In Penn Central Transportation Co. v. City of New York the Supreme Court stated that the existence of a regulatory taking would be determined through “essentially ad hoc, factual inquiries,” and that one of three factors of “particular significance” was the economic impact of the...

The technology behind ridesharing enterprises is evolving at lightning pace, and because of that, the legal issues which arise when trying to fit these sharing enterprises into existing regulatory regimes can result in decisions that draw competing philosophies into focus. Police power hawks...

This paper, prepared for a Lincoln Institute conference on "Evolution of Property Rights Related to Land and Natural Resources," and the forthcoming book Property in Land and Other Resources (D.H. Cole and E.Ostrom, eds, forthcoming 2011, Lincoln Institute), argues that, contrary to both the...

The English law of mortgage is remarkable. Its complexity rivals that of Euler's equation and could, in the same manner, be described as ‘beautiful'. Its stubborn retention of archaic terms and concepts operates in sharp contrast to the ever changing world of finance which it inhabits. Most...

In 2011, the Environmental Protection Agency and Army Corps of Engineers introduced a draft version of a guidance document that purported to clarify the jurisdiction of the Clean Water Act in accordance with recent Supreme Court Cases. Shortly thereafter, it became clear that the Draft Guidance...

This chapter considers the landmark family property decisions of the House of Lords in Pettitt v. Pettitt [1970] AC 777 and Gissing v. Gissing [1971] AC 886 through the prism of imputed common intention, an idea advanced by Lord Diplock in Pettitt and (on one view) implemented in a different...

This paper addresses recent changes in European succession law brought about by the European Commission's "Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession." One of the most important issues that this Regulation addresses is the...

The United States has long been a country of prohibitions, with the most memorable prohibition in American history being the ban on alcohol sales in 1920, which lasted until the ratification of the 21st Amendment to the U.S. Constitution. While the federal ban on alcohol has long since been...

The opinion of the Supreme Court of the United States in United States v. Windsor is express in its affirmation of the right of states to regulate family law; it affirms state power at least twenty-nine times. In repudiating the federal definition of marriage, Windsor seems to uphold state...

This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. DFS is an ideal context to study this issue for three reasons. First, DraftKings and FanDuel were able to categorize themselves differently to different...