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Articles 391 - 420 of 1346
Full-Text Articles in Constitutional Law
The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni
The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni
Touro Law Review
This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV, we …
The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power
The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power
Touro Law Review
No abstract provided.
A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman
A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman
Touro Law Review
No abstract provided.
Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster
Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster
Touro Law Review
No abstract provided.
The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak
The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak
Touro Law Review
No abstract provided.
The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown
The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown
Touro Law Review
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, specifically focusing on the Lucas nuisance exception. The author surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. The author further identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts’ findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.
The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer
The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer
Touro Law Review
This article reviews recent federal court decisions that have loosened the state litigation ripeness barrier to federal takings review based on its “prudential” character. Part II provides relevant background on Williamson County and the development of the state litigation rule. It explores the logic underlying the rule and the problems it causes in application. Part III reviews the judicial shift away from a jurisdictional understanding of the state litigation rule—under which compliance with the rule is a prerequisite to a court’s power to hear a takings claim—to a prudential view in which application of the state litigation rule lies within …
The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger
The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger
Touro Law Review
No abstract provided.
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Brief For The United States Of America
Dred Scott: A Nightmare For The Originalists, Sol Wachtler
Dred Scott: A Nightmare For The Originalists, Sol Wachtler
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Criminal Procedure Decisions In The October 2005 Term, Susan N. Herman
Touro Law Review
No abstract provided.
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Campaign Finance And Political Gerrymandering Decisions In The October 2005 Term, Burt Neuborne
Touro Law Review
No abstract provided.
First Amendment Decisions In The October 2005 Term, Joel Gora
First Amendment Decisions In The October 2005 Term, Joel Gora
Touro Law Review
No abstract provided.
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
An Overview Of The October 2005 Supreme Court Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf
The Case For Rational Basis Review Of General Suspicionless Searches And Seizures, Richard C. Worf
Touro Law Review
This article examines the constitutional status of suspicionless searches and seizures of groups- an exceedingly important question in the age of terror, and a subject recently brought back to the forefront by the searches of subway passengers in New York City. It draws on process theory to argue that when a legislature has authorized a group search or seizure, courts should generally apply rational basis review.
First, other areas of constitutional doctrine exhibit deep trust in the power of groups to protect their interests in political process, and there is no reason why fourth amendment doctrine should not do the …
Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum
Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum
Touro Law Review
No abstract provided.
The State-Created Danger Doctrine, Erwin Chemerinsky
The State-Created Danger Doctrine, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein
Surrogate's Court, Broome County, In Re Guardian Of Derek, Barry M. Frankenstein
Touro Law Review
No abstract provided.
Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano
Court Of Appeals Of New York, Hernandez V. Robles, Gennaro Savastano
Touro Law Review
No abstract provided.
Criminal Court, New York County, People V. Dejesus, Justin Goldberg
Criminal Court, New York County, People V. Dejesus, Justin Goldberg
Touro Law Review
No abstract provided.
Supreme Court, Bronx County, People V. Buari, Matthew Moisan
Supreme Court, Bronx County, People V. Buari, Matthew Moisan
Touro Law Review
No abstract provided.
Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski
Family Court, Queens County, In Re German F. And Hector R., Angelique Hermanowski
Touro Law Review
No abstract provided.
Supreme Court, Queens County, People V. Tam, Elaine Yang
Supreme Court, Queens County, People V. Tam, Elaine Yang
Touro Law Review
No abstract provided.
Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese
Appellate Division, Fourth Department, People V. Mcfarley, Erica R. Borgese
Touro Law Review
No abstract provided.
County Court, Nassau County, People V. Osbourne, Diane Matero
County Court, Nassau County, People V. Osbourne, Diane Matero
Touro Law Review
No abstract provided.
Appellate Division, First Department, People V. Dillard, Edward Puerta
Appellate Division, First Department, People V. Dillard, Edward Puerta
Touro Law Review
No abstract provided.