Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Eminent domain (2)
- Academics for the Second Amendment (1)
- Alienability (1)
- Community benefits agreements (1)
- Compensation (1)
-
- Court of Appeals for the District of Columbia (1)
- Development (1)
- Dual federalism (1)
- Economic development (1)
- Federal courts (1)
- Federalism (1)
- Gun control laws (1)
- Individual rights (1)
- Judge Laurence H. Silberman (1)
- Judicial federalism (1)
- Just compensation (1)
- Local government (1)
- National Rifle Association (1)
- Privatize (1)
- Property tax (1)
- Public accountability (1)
- Public interest (1)
- Public-private partnership (1)
- Right to bear arms (1)
- Sanford Levinson (1)
- Second Amendment (1)
- Self-Assessment (1)
- State separation of powers (1)
- State sovereignty (1)
- Supremacy (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
Pro-Gun Scholars Twist Constitution, Kenneth Lasson
All Faculty Scholarship
Earlier this year, the Court of Appeals for the District of Columbia became the first federal tribunal to strike down a local gun-control law, holding that the Founding Fathers would have allowed all private citizens to arm themselves.
Taking Compensation Private, Abraham Bell, Gideon Parchomovsky
Taking Compensation Private, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
In light of the expansive interpretation of the ""public use"" requirement, the payment of ""just compensation"" remains the only meaningful limit on the government's eminent domain power and, correspondingly, the only safeguard of private property owners' rights against abusive takings. Yet, the current compensation regime is suboptimal. While both efficiency and fairness require paying full compensation for seizures by eminent domain, current law limits the compensation to market value. Despite the virtual consensus about the inadequacy of market compensation, courts adhere to it for a purely practical reason: there is no way to measure the true subjective value of property …
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
Putting The "Public" Back Into Public-Private Partnerships For Economic Development, Audrey Mcfarlane
All Faculty Scholarship
Public-Private Partnerships are viewed quite positively. In the context of working with local government for economic development, the interests and concerns of the private appear to dominate the development decision-making. This Essay explores eminent domain decisions and community benefits agreements for standards for measuring the efficacy of these partnerships. It suggests ways in which we can begin to think about public accountability and public benefits to be derived from these partnerships.
When Worlds Collide: Federal Construction Of State Institutional Competence, Marcia L. Mccormick
When Worlds Collide: Federal Construction Of State Institutional Competence, Marcia L. Mccormick
All Faculty Scholarship
The federal courts routinely encounter issues of state law. Often a state court will have already analyzed the law at issue, either in a separate case or in the very situation before the federal court. In every one of those cases, the federal courts must decide whether to defer to the state court analysis and, if so, how much. The federal courts will often defer, but many times have not done so, and they rarely explain the reasons for the departures they make. While this lack of transparency gives the federal courts the greatest amount of discretion and power, it …
Child Welfare's Paradox, Dorothy E. Roberts
Child Welfare's Paradox, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.