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Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson 2017 Boston College Law School

Too Little Space: Does A Zoning Regulation Violate The Second Amendment?, Jordan Lamson

Boston College Law Review

On May 16, 2016, in Teixeira v. County of Alameda, the U.S. Court of Appeals for the Ninth Circuit held that a zoning ordinance was not presumptively lawful under the Second Amendment. The court utilized the two-step analysis derived from the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller to examine the constitutionality of the ordinance. The court remanded the case and recommended that the district court apply a heighted level of scrutiny—potentially even strict scrutiny. On December 27, 2016, the Ninth Circuit ordered an en banc rehearing. This Comment argues that on ...


Future Interests? Meet Chattels!, Thomas E. Simmons 2017 University of South Dakota School of Law

Future Interests? Meet Chattels!, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi 2017 St. John's University School of Law

Uncaring Justice: Why Jacque V. Steenberg Homes Was Wrongly Decided, John Makdisi

Journal of Catholic Legal Studies

No abstract provided.


Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker 2017 University of Nebraska College of Law

Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker

Michigan Law Review

This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity ...


The Law Of Nonmarriage, Albertina Antognini 2017 University of Kentucky College of Law

The Law Of Nonmarriage, Albertina Antognini

Boston College Law Review

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the ...


In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso 2017 william s

In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso

Nevada Supreme Court Summaries

The Court determined that (1) NRS 155.190(1)(h) only grants the Court appellate jurisdiction over the portion of an appeal order instructing or appointing a trustee, and (2) persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada impliedly consent to personal jurisdiction in Nevada under 163.5555.


Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The Court determined that (1) NRS 361.395 does not provide the State Board with authority to order reappraisals; and (2) the 2010 regulation purporting to provide the State Board with such authority does not apply retroactively to the tax years at issue in this case.


Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington 2017 Vanderbilt Law School

Putting Exclusionary Zoning In Its Place: Affordable Housing And Geographical Scale, Christopher Serkin, Leslie Wellington

Christopher Serkin

No abstract provided.


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 ...


Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond 2017 Selected Works

Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond

Celeste M. Hammond

No abstract provided.


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon 2017 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Pace Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.


Pure Blue Cleaning London, Kayla Finch 2016 Selected Works

Pure Blue Cleaning London, Kayla Finch

Kayla Finch

If you are looking to hire a professional house cleaner, who is experienced and trustworthy, then opt for the services of Pure Blue Cleaning. Available during weekends and bank holidays, they are just the type of cleaning you are looking for! Whether you need your carpets washed, or you need someone to clean your property regularly, Pure Blue is the company to call!


When Robots Trespass, Thomas E. Simmons 2016 University of South Dakota School of Law

When Robots Trespass, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.


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.


Living With Owning, Matt Ampleman, Douglas A. Kysar 2016 Yale Law School

Living With Owning, Matt Ampleman, Douglas A. Kysar

Indiana Law Journal

In October, 2011, Terry Thompson committed suicide by gunshot after cutting open the cages of fifty-six exotic animals on his farm in Zanesville, Ohio. Fearing for pub-lic safety, law enforcement officers systematically hunted down the escaped animals in an episode that garnered international attention and prompted renewed discus-sion of the propriety of exotic animal ownership. This Article retells and discusses the circumstances surrounding Terry Thompson’s unhinging, applying frameworks of legal theory, chiefly in the realm of property law, to assess the fabric that held Thompson’s delicate system together and the tensions that led to its unravelling. As an ...


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.


Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon 2016 Pace University School of Law

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iii), John R. Nolon

Pace Law Faculty Publications

In land use, there are two things that Americans dislike: one is sprawl, the other is density. This catch-22 can be resolved by mitigating those aspects of urban living associated with density: congestion, bulky buildings, sameness, design incongruities, unsafe streets, inefficiency, and the sense that neighborhoods are not livable and pleasant. These characteristics of density cut against sustainability. They define places that people want to leave as soon as they can. To reduce vehicle miles travelled and carbon emissions, as well as to prevent sprawl, we must create places of enduring value, located next to transit in walkable and sustainable ...


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 ...


How New York Investors Financed The Looting Of Syria, Ukraine, And Iraq: The Need To Increase Civil Liabilities For "Current Possessors" Of Stolen Antiquities In The 21st Century, Lukas Padegimas 2016 Cleveland-Marshall College of Law

How New York Investors Financed The Looting Of Syria, Ukraine, And Iraq: The Need To Increase Civil Liabilities For "Current Possessors" Of Stolen Antiquities In The 21st Century, Lukas Padegimas

The Global Business Law Review

This note argues that the U.S. should pass its own self-policing legislation that will make it less enticing for thieves to try to sell stolen antiquities to the U.S. market. Our world heritage is under threat from undeterred looting, which results in antiquities vanishing from museum storerooms and archeological sites before ending up in the storerooms of investors. Currently, source nations that attempt to have stolen antiquities returned are deterred by the high legal costs involved. As the biggest market for stolen cultural property, states within the U.S. should amend current replevin laws so that the possessors ...


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 ...


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