Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (41)
- Land Use Law (41)
- State and Local Government Law (25)
- Housing Law (24)
- Constitutional Law (22)
-
- Law and Society (15)
- Legal Remedies (13)
- Legislation (13)
- Natural Resources Law (12)
- Supreme Court of the United States (9)
- Tax Law (9)
- Administrative Law (8)
- Civil Law (8)
- Contracts (8)
- International Law (8)
- Torts (8)
- Banking and Finance Law (7)
- Family Law (7)
- Law and Economics (7)
- Law and Race (7)
- Civil Procedure (6)
- Comparative and Foreign Law (6)
- Criminal Law (6)
- Intellectual Property Law (6)
- Social and Behavioral Sciences (6)
- Civil Rights and Discrimination (5)
- Estates and Trusts (5)
- Litigation (5)
- Institution
-
- Florida State University College of Law (24)
- Chicago-Kent College of Law (21)
- Texas A&M University School of Law (16)
- University of Maine School of Law (14)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (14)
-
- William & Mary Law School (10)
- Georgia State University College of Law (6)
- University of Montana (6)
- Brooklyn Law School (5)
- Maurer School of Law: Indiana University (4)
- Notre Dame Law School (4)
- Pepperdine University (4)
- Roger Williams University (4)
- St. Mary's University (4)
- University of Miami Law School (4)
- West Virginia University (4)
- Cleveland State University (3)
- Marquette University Law School (3)
- Pace University (3)
- The Peter A. Allard School of Law (3)
- UIC School of Law (3)
- University of Colorado Law School (3)
- Duke Law (2)
- Seattle University School of Law (2)
- Southern Methodist University (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Arkansas Little Rock (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Missouri School of Law (2)
- University of South Dakota (2)
- Keyword
-
- Property (28)
- Dignity (20)
- Dignity Takings (17)
- Takings (12)
- Fifth Amendment (8)
-
- Housing (7)
- Land use (7)
- Property law (7)
- Regulatory takings (7)
- Zoning (6)
- Foreclosure (5)
- Land Use (5)
- Property Law (5)
- Property Rights (5)
- Regulation (5)
- Bankruptcy (4)
- Civil Rights (4)
- Eminent Domain (4)
- Eminent domain (4)
- Fifth amendment (4)
- Local Government (4)
- Appalachia (3)
- City Planning (3)
- Climate change (3)
- Criminal Law and Procedure (3)
- Due process (3)
- Easement (3)
- Environment (3)
- Infrastructure (3)
- Investment (3)
- Publication
-
- Florida State University Journal of Land Use and Environmental Law (24)
- Chicago-Kent Law Review (20)
- Maine Law Review (13)
- Nevada Supreme Court Summaries (12)
- Texas A&M Journal of Property Law (11)
-
- Faculty Scholarship (10)
- Faculty Publications (8)
- Georgia State University Law Review (6)
- Public Land & Resources Law Review (6)
- Journal Articles (4)
- West Virginia Law Review (4)
- All Faculty Publications (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Indiana Law Journal (3)
- Articles (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Law Faculty Research Publications (2)
- Marquette Law Review (2)
- Nevada Law Journal (2)
- Notre Dame Law Review (2)
- Publications (2)
- Roger Williams University Law Review (2)
- Scholarship@WashULaw (2)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
- Texas A&M Law Review (2)
- The Journal of Business, Entrepreneurship & the Law (2)
- Touro Law Review (2)
- UIC Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- University of Miami Law Review (2)
- Publication Type
Articles 91 - 120 of 212
Full-Text Articles in Property Law and Real Estate
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson
William & Mary Business Law Review
In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme …
Maine Principles Of Ownership Along Water Bodies, Knud E. Hermansen, Donald R. Richards
Maine Principles Of Ownership Along Water Bodies, Knud E. Hermansen, Donald R. Richards
Maine Law Review
This Article provides a summary of the Maine common law of riparian boundaries. It is geared toward practitioners who practice or provide counsel in the area of real property law or who must litigate boundaries and title rights involving water bodies. This Article also includes recommendations for fixing previously undefined boundaries across water. However, readers should be aware that this Article does not attempt to provide an exhaustive survey of all riparian law. In recent years state and federal legislation has further limited or restricted specific landowner common law rights along water bodies.
Florida Rock Industries, Inc. V. United States: Tipping The Scales In Favor Of Private Property Rights At The Public's Expense, Susan E. Spokes University Of Maine School Of Law
Florida Rock Industries, Inc. V. United States: Tipping The Scales In Favor Of Private Property Rights At The Public's Expense, Susan E. Spokes University Of Maine School Of Law
Maine Law Review
In Florida Rock Industries, Inc. v. United States the Court of Appeals for the Federal Circuit held that the denial of a federal wetlands permit under section 1344 of the Clean Water Act may constitute a compensable taking of private property under the Fifth Amendment to the United States Constitution. The court remanded the case to the Federal Court of Claims to determine the value of the property remaining after the permit denial, while warning the trial court that the existing record did not support a finding of the loss of all economically viable use of the property. The Federal …
Ed Godfrey: The Justice, The Person, And Some Cases On Property, Merle W. Loper
Ed Godfrey: The Justice, The Person, And Some Cases On Property, Merle W. Loper
Maine Law Review
At the end of 1994 Dean Edward S. Godfrey III stepped down from his teaching position as Professor Emeritus of the University of Maine School of Law. In honor of his service to Maine’s only law school, to the Maine Supreme Judicial Court, to the Maine Bar, and to the people of the State of Maine, the Board and Staff dedicate Volume 47 of the Maine Law Review to Dean Edward Godfrey. Reviews by Maine Law School faculty members of Dean Godfrey’s Law Court decisions in several areas of the law follow.
The Long-Standing Requirement That Delegations Of Land Use Control Power Contain "Meaningful" Standards To Restrain And Guide Decision-Makers Should Not Be Weakened, Orlando E. Delogu, Susan E. Spokes
The Long-Standing Requirement That Delegations Of Land Use Control Power Contain "Meaningful" Standards To Restrain And Guide Decision-Makers Should Not Be Weakened, Orlando E. Delogu, Susan E. Spokes
Maine Law Review
Some forty years ago, a leading land use scholar noted that “it has always been recognized that it is an essential part of the judicial function to watch over the parochial and exclusionist attitudes and policies of local governments, and to see to it that these do not run counter to national policy and the general welfare.” Maine courts by and large have discharged this judicial function by consistently striking down unauthorized and overreaching local governmental land use decisions. Several recent cases, however, cast doubt on the Law Court's continuing commitment to guard against the parochial instincts of local land …
Maine Roads And Easements, Knud E. Hermansen, Donald R. Richards
Maine Roads And Easements, Knud E. Hermansen, Donald R. Richards
Maine Law Review
Black's Law Dictionary defines an easement as a right of use over the property of another. An easement is a right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right in the owner. It is an interest that one person has in the land of another. A primary characteristic of an easement, that its burden falls upon the possessor of the land from which it issued, is expressed in the statement that the land constitutes a servient estate or …
Of Buildings, Statues, Art, And Sperm: The Right To Destroy And The Duty To Preserve, Gregory S. Alexander
Of Buildings, Statues, Art, And Sperm: The Right To Destroy And The Duty To Preserve, Gregory S. Alexander
Cornell Journal of Law and Public Policy
Courts tend to frame right-to-destroy disputes in terms of a conflict between respecting individual autonomy and avoiding social waste. That framing unduly obscures what is involved in these cases. Autonomy is a rich value that requires discerned investigation, and social waste masks the existence of community capabilities of legitimate concern. A human flourishing perspective illuminates these multiple values and capabilities. Conflicts involving the right to destroy resist neat categorical solutions, but that does not mean that they cannot be resolved rationally or even with a relatively high degree of predictability, as I have tried to show in this Article.
Who Owns North Carolina? Econometric, Geospatial, And Interview Analyses Of Land In Appalachian North Carolina For Land Policy Reform In The Appalachians: A Research Design And Findings To Date, Jacob Meadows
West Virginia Law Review
No abstract provided.
Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.
Receivership: Another Option For Partition Of Heirs Property, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
Property Law And Civil Procedure--Establishing Precedent For Afha Enforcement And Revising Arkansas's Law On Punitive Damages. Watkins V. Turner, 2016 Ark. App. 158, 2016 Wl 903765, Tasha L. Strickland
Property Law And Civil Procedure--Establishing Precedent For Afha Enforcement And Revising Arkansas's Law On Punitive Damages. Watkins V. Turner, 2016 Ark. App. 158, 2016 Wl 903765, Tasha L. Strickland
University of Arkansas at Little Rock Law Review
No abstract provided.
The Power To Exclude And The Power To Expel, Donald J. Smythe
The Power To Exclude And The Power To Expel, Donald J. Smythe
Cleveland State Law Review
Property laws have far-reaching implications for the way people live and for the opportunities they and their children will have. They also have important consequences for property developers and businesses, both large and small. It is not surprising, therefore, that modern developments in property law have been so strongly influenced by political pressures. Unfortunately, those with the most economic resources and political power have had the most telling influences on the development of property laws in the United States during the twentieth century. This Article introduces a simple game—the "Not-In-My-Backyard Game"—to illustrate the motivations of various parties with interests in …
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
The Natural Property Rights Straitjacket: The Takings Clause, Taxation, And Excessive Rigidity, Eric Kades
Faculty Publications
Natural property rights theories have become the primary lens through which conservative jurists and scholars view the Constitution’s main property rights provision, the Takings Clause. One of their most striking arguments is that progressive income taxation — applying higher tax rates to higher incomes — is an unconstitutional taking of wealthy taxpayers’ property. This has become part and parcel of well-established battle lines between conservative property rights advocates and their liberal counterparts. What has gone unnoticed is that the very same argument deployed against progressive taxation also deems regressive taxation — applying lower tax rates to higher incomes — an …
Treating Neighbors As Nuisances: Troubling Applications Of Criminal Activity Nuisance Ordinances, Joseph Mead, Megan E. Hatch, J. Rosie Tighe, Marissa Pappas, Kristi Andrasik, Elizabeth Bonham
Treating Neighbors As Nuisances: Troubling Applications Of Criminal Activity Nuisance Ordinances, Joseph Mead, Megan E. Hatch, J. Rosie Tighe, Marissa Pappas, Kristi Andrasik, Elizabeth Bonham
Et Cetera
Thousands of cities nationwide enforce Criminal Activity Nuisance Ordinances that catalyze the eviction of tenants when there are two or more police visits to a property. We report findings of an empirical study of enforcement of nuisance ordinances, finding that cities often target survivors of domestic violence, people experiencing a mental health crisis, nonprofit organizations serving people with disabilities, people seeking life-saving medical intervention to prevent a fatal drug overdose, and non-criminal behavior such as playing basketball or being “disrespectful.” Codifying into public policy a path to homelessness in these instances is not only cruel and counterproductive, but likely violates …
A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson
A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Dignity Takings In Gangland’S Suburban Frontier, Lua Kamál Yuille
Dignity Takings In Gangland’S Suburban Frontier, Lua Kamál Yuille
Chicago-Kent Law Review
This paper engages the evolving dignity takings framework, first developed by Bernadette Atuahene, in the context of contemporary American street gangs (e.g. Crips, Bloods, Latin Kings, etc.). Contrary to most popular accounts, it starts with a reimagined and complicated notion of street gangs that emphasizes not their secondary or tertiary violence and criminality but their primary function as corporate institutions engaged in the sustained, transgressive creation of alternative markets for the creation of the types of property interests that scholars have associated with the development and pursuit of identity and “personhood.” From this perspective, the paper applies the dignity takings …
Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo
Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo
Chicago-Kent Law Review
When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases from …
No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.
No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.
Chicago-Kent Law Review
The Kurds are the world’s largest ethnonational group without their own state. They have often been the target of ethnic strife and discrimination. Even within their semi-autonomous territory, Iraqi Kurds have faced humiliation and oppression. This essay argues that the Kurds in Iraq have been deprived of their property and dignity and hence have been subjected to “dignity takings.” This occurred in three distinct phases: the 1970s under “Ba’athification,” the 1980s under Saddam Hussein, and at present under the Islamic State (ISIS). During each phase, the Kurds have suffered involuntary property loss through forced relocations and the destruction of homes …
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Chicago-Kent Law Review
Procedural barriers which limit individuals’ ability to bring lawsuits—like conditioning litigation upon the provision of a bond—are a subtle way to reduce the volume of tort litigation. The use of such procedural doctrines often spares legislatures from the need to debate the substance of legal rights, especially when those rights are politically controversial. This Article presents a case study of this phenomenon which has escaped scholarly attention, in the intriguing context of the Israeli-Palestinian Conflict. On the books, a unique mechanism enables non-Israeli citizen Palestinians of the West Bank and Gaza Strip to bring civil actions for damages against Israel …
Dignity Takings And Dignity Restoration: A Case Study Of The Colombian Land Restitution Program, Diana Esther Guzmán-Rodríguez
Dignity Takings And Dignity Restoration: A Case Study Of The Colombian Land Restitution Program, Diana Esther Guzmán-Rodríguez
Chicago-Kent Law Review
Over the past 50 years, Colombia has experienced intense socio-political violence associated with its internal armed conflict. As a result of this violence, long and complicated processes of land dispossession have taken place throughout the country, and more than seven million people have been internally displaced. Currently, the Colombian state is implementing a Land Restitution Program, which aims to restitute the dispossessed lands and to transform deep inequalities associated with massive forced displacement. This case study on both the complexities of the land takings in Colombia and the Land Restitution Program’s ambitious goals contributes to strengthening the socio-legal concepts of …
Urban Renewal And Sacramento’S Lost Japantown, Thomas W. Joo
Urban Renewal And Sacramento’S Lost Japantown, Thomas W. Joo
Chicago-Kent Law Review
No abstract provided.
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
The State Giveth And Taketh Away: Race, Class, And Urban Hospital Closings, Shaun Ossei-Owusu
Chicago-Kent Law Review
This essay uses concepts from Bernadette Atuahene’s book We Want What’s Ours: Learning from South Africa’s Land Restitution Program to examine the trend of urban hospital closings. It does so by focusing specifically on the history of Martin Luther King, Jr. Community Hospital, a charitable hospital in South Los Angeles, California that emerged after the Watts riots in 1965. The essay illustrates how Professor Atuahene’s framework can generate unique questions about the closing of urban hospitals, and public bureaucracies more generally. The essay also demonstrates how Martin Luther King, Jr. Community Hospital’s trajectory hones some of Atuahene’s concepts in ways …
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Fucking With Dignity: Public Sex, Queer Intimate Kinship, And How The Aids Epidemic Bathhouse Closures Constituted A Dignity Taking, Stephen M. Engel, Timothy S. Lyle
Chicago-Kent Law Review
In the name of public health, authorities in San Francisco and New York City pursued the closure of gay bathhouses in 1984 and 1985, respectively. We challenge the dominant historical narrative that justified these closings, and through that challenge, we argue that these closures constituted a dignity taking against gay and queer-identified men. Bathhouses were not simply dens of impersonal anonymous sex. They were critical sites of community development and queer kinship. Many governing authorities neither considered the value of these institutions nor grappled with queer understandings of space, contact, intimacy, and belonging. The debates and the closures that followed …
Sound Recordings And Dignity Takings: Reflections On The Racialization Of Migrants In Contemporary Italy, Gianpaolo Chiriacò
Sound Recordings And Dignity Takings: Reflections On The Racialization Of Migrants In Contemporary Italy, Gianpaolo Chiriacò
Chicago-Kent Law Review
In the field of ethnomusicology, it is possible to consider musical collaborations—such as traditional fieldwork or joint musical projects between artists of different background—as spaces where different individuals and subjectivities share their own artistic practices and products, as well as the musical cultures of which they are representative or bearers. Such collaborations raise an array of methodological questions with implications to social justice and power relations. The aim of this contribution is to use the notion of dignity takings and dignity restoration to tackle some of these questions. While relying strongly on my own fieldwork in Rome and Chicago, I …
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson
Chicago-Kent Law Review
No abstract provided.
Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw
Creating The Urban Educational Desert Through School Closures And Dignity Taking, Matthew Patrick Shaw
Chicago-Kent Law Review
Closures of urban open-enrollment neighborhood schools that primarily serve students of color are intensely controversial. Districts seeking to economize often justify closures by pointing to population shifts in historically densely populated urban areas. They argue that net reductions in a neighborhood’s school-aged population result in underutilized schools, which do a disservice to students at higher cost to districts. Students and their families and communities counter, pointing to histories of district neglect of their schools and recent school expansions in more affluent neighborhoods of similar population density as belying district claims of utility-based downsizing. In this article, I use a critical …
Beyond Trademark: The Washington Redskins Case And The Search For Dignity, Victoria F. Phillips
Beyond Trademark: The Washington Redskins Case And The Search For Dignity, Victoria F. Phillips
Chicago-Kent Law Review
In her pioneering book, We Want What’s Ours: Learning from South Africa’s Land Restitution Program, Professor Bernadette Atuahene employs a detailed ethnographic study of South Africa’s land restitution program to develop the concept of a dignity taking. This article extends the application of Atuahene’s theory to the taking of intangible property arguing that the misappropriation of cultural identity and imagery for use as a federal trademark can also constitute a dignity taking in certain cases. Perhaps no effort has received more public attention than the longstanding battle over the Washington NFL football team’s name and its federally registered “Redskins” …
Dignity Takings And Wage Theft, César F. Rosado Marzán
Dignity Takings And Wage Theft, César F. Rosado Marzán
Chicago-Kent Law Review
No abstract provided.
Dignity And Discrimination: Employment Civil Rights In The Workplace And In Courts, Laura Beth Nielsen, Ellen C. Berrey, Robert L. Nelson
Dignity And Discrimination: Employment Civil Rights In The Workplace And In Courts, Laura Beth Nielsen, Ellen C. Berrey, Robert L. Nelson
Chicago-Kent Law Review
Employment civil rights and the litigation associated with enforcing them are a complex interplay of public and private employers, regulatory agencies, and federal courts. When an employee loses a job or their position in an employing organization, the financial effects are very real. If the employee makes a claim of discriminatory treatment using the employer’s human resources complaint processes or with the EEOC or state equivalent, they often face workplace retaliation and even termination. Using interviews conducted with parties to employment civil rights lawsuits, this article argues that the regime of employment civil rights in the United States can be …
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Dignity Takings, Dignity Restoration: A Tort Law Perspective, Valerie P. Hans
Chicago-Kent Law Review
No abstract provided.
Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer
Dignity Restoration And The Chicago Police Torture Reparations Ordinance, Andrew S. Baer
Chicago-Kent Law Review
A recent municipal ordinance giving reparations to survivors of police torture in Chicago represents an unprecedented effort by a city government to repair damage wrought by decades of police violence. Between 1972 and 1991, white detectives under Commander Jon Burge tortured confessions from over 118 black criminal suspects on the city’s South and West Sides. Responding to the needs of affected communities, a coalition of torture survivors, their families, civil rights attorneys, and community activists pushed the reparations bill through the City Council on May 6, 2015. Representing the holistic approach favored by survivors, the $5 million reparations package awarded …