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Full-Text Articles in Law
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Public Rights, Global Perspectives, And Common Law, Martha F. Davis
Fordham Urban Law Journal
This Article sets out the case that common law adjudication involving such claims as contractual breaches, wrongful termination, and tort can be, and often are, public rights litigation. Many common law decisions have significant impacts in the community, and—because of the nature of precedent—become quickly embedded in the law where they contribute to the outcomes of future cases as well. Common law cases are a particularly important aspect of public rights litigation because of the paucity of constitutional protections for economic and social rights. In the absence of constitutional protections for such rights, rigorous enforcement of common law claims addressing …
The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D.
The Odyssey Of Palazzolo: Public Rights Litigation And Coastal Change, Laura J. Hatcher, Ph.D.
Fordham Urban Law Journal
The question of whether the state has the right to “take” (in the form of regulation) land in its coastal zones is a much more complex question that the courts, to date, have not been able to manage adequately. The problems faced along the coasts are difficult problems, and will likely not be settled by asking judges to determine the “rightness” of claims made through an adversarial process that tends to oversimplify situations in the process of constructing winnable legal arguments. Nor can we rely simply on administrative agencies or legislatures to protect the rights of individuals or protect them …