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Articles 1 - 7 of 7
Full-Text Articles in Constitutional Law
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mining With Mr. Justice Holmes, E. F. Roberts
Mining With Mr. Justice Holmes, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Inholders: An Endangered Species?, Wm. Kelly Nash
Inholders: An Endangered Species?, Wm. Kelly Nash
BYU Law Review
No abstract provided.
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Economic Analysis Of Liberty And Property: A Critique, Peter N. Simon
Publications
No abstract provided.
Searching For The Status Quo, Jeremy Paul
Economics Of Public Use, Thomas W. Merrill
Economics Of Public Use, Thomas W. Merrill
Faculty Scholarship
The fifth amendment to the United States Constitution, as well as most state constitutions, provides that private property shall not be taken "for public use" unless just compensation is paid. American courts have long construed this to mean that some showing of "publicness" is a condition precedent to a legitimate exercise of the power of eminent domain. Thus, when a proposed condemnation of property lacks the appropriate public quality, the taking is deemed to be unconstitutional and can be enjoined. In practice, however, most observers today think the public use limitation is a dead letter. Three recent decisions, upholding takings …
The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson
The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson
Seattle University Law Review
This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the …