Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Fifth Amendment (4)
- Takings Clause (2)
- Takings clause (2)
- 2016 presidential campaign (1)
- 2016 presidential election (1)
-
- Abuse of discretion (1)
- Agriculture (1)
- Baltimore (1)
- Baltimore & Susquehanna Railroad Company (1)
- Batson (1)
- Consequentialist (1)
- Death penalty (1)
- Development (1)
- Due process (1)
- Economic crisis (1)
- Eighth amendment (1)
- Eminent Domain (1)
- Empirical study (1)
- Erie Doctrine (1)
- Exclusionary rule (1)
- Federal Rules (1)
- Federal bailout (1)
- Federalism (1)
- Fifth Amendment. takings (1)
- Fourth amendment (1)
- Good faith exception (1)
- Inheritance law (1)
- Judicial doctrine (1)
- Land use (1)
- Manifest necessity (1)
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef
Brief Of Appellant, Abdullah Malik Joppy A/K/A Richard Joppy V. State Of Maryland, No. 533, Paul Dewolfe, Renée M. Hutchins, Peter Honnef
Court Briefs
No abstract provided.
Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy
Brief Of Appellant, Davon Jones V. State Of Maryland, No. 547, Paul Dewolfe, Renée M. Hutchins, Matthew T. Healy
Court Briefs
No abstract provided.
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Is The Supreme Court Disabling The Enabling Act, Or Is Shady Grove Just Another Bad Opera?, Robert J. Condlin
Faculty Scholarship
After seventy years of trying, the Supreme Court has yet to agree on whether the Rules Enabling Act articulates a one or two part standard for determining the validity of a Federal Rule. Is it enough that a Federal Rule regulates “practice and procedure,” or must it also not “abridge substantive rights”? The Enabling Act seems to require both, but the Court is not so sure, and the costs of its uncertainty are real. Among other things, litigants must guess whether the decision to apply a Federal Rule in a given case will depend upon predictable ritual, judicial power grab, …
Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian
Brief Of Appellant, John Hill V. State Of Maryland, No. 2740, Paul Dewolfe, Renée M. Hutchins, Silva Georgian
Court Briefs
No abstract provided.
The Armstrong Evolution, Michael Pappas
The Armstrong Evolution, Michael Pappas
Maryland Law Review Online
No abstract provided.
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher
Constitution Day Lectures, Maxwell L. Stearns, Paula A. Monopoli, Larry S. Gibson, Robert Koulish, David J. Maher
Maryland Law Review Online
No abstract provided.
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Natural Baselines For Wildfire Takings Claims, Justin Pidot
Maryland Law Review
No abstract provided.
The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler
The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler
Maryland Law Review
In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Horne V. Department Of Agriculture: Just Compensation Left To Wither On The Vine, Michael P. Collins Jr.
Maryland Law Review
No abstract provided.
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Horne V. Department Of Agriculture: Expanding Per Se Takings While Endorsing State Sovereign Ownership Of Wildlife, John D. Echeverria, Michael C. Blumm
Maryland Law Review
No abstract provided.
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Resetting The Baseline Of Ownership: Takings And Investor Expectations After The Bailouts, Nestor M. Davidson
Maryland Law Review
During the economic crisis that began in 2008, the federal government nationalized several of the nation’s most significant private companies as part of a broad effort to forestall a global depression. Shareholders in those companies later filed suit, alleging that the federal government in so doing—and in subsequent actions while in control of the firms—took their property without compensation in violation of the Fifth Amendment. To date, those claims have not succeeded. If these cases continue on their current trajectory, with courts rejecting arguments that the rescue of systematically important firms on the brink of collapse requires compensation for shareholders, …
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Negotiations In The Aftermath Of Koontz, Daniel P. Selmi
Maryland Law Review
No abstract provided.
Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli
Inheritance Law And The Marital Presumption After Obergefell, Paula A. Monopoli
Faculty Scholarship
No abstract provided.
Muscle Memory And The Local Concentration Of Capital Punishment, Lee B. Kovarsky
Muscle Memory And The Local Concentration Of Capital Punishment, Lee B. Kovarsky
Faculty Scholarship
No abstract provided.
The Bellona Company's Case, Casey Conrad
The Bellona Company's Case, Casey Conrad
Legal History Publications
The Bellona Gunpowder Company of Maryland was one of Maryland’s most prominent gunpowder manufactories during the early nineteenth century. Founded in 1801, the gunpowder company become the second leading gunpowder producer for the American government, and supplied almost one-fifth of American domestic gunpowder. In 1828, the Baltimore and Susquehanna Railroad Company was incorporated by the State of Maryland to construct a railroad that would connect the City of Baltimore to the Susquehanna River. The legislature authorized the railroad company to initiate condemnation proceedings against private property owners, if it was unable to negotiate for the sale of such land. In …