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Touro College Jacob D. Fuchsberg Law Center

Property Law and Real Estate

Touro Law Review

Fifth Amendment

Publication Year

Articles 1 - 7 of 7

Full-Text Articles in Law

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.


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.


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.


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.


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.


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.