.
"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler
"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler
William & Mary Bill of Rights Journal
No abstract provided.
Property, Aspen, And Refusals To Deal, Alan J. Meese
Property, Aspen, And Refusals To Deal, Alan J. Meese
Faculty Publications
No abstract provided.
The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson
The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna
Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna
West Virginia Law Review
No abstract provided.
Property Rights, Community Public Goods, And Household Time Allocation In Urban Squatter Communities: Evidence From Peru, Erica Field
William & Mary Law Review
No abstract provided.
A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy
A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy
William & Mary Law Review
In this Article we explore the potential benefits and costs of a program to grant title to individuals who are occupying land informally. Only some of these benefits and costs have received careful empirical consideration in the literature. This Article references existing studies and draws on findings from original surveys of urban households in Ecuador. We consider how a titling program might affect the welfare of landowners and occupants, how it could alter the functioning of real estate markets, and whether it could build a community's social capital. Potential benefits must be weighed against a range of costs, including those …
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell
William & Mary Law Review
No abstract provided.
Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar
Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar
William & Mary Law Review
No abstract provided.