Law Commons^™

Property Law: 1998 Survey Of Florida Law, Ronald B. Brown, Joseph M. Grohman

Faculty Scholarship

No abstract provided.

The Nexus Of Federal And State Law In Railroad Abandonments, Marc A. Sennewald

Vanderbilt Law Review

The United States Congress embarked on a new era in the regulation of interstate commerce when it created the Interstate Commerce Commission ("ICC") in 1887 to regulate railroad traffic.' A major purpose of the ICC regulatory framework, as amended by the Transportation Act of 1920, was to preempt actions by state and local authorities that prevented railroads from abandoning unprofitable lines. When Congress passed the Transportation Act, 252,588 miles of track criss-crossed the United States; by 1990 the number of rail- way miles had decreased by almost half.

Although the relative ease with which railroads abandoned unprofitable lines augmented their …

Protecting Property Rights With Strict Scrutiny: An Argument For The "Specifically And Uniquely Attributable" Standard , Daniel Williams Russo

Fordham Urban Law Journal

This article analyzes three levels of scrutiny states have applied to regulatory takings cases. These include 'judicial deterrence", "rational nexus", and "specifically and uniquely attributable". The author argues that the first two standards are inefficient and concludes in favor of the "specifically and uniquely attributable" standard.