Revisiting Background Principles In Takings Litigation, 2021 University of Florida Levin College of Law
Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard
Florida Law Review
Libertarian property rights enthusiasts celebrated the United States Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those expectations. A major reason is that Justice Antonin Scalia’s opinion created an exception that effectively swallowed the rule that Lucas established. Lucas held that land use regulations whose effect on landowners’ property produced a total loss of economic value were per se categorical takings. However, Justice …
Emergency Excuse In Lease Contracts And The Nature Of Its Relationship With The Theory Of Emergency Circumstances: A Comparative Study, 2021 Faculty of Law and Politics, University of Salahaddin / Erbil
Emergency Excuse In Lease Contracts And The Nature Of Its Relationship With The Theory Of Emergency Circumstances: A Comparative Study, Adel Mohammed Ali
UAEU Law Journal
After concluding the contract, certain circumstances may appear and make the execution of the contract so difficult to one of the contract parties. These circumstances are in many kinds different, in the extent of the contracts that they appear in them, as well as the fact that they are different in their impact on the contracts under the laws in general. This situation applies on both of emergency excuses in lease contracts and the theory of emergency circumstances.
This study is divided into two parts; in the first part, we studied the subject of emergency excuses in the lease contract …
The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, 2021 Villanova University Charles Widger School of Law
The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt
Villanova Environmental Law Journal
No abstract provided.
The Importance Of Viewing Property As A System, 2021 William & Mary Law School
The Importance Of Viewing Property As A System, Lynda L. Butler
Faculty Publications
Can--or should--the American property system adapt to curb the excesses inherent in the dominant form of capitalism? Those extolling the virtues of privatization of resources would likely answer in the negative. Such a response would ignore the core functions and infrastructure of the American institution of property. This Article discusses the structure of property that enables property law to evolve over time, reacting to changing conditions, recognizing informal customs and usages, and otherwise taking into account important feedbacks. It explains how property provides an ordering system of concepts and principles that define and govern relations between a society and its …
Bankruptcy & The Underwater Home: A Case For Real Property Redemption, 2021 University of Michigan Law School
Bankruptcy & The Underwater Home: A Case For Real Property Redemption, David Sheinfeld
Michigan Business & Entrepreneurial Law Review
Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor can continue foreclosure proceedings, which …
"Equitable Compensation" As "Just Compensation" For Takings, 2021 Brooklyn Law School
"Equitable Compensation" As "Just Compensation" For Takings, Brian Angelo Lee
Faculty Scholarship
No abstract provided.
Pore Space Property, 2021 University of New Mexico - School of Law
Pore Space Property, Joseph A. Schremmer
Faculty Scholarship
Through modern technology we can use the void pore space of underground rock formations for a growing number of socially beneficial purposes. These run the gamut from unconventional oil and gas production to climate change mitigation. The common law of property and tort, however, has struggled to keep up with advancing technology in this area. Significant questions remain about the nature of property rights in pore space. Of particular interest are the limits, if any, on an owner’s right to use pore space for beneficial purposes when it extends beneath the land of another. For example, may A hydraulically fracture …
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, 2021 Touro Law Center
Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron
Scholarly Works
No abstract provided.
Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, 2021 University of Georgia School of Law
Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson
Georgia Law Review
To determine the proper procedure by which landowners
may seek judicial review of adverse decisions on rezoning
applications, Georgia courts must consider the nature of
rezoning decisions. For decades, the courts have held—with
little explanation—that rezoning decisions are legislative acts
subject to de novo review. Then, in the 2017 case Diversified
Holdings, LLP v. City of Suwanee, the Georgia Supreme
Court classified rezoning decisions as adjudicative acts that
may only be reviewed by writ of certiorari. Because the court
did not explicitly overturn the decades of precedent classifying
rezoning decisions as legislative acts, however, the nature of
rezoning decisions—and thus …
The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, 2021 FAMU College of Law
The Battle Of Brandy Creek: How One Black Community Fought Annexation, Tax Revaluation, And Displacement, Mark Dorosin
Journal Publications
The Brandy Creek community is a working class, Black neighborhood located just east of I-95, south of Weldon, North Carolina.' In 2005, this rural neighborhood and its surrounding land were legislatively annexed into the city of Roanoke Rapids as part of a planned economic development project. The decision to pursue legislative annexation allowed city officials to bypass the statutory notice and municipal service requirements of a city-initiated, involuntary annexation. Residents were never informed of Roanoke Rapids' intent to annex the community and had no opportunity to voice their opinions on the issue to town officials. In fact, the community first …
The Republic Of Letters And The Origins Of Scientific Knowledge Commons, 2021 University of Pittsburgh School of Law
The Republic Of Letters And The Origins Of Scientific Knowledge Commons, Michael J. Madison
Book Chapters
The knowledge commons framework, deployed here in a review of the early network of scientific communication known as the Republic of Letters, combines a historical sensibility regarding the character of scientific research and communications with a modern approach to analyzing institutions for knowledge governance. Distinctions and intersections between public purposes and privacy interests are highlighted. Lessons from revisiting the Republic of Letters as knowledge commons may be useful in advancing contemporary discussions of Open Science.
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, 2021 Loyola University Chicago, School of Law
God Is My Roommate? Tax Exemptions For Parsonages Yesterday, Today, And (If Constitutional) Tomorrow, Samuel D. Brunson
Indiana Law Journal
In 2019, the Seventh Circuit decided an Establishment Clause question that had been percolating through the courts for two decades. It held that the parsonage allowance, which permits “ministers of the gospel” to receive an untaxed housing allowance, does not violate the Establishment Clause of the Constitution. It grounded its conclusion in part on the “historical significance” test the Supreme Court established in its Town of Greece v. Galloway decision.
In coming to that conclusion, the Seventh Circuit cited a 200-year unbroken history of property tax exemptions for religious property. According to the Seventh Circuit, that history demonstrated that both …
What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, 2021 Columbus School of Law
What's In Your Box? Removing The Tiffany Standard Of Knowledge In Online Marketplaces, Hayley Dunn
Catholic University Journal of Law and Technology
Online shopping is a quintessential component of modern life. Millions of products from trusted brands are conveniently available at single-stop online marketplaces such as Amazon, eBay, and Alibaba with the click of a button from the comfort of home. But is the product delivered to the consumer’s front door actually the same as the one found on a store shelf? Pervasive trademark infringement in online marketplaces makes the answer to this question difficult, that is, until the consumer experiences negative consequences from a counterfeited product.
Under Tiffany (NJ) Inc. v. eBay, Inc., online marketplaces face almost no liability …
Mineral And Air Rights, 2021 Tennessee State University
Market-Anticipatory Approaches To Rural Property Vacancy, 2021 University of South Carolina School of Law
Market-Anticipatory Approaches To Rural Property Vacancy, Ann M. Eisenberg
Faculty Publications
No abstract provided.
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, 2021 Golden Gate University School of Law
Looking Toward Restorative Justice For Redlined Communities Displaced By Eco-Gentrification, Helen H. Kang
Michigan Journal of Race and Law
MJEAL chose to publish Helen Kang’s piece, Looking Toward Restorative Justice for Redlined Communities Displaced by Eco-Gentrification, because it offers a unique analytic approach for analyzing the roots of environmental racism and the appropriate tools to help rectify it. She offers an argument for why restorative justice needs to be the framework and explains how we can accomplish this in the context of a whole government solution. MJEAL is excited to offer what will be an influential approach for environmental restorative justice to the broader activist and academic community.
Clark V. Buttonwoods Beach Association., 226 A.3d 683 (R.I. 2020), 2021 Candidate for Juris Doctor, Roger Williams University School of Law
Clark V. Buttonwoods Beach Association., 226 A.3d 683 (R.I. 2020), Brooke E. Pearsons
Roger Williams University Law Review
No abstract provided.
Pollack V. 217 Indian Avenue, L.L.C., 222 A.3d 478 (2019), 2021 Candidate for Juris Doctor, Roger Williams University School of Law
Pollack V. 217 Indian Avenue, L.L.C., 222 A.3d 478 (2019), Shannon Griffin
Roger Williams University Law Review
No abstract provided.
Yanku V. Walgreen Co., 224 A.3d 1130 (R.I. 2020), 2021 Candidate for Juris Doctor, Roger Williams University School of Law
Yanku V. Walgreen Co., 224 A.3d 1130 (R.I. 2020), Jill Elizabeth Magnus
Roger Williams University Law Review
No abstract provided.
The Compensation Constraint And The Scope Of The Takings Clause, 2021 Columbia Law School
The Compensation Constraint And The Scope Of The Takings Clause, Thomas W. Merrill
Faculty Scholarship
The idea I wish to explore in this Essay is whether the established methods for determining just compensation can shed light on the meaning of other issues that arise in litigation under the Takings Clause. Specifically, is it possible to “reverse engineer” the Takings Clause by reasoning from settled understandings about how to determine just compensation in order to reach certain conclusions about when the Clause applies, what interests in private property are covered by the Clause, and what does it mean to take such property?
The proposed exercise is positive or descriptive in nature rather than normative. The hypothesis …