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Full-Text Articles in Law
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
William & Mary Bill of Rights Journal
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Takings: An Appreciative Retrospective, Eric R. Claeys
Takings: An Appreciative Retrospective, Eric R. Claeys
William & Mary Bill of Rights Journal
Presented at the 2005 Brigham-Kanner Property Rights Conference.
The Demise Of Federal Takings Litigation, Stewart E. Sterk
The Demise Of Federal Takings Litigation, Stewart E. Sterk
William & Mary Law Review
For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …
Time To Overturn Turney, Paul A. Lafata
Time To Overturn Turney, Paul A. Lafata
William & Mary Bill of Rights Journal
No abstract provided.
Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds
Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds
William & Mary Law Review
In the last several decades, there has been a marked shift in local government financing away from the use of general revenue taxes and toward nontax revenue-raising devices such as exactions. This Article argues that the Supreme Court, in its exaction cases, missed a golden opportunity to slow this troubling trend toward the greater privatization of local government financing. In addition, it explains how the Court's exaction cases are inconsistent with the goal of burden distribution as reflected in the Court's takings jurisprudence. The Article proposes that the constitutional standard applied to exactions be reformulated to account explicitly for burden …
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.