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Articles 1 - 8 of 8
Full-Text Articles in Law
Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley
Stealth Constitutional Change And The Geography Of Law, Jill M. Fraley
Jill M. Fraley
Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging how constitutional change did not fit into his model of deliberate, deeply debated movements, Ackerman has shifted the scholarly lens to unintentional and unanticipated structural variations. Ackerman focuses his book on the political processes and events that have fostered potentially illegitimate constitutional remodeling. He acknowledges that certain features of legal scholarship have contributed to a lack of awareness of slow, structural drift, but he does …
Scaled Legislation & The Legal History Of The Common Good, Jill M. Fraley
Scaled Legislation & The Legal History Of The Common Good, Jill M. Fraley
Jill M. Fraley
None available.
Defending The Polygon: The Emerging Human Right To Communal Property, Thomas T. Ankersen, Thomas K. Ruppert
Defending The Polygon: The Emerging Human Right To Communal Property, Thomas T. Ankersen, Thomas K. Ruppert
Thomas T Ankersen
For many peoples in the developing world, "homeland security" has a meaning very different from its post-September 11 meaning in the United States. In many cases, peoples who have a shared cultural conception of "territory" within nation-states have begun to adopt the dominant Western property paradigm of land titling to formalize their rights to that territory. Many view this paradigm and the individualization of property rights it facilitates as an inevitable outcome of the inexorable march of social evolution, evidenced by the end of the twentieth century collapse of communism. The Enlightenment era conception of fungible individual property emerged triumphant. …
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Garrett Power
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Finding Possession: Labor, Waste And The Evolution Of Property, Jill M. Fraley
Finding Possession: Labor, Waste And The Evolution Of Property, Jill M. Fraley
Jill M. Fraley
Although possession has long been intimately linked to labor, recent historical work on land claims during the sixteenth and seventeenth centuries suggests that the clash of divergent legal cultures of possession drove the two apart. This clash yielded an American concept of possession much more deeply connected to industrialization than the traditional understanding of labor. By providing evidence of how our concept of labor was industrialized, this article questions the outcomes in modem possession cases, particularly as they impact development and environmental preservation in rural areas.
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
Ezra Rosser
The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …
Book Review, Sara Gregg, Managing The Mountains: Land Use Planning, The New Deal, And The Creation Of A Federal Landscape In Appalachia (2013), Jill Fraley
Jill M. Fraley
No abstract provided.