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Articles 1 - 8 of 8
Full-Text Articles in Law
Reforming The Visual Artists Rights Act To Protect #Streetart In The Digital Age, Ellen Matthews
Reforming The Visual Artists Rights Act To Protect #Streetart In The Digital Age, Ellen Matthews
William & Mary Law Review
Consider the following: Building Owner commissions Artist to paint a mural on the wall of his building. A decade later, Business buys that building from Building Owner and, unaware of details relative to Artist’s wall mural, develops plans to renovate the building for a new use. Upon hearing of Business’s attempt to alter its newly acquired property, Artist seeks an injunction to prevent Business from restoring its building in a way that would change or destroy her mural. Would a court prevent Business from altering its building due to Artist’s moral rights to her work? If the court follows the …
Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz
Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz
William & Mary Law Review
Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more …
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 10, William & Mary Law School
Brigham-Kanner Property Rights Journal
Where Theory Meets Practice
October 1-2, 2020
Panel 1: Where Theory Meets Practice: A Tribute to Henry E. Smith
Panel 2: The Housing Crisis
Lunch Roundtable: Emerging Issues in Takings and Eminent Domain Law
Panel 3: The Reach of Government's Confiscatory Powers Over Exigencies and Emergencies
Panel 4: The Risk of Unjust Compensation
Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas
Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas
William & Mary Bill of Rights Journal
Desperate times may breed desperate measures, but when do desperate measures undertaken as a response to an emergency trigger the Fifth Amendment’s requirement that the government provides just compensation when it takes private property for public use? The answer to that question has commonly been posed as a choice between the “police power”—a sovereign government’s power to regulate property’s use in order to further the public health, safety, and welfare—and the eminent domain power, the authority to seize private property for public use with the corresponding requirement to pay compensation. But that should not be the question. After all, emergencies …
Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus
William & Mary Environmental Law and Policy Review
No abstract provided.
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
William & Mary Environmental Law and Policy Review
No abstract provided.
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
William & Mary Law Review Online
Conveying property in Appalachia can be somewhat like a box of chocolates: “You never know what you’re gonna get.” Carved by ancient rivers and winding streams, the seemingly never-ending “hollers” and hills of Appalachia can disorient even the best navigator. Couple the region’s rugged topography with an already ambiguous demarcation system, and properties once mapped by metes and bounds descriptions become impossible to re-create with any sort of certainty. Thus, though rooted in a desire for clarity, the combination of mountainous terrain and imperfect demarcation results in a property system riddled with ambiguity. Due to this inherent definitional problem in …
The Importance Of Viewing Property As A System, Lynda L. Butler
The Importance Of Viewing Property As A System, Lynda L. Butler
Faculty Publications
Can--or should--the American property system adapt to curb the excesses inherent in the dominant form of capitalism? Those extolling the virtues of privatization of resources would likely answer in the negative. Such a response would ignore the core functions and infrastructure of the American institution of property. This Article discusses the structure of property that enables property law to evolve over time, reacting to changing conditions, recognizing informal customs and usages, and otherwise taking into account important feedbacks. It explains how property provides an ordering system of concepts and principles that define and govern relations between a society and its …