Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”,
2018
University of Maryland Francis King Carey School of Law
Murr-Ky Waters: How Murr V. Wisconsin Creates Uncertainty In Attempting To Answer The “Denominator Question”, Charles M. Kassir
Maryland Law Review Online
No abstract provided.
An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now,
2018
University of Maine School of Law
An Argument To The State Of Maine, The Town Of Wells, And Other Maine Towns Similarly Situated: Buy The Foreshore - Now, Orlando E. Delogu
Maine Law Review
This paper has its roots in the finality of what have come to be called the Moody Beach decisions. In the last of these two cases, Maine's Supreme Judicial Court, sitting as the Law Court, held that the public's right to use the intertidal zone was limited to those uses and activities spelled out in the Colonial Ordinance of 16411647: “We agree with the Superior Court's declaration of the state of the legal title to Moody Beach. Long and firmly established rules of property law dictate that the plaintiff oceanfront owners at Moody Beach hold title in fee to the …
Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy
Nevada Supreme Court Summaries
The Court held that when the Federal Housing Finance Agency (FHFA) is acting as a conservator, absent their affirmative relinquishment, the Federal Foreclosure Bar cloaks property with Congressional protection.
No Farms No Food? A Response To Baylen Linnekin,
2018
Elisabeth Haub School of Law at Pace University
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
You have likely seen the bumper sticker, bold white text on a green background, reading “No Farms No Food.” The sticker is a product of, and in fact a tagline for, the American Farmland Trust. On the one hand, the point is obvious: As American Farmland Trust puts it, “[e]very meal on our plates [c]ontains ingredients grown on a farm. We all need farms to survive.” On the other hand, what seems like a plain statement on its face, “no farms no food,” is not so simple. Farms produce affordable food, they produce vast quantities of food, they produce healthy …
Understanding The Complicated Landscape Of Civil War Monuments,
2018
University of Miami School of Law
Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps
Journal Articles
This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia,
2018
St. Mary's University School of Law
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Asarco Llc V. Atlantic Richfield Company,
2018
Alexander Blewett III School of Law at the University of Montana
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
The Human Right Of Property,
2018
New York University School of Law
The Human Right Of Property, José E. Alvarez
University of Miami Law Review
Despite the absence of a comprehensive global pact on the subject, the human right to property protection—a right of property but only rarely to specific property—exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War’s omission of property rights in the two principal treaties on human rights, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, has been overtaken by events. But that reality continues to be resisted by legal scholars, including human rights advocates, as well …
An Error Of Law And The Credibility Of The Civil Resolution Tribunal,
2018
Allard School of Law at the University of British Columbia
An Error Of Law And The Credibility Of The Civil Resolution Tribunal, Douglas C. Harris, Sophie Marshall
All Faculty Publications
No abstract provided.
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,
2018
William & Mary Law School
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,
2018
University of Maine School of Law
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,
2018
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,
2018
University of Maine School of Law
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,
2018
University of Maine School of Law
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,
2018
University of Maine School of Law
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,
2018
Cornell Law School
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,
2018
West Virginia University
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,
2018
West Virginia University College of Law
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,
2018
University of Arkansas Little Rock
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,
2018
California Western School of Law
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 …
