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This essay, written on the occasion of the 40th anniversary of the Fordham Urban Law Journal, discusses the urban settings for key regulatory takings decisions of the U.S. Supreme Court, reviews the state of expert commentary before the rebirth of regulatory takings in the high court, explores...
Persistent link: https://www.econbiz.de/10013034728
This Special Alert for Powell on Real Property looks at governmental measures, enacted on an emergency basis, regarding real property during the COVID-19 pandemic — especially moratoria on residential evictions and foreclosures. The Alert uses examples of COVID-19 emergency measures by state...
Persistent link: https://www.econbiz.de/10012831701
The new normal of environmental law will likely feature reduced enforcement of existing federal environmental statutes, elimination of federal regulations deemed anti-business, slashed funding for climate change response programs, and state preemption of local sustainability initiatives....
Persistent link: https://www.econbiz.de/10014111936
It was inevitable that residential landlords would challenge the foreclosure moratoria featured in state and federal COVID-19 emergency orders, regulations, and legislation. At the same time, commercial landlords and tenants are wrestling in court over the question of whether the pandemic and...
Persistent link: https://www.econbiz.de/10014346843
"Humbled" and "honored" are the two words that come to mind when describing my reaction to the responses of Professors Daniel Mandelker and Patty Salkin to my recent article, Zoning Reformed (70 U. Kan. L. Rev. 171 (2021)). Like so many active in the field of land use law, I have long admired...
Persistent link: https://www.econbiz.de/10014347061
In the summer of 2021, the Supreme Court released opinions in three Takings Clause cases. The Justices did not focus primarily on the dozen words that compose that Clause. Instead, the Court considered the expansive judicial gloss on those words, the extratextual aspects established by takings...
Persistent link: https://www.econbiz.de/10014347684