AuthorTitleCitationSummaryYear
Jonathan Drimmer HATE PROPERTY: A SUBSTANTIVE LIMITATION FOR AMERICA'S CULTURAL PROPERTY LAWS 65 Tennessee Law Review 691 (Spring, 1998) C1-3Table of Contents I. Introduction. 693 II. Cultural Properties. 698 A. Definition of Culture and Cultural Identity. 698 B. Cultural Property. 700 C. The Transmission of Cultural Identities Through Cultural Properties. 702 D. The Harm of Denying Access to Cultural Properties. 703 III. The Dilemma Posed by the Confiscation of Nazi Artwork. 704 A.... 1998
Robyn Minter Smyers HIGH NOON IN PUBLIC HOUSING: THE SHOWDOWN BETWEEN DUE PROCESS RIGHTS AND GOOD MANAGEMENT PRACTICES IN THE WAR ON DRUGS AND CRIME 30 Urban Lawyer 573 (Summer, 1998) Associate, Real Estate Department, Paul, Weiss, Rifkind, Wharton & Garrison; J.D., Yale Law School, 1997; A.B., Harvard College 1991. In Heaven there will be no law, and the lion will lie down with the lamb. . . . In Hell there will be nothing but law, and due process will be meticulously observed. Grant Gilmore Living Here is Like Living in Hell.... 1998
William E. Murray HOMEOWNERS INSURANCE REDLINING: THE INADEQUACY OF FEDERAL REMEDIES AND THE FUTURE OF THE PROPERTY INSURANCE WAR 4 Connecticut Insurance Law Journal 735 (1997-1998) L1-2INTRODUCTION 736 I. THE PROBLEM OF INSURANCE REDLINING. 740 II. DISPARATE IMPACT ANALYSIS. 742 III. REDLINING CLAIMS UNDER FEDERAL LAW. 747 A. Redlining Claims Under the Fair Housing Act. 747 1. The Conflict Between the Circuits. 748 2. HUD's Response to the Mackey Decision. 751 3. McCarran-Ferguson and Preemption of Redlining Claims Under the... 1998
Jason C. Long HOUSING DISCRIMINATION AND THE STATUS OF UNMARRIED COHABITANTS--LIVING WITH MCCREADY V. HOFFIUS 76 University of Detroit Mercy Law Review 99 (Fall 1998) Oliver Wendell Holmes once wrote that [e]very opinion tends to become a law. While it may not be the case that every opinion becomes law, certainly every law is based on some opinion. Michigan's laws are no exception to this phenomenon, with personal beliefs about morality, religion, and virtue forming the basis for many of the state's laws.... 1998
Richard H. Sander HOUSING SEGREGATION AND HOUSING INTEGRATION: THE DIVERGING PATHS OF URBAN AMERICA 52 University of Miami Law Review 977 (July, 1998) Abstract. 977 I. Introduction. 978 II. Some Preliminary Issues. 981 A. The Measurement of Segregation. 981 B. The Formation of the Ghetto. 982 C. The Role of Income Differences. 983 III. A Theory of Segregation. 984 A. Five Components. 984 1. discrimination as an economic cost. 984 2. the diversity of racial preferences. 986 3. the mechanism of... 1998
Nicholas L. White KEEPING CURRENT PROPERTY 12-DEC Probate and Property 30 (November/December, 1998) Keeping CurrentProperty offers a look at selected recent cases, rulings and regulations, literature and legislation. The editors of Probate & Property welcome any suggestions and contributions from readers. ยท BANKRUPTCY: Chapter 13; tenants by the entirety. When a debtor and his nondebtor wife were found jointly liable for a secured debt, their... 1998
Michelle Adams KNOWING YOUR PLACE: THEORIZING SEXUAL HARASSMENT AT HOME 40 Arizona Law Review 17 (Spring 1998) The word home signifies a fundamental presumption in American culture: that an individual can preserve this one place--and no other--as private, secure, and inviolable. Sexual harassment in the home represents an invasion of this quintessentially private space. Sexual harassment at home raises different issues from sexual harassment at work, both... 1998
David G. Savage LAND OF OPPORTUNITY 84-OCT ABA Journal 34 (October, 1998) The Rehnquist Court over its 12 years has championed two causes with impressive consistency. The first is federalism, including the notion that elected city and state officials, not federal judges, should be entrusted with making the hard choices of government. When pressed, the Court has regularly deferred to decisions made by these officials and... 1998
Nicholas Blomley LANDSCAPES OF PROPERTY 32 Law and Society Review 567 (1998) If we want to explore the social dimensions of property, we need to think of it not only historically but also geographically, entailing both practices in and representations of social space. The concept of landscape is a useful bridging device here, given its double meaning as both a material space and as a particular way of seeing space.... 1998
Florence Wagman Roisman MANDATES UNSATISFIED: THE LOW INCOME HOUSING TAX CREDIT PROGRAM AND THE CIVIL RIGHTS LAWS 52 University of Miami Law Review 1011 (July, 1998) I. Introduction. 1011 II. The Low Income Housing Tax Credit Program. 1013 III. The Civil Rights Laws and the LIHTC Program. 1022 A. The Caselaw's Explication of the Duty Affirmatively to Further Title VIII. 1026 B. The Regulations' Explication of the Duty Affirmatively to Further Title VIII. 1029 IV. The Treasury's Obligations Under Title VIII... 1998
Edward A. Zelinsky METROPOLITANISM, PROGRESSIVISM, AND RACE 98 Columbia Law Review 665 (April, 1998) Professor Zelinsky examines three books on local government. Two of these, Cities Without Suburbs, by David Rusk, and Citistates, by Neal Peirce, call for metropolitanizing the governance of urban areas. Our Town, by David L. Kirp, John P. Dwyer, and Larry A. Rosenthal, explores the Mt. Laurel litigation and its aftermath and suggests that the land... 1998
Frank H. Wu NEW PARADIGMS OF CIVIL RIGHTS: A REVIEW ESSAY 66 George Washington Law Review 698 (March, 1998) Can we become one America? In another era, the question might have been rhetorical. In our age, it sounds more like a plea than an inquiry. In a commencement address delivered at the University of California at San Diego on June 14, 1997, President William Jefferson Clinton asked, [C]an we become one America in the 21st Century? In his remarks,... 1998
Terry W. Frazier PROTECTING ECOLOGICAL INTEGRITY WITHIN THE BALANCING FUNCTION OF PROPERTY LAW 28 Environmental Law 53 (Spring 1998) Restraints on the uses of property due to environmental controls have greatly proliferated in the latter half of the twentieth century. With the rise of the environmental movement and an increased concern with the ecological health of the planet, many perceive these restraints to be wholly reasonable. However, a backlash to environmental controls... 1998
Michael J. Davis , Karen L. Gaus PROTECTING GROUP HOMES FOR THE NON-HANDICAPPED: ZONING IN THE POST-EDMONDS ERA 46 University of Kansas Law Review 777 (May, 1998) Few land use issues have drawn more recent attention from both courts and legislatures than those concerning zoning and group homes. At the heart of the problem lie the obvious cross-purposes of family zoning ordinances intended to maintain neighborhood tranquility and stability on the one hand, and the variety of statutes aimed at protecting... 1998
Michael Selmi PUBLIC VS. PRIVATE ENFORCEMENT OF CIVIL RIGHTS: THE CASE OF HOUSING AND EMPLOYMENT 45 UCLA Law Review 1401 (June, 1998) Introduction. 1402 I. Enforcement of the Fair Housing Act. 1405 A. The Government's Efforts. 1405 1. The Complaint Filing Process. 1406 2. The Administrative Process. 1411 3. Proceeding to Judgment: Choice of Forum. 1415 B. Government Efforts Compared to the Private Bar. 1416 C. Pattern and Practice Cases. 1422 1. Home Mortgage Discrimination. 1423... 1998
Margalynne Armstrong RACE AND PROPERTY VALUES IN ENTRENCHED SEGREGATION 52 University of Miami Law Review 1051 (July, 1998) I. Introduction. 1051 II. Prevailing Perceptions. 1053 III. The Convergence of Illogic and Reality. 1059 IV. Property Value and Anti-Discrimination Law. 1061 V. Conclusion. 1063 1998
John O. Calmore RACE/ISM LOST AND FOUND: THE FAIR HOUSING ACT AT THIRTY 52 University of Miami Law Review 1067 (July, 1998) I. Introduction. 1068 II. Racism in the 1990s: Its Changing but Central Significance. 1073 A. Polarized Conceptions of Racism: Expansive-Impersonal vs. Restrictive-Personal. 1073 B. The Reactionary Approach to Racism: Reductio Ad Absurdum . 1080 III. Racism's Reincorporation of Prejudice, Stereotype, and Rational Discrimination. 1087 A. The... 1998
Stephen A. Denburg RECLAIMING THEIR PAST: A SURVEY OF JEWISH EFFORTS TO RESTITUTE EUROPEAN PROPERTY 18 Boston College Third World Law Journal 233 (Spring, 1998) The current Swiss banking scandal has shed light on the fact that many European countries have not fully revealed the extent of, or have failed to compensate Jews for, the numerous assets and property holdings that were confiscated during the Nazi era. While the Swiss banks moved quickly to establish humanitarian funds and restitute Jewish assets,... 1998
James W. Ely, Jr. REFLECTIONS ON BUCHANAN V. WARLEY, PROPERTY RIGHTS, AND RACE 51 Vanderbilt Law Review 953 (May 1, 1998) I. Introduction. 953 II. Analysis of Klarman and Bernstein Articles. 954 A. Klarman. 954 B. Bernstein. 960 III. The Place of Property Rights in the Polity. 963 A. Property and Liberty. 963 B. Substantive Due Process. 966 1998
Veronica L. Spicer SEGREGATION IN FEDERALLY SUBSIDIZED LOW-INCOME HOUSING IN THE UNITED STATES, MODIBO COULIBALY, RODNEY D. GREEN, AND DAVID M. JAMES; TABLES, TABLE OF CONTENTS, APPENDIX, INDEX; 153 PAGES; HARDBACK. 30 Urban Lawyer 1106 (Fall, 1998) Segregation in Federally Subsidized Low-Income Housing in the United States provides in-depth, statistical analysis proving the dirty secret of income and race segregation in public housing. The myth of public housing, its role as a social safety net for the deserving poor, is exposed. The authors show the goal of public housing projects has... 1998
Jane M. Gaines THE ABSURDITY OF PROPERTY IN THE PERSON 10 Yale Journal of Law & the Humanities 537 (Summer 1998) I had some reticence about doing a talk about legal culture because my work had moved so far away from it in recent years. In the process of rethinking a book that was published in 1991, however, I was surprised to discover some carry-over issues, as most scholars must find when they undertake this exercise. But my new area of interest seemed to be... 1998
Peter E. Mahoney THE END(S) OF DISPARATE IMPACT: DOCTRINAL RECONSTRUCTION, FAIR HOUSING AND LENDING LAW, AND THE ANTIDISCRIMINATION PRINCIPLE 47 Emory Law Journal 409 (Spring 1998) Introduction: The Crisis of Disparate Impact Theory and the Muddle of Fair Housing and Lending Law. 411 I. Deconstructing the Disparate Impact Standard in Fair Housing Law: An Archaeological Study. 421 A. The Disparate Impact Standard in Employment Discrimination Cases Under Title VII. 421 1. Elements of the Title VII Employment Discrimination... 1998
Barbara Spillman Schweiger THE PATH OF E-LAW: LIBERTY, PROPERTY, AND DEMOCRACY FROM THE COLONIES TO THE REPUBLIC OF CYBERIA 24 Rutgers Computer and Technology Law Journal 223 (1998) One century ago, Oliver Wendell Holmes, Jr., then an Associate Justice of the Supreme Judicial Court of Massachusetts, announced to the legal community that [w]e are only at the beginning of a philosophical reaction, and of a reconsideration of the worth of doctrines which for the most part still are taken for granted without any deliberate,... 1998
Joan Williams THE RHETORIC OF PROPERTY 83 Iowa Law Review 277 (January 1, 1998) Introduction. 278 I. The Intuitive Image of Property. 280 A. The Intuitive Image of Absoluteness. 280 B. Who Holds the Intuitive Image of Property?. 283 C. Of Foxes, Chimney Sweeps, and Other Pressing Legal Issues: How Contemporary Casebooks Meld Absolutist Rhetoric with the Political Theory of Possessive Individualism. 284 D. Reading Feudal... 1998
Susan B. Eisner THERE'S NO PLACE LIKE HOME: HOUSING DISCRIMINATION AGAINST DISABLED PERSONS AND THE CONCEPT OF REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING AMENDMENTS ACT OF 1988 14 New York Law School Journal of Human Rights 435 (WINTER 1998) Congress enacted Title VIII of the Civil Rights Act of 1968, often referred to as the Fair Housing Act (FHA), to prohibit housing discrimination on the basis of national origin, religion, race or color. In 1974, the FHA was amended to prohibit discrimination based on sex. Significantly, neither version of the law contained any prohibition of... 1998
Phyliss Craig-Taylor TO BE FREE: LIBERTY, CITIZENSHIP, PROPERTY, AND RACE 14 Harvard BlackLetter Law Journal 45 (Spring, 1998) Voltaire once described history as a pack of tricks that the present plays on the past. He failed to mention that the people of the past have their own dissembling pranks. The most troublesome for historians is the tendency to change without notice the meaning of words. Whole new concepts can take shape behind an unvarying set of terms. Nothing is... 1998
Maya Grosz TO HAVE AND TO HOLD: PROPERTY AND STATE REGULATION OF SEXUALITY AND MARRIAGE 24 New York University Review of Law and Social Change 235 (1998) In the 1967 decision Loving v. Virginia, the Supreme Court ended centuries of state prohibition of interracial sexual relationships. In Loving, the Court admitted that anti-miscegenation laws, which criminalized interracial sexual contacts and marriage, had contributed to the systemic subordination of people of color. In order to regulate marriage... 1998
Robin S. Golden TOWARD A MODEL OF COMMUNITY REPRESENTATION FOR LEGAL ASSISTANCE LAWYERING: EXAMINING THE ROLE OF LEGAL ASSISTANCE AGENCIES IN DRUG-RELATED EVICTIONS FROM PUBLIC HOUSING 17 Yale Law and Policy Review 527 (1998) Conflict over drug-related evictions of tenants from public housing projects is a thin strand in the tangled web of issues facing America's urban poor. It is a microcosm, however, of a larger dynamic that is the setting for this paper: the struggle between individual rights and community responsibility and the implications of that struggle for... 1998
Thomas G. Kelch TOWARD A NON-PROPERTY STATUS FOR ANIMALS 6 New York University Environmental Law Journal 531 (1998) In his thoughts, Herman spoke a eulogy for the mouse who had shared a portion of her life with him and who, because of him, had left this earth. What do they know--all these scholars, all these philosophers, all the leaders of the world--about such as you? They have convinced themselves that man, the worst transgressor of all the species, is the... 1998
Jane L. Scarborough WHAT IF THE BUTCHERS IN THE SLAUGHTER-HOUSE CASES HAD WON?: AN EXERCISE IN "COUNTERFACTUAL" DOCTRINE 50 Maine Law Review 211 (1998) The spirit of liberty is the spirit which is not too sure that it is right. In thinking about my contribution to this conference with the rather daunting task of exploring Law, Feminism & the 21st Century, I found myself reflecting upon the state of the law, or more particularly, constitutional law. As we prepare to end one century and begin... 1998
Wes Daniels "DERELICTS," RECURRING MISFORTUNE, ECONOMIC HARD TIMES AND LIFESTYLE CHOICES: JUDICIAL IMAGES OF HOMELESS LITIGANTS AND IMPLICATIONS FOR LEGAL ADVOCATES 45 Buffalo Law Review 687 (Fall 1997) Introduction Whether portrayed as derelicts, as victims of misfortune, or as people burdened by structural forces beyond their control, the image of homeless people as reflected in most court opinions is one of weakness, helplessness and despair. Such portrayals may seem necessary to legal advocates and decision-makers who want to find a way to... 1997
Kevin L. Hopkins A GOSPEL OF LAW 30 John Marshall Law Review 1039 (Summer 1997) Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997
W. David Koeninger A ROOM OF ONE'S OWN AND FIVE HUNDRED POUNDS BECOMES A PIECE OF PAPER AND "GET A JOB": EVALUATING CHANGES IN PUBLIC HOUSING POLICY FROM A FEMINIST PERSPECTIVE 16 Saint Louis University Public Law Review 445 (1997) When Dantrell Davis, a seven-year-old boy, was shot and killed by a gang member while walking to elementary school in October 1992, the Chicago public housing development called Cabrini-Green became known to the entire country. The incident received such attention because it provided the public with a neat reminder of everything that was wrong with... 1997
Brent E. Simmons AFFIRMATIVE ACTION: THE LEGISLATIVE DEBATE IN THE MICHIGAN HOUSE OF REPRESENTATIVES 14 Thomas M. Cooley Law Review 267 (1997) On November 5, 1996, California voters approved Proposition 209-the so-called California Civil Rights Initiative-by a 54% to 46% margin. Proposition 209 amends Article 1, Section 31(a) of the California Constitution to provide: The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of... 1997
Daniel W. Barkley BEYOND THE BELTWAY 7-Fall Journal of Affordable Housing & Community Development Law 11 (Fall, 1997) In light of the Fair Housing Act's declared purpose to provide . for fair housing throughout the United States, it is not far-fetched to assume that the Act seeks to address not only the quantity but also the quality of housing or, to borrow the terms of one court, not only the availability but also the habitability of housing. However, a... 1997
Daniel Barkley BEYOND THE BELTWAY: FAIR HOUSING AND THE FIRST AMENDMENT 6-SPG Journal of Affordable Housing & Community Development Law 169 (Spring, 1997) After the passage of the Fair Housing Amendments Act, a number of housing providers brought lawsuits against third parties, usually neighbors, who opposed and attempted in some cases to interfere with the provision of housing for members of a particular protected class. Typically, a developer or a state agency attempted to buy or develop property... 1997
Paul Holmes Masters CITY OF EDMONDS v. OXFORD HOUSE: GROUP HOMES IN THE FAMILY'S BACKYARD 11 BYU Journal of Public Law 141 (1997) One of the basic building block[s] of communities throughout the United States are districts set aside by local zoning ordinances for residential use by single families. Single-family zones have been protected by the United States Supreme Court for over sixty-nine years. They effectively discriminate against the handicapped by excluding group... 1997
Scott Casher CIVIL RIGHTS--CLOSING A LOOPHOLE IN THE FAIR HOUSING ACT--CITY OF EDMONDS v. OXFORD HOUSE, INC., 115 S. CT. 1776 (1995). 70 Temple Law Review 369 (Spring 1997) A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in a land-use project addressed to family needs. . . . The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion... 1997
Sally R. Weaver CLIENT CONFIDENCES IN DISPUTES BETWEEN IN-HOUSE ATTORNEYS AND THEIR EMPLOYER-CLIENTS: MUCH ADO ABOUT NOTHING -- OR SOMETHING? 30 U.C. Davis Law Review 483 (Winter 1997) Introduction 485 I. A Historical Analysis. 491 A. The Tort of Retaliatory Discharge. 491 B. Employment-Related Claims by In-House Attorneys Against Their Employer-Clients. 492 C. The Right of In-House Attorneys to Sue for Retaliatory Discharge. 493 1. Common Themes in Cases Denying In-House Attorneys the Right to Sue for Retaliatory Discharge. 494... 1997
Meredith Lee Bryant COMBATING SCHOOL RESEGREGATION THROUGH HOUSING: A NEED FOR A RECONCEPTUALIZATION OF AMERICAN DEMOCRACY AND THE RIGHTS IT PROTECTS 13 Harvard Blackletter Law Journal 127 (Spring, 1997) In June of 1995, the Supreme Court delivered its most recent blow to the fulfillment of racial equality in America. In Missouri v. Jenkins, a case involving school desegregation in Kansas City, the Court denied minority children the right to attend integrated schools. The rationale: the minority children's addresses fell within, rather than... 1997
Peter J. Vodola CONNECTICUT'S AFFORDABLE HOUSING APPEALS PROCEDURE LAW IN PRACTICE 29 Connecticut Law Review 1235 (Spring, 1997) In 1995, the Connecticut Supreme Court upheld a lower court decision allowing a local developer to build up to ninety housing units of affordable housing on forty-eight acres in Danbury. The percentage of housing units in Danbury that meet the Affordable Housing Land Use Appeals Procedure Act's statutory definition of affordable housing is 9.79%.... 1997
Jim Chen EMBRYONIC THOUGHTS ON RACIAL IDENTITY AS NEW PROPERTY 68 University of Colorado Law Review 1123 (Fall 1997) Bakke has come of age. In the nineteen years since Justice Lewis Powell proclaimed that diversity clearly is a constitutionally permissible goal for an institution of higher education, Bakke has become a transformative, even religious experience for champions of race-based educational affirmative action. For Michael A. Olivas, the survival of... 1997
J. Mark Powell FAIR HOUSING IN THE UNITED STATES: A LEGAL RESPONSE TO MUNICIPAL INTRANSIGENCE 1997 University of Illinois Law Review 279 (1997) Despite the passage of the Fair Housing Act in 1968, rising housing costs and enduring racism continue to limit the availability of affordable housing to minority families. Commentators agree that thus far both judicial and legislative approaches to the problem have proven ineffective. Legal challenges to discriminatory government action, whether... 1997
Jason Dzubow FEAR-FREE PUBLIC HOUSING?: AN EVALUATION OF HUD'S "ONE STRIKE AND YOU'RE OUT" HOUSING POLICY 6 Temple Political & Civil Rights Law Review 55 (Fall 1996-Spring 1997) Tommy Lee Hogan had already been named in two warrants for assaulting his ex-girlfriend when he walked into a Krystal Kwik restaurant in Milledgeville, Georgia, on March 29, 1996, and shot her in the head. The eighteen-year-old then turned the gun on himself and committed suicide. Less then two weeks after her son's death, Sherry Hogan received an... 1997
Eugene R. Gaetke , Robert G. Schwemm GOVERNMENT LAWYERS AND THEIR PRIVATE "CLIENTS" UNDER THE FAIR HOUSING ACT 65 George Washington Law Review 329 (March, 1997) In strengthening enforcement of the federal Fair Housing Act, Congress in the 1988 Fair Housing Amendments Act (FHAA) authorized government lawyers from the Justice Department, the Department of Housing and Urban Development, and state and local civil rights agencies to prosecute cases on behalf of persons aggrieved by housing discrimination.... 1997
Christina Victoria Tusan HOMELESS FAMILIES FROM 1980-1996: CASUALTIES OF DECLINING SUPPORT FOR THE WAR ON POVERTY 70 Southern California Law Review 1141 (May, 1997) I. INTRODUCTION. 1142 II. A PORTRAIT OF HOMELESS FAMILIES: DISPELLING THE MYTHS. 1146 A. Mental Illness. 1148 B. Substance Abuse. 1153 C. Marital Status. 1157 D. History of Work and History of Dependence on Welfare. 1162 E. Criminal Activity. 1165 III. FACTORS CONTRIBUTING TO HOMELESSNESS. 1166 A. Declining Income Levels. 1167 B. Decreases in... 1997
James E. Robertson HOUSES OF THE DEAD: WAREHOUSE PRISONS, PARADIGM CHANGE, AND THE SUPREME COURT 34 Houston Law Review 1003 (Winter 1997) C1-3Table of Contents I. Introduction. 1004 II. The Paradigm Shift. 1008 A. From Corporal Punishment to Warehouse Prisons. 1008 B. The New Penal Regime. 1015 1. Public Access. 1015 2. Injury-Type. 1017 3. Culpability. 1020 III. The Contemporary Warehouse Prison. 1022 A. Warehousing Defined. 1022 B. The Origins of Warehousing. 1026 C. Warehousing As... 1997
Cheryl P. Derricotte POVERTY AND PROPERTY IN THE UNITED STATES: A PRIMER ON THE ECONOMIC IMPACT OF HOUSING DISCRIMINATION AND THE IMPORTANCE OF A U.S. RIGHT TO HOUSING 40 Howard Law Journal 689 (Spring 1997) This essay is dedicated to our collective memory of those who thrived, fought, died and in all too few instances survived, (places like) Rosewood, FL. With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and... 1997
Mark Cordes PROPERTY AND THE FIRST AMENDMENT 31 University of Richmond Law Review 1 (January, 1997) The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these... 1997
Marc R. Poirier PROPERTY, ENVIRONMENT, COMMUNITY 12 Journal of Environmental Law & Litigation 43 (1997) Too often I have heard or read set pieces on the topic of property rights and the environment. They seem to come in two flavors. The property rights encomium lauds the institution of private property as the guardian of every other right and the best hope for individual freedom in a world of suspect majoritarian government. The environmental... 1997
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