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Full-Text Articles in Law
Written Testimony Of Gerald S. Dickinson For The U.S. Senate Hearing On Fencing Along The Southwest Border (Senate Committee On Homeland Security And Governmental Affairs), Gerald S. Dickinson
Written Testimony Of Gerald S. Dickinson For The U.S. Senate Hearing On Fencing Along The Southwest Border (Senate Committee On Homeland Security And Governmental Affairs), Gerald S. Dickinson
Testimony
It is with great pleasure that I submit this written testimony at the request of the Office of the Ranking Member, Senator McCaskill. I am pleased that the Homeland Security and Governmental Affairs Committee is devoting its April 4, 2017 hearing to an examination of efforts to secure the southwest border through the construction of a wall. Further, as a law professor who writes and teaches in the areas of constitutional property and land use, I take great interest in the committee's focus on the legal authorities related to the wall construction along the U.S.-Mexico border.
Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman
Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman
Sea Grant Law Fellow Publications
No abstract provided.
The New Politics Of New Property And The Takings Clause, Christopher Serkin
The New Politics Of New Property And The Takings Clause, Christopher Serkin
Vanderbilt Law School Faculty Publications
This Essay offers a broad gloss on the traditional politics of property protection and then catalogues a number of ways in which those politics have been changing. In many cases, the account is of fragmentation and fracture as once stable commitments have become much more contingent and fact dependent.' Admittedly, this characterization paints with an extremely broad brush. That is both its contribution and its weakness. This short Essay deliberately simplifies the characterization of preferences across the political spectrum. Much more nuanced definitions would better track the complexity of the underlying issues. Judges and scholars discussed below might also object …
Parallel State, Gregory Dolin, Irina D. Manta
Parallel State, Gregory Dolin, Irina D. Manta
All Faculty Scholarship
Alternatively glamorized and reviled, Rio de Janeiro’s shantytowns, known as “favelas,” have become a fixture of the city’s architecture and life. It is estimated that about a million and a half people reside in these informal settlements that are scattered in the center and outskirts of Brazil’s second-largest metropolitan area. Operating in the shadow of the law and lacking formal ownership title, favela residents have constructed an intricate set of informal rules to buy, sell, rent, and bequeathe property that is often administered by the residents’ associations of individual neighborhoods, which also assist in mediating related conflicts. While largely untested …
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 …