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Full-Text Articles in Law

A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren Dec 2022

A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren

William & Mary Bill of Rights Journal

In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …


Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas Jul 2021

Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas

William & Mary Bill of Rights Journal

Desperate times may breed desperate measures, but when do desperate measures undertaken as a response to an emergency trigger the Fifth Amendment’s requirement that the government provides just compensation when it takes private property for public use? The answer to that question has commonly been posed as a choice between the “police power”—a sovereign government’s power to regulate property’s use in order to further the public health, safety, and welfare—and the eminent domain power, the authority to seize private property for public use with the corresponding requirement to pay compensation. But that should not be the question. After all, emergencies …


Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton May 2019

Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton

William & Mary Bill of Rights Journal

No abstract provided.


Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone Oct 2016

Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone

William & Mary Bill of Rights Journal

No abstract provided.


"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell May 2012

"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell

William & Mary Bill of Rights Journal

During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …


A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy May 2011

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson May 2011

The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


Response, Carol M. Rose May 2011

Response, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein May 2011

The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


Rose's Human Nature Of Property, Henry E. Smith May 2011

Rose's Human Nature Of Property, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith Oct 2009

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Scaling Property With Professor Ellickson, Lee Anne Fennell Oct 2009

Scaling Property With Professor Ellickson, Lee Anne Fennell

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert Apr 2008

Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert

William & Mary Bill of Rights Journal

No abstract provided.


"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand Mar 2008

"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Impact Of Richard A. Epstein, James W. Ely Dec 2006

Impact Of Richard A. Epstein, James W. Ely

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Reconstrucing Richard Epstein, Eduardo M. Penalver Dec 2006

Reconstrucing Richard Epstein, Eduardo M. Penalver

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Dec 2006

Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.


"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler Oct 2005

"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler

William & Mary Bill of Rights Journal

No abstract provided.


Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker Oct 2005

Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker

William & Mary Bill of Rights Journal

No abstract provided.


A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke Dec 2001

A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke

William & Mary Bill of Rights Journal

Over the past decade, courts have wrestled with state employees 'private legal remedy for a violation of the Fair Labor Standards Act. As a result of the decisions in Seminole Tribe v. Florida and Alden v. Maine, state employees lost their right to sue for such violations. This note examines the dilemma faced by employees who find themselves without a path of recourse against state employers. It concludes that both Seminole Tribe and Alden should be overturned because the decisions leave state employees with no realistic remedy


Takings And Causation, Jan G. Laitos May 1997

Takings And Causation, Jan G. Laitos

William & Mary Bill of Rights Journal

Constitutional protection of private property is grounded in a conflict between two legal principles--the government's power to regulate private property for the common good and the Constitution's limit on this power in the Takings Clause. The Takings Clause's check on government power conforms to John Rawls's philosophy, which rejects the utilitarian beliefs that government may act to achieve* the "good" of maximizing human happiness and that government can force people to trade certain political liberties for an improved distribution of wealth. Under Rawls's theory, the principle of "justice as fairness" limits a government's ability to require some people to bear …