All Articles tagged property rights

• General
  November 20, 2022 EDT
  AMERICAN SQUATTER
  Marc L. Roark

  Different approach to the squatter’s narratives from Peñalver and Katyal and Dobbz—squatters reveal the essence of how property law articulates values embedded in social and legal treatment of land relationships.

• General
  November 19, 2022 EDT
  DERIVING MEANING THROUGH TREATY INTERPRETATION OR IS IT TIME FOR NEW INNOVATIVE SPACE GOVERNANCE INSTRUMENTS FOR SPACE RESOURCES?
  Timiebi Aganaba

  This article proposes that space law and governance must be looked at from a systems perspective.

• General
  February 28, 2019 EDT
  BREAKING INTO AN EMPTY HOUSE: A THEORY OF REMEDIES FOR CFAA UNAUTHORIZED ACCESS TO NON-PROPRIETARY INFORMATION
  Omri Rachum-TwaigOhad Somech

  This article reviews the doctrinal development of both the CFAA’s unauthorized access doctrine and the parallel trespass to chattels doctrine, as well as the underlying theoretical justifications for such doctrines.

• General
  January 01, 2011 EDT
  PROPERTY AS CAPTURE AND CARE
  Keith H. Hirokawa

  This article explores the idea that property is essentially a process of negotiation between two often competing, but ultimately complementary, aims: capture and care.

• General
  January 01, 2006 EDT
  TAKING PRIVATE PROPERTY TO BUILD AN URBAN SPORTS ARENA: A VALID EXERCISE OF EMINENT DOMAIN POWERS?
  Giovanna D'Orazio

  This article discusses the eminent domain issues arising from the proposal to use the eminent domain power for a sports arena, with a focus on the law in New York.

• General
  January 01, 2006 EDT
  AT LAST, SOME CLARITY: THE POTENTIAL LONG-TERM IMPACT OF LINGLE V. CHEVRON AND THE SEPARATION OF TAKINGS AND SUBSTANTIVE DUE PROCESS
  D. Benjamin Barros

  This essay argues that a closer look at Lingle v. Chevron reveals that it has tremendous potential to clarify the takings doctrine.

• General
  January 01, 2006 EDT
  FREE EXERCISE OF SPEECH IN SHOPPING MALLS: BASES THAT SUPPORT AN INDEPENDENT INTERPRETATION OF ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS
  Matthew S. Fuchs

  This Article examines a series of foundations for independent state interpretation of the right to free speech.

• General
  January 01, 2006 EDT
  WRINGING RIGHTS OUT OF THE MOUNTAINS: COLORADO’S CENTENNIAL CONSTITUTION AND THE AMBIVALENT PROMISE OF HUMAN RIGHTS AND SOCIAL EQUALITY
  Tom I. Romero II

  This essay discusses the historical development of the Colorado Constitution.