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Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher 2017 Duke Law

Flying Under The Radar: Low-Altitude Local Drone Use And The Reentry Of Property Rights, Kenneth Maher

Duke Law & Technology Review

The characteristics and capabilities of civilian drones have proliferated in recent years, giving rise to a burgeoning industry. The popular media and academic literature have predominantly focused on privacy concerns, devoting considerably less attention to the regulatory challenges created by the new technology. Congress instructed the FAA to integrate drones into the National Airspace System in 2012, but rulemaking delays and a moratorium on commercial uses hampered the industry and withheld benefits from the public. Final regulations are now in place, but the new rules revive legal uncertainty over the constitutional limits of federal authority and the ambiguous vertical bounds ...


Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens 2016 Nevada Law Journal

Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens

Nevada Supreme Court Summaries

The Court determined that a notice of completion’s recording date—not the date on which the notice is signed and notarized—signifies when the notice is “issued” to trigger “substantial completion” under NRS 11.2055(1)(b) for NRS Chapter 11’s construction defect statutes of repose.


Prescripción Contra El Estado Y Accesión.Pdf, Alan A. Pasco Arauco 2016 Universidad San Marcos

Prescripción Contra El Estado Y Accesión.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-ford Tritt 2016 University of Florida Levin College of Law

Moving Forward By Looking Back: The Retroactive Application Of Obergefell, Lee-Ford Tritt

UF Law Faculty Publications

The recent Supreme Court decision of Obergefell v. Hodges has forever altered American jurisprudence. Not only did this decision make same-sex marriage legal in all fifty states, but it also required states to recognize same-sex marriages from other states in accordance with the 14th Amendment. The Court’s holding in Obergefell raises a fundamental question with serious legal and financial significance: when exactly do these once unrecognized marriages legally begin? And to what extent must courts apply Obergefell retroactively? The stakes are high and substantive financial effects are pending on the answer to this question — for, with marriage, comes wide-ranging ...


Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell 2016 Texas A&M University School of Law

Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell

Thomas W. Mitchell

For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white ...


Demonetisation_ A Constitutional Law Expert Explains Why The Narendra Modi Government Can't Stop Indians From Accessing Their Money — Quartz.Pdf, Shubhankar Dam 2016 SMU School of Law

Demonetisation_ A Constitutional Law Expert Explains Why The Narendra Modi Government Can't Stop Indians From Accessing Their Money — Quartz.Pdf, Shubhankar Dam

Shubhankar Dam

In the late hours of November 8, Prime Minister Narendra Modi plunged India into an economic unknown. He unveiled a monetary experiment without historical parallels. Overnight, 86 percent of all Indian currency notes became illegal tender. The million haggles, motley exchanges and many handshakes that motor India’s economy screeched to a halt. Cash disappeared.
 
The demonitisation move came with strict limits on cash withdrawals. Banked citizens abruptly had their accounts restricted. Income, lawfully earned, taxed, and deposited, was fenced out of reach. Individuals, for now, are limited to rupees 24,000 (USD 350) a week, and businesses, big and ...


Collective Coercion, Benjamin Means, Susan S. Kuo 2016 University of South Carolina School of Law

Collective Coercion, Benjamin Means, Susan S. Kuo

Boston College Law Review

When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their own decisions. On the other hand, the law might empower a central authority to decide, thereby solving a problem of collective action in order to maximize the group’s shared interests. The tension between these two approaches creates deep uncertainty for the regulation of collective-choice ...


Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder 2016 Indiana University School of Law - Bloomington

Coliseum Square Association V. City Of New Orleans: Streets For Rent, Or Public Things And The Undermining Of The Doctrine Of Inalienability, David V. Snyder

David Snyder

No abstract provided.


Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias 2016 Nevada Law Journal

Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias

Nevada Supreme Court Summaries

The Court concluded that funds contained in financial accounts under 26 U.S.C. § 529 (“529 accounts”) constitute a debt and that these funds are subject to execution and garnishment in Nevada despite their physical location elsewhere. Specifically, the Court adopted Section 68 of the Restatement (Second) of Conflict of Laws and concluded that funds contained in 529 accounts are a debt, not a chattel.


Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen 2016 University of Hong Kong

Optimal Property Rights For Emerging Natural Resources: A Case Study On Owning Atmospheric Moisture, Jianlin Chen

University of Michigan Journal of Law Reform

This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive ...


Like-Kind Exchanges: A Popular Option For Property Transfers, Neil Harl 2016 Iowa State University

Like-Kind Exchanges: A Popular Option For Property Transfers, Neil Harl

Neil E. Harl

In the decades since the like-kind exchange provision 1 was enacted, 2 the concept has become popular among property owners. Indeed, the concept has become so popular that calls are being heard for the Internal Revenue Code sections to be limited or even repealed. Those sentiments appear to be driven primarily by concerns over the impacts of like-kind exchanges on land values.


Compensation For Coal Seam Gas Occupation: Assessing The Harms, Michael Fibbens, Michael Y. Mak, Anthony Williams 2016 University of Newcastle

Compensation For Coal Seam Gas Occupation: Assessing The Harms, Michael Fibbens, Michael Y. Mak, Anthony Williams

Anthony Williams

Coal seam gas (CSG) extraction is expanding in eastern Australia. However, while the body of knowledge relating to compensation for partial taking is well established, the theory concerning the valuation of landholder compensation for occupation by CSG infrastructure is in an embryonic stage. In order to further the development of theory in this important area, this research investigates the harms that are inflicted upon landholders and their property by CSG occupation. As indicated in the Queensland mining case of Peabody West Burton Pty Ltd & Ors v Mason & Ors [2012] QLC 23, the assessment of compensation begins by enquiring as to ...


Coal Seam Gas Extraction: Does Landholder Compensation Match The Mischief?, Michael Fibbens, Michael Y. Mak, Anthony Williams 2016 University of Newcastle

Coal Seam Gas Extraction: Does Landholder Compensation Match The Mischief?, Michael Fibbens, Michael Y. Mak, Anthony Williams

Anthony Williams

Coal seam gas (CSG) extraction is set for expansion in New South Wales. However, controversy accompanies its introduction in that the present law grants miners access to private lands for the purposes of exploration and production. The NSW Petroleum (Onshore) Act 1991 regulates compensation for land access, and a number of questions have been raised about the adequacy of its compensation provisions. Additionally, compensation for coal seam gas poses a challenge for the valuation profession in that valuation theory has yet to be developed in this emerging sphere of practice. This paper compares the legal and physical impacts of coal ...


Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer 2016 Seattle University School of Law

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Seattle University Law Review

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain ...


Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch 2016 University of Tennessee College of Law

Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch

Jeffrey M. Hirsch

The National Labor Relations Board's current analysis of union organizers' right to access employer property relies heavily on an employer's right to exclude under state property law. If the employer possesses this right, an attempt to exclude organizers is generally lawful; if the employer lacks this right, the attempt is unlawful. This scheme makes little sense doctrinally, as an employer's property interests are usually irrelevant to the issue that should be the Board's primary concern— whether the removal of union organizers interferes with employees' federal labor rights. I propose eliminating consideration of state property rights from ...


Private Law In The Gaps, Jeffrey A. Pojanowski 2016 Notre Dame Law School

Private Law In The Gaps, Jeffrey A. Pojanowski

Jeffrey A. Pojanowski

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a ...


"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly 2016 Notre Dame Law School

"We Shall Not Be Moved": Urban Communities, Eminent Domain And The Socioeconomics Of Just Compensation, James J. Kelly

James J. Kelly Jr.

If eminent domain is to serve true community development, statutory reforms must limit its propensity to abuse while still preserving its effectiveness. The first part of this article offers a normative legal theory of eminent domain as constrained by both the availability of alternative means of achieving public objectives and the inability of some condemnees to be made whole by cash compensation. The consideration of the land needs of both the condemnor and the condemnee is crucial to the respective evaluations of public use and just compensation as limitations on eminent domain. In the context of urban redevelopment, the theory ...


Sustaining Neighborhoods Of Choice: From Land Bank(Ing) To Land Trust(Ing), James J. Kelly Jr. 2016 Notre Dame Law School

Sustaining Neighborhoods Of Choice: From Land Bank(Ing) To Land Trust(Ing), James J. Kelly Jr.

James J. Kelly Jr.

This essay is based on my closing presentation at the Washburn Law Journal's 2015 symposium entitled “The Future of Housing -- Equity, Stability and Sustainability.” It explores how land banks and land trusts promote social goods, including socioeconomic integration, by connecting with and shielding against, respectively, market forces. Both engage in stewardship of land. Land banks take temporary ownership of vacant, abandoned properties in order to make them available for productive use. Land trusts hold land indefinitely to ensure a social purpose is met. Community land trusts hold land for a purpose that is responsive to the human environment, often ...


Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin 2016 Vanderbilt Law School

Strategic Land Use Litigation: Pleading Around Municipal Insurance, Christopher Serkin

Christopher Serkin

Municipal insurance policies inevitably contain a curious exclusion of coverage for regulatory takings claims. Many courts have interpreted this exclusion broadly, applying it to all land-use litigation. Other courts have interpreted the exclusion narrowly. Both interpretations are problematic. The former is at odds with policy language and the normal rule that insurance policies are to be construed against the insurer. The latter creates an opportunity for plaintiffs to craft their pleadings explicitly to trigger or to avoid triggering the municipality’s insurance coverage. Plaintiffs seeking a quick settlement are well advised to plead around the exclusion so as to settle ...


The Possession Heuristic, James E. Krier, Christopher Serkin 2016 University of Michigan Law School

The Possession Heuristic, James E. Krier, Christopher Serkin

Christopher Serkin

This chapter for the forthcoming book, The Law and Economics of Possession (Yun-chien Chang, ed), explores the law of possession as an application of a heuristic (a simple decision making strategy devised to solve complex problems, part of System 1 thinking in Daniel Kahneman’s famous formulation). Since the law of property is essentially the law of belongings, its first task is to determine to whom things belong. There are all sorts of complicated inquiries that could be undertaken to figure out and justify an incredible range of answers to this question. Alternatively, there is a simple inquiry that provides ...


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