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Full-Text Articles in Law
Suing Courts, Frederic Bloom, Christopher Serkin
Suing Courts, Frederic Bloom, Christopher Serkin
Publications
This Article argues for a new and unexpected mechanism of judicial accountability: suing courts. Current models of court accountability focus almost entirely on correcting legal errors. A suit against the court would concentrate on something different--on providing transition relief, by way of legal remedy, to those bearing the heaviest burdens of desirable legal change. These suits may at first appear impossible. But suing courts is conceptually rational and mechanically reasonable, a tool that eases legal transitions while navigating the many hurdles modern doctrine puts in the way. This Article sets out the first complete account of how, where, and why …
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt
Publications
This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.
Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace
Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace
Publications
No abstract provided.