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Full-Text Articles in Law
When Scalia Wasn't Such An Originalist, Michael Lewyn
When Scalia Wasn't Such An Originalist, Michael Lewyn
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Although Justice Scalia generally described himself as an originalist, his opinion in Lucas v. South Carolina Coastal Council rejected originalist arguments. Why? This article suggests that pre-Lucas precedent and the ambiguity of the historical record might justify his methodology.
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
Land Use Law Update: The 2015 Mid-Year Roundup, Sarah Adams-Schoen
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This update summarizes New York cases related to land use and zoning that were decided in the first half of 2015.
Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn
Character Counts: The "Character Of The Government Action" In Regulatory Takings Actions, Michael Lewyn
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The Supreme Court has held that when a government regulation reduces the value of property, and a property owner challenges the regulation under the Takings Clause of the Fifth Amendment, courts should consider (1) the economic impact of the regulation upon the property owner, (2) the effect of such regulation upon the property owner’s reasonable investment-backed expectations, and (3) the character of the government action. A 2005 Supreme Court decision, Lingle v. Chevron, held that courts must focus primarily on the severity of the burden that government imposes upon property owners. Many courts and commentators interpret this language to mean …
Law Of The Land – Year In Review, Patricia E. Salkin
Law Of The Land – Year In Review, Patricia E. Salkin
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This column reviews trends and interesting cases in land use law as reported on “Law of the Land” during the last half of 2007. “Law of the Land” is a blog created to be of interest to land use lawyers, planners, developers, professors, and students. The blog is updated daily with a review of a recent land use case decided by a state or federal court. In addition, the site has reported on relevant gubernatorial executive orders, offered book reviews, and occasionally starts a discussion on current events issues, such as climate change and has led to robust debate about …
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
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No abstract provided.
U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin
U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin
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No abstract provided.
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin
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No abstract provided.
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
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Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin
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No abstract provided.