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Full-Text Articles in Law
Caudill V. Consolidation Coal Company, Penny White
Caudill V. Consolidation Coal Company, Penny White
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No abstract provided.
Pinpointing The Beginning And Ending Of A Temporary Regulatory Taking, Gregory M. Stein
Pinpointing The Beginning And Ending Of A Temporary Regulatory Taking, Gregory M. Stein
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No abstract provided.
Disciplinary Differences, Dwight Aarons
Culture Clash: Law And Science In America, Glenn Harlan Reynolds
Culture Clash: Law And Science In America, Glenn Harlan Reynolds
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No abstract provided.
Counsel's Corner, George Kuney
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
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No abstract provided.
Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee
Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee
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Modern natural law constitutionalists assert that the Constitution, properly understood, includes a kind of general trump card in the form of a moral reality which provides (or is, at any rate, thought to provide) a measure of all positive legal acts--whether framed in terms of the values of natural equality, natural rights, or “simple justice.”
This article explores why “trump card” natural law constitutionalism cannot by its nature adequately confront crucial issues of institutional design and democratic theory. In thus putting questions of moral substance ahead of crucial issues of authority, natural law constitutionalism appears to rest on a naive, …
Freeing Property Owners From The Rap Trap: Tennessee Adopts The Uniform, Amy Morris Hess
Freeing Property Owners From The Rap Trap: Tennessee Adopts The Uniform, Amy Morris Hess
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No abstract provided.
Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein
Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein
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The Supreme Court held in 1987 that compensation is required automatically whenever a municipality takes property by regulation. The Court has also held repeatedly that federal courts cannot even hear such claims until the landowner meets a demanding ripeness test. Landowners are often unable to survive the protracted ripening period even though their claims might ultimately have proved to be valid. And the occasional municipality that loses a takings case may be liable for a huge award that reflects the lengthy ripening period. Federal courts have persistently refused to acknowledge this tension between takings law and takings procedure. This Article …
The Gulf Of Mexico, The Academy, And Me, Fran Ansley
The Gulf Of Mexico, The Academy, And Me, Fran Ansley
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No abstract provided.