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The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol N. Brown
The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol N. Brown
Law Faculty Publications
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, 1 specifically focusing on the Lucas nuisance exception. I surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. I 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.
The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman's Separate Estate, Allison Anna Tait
The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman's Separate Estate, Allison Anna Tait
Law Faculty Publications
Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women's property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate's utility and argue that Chancery's separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates guaranteed critical financial …