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Full-Text Articles in Law
Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett
Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett
Journal Articles
This short essay reviews the regulatory takings legacy of Justice Antonin Scalia, evaluating both its impact on the Supreme Court's takings canon and its consistency with his stated jurisprudential principles.
Freeing The City To Compete, James J. Kelly Jr.
Freeing The City To Compete, James J. Kelly Jr.
Journal Articles
In this paper, I examine how the rights of owners, lenders and residents threaten the functioning of real markets in distressed urban neighborhoods, perpetuating the pall that vacant and abandoned houses cast over their future. Even a single abandoned house can present an example of how the rights of several stakeholders create a form of gridlock known as anticommons, which isolates that property from a potentially transformative transfer of title. In addition to this legal anticommons, some neighborhoods are so beset by vacant property problems that they require coordination of investment that is frustrated by both the multiplicity of private …
Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett
Planning For Density: Promises, Perils And A Paradox, Nicole Stelle Garnett
Journal Articles
This article, which was delivered as the 2017 Environmental Distinguished Lecture at Florida State University, discussed the promises, perils and an unappreciated paradox of current efforts to use land use policy to densify and urbanize American communities.