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Articles 1 - 30 of 51

Full-Text Articles in Law

Due Process Supreme Court Rockland County Jul 2019

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.


The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink Jan 2018

The Public Trust Doctrine: The Development Of New York’S Doctrine And How It Can Improve, Steven Fink

Touro Law Review

No abstract provided.


Taking Back Bitcoin, Zachary Segal Jan 2018

Taking Back Bitcoin, Zachary Segal

Touro Law Review

No abstract provided.


Procedural Due Process Claims, Erwin Chemerinsky Apr 2016

Procedural Due Process Claims, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer Mar 2016

Palazzolo V. Rhode Island: The Supreme Court’S Expansion Of Subsequent Owner's Rights Under The Takings Clause, Leon D. Lazer

Touro Law Review

No abstract provided.


Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber Jan 2016

Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber

Touro Law Review

No abstract provided.


When Scalia Wasn't Such An Originalist, Michael Lewyn Jan 2016

When Scalia Wasn't Such An Originalist, Michael Lewyn

Touro Law Review

No abstract provided.


A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante Jan 2016

A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante

Touro Law Review

No abstract provided.


The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor Aug 2015

The Availability Of Benefit Of The Bargain Expectancy-Based Damages For Buyers Defrauded In California Real Estate Transactions, Laurence A. Steckman, Robert E. Conner, Kris Steckman Taylor

Touro Law Review

No abstract provided.


I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller Aug 2015

I'M In The Pursuit Of Your Property: How The Government Disguises A Taking, Amanda Miller

Touro Law Review

No abstract provided.


Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer Dec 2014

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.


The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz Dec 2014

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Takings Cases In The October 2004 Term, Leon D. Lazer Dec 2014

Takings Cases In The October 2004 Term, Leon D. Lazer

Touro Law Review

No abstract provided.


Federalism Cases In The October 2004 Term, Erwin Chemerinsky Dec 2014

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar Nov 2014

Supreme Court, New York County, Uhlfelder V. Weinshall, David Schoenhaar

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek Nov 2014

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.


Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr. Nov 2014

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.


The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka Oct 2014

The Price Of Protection: Compensation For Partial Takings Along The Coast, Matthew Hromadka

Touro Law Review

No abstract provided.


The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong Jun 2014

The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong

Touro Law Review

No abstract provided.


The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni Jun 2014

The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni

Touro Law Review

This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV ...


The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power Jun 2014

The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power

Touro Law Review

No abstract provided.


A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman Jun 2014

A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman

Touro Law Review

No abstract provided.


Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster Jun 2014

Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster

Touro Law Review

No abstract provided.


The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak Jun 2014

The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak

Touro Law Review

No abstract provided.


The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown Jun 2014

The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown

Touro Law Review

This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, specifically focusing on the Lucas nuisance exception. The author surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. The author further identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts’ findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.


The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer Jun 2014

The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer

Touro Law Review

This article reviews recent federal court decisions that have loosened the state litigation ripeness barrier to federal takings review based on its “prudential” character. Part II provides relevant background on Williamson County and the development of the state litigation rule. It explores the logic underlying the rule and the problems it causes in application. Part III reviews the judicial shift away from a jurisdictional understanding of the state litigation rule—under which compliance with the rule is a prerequisite to a court’s power to hear a takings claim—to a prudential view in which application of the state litigation ...


The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger Jun 2014

The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger

Touro Law Review

No abstract provided.


The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein Jun 2014

The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein

Touro Law Review

No abstract provided.


Other Tributes To Fred Bosselman, Edward J. Sullivan, Nancy E. Stroud Jun 2014

Other Tributes To Fred Bosselman, Edward J. Sullivan, Nancy E. Stroud

Touro Law Review

No abstract provided.


Fred Bosselman And The Taking Issue, David L. Callies Jun 2014

Fred Bosselman And The Taking Issue, David L. Callies

Touro Law Review

No abstract provided.