Law Commons^™

The takings clause of the Arkansas Constitution declares that “the right of property is before and higher than any constitutional sanction.” Perhaps such an elevated regard for property is little more than a relic of the post-reconstruction South. But the philosophy seems surprisingly well aligned with a 2013 decision of the U.S. Supreme Court. Koontz v. St. Johns River Water Management District holds that the U.S. Constitution requires heightened scrutiny when a land use authority exacts an impact fee in exchange for a development permit. Koontz arguably reconceives the Court’s attitude toward routine land use regulation, implying a constitutionally favored …

This article argues that the digital world is beginning to play a key role in moving commercial actors toward intentionally relational contracting practices by fostering and rewarding interdependence, adaptability, and reciprocity among otherwise autonomous, self-interested actors in the marketplace. Using a case study involving the most important technology affecting contractual relations in the construction industry, this article explores how collaborative technologies may be expanding opportunities for relational contract in commercial transactions. The study shows how building information modeling is reshaping contractual behavior in the industry by facilitating and encouraging a previously unimagined degree of collaboration among design professionals, builders, specialty …