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Articles 1 - 24 of 24
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 …
Condemning Clothes: The Constitutionality Of Taking Trademarks In The Professional Sports Franchise Context, Mitchell Diles
Condemning Clothes: The Constitutionality Of Taking Trademarks In The Professional Sports Franchise Context, Mitchell Diles
Washington and Lee Law Review Online
The resurgence in franchise free agency in the National Football League (NFL) potentially implicates the loss of a significant source of local identity and tradition for multiple cities. In January 2016, NFL owners approved the relocation of the Rams franchise from St. Louis, Missouri, to Los Angeles, California, by a vote of thirty-to-two. The owners’ vote also potentially implicates the relocation of the San Diego Chargers and the Oakland Raiders. Though applauded by numerous sports commentators, athletes, and fans, the vote reflects the failure of negotiations between the City of St. Louis and the Rams organization. The approval also sets …
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 …
Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon
Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon
Washington and Lee Journal of Energy, Climate, and the Environment
This Note is about the recent New Jersey Supreme Court case, Borough of Harvey Cedars v. Karan, and how other courts should adopt its holding of allowing all reasonably certain and calculable benefits to be considered in determining partial takings just compensation. Furthermore, it addresses the impact that the decision will have on environmental takings and its importance to the future of both property and environmental law.
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Untangling The Circuit Splits Regarding Cell Tower Siting Policy And 47 U.S.C. § 332(C)(7): When Is A Denial Of One Effectively A Prohibition On All? , Lucas R. White
Washington and Lee Law Review
No abstract provided.
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.
The Evolution Of The "Essential Nexus": How State And Federal Courts Have Applied Nollan And Dolan And Where They Should Go From Here, J. David Breemer
The Evolution Of The "Essential Nexus": How State And Federal Courts Have Applied Nollan And Dolan And Where They Should Go From Here, J. David Breemer
Washington and Lee Law Review
No abstract provided.
Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells
Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells
Washington and Lee Law Review
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.
The Thrift Crisis And The Constitution, Stanley I. Langbein
The Thrift Crisis And The Constitution, Stanley I. Langbein
Washington and Lee Law Review
No abstract provided.
The Material Burden Test: The Better Method Of Determining Takings Issues Arising Under Section 621(A)(2) Of The Cable Communications Policy Act Of 1984
Washington and Lee Law Review
No abstract provided.
Hodel V. Irving, Lewis F. Powell Jr.
The Right Of Access To Navigable Waters-Compensability Under Eminent Domain
The Right Of Access To Navigable Waters-Compensability Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
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.
Police Power, Takings, And Due Process, William B. Stoebuck
Police Power, Takings, And Due Process, William B. Stoebuck
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.
Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards
Effect Of Lease Term Upon Rate Of Depreciation In Trade Fixture Condemnation Awards
Washington and Lee Law Review
No abstract provided.
Compensation For The Right Of Access To Navigable Waters
Compensation For The Right Of Access To Navigable Waters
Washington and Lee Law Review
No abstract provided.
Compensability In Eminent Domain Of Lessee's Option To Purchase
Compensability In Eminent Domain Of Lessee's Option To Purchase
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-Evaluation Of Merchant Ships Requisitioned By Government Under War Emergency Powers [United States V. Toronto, Hamilton & Buffalo Nay. Co., U. S. Sup. Ct. 1949].
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.