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Articles 1 - 8 of 8
Full-Text Articles in Property Law and Real Estate
Disclaiming Property, Michael Pappas
Disclaiming Property, Michael Pappas
Faculty Scholarship
Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.
Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural …
The Influence Of Exile, Sara K. Rankin
The Influence Of Exile, Sara K. Rankin
Maryland Law Review
Belonging is a fundamental human need, but human instincts are Janus-faced and equally strong is the drive to exclude. This exclusive impulse, which this Article calls “the influence of exile,” reaches beyond interpersonal dynamics when empowered groups use laws and policies to restrict marginalized groups’ access to public space. Jim Crow, Anti-Okie, and Sundown Town laws are among many notorious examples. But the influence of exile perseveres today: it has found a new incarnation in the stigmatization and spatial regulation of visible poverty, as laws that criminalize and eject visibly poor people from public space proliferate across the nation. These …
Singled Out, Michael Pappas
Singled Out, Michael Pappas
Maryland Law Review
David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?
Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.
However, courts and scholars have yet to critically examine the concept of singling-out, and …
The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman
The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman
Maryland Law Review
No abstract provided.
Hungry In The “Land Of Pleasant Living”: Combating The Effects Of Baltimore’S Food Deserts On Childhood Education Through Eminent Domain, Gabriel H. Rubinstein
Hungry In The “Land Of Pleasant Living”: Combating The Effects Of Baltimore’S Food Deserts On Childhood Education Through Eminent Domain, Gabriel H. Rubinstein
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Requiem For Regulation, Garrett Power
Requiem For Regulation, Garrett Power
Faculty Scholarship
This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment …
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Faculty Scholarship
No abstract provided.
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Parceling Out Land In Baltimore, 1632-1796, Garrett Power
Faculty Scholarship
No abstract provided.