Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the...

Though both the U.S. Constitution and the Michigan Constitution say that property shall not be taken for public use quot;without just compensation,quot; court interpretations of various laws and regulations have undermined that principle. Owners are usually awarded compensation in the courts...

Native American concerns about development activities adversely affecting sacred sites have emerged in recent years as major impediments to mineral and energy development projects. This article examines legislation, regulations, and other legal efforts designed to add protection to these sacred...

During the late 1990s and early 21st century, regulators sought to heighten protection for historic resources. New initiatives had a significant impact on natural resources' exploration, development, and extraction. As a result, litigation of course ensued. This article examines the recent...

The most important aspect of American federalism embodied in the Constitution is the constitutional facilitation of a national free trade zone known as the United States wherein each independent unit is disabled from erecting barriers to trade under what is popularly termed the Interstate...

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of "readiness" is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to...

The Framers of the United States Constitution understood that freedom depends upon the vigorous protection of private property rights and that this protection was therefore the most sacred obligation of government. However, despite Fifth and Fourteenth Amendment guarantees, recent years have...

This chapter reviews the theory of the voluntary public and private redistribution of wealth elaborated by economic analysis in the last forty years or so. The central object of the theory is altruistic gift-giving, construed as benevolent voluntary redistribution of income or wealth. The theory...