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Articles 1 - 11 of 11
Full-Text Articles in Law
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley
Scholarly Articles
Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law. Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government …
Taking Patents, Gregory Dolin, Irena D. Manta
Taking Patents, Gregory Dolin, Irena D. Manta
Washington and Lee Law Review
The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …
Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
A Dozen Propositions On Private Property, Public Rights, And The New Takings Legislation, Carol M. Rose
Washington and Lee Law Review
No abstract provided.
Hodel V. Irving, Lewis F. Powell Jr.
The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk
The Decline And Fall Of A Detroit Neighborhood: Poletown Vs. G.M. And The City Of Detroit, John J. Bukowczyk
Washington and Lee Law Review
No abstract provided.
United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.
United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Municipal Liability For Riot Damage Under Eminent Domain
Municipal Liability For Riot Damage Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
Condemnation: Damages For Impairment Of Access To Land
Condemnation: Damages For Impairment Of Access To Land
Washington and Lee Law Review
No abstract provided.
Eminent Domain-Right Of Abutting Owner To Damages For Minerals Removed From Roadbed Of Highway In Which He Owns The Fee [Campbell V. Monaco Coal Mining Co., Ohio 1948]
Washington and Lee Law Review
No abstract provided.
Eminent Domain-Right Of Abutting Owner To Compensation For Use Of Roadway For Purpose Other Than Travel. [Ohio]
Washington and Lee Law Review
No abstract provided.