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- Property Rights (4)
- 28 Williamson County Regional Planning Commission v. Hamilton Bank (473 U.S. 172 (1985)) (1)
- Abandonment of property (1)
- Charity (1)
- Church Property (1)
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- Church and State (1)
- Eminent Domain (1)
- Episcopal Church (1)
- Housing laws (1)
- Knick v. Township of Scott (862 F.3d 310 (3rd Cir. 2017)) (1)
- Land Use (1)
- Markle Interests v. U.S. Fish and Wildlife Service (827 F.3d 452 (5th Cir. 2016)) (1)
- Murr v. Wisconsin (137 S. Ct. 1933 (2017)) (1)
- Natural Law (1)
- Patent Law (1)
- Pierson v. Post (3 Cai. 175 (N.Y. Sup. Ct. 1805)) (1)
- Possession (1)
- Progressive Taxation (1)
- Property (1)
- Property Law (1)
- Real property (1)
- Regressive Taxes (1)
- Regulatory Taking (1)
- Regulatory Takings (1)
- State of Indiana v. Tyson Timbs (84 N.E.3d 1179 (Ind. 2017)) (1)
- Taxation (1)
- United States Constitution 5th Amendment (1)
- Wesley Newcomb Hohfeld (1)
- Publication
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Articles 1 - 10 of 10
Full-Text Articles in Law
The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk
William & Mary Bill of Rights Journal
No abstract provided.
When Are You An Investor Versus A Dealer In Real Property? (Powerpoint), James B. Sowell, Stephen J. Giordano
When Are You An Investor Versus A Dealer In Real Property? (Powerpoint), James B. Sowell, Stephen J. Giordano
William & Mary Annual Tax Conference
No abstract provided.
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Publications
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the "ripeness" rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaint~ffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first- the so-called "compensation prong" (as distinguished from a separate "takings prong"). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a "prudential" rule rather than (as …
Patent Prior Art And Possession, Timothy R. Holbrook
Patent Prior Art And Possession, Timothy R. Holbrook
William & Mary Law Review
Prior art in patent law defines the set of materials that the United States Patent and Trademark Office (USPTO) and courts use to determine whether the invention claimed in a patent is new and nonobvious. One would think that, as a central, crucial component of patent law, prior art would be thoroughly theorized and doctrinally coherent. Nothing could be further from the truth. The prior art provisions represent an ad hoc codification of various policies and doctrines that arose in the courts.
This Article provides coherency to this morass. It posits a prior art system that draws upon property law’s …
Section 3: Property Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Property Rights, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Future of Regulatory Takings
October 12-13, 2017
Panel 1: The Future of Land Use Regulation: A Tribute to Callies
Panel 3: Property Rights in Water
Panel 4: The Denominator Problem and Other Emerging Issues in the Regulatory Takings Field
Hohfeld And Property, Michael S. Green
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson
William & Mary Business Law Review
In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme …
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Faculty Publications
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …
Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy
Vacant Housing Study: An Examination Of Vacant And At-Risk Housing In The Middle Peninsula, Todd Scheid, Kean Devine, Eric Mccoy
Virginia Coastal Policy Center
In collaboration with Virginia Coastal Policy Center- William & Mary Law School, this report addresses the issue of vacant housing in the Middle Peninsula region with possible solutions. This report contains the results of a survey conducted by the Middle Peninsula Planning District Commission (MPPDC) and demographic data of the region to more clearly express the issues that the Middle Peninsula faces in relation to vacant and at-risk housing.