Law Commons^™

Privatization In Germany: A Model For Legal And Functional Analysis, Martin E. Elling

Vanderbilt Journal of Transnational Law

In this Article, Mr. Elling discusses the efforts to restructure and privatize the eastern German economy. The Article focuses on the work of the Trust Agency, or Treuhandanstalt, the agency primary responsible for privatizing property expropriated by the Nazis, the Soviet occupation forces, and the German Democratic Republic. These three regimes expropriated property under varying circumstances, and the Trust Agency now faces the task of determining the appropriate level of compensation or restitution for each property claimant. While the Trust Agency is concerned with awarding just compensation to the rightful property owners, the author notes that Germany designed the privatization …

Talking About Rights, Carl E. Schneider

Reviews

In recent years, a growing recognition of the power of rights talk in American law and life has surfaced in the writing of legal academics, along with a gnawing doubt about that power. In Rights Talk The lmpaverishrnent of Political Discaurse, Mary Ann Glendon, a professor of law at Harvard University, gives those doubts systematic, thoughtful, and lucid expression. Glendon has long been one of our most penetrating students of family law and one of our most enlightening students of comparative law. In this book (as in its predecessor and forebear, Abartion and Divorce in We5tem Law), she brings this …

Property And Liberty Reconsidered, Herman Belz

Vanderbilt Law Review

This perceptive, lucid, and sympathetic account of property rights in American constitutional law by Professor James W. Ely, Jr., is further evidence of the conservative challenge to liberal orthodoxy that has emerged in recent years in American historiography. That the book appears under the cosponsorship of the Organization of American Historians, one of the more militantly liberal scholarly associations in the United States, is a small but significant sign of the changing intellectual climate.

As conceived of in contemporary liberal historiography, protection of individual property rights is but one element of economic liberty. Equally if not more important, according to …

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …

Achieving Consistent Disposition Of Frozen Embryos In Marital Dissolution Under Florida Law, Brenda L. Henderson

Nova Law Review

Medical technology has now added a new dimension to human reproduction through in vitro fertilization aided by cryopreservation.

Due Process

Touro Law Review

No abstract provided.

Home Rule And The Secession Of Staten Island: City Of New York V. State Of New York, Florence L. Cavanna

Touro Law Review

No abstract provided.

Privacy And The Growing Plight Of The Homeless: Reconsidering The Values Underlying The Fourth Amendment, Mark A. Godsey

Faculty Articles and Other Publications

This Comment will discuss the issue that the Supreme Court of Connecticut declined to decide in Mooney: the Fourth Amendment's inadequate protection of homeless individuals' privacy in their living spaces or "homes." Part II will trace the evolution of Fourth Amendment doctrine from its beginnings in 1886 with Boyd v. United States, when privacy was intimately intertwined with private property, through the Warren Court's 1967 decisions in Katz v. United States and Warden, Maryland Penitentiary v. Hayden, which declared that "the principal object of the Fourth Amendment is the protection of privacy rather than property, and [we] …

Revenue And Taxation Ad Valorem Taxation Of Property: Provide For The Ad Valorem Taxation Of Timber And Current Use Valuation / Taxation Of Bona Fide Conservation Use Property And Bona Fide Residential Transitional Property, Susan L. Daniels

Georgia State University Law Review

The Act allows taxation of standing timber when it is cut or sold. The Act also allows certain qualifying properties to be valued according to current use rather than fair market value to preserve the aesthetic beauty of the State of Georgia and to allow property owners to keep large pieces of property that were previously unaffordable due to high taxes.

Crimes And Offenses Controlled Substances: Provide Procedures For The Seizure And Disposition Of Forfeited Property; Provide For Liens On Property Subject To Forfeiture; Provide For Distribution Of Forfeited Property And The Proceeds From Such Property, Debra D. Green

Georgia State University Law Review

The Act declares that certain items are contraband, and that no property rights exist as to those items. The Act provides for the seizure of property subject to forfeiture and for the filing of a lien for forfeiture upon the initiation of any civil or criminal proceeding under this article, as well as upon seizure. The Act provides procedures for forfeiture and the conditions required for the filing of a temporary restraining order against property subject to forfeiture. The Act provides for the evidence to be admissible at hearings and determinations made subject to forfeiture, as well as for inferences …

A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle

Michigan Journal of International Law

This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, Serena Williams

Serena M Williams

No abstract provided.