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Full-Text Articles in Law
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
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 …
Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone
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.
Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond
Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond
William & Mary Environmental Law and Policy Review
Developers of onshore, utility-scale wind farms seek to purchase or lease parcels on which commercial wind turbines will be sited, carefully selecting each particular parcel based on its access to high wind speeds and unobstructed wind flowing across it in the free stream. Accordingly, a wind farm developer’s purchase or lease of a tract of land generally entails a large monetary investment and carries with it an investment-backed expectation that such land will be used for its originally intended purpose. Wind wakes, which disrupt the wind velocity in the free stream, cause downwind turbines to encounter diminished wind speeds and …
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Journal
Property as a Form of Governance
October 1-2, 2015
Panel 1: Property as a Form of Governance
Panel 3: Of Pipelines, Drilling, & the Use of Eminent Domain
Panel 4: Property Rights in the Digital Age