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The Total Takings Myth, Lynn E. Blais 2017 University of Texas at Austin School of Law

The Total Takings Myth, Lynn E. Blais

Fordham Law Review

For almost thirty-five years, the U.S. Supreme Court has attempted to carve out a total takings doctrine within its regulatory takings jurisprudence. Most regulatory takings claims are evaluated under the “ad hoc” threefactor test first articulated in Penn Central Transportation Co. v. City of New York. Exceedingly few of these claims are successful. But the Court has identified certain categories of government actions that are compensable takings per se, otherwise known as total takings. This began in 1982 with Loretto v. Teleprompter Manhattan CATV Corp., where the Court held that a land use ordinance requiring a landowner to endure ...


Reviving Reliance, Ann M. Lipton 2017 Tulane Law School

Reviving Reliance, Ann M. Lipton

Fordham Law Review

This Article explores the misalignment between the disclosure requirements of the federal securities laws and the private causes of action available to investors to enforce those requirements. Historically, federally mandated disclosures were designed to allow investors to set an appropriate price for publicly traded securities. Today’s disclosures, however, also enable stockholders to participate in corporate governance and act as a check on managerial misbehavior. To enforce these requirements, investors’ chief option is a claim under the general antifraud statute, section 10(b) of the Securities Exchange Act of 1934. But courts are deeply suspicious of investors’ attempts to use ...


Adjudication In The Age Of Disagreement, John Fabian Witt 2017 Yale Law School

Adjudication In The Age Of Disagreement, John Fabian Witt

Fordham Law Review

In the time I have here with you today I would like to offer the beginnings of an answer. It does not lie in the distance between the court’s traditions and Manton’s conduct. That would be too easy. At base, I think the answer lies in something far more subtle and interesting: the relationship between acentral tradition of the Second Circuit and one of the great questions we face as a society today. That question is how to deal with disagreement.


La Sentencia Del Tjue «Tofutown.Com Gmbh» (Denominaciones Utilizadas Para La Comercialización De Alimentos Vegetales): Fundamentos Jurídicos Y Alcance, Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

La Sentencia Del Tjue «Tofutown.Com Gmbh» (Denominaciones Utilizadas Para La Comercialización De Alimentos Vegetales): Fundamentos Jurídicos Y Alcance, Luis González Vaqué

Luis González Vaqué

El TJUE declaró que el artículo 78, apartado 2, y el anexo VII, parte III, del Reglamento (UE) nº 1308/2013 por el que se crea la organización común de mercados de los productos agrarios deben interpretarse en el sentido de que se oponen a que la denominación «leche» y las denominaciones que este Reglamento reserva exclusivamente a los productos lácteos se utilicen para designar, en la comercialización o en la publicidad, un producto puramente vegetal, aun cuando esas denominaciones se completen con menciones explicativas o descriptivas que indiquen el origen vegetal del producto en cuestión, salvo que el producto ...


Of Law And Other Artificial Normative Systems, Mitchell N. Berman 2017 University of Pennsylvania Law School

Of Law And Other Artificial Normative Systems, Mitchell N. Berman

Faculty Scholarship

Different theories of law are situated within different pictures of our normative landscape. This essay aims to make more visible and attractive one picture that reflects basic positivist sensibilities yet is oddly marginalized in the current jurisprudential literature. The picture that I have in mind tries to vindicate surface appearances. It maintains that the social world is densely populated by countless normative systems of human construction (“artificial normative systems”) whose core functions are to generate and maintain norms (oughts, obligations, powers, rights, prohibitions, and the like). The norms that these systems output are conceptually independent from each other, and may ...


A Christian Jurisprudence, John Kuhn Bleimaier 2017 St. John's University School of Law

A Christian Jurisprudence, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.


A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort 2017 St. John's University School of Law

A Jurisprudence Of Faith: An Experiment In Using Theology To Interpret Jurisprudence, Timothy L. Fort

The Catholic Lawyer

No abstract provided.


From Eternity To Here: In Search Of The Origins Of Secularism, Nomi Stolzenberg 2017 BLR

From Eternity To Here: In Search Of The Origins Of Secularism, Nomi Stolzenberg

University of Southern California Legal Studies Working Paper Series

This article puts forth a hypothesis about the theological origins of liberalism and secularism that offers an alternative to standard accounts of the intellectual origins/theological foundations of liberalism and of political theology which see the two as separate and mutually exclusive. On my hypothesis, the emergency theory of the state associated with political theology and the liberal theory of the state are (or were at their point of origin) the same thing. The hypothesis is that the theory that the state must be secular (and must be founded on principles of due process and religious pluralism, which come to ...


A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca 2017 St. John's University School of Law

A New Jurisprudential Aspect Of Antisocial Personality Disorder In Relation To Marriage, Reverend Augustine Mendonca

The Catholic Lawyer

No abstract provided.


Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti 2017 St. John's University School of Law

Toward A Theory Of Judicial Decisionmaking: A Synthesis Of Ideologist Jurisprudence And Doctrinalism, Raymond A. Belliotti

The Catholic Lawyer

No abstract provided.


The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters 2017 St. John's University School of Law

The Process Of Responsible Decision: Observations On The Jurisprudence Of Professor Jones, Edward N. Peters

The Catholic Lawyer

No abstract provided.


The Symmetry Principle, Bradley A. Areheart 2017 University of Tennessee College of Law

The Symmetry Principle, Bradley A. Areheart

Boston College Law Review

Title VII provides symmetrical protection against discrimination in that both blacks and whites, and men and women may avail themselves of the law’s protections. In contrast, the Age Discrimination in Employment Act operates asymmetrically, shielding workers over the age of forty from discrimination yet offering no reciprocal protection for younger workers. Why do some antidiscrimination laws protect symmetrically while others do not? More importantly, why does this design choice matter? These are questions that scholars, courts, and legislators have generally ignored. This Article proceeds in two parts. First, it identifies symmetry as an important, yet frequently overlooked, way in ...


Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin 2017 Boston College Law School

Understanding The Public Trust Doctrine Through Due Process, Michael O'Loughlin

Boston College Law Review

The public trust doctrine (“PTD”) could be a powerful tool for environmental lawyers. It protects the public’s right to use and access resources by placing them in trust with the state and guiding the sovereign’s discretion in their management. Although it lies inherent in sovereignty, the law scatters it across constitutional, statutory, and common law sources, hurting its effectiveness. Understanding the public’s beneficiary interest in this public trust as a due process protected property right would help resolve these failings by placing it under the umbrella of the U.S. Constitution’s guarantee against arbitrary deprivations of ...


Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai 2017 Brooklyn Law School

Constitutional Borrowing, Nelson Tebbe, Robert L. Tsai

Nelson Tebbe

Borrowing from one domain to promote ideas in another domain is a staple of constitutional decisionmaking. Precedents, arguments, concepts, tropes, and heuristics all can be carried across doctrinal boundaries for purposes of persuasion. Yet the practice itself remains underanalyzed. This Article seeks to bring greater theoretical attention to the matter It defines what constitutional borrowing is and what it is not, presents a typology that describes its common forms, undertakes a principled defense of borrowing, and identifies some of the risks involved. Our examples draw particular attention to places where legal mechanisms and ideas migrate between fields of law associated ...


Pepperdine University School Of Law: Legal Summaries, Jane Seo 2017 Pepperdine University

Pepperdine University School Of Law: Legal Summaries, Jane Seo

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Abortion As Betrayal, Richard Stith 2017 Valparaiso University

Abortion As Betrayal, Richard Stith

Richard Stith

Abortion is worse than ordinary murder, principally because it involves the betrayal of a dependent by a natural guardian. Furthermore, abortion is emblematic of wider lethal betrayals of radically dependent persons. All these betrayals are rationalized precisely by the victims’ lack of autonomy-based dignity. Christianity counters by affirming the concern and respect due to those who helplessly suffer worldly disdain.


Hyatt V. Franchise Tax Board Of California: Perils Of Undue Disputing Zeal And Undue Immunity For Government-Inflicted Injury, Jeffrey W. Stempel 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Hyatt V. Franchise Tax Board Of California: Perils Of Undue Disputing Zeal And Undue Immunity For Government-Inflicted Injury, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.


La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué 2017 Asociación Iberoamericana para el Dereho Alimentario

La Corte Di Giustizia E Le Misure Transitorie Relative Alle Indicazioni Sulla Salute Fornite Sui Prodotti Alimentari. Il Caso Dei " Fiori Di Bach ", Luis González Vaqué

Luis González Vaqué

Article 28(2), first sentence, of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods (consolidated version), must be interpreted as meaning that that provision applies in the situation in which a foodstuff bearing a trade mark or brand name was, before 1 January 2005, marketed as a medicinal product and then, although having the same physical characteristics and bearing the same trade mark or brand name, as a foodstuff after that date.


The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks 2017 St. John's University School of Law

The Politics Of Jurisprudence: Liberty And Equality In Rawls And Dworkin, Stephen C. Hicks

The Catholic Lawyer

No abstract provided.


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