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Articles 1 - 11 of 11
Full-Text Articles in Law
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle
Are Beach Boundaries Enforceable? Real-Time Locational Uncertainty And The Right To Exclude, Josh Eagle
Faculty Publications
Over the past few decades, landowners have tried to use the First, Fourth, and Fifth Amendments to fully privatize the upper, dry-sand part of the beach. If these efforts were to succeed, there would be a host of negative consequences, and not just for surfers. In most of the states in which beaches are economically important, including California, Florida, New Jersey and Texas, privatized dry sand would mean little to no public access at times when the public, wet-sand part of the beach is submerged, that is, in the hours immediately before and after high tides. Decreased beach use would …
End To End Encryption, The Wrong End, Amitai Etzioni
End To End Encryption, The Wrong End, Amitai Etzioni
South Carolina Law Review
No abstract provided.
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
Weakening The Ripeness Trap For Federal Takings Claims: Sansotta V. Town Of Nags Head And Town Of Nags Head V. Toloczko, Michael B. Kent
South Carolina Law Review
No abstract provided.
Kelo In South Carolina: Economic Development Is Not A Public Use For Purposes Of Eminent Domain In South Carolina, Matthew Howsare
Kelo In South Carolina: Economic Development Is Not A Public Use For Purposes Of Eminent Domain In South Carolina, Matthew Howsare
South Carolina Law Review
No abstract provided.
The Constitutional Failing Of The Anticybersquatting Act, Ned Snow
The Constitutional Failing Of The Anticybersquatting Act, Ned Snow
Faculty Publications
Eminent domain and thought control are occurring in cyberspace. Through the Anticybersquatting Consumer Protection Act (ACPA), the government transfers domain names from domain-name owners to private parties based on the owners' bad-faith intent. The owners receive no just compensation. The private parties who are recipients of the domain names are trademark holders whose trademarks correspond with the domain names. Often the trademark holders have no property rights in those domain names: trademark law only allows mark holders to exclude others from making commercial use of their marks; it does not allow mark holders to reserve the marks for their own …
Mcqueen V. South Carolina Coastal Council: Presenting The Question Of The Relevance Of The Public Trust Doctrine To The Total Regulatory Takings Analysis, Daniel A. Nussbaum
Mcqueen V. South Carolina Coastal Council: Presenting The Question Of The Relevance Of The Public Trust Doctrine To The Total Regulatory Takings Analysis, Daniel A. Nussbaum
South Carolina Law Review
No abstract provided.
Palazzolo, Lucas, And Penn Central: The Need For Pragmatism, Symbolism, And Ad Hoc Balancing, F. Patrick Hubbard
Palazzolo, Lucas, And Penn Central: The Need For Pragmatism, Symbolism, And Ad Hoc Balancing, F. Patrick Hubbard
Faculty Publications
The constitutional right to compensation for a governmental taking of property is relatively easy to apply in situations involving a straightforward, physical appropriation of land for a public use like a highway. However, difficulties arise when governmental action consists only of rules that limit an owner's use of land. In most situations, these limits are viewed as burdens an individual is properly subject to as a citizen and land owner. From this perspective, the exercise of the "police power" of the government, which has traditionally been used to prohibit public and private harms, does not usually involve a taking of …
Regulatory Takings, Private Property Protection Acts, And The Moragne Principle: A Proposal For Judicial-Legislative Comity, Bruce Burton
Regulatory Takings, Private Property Protection Acts, And The Moragne Principle: A Proposal For Judicial-Legislative Comity, Bruce Burton
South Carolina Law Review
No abstract provided.
The South Carolina Coastal Zone Management Act Of 1977, Bradford W. Wyche
The South Carolina Coastal Zone Management Act Of 1977, Bradford W. Wyche
South Carolina Law Review
No abstract provided.
Components Of Eminent Domain: An Ancient Tool For Contemporary Use, Stephen S. Boynton
Components Of Eminent Domain: An Ancient Tool For Contemporary Use, Stephen S. Boynton
South Carolina Law Review
No abstract provided.
Administrative Law, Ernest L. Folk Iii
Administrative Law, Ernest L. Folk Iii
South Carolina Law Review
No abstract provided.