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Full-Text Articles in Law
Singled Out, Michael Pappas
Singled Out, Michael Pappas
Maryland Law Review
David has been “singled out.” He is the only one in his neighborhood legally prohibited from building a house. In a town full of residences, his lot alone must remain vacant. This is unequal, but is it unconstitutional?
Courts have continually grappled with this sort of question, vigilantly defending against unfair and unjust singling out. So important is this concern that the Supreme Court has emphasized it as the heart of the Fifth Amendment takings jurisprudence, and an entire Equal Protection doctrine has emerged around it.
However, courts and scholars have yet to critically examine the concept of singling-out, and …
Property Rights, The "Gang Of Four" & The Fifth Vote: Stop The Beach From Renourishment, Inc. V. Florida Department Of Environmental Protection (U.S. Supreme Court 2010), Garrett Power
Faculty Scholarship
In 2010 The U.S. Supreme Court decided the case of Stop the Beach Renourishment v. Florida Department of Environmental Protection (SBR v. Fla. EPA). Justice Antonin Scalia announced the judgment of the Court. All Justices agreed that Florida had not violated the Takings Clause of the Federal Constitution’s Fifth Amendment. But then in a plurality opinion Justice Scalia joined by the Chief Justice Roberts and Justices Thomas and Alito proposed profound changes in the law of “regulatory takings.” As the spokesman for the Court’s property rights absolutists Scalia advanced two novel legal propositions. First he argued that federal courts …
Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey
Where Left Meets Right: A Case Study Of Class-Based Economic Discrimination Through Zoning In Salisbury, Maryland, Robin R. Cockey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Palazzolo V. Rhode Island: Takings, Investment-Backed Expectations, And Slander Of Title, Garrett Power
Faculty Scholarship
No abstract provided.
Property Rights In The Balance - The Burger Court And Constitutional Property, Elizabeth G. Patterson
Property Rights In The Balance - The Burger Court And Constitutional Property, Elizabeth G. Patterson
Maryland Law Review
No abstract provided.