Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
The Constitutional Right To “Establish A Home", John G. Sprankling
The Constitutional Right To “Establish A Home", John G. Sprankling
McGeorge School of Law Scholarly Articles
Everyone needs a home. But exclusionary zoning ordinances in many communities prevent low-income and moderate-income families from securing affordable homes, disproportionately harming people of color. Because these ordinances satisfy the rational basis test, they have been immune from substantive due process attack. This Article provides a new method to challenge the constitutionality of exclusionary zoning.
For decades, the Supreme Court has recognized that the Due Process Clause of the Fourteenth Amendment protects the right to “establish a home.” The Clause was adopted, in part, as a response to the “Black Codes” enacted by southern states in the post-Civil War era …
The Global Right To Property, John G. Sprankling
The Global Right To Property, John G. Sprankling
McGeorge School of Law Scholarly Articles
Does a right to property exist under international law? The traditional answer to this question is “no”―a right to property can arise only under national law. But sweeping economic and political changes in recent decades have laid the foundation for recognizing a global right to property. Ideological opposition to property rights has faded with the end of the Cold War; China, Russia, and other socialist states have transitioned to market economies which are premised on private property; and the globalization of trade has enhanced international support for protecting property rights. Accordingly, it is appropriate to revisit the question.
This article …
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
The Property Jurisprudence Of Justice Kennedy, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Owning The Center Of The Earth, John G. Sprankling
Owning The Center Of The Earth, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Introduction: The Impact Of Kelo V. City Of New London On Eminent Domain, John G. Sprankling
Introduction: The Impact Of Kelo V. City Of New London On Eminent Domain, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
The Presumption Of Undue Influence Resurrected: He Said/She Said Is Back, Christine Manolakas
The Presumption Of Undue Influence Resurrected: He Said/She Said Is Back, Christine Manolakas
McGeorge School of Law Scholarly Articles
No abstract provided.
Property And Television, John G. Sprankling
Property And Television, John G. Sprankling
McGeorge School of Law Scholarly Articles
Property rights are-in large part-based on societal expectations. What shapes those expectations? One factor is television, our culture's most important medium of communication. The modern "reality show" may be particularly powerful in affecting the attitudes of viewers because it presents a model of "real life" behavior. This essay is the first legal scholarship to explore the relationship between television and property rights. It focuses on Survivor, the CBS program that chronicles the lives of "castaways" trying to survive in a tropical wilderness, where property is both scarce and vital. Survivor is a "reality show"-and one of the most successful programs …
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala
McGeorge School of Law Scholarly Articles
No abstract provided.
The Antiwilderness Bias In American Property Law, John G. Sprankling
The Antiwilderness Bias In American Property Law, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
An Environmental Critique Of Adverse Possession, John G. Sprankling
An Environmental Critique Of Adverse Possession, John G. Sprankling
McGeorge School of Law Scholarly Articles
No abstract provided.
Changing Judicial Attitudes Towards Property Rights In California Water Resources: From Vested Rights To Utilitarian Reallocations, Clifford W. Schulz, Gregory S. Weber
Changing Judicial Attitudes Towards Property Rights In California Water Resources: From Vested Rights To Utilitarian Reallocations, Clifford W. Schulz, Gregory S. Weber
McGeorge School of Law Scholarly Articles
No abstract provided.