The Path Out Of Washington's Takings Quagmire: The Case For Adopting The Federal Takings Analysis,
2011
University of Washington School of Law
The Path Out Of Washington's Takings Quagmire: The Case For Adopting The Federal Takings Analysis, Roger D. Wynne
Washington Law Review
A quagmire awaits anyone attempting to understand the analysis Washington courts employ to determine whether government action constitutes a “taking” of property for which compensation is due under the U.S. Constitution. The Washington takings analysis is complex and confounding, especially when compared to the relatively straightforward takings analysis established by the U.S. Supreme Court. This Article argues that the Washington State Supreme Court should reject the Washington takings analysis and adopt the federal analysis. Comparing the federal and Washington analyses underscores how, as a matter of form, the Washington analysis easily stymies those who must work with it. Substantively, the …
Paying For The Past: Addressing Past Property Violations In South Africa,
2011
IIT Chicago-Kent College of Law
Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid,
2011
IIT Chicago-Kent College of Law
South Africa’S Land Reform Crisis: Eliminating The Legacy Of Apartheid, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Property Rights And The Demands Of Transformation,
2011
IIT Chicago-Kent College of Law
Property Rights And The Demands Of Transformation, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
Opt-In Or Opt-Out?,
2011
Marquette
Opt-In Or Opt-Out?, Rachel Bernstein
Maria Dittman Library Research Competition: Student Award Winners
No abstract provided.
To Gauge An Understanding Of How Boundaries Are Perceived In Ireland By Landowners,
2011
Technological University Dublin
To Gauge An Understanding Of How Boundaries Are Perceived In Ireland By Landowners, Daragh O'Brien, William Prendergast
Conference Papers
Recent anecdotal evidence from property professionals indicates that there has been a significant increase in boundary disputes in Ireland since the phased publication of the Land Registry digital map in 2005. There is a need to investigate this development in order to confirm or refute this trend and attempt to identify the issues causing these disputes. There is an absence of detailed information on the causes and types of boundary disputes within the Irish Legal system. This project aims to address this lack of information by collecting comprehensive information on a range of case studies over the past 5 years …
Finding Possession: Labor, Waste And The Evolution Of Property,
2011
Washington and Lee University School of Law
Finding Possession: Labor, Waste And The Evolution Of Property, Jill M. Fraley
Scholarly Articles
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 Great American Housing Bubble : The Road To Collapse,
2011
University of Denver
The Great American Housing Bubble : The Road To Collapse, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
In the aftermath of the American housing collapse in 2008, many ask why. The Great American Housing Bubble: The Road to Collapse asks a different and more fundamental question - how the bubble was created in the first place. To answer that question, it examines the causes, both political and economic, of the American housing bubble created between 1940 and 2007. Those causes encompass everything from federal income tax subsidies for housing to local exclusionary policies, banking, accounting, real estate appraisal, and credit agency rating practices and policies. The book also takes into account the impact of greed, government regulation, …
The Liability-Offset Theory Of Peracchi,
2011
Brooklyn Law School
The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas L. Longhofer
Faculty Scholarship
No abstract provided.
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty,
2011
Fordham University School of Law
The “New Body Snatchers”: Analyzing The Effect Of Presumed Consent Organ Donation Laws On Privacy, Autonomy, And Liberty, Maryellen Liddy
Fordham Urban Law Journal
This Note examines, in three parts, presumed consent laws as they pertain to organ donation. Part I discusses presumed consent and explains the salient features of presumed consent laws. It then discusses case law that addresses the aftermath of unauthorized organ or tissue harvesting. Part II evaluates the United States Supreme Court's evolving conceptions of the rights of individual and family-based privacy, autonomy, and liberty, for subsequent application to the presumed consent organ donation controversy. Part III analyzes presumed consent laws in light of the donors and their families' privacy, autonomy, and liberty interests. The Note concludes that current presumed …
Don't Burst The Bubble: An Analysis Of The First-Time Homebuyer Credit And Its Use As An Economic Policy Tool, 45 J. Marshall L. Rev. 23 (2011),
2011
UIC School of Law
Don't Burst The Bubble: An Analysis Of The First-Time Homebuyer Credit And Its Use As An Economic Policy Tool, 45 J. Marshall L. Rev. 23 (2011), Sarah J. Webber
UIC Law Review
No abstract provided.
Resurrecting The Bogeyman: The Curious Forms Of The Substantial Burden Test In Rluipa,
2011
The Catholic University of America, Columbus School of Law
Resurrecting The Bogeyman: The Curious Forms Of The Substantial Burden Test In Rluipa, Adam J. Macleod
Scholarly Articles
In 2000 Congress revived strict scrutiny review of regulations that substantially burden religious land use when it enacted the Religious Land Use and Institutionalized Persons Act (RLUIPA). Many worry that RLUIPA creates a blanket exemption for religious institutions from neutral laws of general application, and that it threatens principles of federalism. A decade of experience with RLUIPA shows that these fears are unfounded. Indeed, the United States Courts of Appeals have gone out of their way to constrain the reach of RLUIPA's substantial burden provision. They have imposed upon the provision some creative interpretations, many of which are inconsistent with …
Overview Of International Arbitration In The Intellectual Property Context,
2011
Kirkland & Ellis LLP
Overview Of International Arbitration In The Intellectual Property Context, Kenneth R. Adamo
Global Business Law Review
Resolving intellectual property rights (“IPR”) issues through alternative dispute resolution (“ADR”) proceedings was a technique long-developing in many major countries. Despite the earlier presence of the Arbitration Act in United States law, the subject of use of arbitration in IPR situations, especially regarding U.S. patents, remained an open and contested issue, until the original addition of 35 U.S.C. § 294 to the U.S. Patent Act in 1982. U.S. law is now resolved in the availability of IPR arbitration as an ADR tool, either through a “pre-problem” contract, such as a license, or as a “post-problem” mechanism elected and/or established by …
Clearing The Path For Land Rights, One Road Block At A Time: How Peru’S Indigenous Population Can Assert Their Land Rights Against Peru’S Government,
2011
Cleveland State University
Clearing The Path For Land Rights, One Road Block At A Time: How Peru’S Indigenous Population Can Assert Their Land Rights Against Peru’S Government, Alex Meyers
Global Business Law Review
To the indigenous people of Peru, a strong relationship exists between land and livelihood. They depend on their land for the food they eat, the water they drink, and the resources they use to build their shelter. It follows that a threat to their property rights also threatens their survival; this past year, they have proven that they are prepared to defend their property rights with their lives. This Note shows that between the legal systems of Peru, the Organization of American States (OAS), and the United Nations (UN), Peru’s indigenous people should pursue their claim against Peru’s government in …
The Market Value Rule Of Damages And The Death Of Irreparable Injury,
2011
Cleveland State University
The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff
Cleveland State Law Review
A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent …
The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law,
2011
University of Baltimore School of Law
The Properties Of Instability: Markets, Predation, Racialized Geography, And Property Law, Audrey Mcfarlane
All Faculty Scholarship
A central, symbolic image supporting property ownership is the image of stability. This symbol motivates most because it allows for settled expectations, promotes investment, and fulfills a psychological need for predictability. Despite the symbolic image, property is home to principles that promote instability, albeit a stable instability. This Article considers an overlooked but fundamental issue: the recurring instability experienced by minority property owners in ownership of their homes. This is not an instability one might attribute solely to insufficient financial resources to retain ownership, but instead reflects an ongoing pattern, exemplified throughout the twentieth century, of purposeful involuntary divestment of …
2010: It Was A Very Good Year…To Die--Or Was It?,
2011
University of South Carolina - Columbia
2010: It Was A Very Good Year…To Die--Or Was It?, S. Alan Medlin, F. Ladson Boyle, Howard M. Zaritsky
Faculty Publications
No abstract provided.
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation,
2011
University of Miami School of Law
Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman
Articles
No abstract provided.
Did The U.S. Supreme Court Recognize An Elusive Or Illusive Judicial Taking In Stop The Beach Renourishment?,
2011
University of Kentucky
Did The U.S. Supreme Court Recognize An Elusive Or Illusive Judicial Taking In Stop The Beach Renourishment?, Derek Leslie
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Series Llcs In Real Estate Transactions,
2011
Brooklyn Law School
Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala
Faculty Scholarship
No abstract provided.
