Law Commons^™

An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk

William & Mary Law Review

Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.

This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …

Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House

William & Mary Law Review

First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …

Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman

William & Mary Law Review

Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.

In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …

Government Property And Government Speech, Joseph Blocher

William & Mary Law Review

The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have—physical things, bundles of rights, or something else entirely?

In the context of government property and government speech, the ill-defined relationship between property …

Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.

William & Mary Law Review

One of the lingering questions about the law of regulatory takings concerns the proper scope and application of the Supreme Court’s exactions jurisprudence, known as the Nollan/Dolan test. A recurring issue in the case law is the extent to which the Nollan/Dolan framework applies to takings challenges brought against development impact fees. Judicial decisions on the issue split over two primary questions. First, there is a debate about whether Nollan/Dolan is limited to physical exactions or whether the test might also apply to monetary exactions as well. Second, there is a difference of opinion over whether Nollan/Dolan applies only to …

How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann

William & Mary Law Review

No abstract provided.

An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura

William & Mary Law Review

No abstract provided.

The Morality Of Property, Thomas W. Merrill, Henry E. Smith

William & Mary Law Review

No abstract provided.

Three Reasons Why Even Good Property Rights Cause Moral Anxiety , Emily Sherwin

William & Mary Law Review

No abstract provided.

The Moral Subject Of Property , Carol M. Rose

William & Mary Law Review

No abstract provided.

Transforming Society Through Law: St. George Tucker, Women's Property Rights And An Active Republican Judiciary, Mark Douglas Mcgarvie

William & Mary Law Review

No abstract provided.

Property Rights, Community Public Goods, And Household Time Allocation In Urban Squatter Communities: Evidence From Peru, Erica Field

William & Mary Law Review

No abstract provided.

A Difficult Question In Deed: A Cost-Benefit Framework For Titling Programs, Jean O. Lanjouw, Philip Levy

William & Mary Law Review

In this Article we explore the potential benefits and costs of a program to grant title to individuals who are occupying land informally. Only some of these benefits and costs have received careful empirical consideration in the literature. This Article references existing studies and draws on findings from original surveys of urban households in Ecuador. We consider how a titling program might affect the welfare of landowners and occupants, how it could alter the functioning of real estate markets, and whether it could build a community's social capital. Potential benefits must be weighed against a range of costs, including those …

Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell

William & Mary Law Review

No abstract provided.

Contributions Legal Scholars Can Make To Development Economics: Examples From China, Joyce Palomar

William & Mary Law Review

No abstract provided.

Foreword: Property Rights And Economic Development, Eric Kades

William & Mary Law Review

No abstract provided.

The Liberty Impact Of The New Property, Charles A. Reich

William & Mary Law Review

No abstract provided.

Between A Rock And A Hard Place: Surface Mining On The Severed Estate - A Legislative Proposal

William & Mary Law Review

No abstract provided.

Products Liability - Lender Liability For Defective Home Construction - Connor V. Great Western Savings And Loan Association 69 Cal. 2d 887, 447 P.2d 609, 73 Cal. Rptr. 369 (1968)., Bruce E. Titus

William & Mary Law Review

No abstract provided.