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Full-Text Articles in Law

This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman Jul 2019

This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman

Washington and Lee Journal of Civil Rights and Social Justice

While every state in the Union has a statute delegating in some form surveying authority to private entities, the practice has been especially visible and controversial due to pipeline construction in the Commonwealth of Virginia. A major point of contention in pipeline development has centered upon the ability of private companies to use delegated eminent domain powers to survey land for possible future development. While recent decisions by both a federal Virginia District Court and the state’s Supreme Court have upheld the state’s surveying delegation law from landowner challenges, the issue is far from resolved. Virginia therefore provides an ideal …


Due Process Supreme Court Appellate Division Second Department Jul 2019

Due Process Supreme Court Appellate Division Second Department

Touro Law Review

No abstract provided.


Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell Apr 2015

Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell

Loyola of Los Angeles Law Review

In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …


Compensation For Porperty Under The European Convention On Human Rights, Tom Allen Jan 2007

Compensation For Porperty Under The European Convention On Human Rights, Tom Allen

Michigan Journal of International Law

This Article asks whether the right to property, as a human right, serves the same general purpose as other human rights. The Article does so by examining the standards relating to compensation for deprivations of property under the European human rights system. If the system protects property for similar reasons as other fundamental rights, the interpretation of the right to property should draw upon the principles developed in relation to the interpretation of other rights. However, if the right to property is distinct from other human rights, then perhaps guidance on its interpretation should come from comparative law, specifically in …