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Articles 31 - 60 of 61

Full-Text Articles in Law

Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades Oct 2002

Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades

Faculty Publications

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Oct 2002

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.


Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan Jan 2002

Zoning, Taking, And Dealing: The Problems And Promise Of Bargaining In Land Use Planning, Erin Ryan

Faculty Publications

No abstract provided.


When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud Jul 2001

When Lochner Met Dolan: The Attempted Transformation Of American Land Use Law By Constitutional Interpretation, Ronald H. Rosenberg, Nancy Stroud

Faculty Publications

No abstract provided.


History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades Apr 2001

History And Interpretation Of The Great Case Of Johnson V. M'Intosh, Eric Kades

Faculty Publications

No abstract provided.


The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades Jan 2000

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.


The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler Jan 2000

The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler

Faculty Publications

No abstract provided.


Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Oct 1999

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …


From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson Apr 1999

From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Jul 1998

Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

No abstract provided.


Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades Jan 1994

Avoiding Takings “Accidents”: A Torts Perspective On Takings Law, Eric Kades

Faculty Publications

Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result. This article argues that the insurance-based understanding of the just compensation requirement can be preserved without reaching the surprising no-compensation result. The intuitive appeal of understanding the Takings Clause …


Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler Jan 1992

Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler

Faculty Publications

No abstract provided.


Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie Jan 1991

Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie

Faculty Publications

No abstract provided.


Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman Oct 1990

Statutory Personal Property Lease Law In Alabama, Peter A. Alces, P. Cade Newman

Faculty Publications

No abstract provided.


The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone Jan 1990

The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone

Faculty Publications

No abstract provided.


The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer Oct 1985

The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer

Faculty Publications

No abstract provided.


Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler Oct 1985

Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler

Faculty Publications

Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the doctrine …


The Origins Of Property In England, Robert C. Palmer Apr 1985

The Origins Of Property In England, Robert C. Palmer

Faculty Publications

No abstract provided.


Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins Jan 1985

Christmas Without Creches?: Can Private Nativity Scenes Be Banned From Public Land?, Neal Devins

Faculty Publications

No abstract provided.


The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone Jan 1985

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.


Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie Jan 1984

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …


Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein Apr 1982

Historic Preservation Easements: A Proposal For Ohio, Ronald H. Rosenberg, Pamela G. Jacobstein

Faculty Publications

No abstract provided.


The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer Apr 1981

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Faculty Publications

No abstract provided.


The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne Jul 1980

The Recrudescence Of Property Rights As The Foremost Principle Of Civil Liberties: The First Decade Of The Burger Court, William W. Van Alstyne

Faculty Publications

No abstract provided.


Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler Jan 1976

Virginia Survey Of Law: Property Section; Trusts And Estates Section, Lynda L. Butler

Faculty Publications

No abstract provided.


A Reassessment Of The Legal Bases Of Zoning, John E. Donaldson Apr 1973

A Reassessment Of The Legal Bases Of Zoning, John E. Donaldson

Faculty Publications

No abstract provided.


"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee Jan 1972

"Active Conduct" Distinguished From "Conduct" Of A Rental Real Estate Business, John W. Lee

Faculty Publications

No abstract provided.


Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson Apr 1969

Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson

Faculty Publications

No abstract provided.


The Student As University Resident, William W. Van Alstyne Jan 1968

The Student As University Resident, William W. Van Alstyne

Faculty Publications

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.


Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr. Jan 1938

Applications Of The Distinction Between Mortgages And Trust Deeds In California, Joseph M. Cormack, James B. Irsfeld Jr.

Faculty Publications

No abstract provided.