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Full-Text Articles in Law

Integrating Public Land And Local Community Planning Objectives: The Rocky Mountain National Park Experience, Homer L. Rouse Sep 1994

Integrating Public Land And Local Community Planning Objectives: The Rocky Mountain National Park Experience, Homer L. Rouse

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

7 pages.


Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon Feb 1994

Conference On The 1992 Cable Tv Act - 1994, Wendy J. Gordon

Scholarship Chronologically

The CITI conference organizers have asked me to address the constitutionality of sections 12 and 19 of the new Cable Television Act. Speaking quite generally, these provisions purport to promote competition in the distribution of programming by prohibiting certain exclusive licenses and by prohibiting certain behaviors that could lead to exclusive licenses.


"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin Jan 1994

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

All Faculty Scholarship

No abstract provided.


Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer Jan 1994

Alimony And Efficiency: The Gendered Costs And Benefits Of Economic Justification For Alimony, Jana B. Singer

Faculty Scholarship

No abstract provided.


"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin Jan 1994

"An Honest Living": Street Vendors, Municipal Regulation, And The Black Public Sphere, Regina Austin

All Faculty Scholarship

No abstract provided.


Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …


A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr. Jan 1994

A Property-Based Theory Of Security Interests: Taking Debtor's Choices Seriously, Steven L. Harris, Charles W. Mooney Jr.

All Faculty Scholarship

No abstract provided.