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Articles 61 - 88 of 88
Full-Text Articles in Law
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams
The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams
UIC Law Review
No abstract provided.
Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams
Maximizing Damages In A Fair Housing Case, 26 J. Marshall L. Rev. 1 (1992), Kale Williams
UIC Law Review
No abstract provided.
Zero-Sum Madison, Thomas W. Merrill
Zero-Sum Madison, Thomas W. Merrill
Faculty Scholarship
Has the fabric of American constitutional law been permanently "distorted" by the Framers' preoccupation with protecting private property against redistribution? Jennifer Nedelsky thinks so. In this provocative study of how the idea of property shaped the political thought of the Framers and the institutions they designed, she argues that James Madison's constitutional philosophy was driven by fear that a future propertyless majority would seek to expropriate the holdings of a minority. To combat this danger, Madison sought to create a structure of government that would ensure the dominance of the propertied elite. Madison's obsessive fear of redistribution spread to the …
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Private Land Use, Changing Public Values And Notions Of Relativity, Lynda L. Butler
Faculty Publications
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson
Loveladies Harbor, Inc. V. United States: Application Of Traditional Regulatory Taking Law To The Regulation Of Wetlands, Judith A. Johnson
Villanova Environmental Law Journal
No abstract provided.
Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon
Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured Court delivered an …
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
Seattle University Law Review
Because the cost and incidence of hazardous waste contamination are soaring and because the courts favor broad interpretations of CERCLA's liability provisions, counsel for prospective purchasers of commercial real estate must take certain prepurchase precautions to minimize potential CERCLA liability. This Comment pro- vides practical suggestions as to the aim and form of those precautions. In Part II, this Comment first examines the basic statutory framework and liability scheme of CERCLA. Part III discusses the common law principles of successor liability and their relation to CERCLA's liability mechanism. Finally, in Part IV, this Comment presents a variety of preventive law …
Judicial Review Of The Compensation Law In Hungary, Peter Paczolay
Judicial Review Of The Compensation Law In Hungary, Peter Paczolay
Michigan Journal of International Law
This article analyzes the Hungarian Constitutional Court's decisions regarding a specific problem of property rights, namely the Compensation Law. It does not attempt to examine the details of broad subjects such as property rights or privatization.
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
A Bitter Inheritance: East German Real Property And The Supreme Constitutional Court's "Land Reform" Decision Of April 23, 1991, Jonathan J. Doyle
Michigan Journal of International Law
This article briefly examines the principal expropriatory measures undertaken between 1945 and 1989, the agreements between the two German governments relating thereto, and the divisive constitutional issues raised by this fusion of two antithetical legal systems in the area of property law. The text concludes with an analysis of the German Supreme Court's "Land Reform" decision and the juridical controversy surrounding it.
Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller
Hungarian Legal Reform For The Private Sector, Cheryl W. Gray, Rebecca J. Hanson, Michael A. Heller
Faculty Scholarship
Hungary is in the midst of a fundamental transformation toward a market economy. Although Hungary has long been in the forefront of efforts to reform socialism itself, after 1989 the goals of reform moved from market socialism toward capitalism, as the old Communist regime lost power and the idea of widespread private ownership gained acceptance. The legal framework – the "rules of the game – is now being geared toward encouraging, protecting, and rewarding entrepreneurs in the private sector.
This Article describes the evolving legal framework in Hungary in several areas: constitutional, real property, intellectual property, company, foreign investment, contract, …
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Law Faculty Publications
For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by publication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. The …
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
Erisa: Anti-Alienation Superiority In Bankruptcy, George Lee Flint Jr.
West Virginia Law Review
No abstract provided.
Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble
Prior Appropriation And The Property Clause: A Dialogue Of Accommodation, Dale Goble
Articles
No abstract provided.
The Legal Basis Of Aboriginal Title, Brian Slattery
The Legal Basis Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power
Faculty Scholarship
Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Faculty Scholarship
No abstract provided.
Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll
Taxation, Negative Amortization And Affordable Mortgages, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Eminent Domain (Update), James E. Krier
Eminent Domain (Update), James E. Krier
Book Chapters
One of the most challenging and enduring puzzles in American constitutional law is how one distinguishes a compensable taking of power from a legitimate and noncompensable exercise of the police power. To suggest the Supreme Court’s approach to the question, Harry N. Scheiber, author of the Encyclopedia’s principal article on eminent domain, looked back and away from the Court to Chief Justice Lemuel Shaw of Massachusetts.
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …
Social-Republican Property, William H. Simon
Social-Republican Property, William H. Simon
Faculty Scholarship
Economic democracy is the idea that the norms of equality and participation that classical liberalism confines to a narrowly defined sphere of government should apply to the sphere of economic life. Economic democracy thus entails a challenge to the classical liberal notion of property. In classical liberalism, property defines a realm of private enjoyment. No particular property right is a prerogative of, or a prerequisite to, citizenship, and the exercise of property rights by those who have them is not assessed in political terms.
One alternative to classical liberalism responsive to the ideal of economic democracy is classical socialism. Classical …
Less Law Than Meets The Eye, David D. Friedman
Less Law Than Meets The Eye, David D. Friedman
Michigan Law Review
A Review of Order Without Law: How Neighbors Settle Disputes by Robert C. Ellickson
Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz
Separating The Objective, The Subjective, And The Speculative: Assessing Compensatory Damages In Fair Housing Adjudications, 26 J. Marshall L. Rev. 3 (1992), Alan W. Heifetz, Thomas C. Heinz
UIC Law Review
No abstract provided.
Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown
Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown
UIC Law Review
No abstract provided.
Fragments On The Death Watch, Louise Harmon