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Articles 1 - 30 of 65
Full-Text Articles in Property Law and Real Estate
The Realities Of Takings Litigation, Dave Owen
The Realities Of Takings Litigation, Dave Owen
BYU Law Review
This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States' …
Redefining The Boundary Between Appropriation And Regulation, Jessica L. Asbridge
Redefining The Boundary Between Appropriation And Regulation, Jessica L. Asbridge
BYU Law Review
The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when interpreting the Fifth Amendment’s Takings Clause. While appropriations of any kind require just compensation to survive constitutional scrutiny, whether non-appropriative laws regulating property rights require compensation is determined on an ad hoc basis, guided by concerns of fairness and justness. In Cedar Point Nursery v. Hassid, the Court reaffirmed its prior precedent establishing the physical takings doctrine, providing that an appropriation is any government action that results in a physical invasion of an owner’s real property and a taking of the owner’s right to exclude. The Court …
Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast
Debunking Intellectual Property Myths: Cross Cultural Experiments On Perceptions Of Property, Gregory N. Mandel, Kristina R. Olson, Anne A. Fast
BYU Law Review
For decades, the prevailing view in the United States and many Western countries has been that China does not appropriately respect intellectual property rights. These beliefs lie at the heart of President Donald Trump’s current trade war with China. Despite substantial geopolitical debate over differences between American an d Chinese attitudes towards intellectual property rights, and despite the critical effects that such attitudes have on international economic markets and the function of intellectual property systems, empirical evidence of these attitudes is largely lacking. This Article presents original experimental survey research that explores cross cross-cultural differences between American and Chinese attitudes …
Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub
Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub
BYU Law Review
Almost $8 million—that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection.
Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar …
The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith
BYU Law Review
No abstract provided.
A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly
A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly
BYU Law Review
No abstract provided.
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson
BYU Law Review
This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …
Reliance In Land Use Law, Kenneth A. Stahl
Reliance In Land Use Law, Kenneth A. Stahl
BYU Law Review
For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …
Municipal Manifest Destiny: Constitutionality Of Unilateral Municipal Annexations, Dustin Cammack
Municipal Manifest Destiny: Constitutionality Of Unilateral Municipal Annexations, Dustin Cammack
BYU Law Review
No abstract provided.
What Lies Beneath Section 956(C)(1)(D): Does An Intangible Property Right Constitue An Investment In U.S. Property?, Paul K. Marineau
What Lies Beneath Section 956(C)(1)(D): Does An Intangible Property Right Constitue An Investment In U.S. Property?, Paul K. Marineau
Brigham Young University International Law & Management Review
No abstract provided.
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray
BYU Law Review
The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …
Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman
Closing Pandora's Box: Proposing A Statutory Solution To The Supreme Court's Failure To Adequately Protect Property, Ryan Merriman
BYU Law Review
No abstract provided.
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
BYU Law Review
No abstract provided.
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee
Brigham Young University International Law & Management Review
No abstract provided.
Judicial Takings In Vandevere V. Lloyd, Cory S. Clements
Judicial Takings In Vandevere V. Lloyd, Cory S. Clements
BYU Law Review
No abstract provided.
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
BYU Law Review
No abstract provided.
Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen
Examining The Public Use Doctrine And Whether Expanding A Private University Is A Public Use, Chad Olsen
Brigham Young University Journal of Public Law
No abstract provided.
Missed Opportunity Or Dodged Bullet? The Tenth Circuit’S Non-Decision In Rocky Mountain Christian Church V. Board Of County Commissioners, James C. Dunkelberger
Missed Opportunity Or Dodged Bullet? The Tenth Circuit’S Non-Decision In Rocky Mountain Christian Church V. Board Of County Commissioners, James C. Dunkelberger
BYU Law Review
No abstract provided.
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
Inverse Condemnation Actions Present Unique Problems When Determining “Just Compensation”, Ricky J. Nelson
BYU Law Review
No abstract provided.
Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power
Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power
Brigham Young University Journal of Public Law
No abstract provided.
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
Rluipa And Eminent Domain: Probing The Boundaries Of Religious Land Use Protection, Matthew Baker
BYU Law Review
No abstract provided.
The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden
The Parcel As A Whole: A Presumptive Structural Approach For Determining When The Government Has Gone Too Far, Keith Woffinden
BYU Law Review
No abstract provided.
Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Death By A Thousand Cuts Or Hard Bargaining?: How The Court's Indecision In Wilkie V. Robbins Improperly Eviscerates The Bivens Action, Natalie Banta
Brigham Young University Journal of Public Law
No abstract provided.
Utah Leads The Way In Regulating Land Use Exactions Through Statute But Still Has Room To Improve, Andrea B. Pace
Utah Leads The Way In Regulating Land Use Exactions Through Statute But Still Has Room To Improve, Andrea B. Pace
Brigham Young University Journal of Public Law
No abstract provided.
Grave Matters: The Ancient Rights Of The Graveyard, Alfred L. Brophy
Grave Matters: The Ancient Rights Of The Graveyard, Alfred L. Brophy
BYU Law Review
No abstract provided.
Off-Site Conditions And Disclosure Duties: Drawing The Line At The Property Line, Florrie Young Roberts
Off-Site Conditions And Disclosure Duties: Drawing The Line At The Property Line, Florrie Young Roberts
BYU Law Review
No abstract provided.
Just Compensation And The Seller's Paradox, Nathan Burdsal
Just Compensation And The Seller's Paradox, Nathan Burdsal
Brigham Young University Journal of Public Law
No abstract provided.
That Land Is Your Land, This Land Is My Land … Until The Local Government Can Turn It For A Profit: A Critical Analysis Of Kelo V. City Of New London, Sonya D. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Dysfunctional Distinctions In Land Use: The Failure Of Legislative/Adjudicative Distinctions In Utah And The Case For A Uniform Standard Of Review, Todd W. Prall
BYU Law Review
No abstract provided.
The Takings Clause As A Comparative Right, John Fee
The Takings Clause As A Comparative Right, John Fee
Faculty Scholarship
No abstract provided.