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Full-Text Articles in Law
Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir
Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir
Maryland Law Review Online
No abstract provided.
Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power
Regulatory Takings: A Chronicle Of The Construction Of A Constitutional Concept, Garrett Power
Faculty Scholarship
In the American constitutional system the sovereign has the power to enact “regulations which are necessary to the common good and general welfare.” But the Fifth Amendment to the United States Constitution proscribes that : “No person shall be . . . deprived of . . . property, without due process of law; nor shall private property be taken for public use, without just compensation.” And the question of whether a sovereign regulation has “taken” private property without just compensation has puzzled the United States Supreme Court for over two hundred years in over four hundred cases. This paper chronicles …
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Faculty Scholarship
After a century of disregard, the question of whether patents are entitled to protection under the Fifth Amendment's Takings Clause has recently become a topic of scholarly and judicial debate. While one might have expected this issue to have been settled long before, it is only the recent burgeoning of patentholders' regulatory takings claims that has made this question one of pressing interest. Thus far scholarship on the issue has focused on whether or not patents have historically been characterized as property. Meanwhile, last year's rejection by the Federal Circuit of a patentholder's right to assert a Takings Clause claim …
Brief For Amicus Curiae Supporting Appellants-Defendants And Urging Reversal, Capitol Mortgage Bankers, Inc. V. Andrew M. Cuomo, Secretary, United States Department Of Housing And Urban Development And United States Department Of Housing And Urban Development, No. 00-1036, Denis J. Murphy
Court Briefs
Amici curiae brief filed by St. Ambrose Housing Aid Center, Associated Communities Organized for Reform Now (ACORN), Southeast East Community Organization (SECO), Park Reist Corridor Coalition (PRCC), and the National Training and Information Center (NTIC) on behalf of Defendant-Appellants, Andrew Cuomo, Secretary of the United States Department of Housing and Urban Development (HUD), and HUD. Amici argue that based upon the statutory construction of 12 U.S.C. §1709(r), the Secretary of HUD had the authority to promulgate 24 C.F.R. §202.3 and to subsequently terminate Appellee Capitol Mortgage Bankers’ ability to originate Federal Housing Act (FHA) loans. Alternatively, amici argue that because …
Brief Of Amicus Curiae In Support Of Respondents, Allen Becker V. State Of Maryland, Et Al., No. 99-111, Anne L. Blumenberg, Alan T.L. Sun
Brief Of Amicus Curiae In Support Of Respondents, Allen Becker V. State Of Maryland, Et Al., No. 99-111, Anne L. Blumenberg, Alan T.L. Sun
Court Briefs
Amici curiae brief filed by the Community Law Center on behalf of Respondent, State of Maryland. At issue before the Court of Appeals was whether the equitable power granted by Md. Ann. Code, Real Property § 14-120(e) allows a District Court to abate a drug nuisance, which has been found to be a threat to the safety and welfare of a community, through the demolition of a building. Md. Ann. Code, Real Property § 14-120(e) is known as the “Drug Nuisance Statute” and the Community Law Center has devoted much of its resources to representing community associations in drug nuisance …
The Tax Court Revisits The Golsen Rule: Lardas V. Commissioner, Donald B. Tobin
The Tax Court Revisits The Golsen Rule: Lardas V. Commissioner, Donald B. Tobin
Faculty Scholarship
No abstract provided.