Beneath the Property Taxes Financing Education
In: Columbia Law Review, Band 123, Heft 5
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In: Columbia Law Review, Band 123, Heft 5
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In: Northwestern University Law Review, Band 117, Heft 1
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In: Southern California Law Review, Band 94, Heft 1, S. 1-34
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The non-enforcement of existing property laws is not logically separable from the issue of unfair and unjust state deprivations of property rights at which the Constitution's Takings Clause takes aim. This Article suggests, therefore, that takings law should police allocations resulting from non-enforcement decisions on the same "fairness and justice" grounds that it polices allocations resulting from decisions to enact and enforce new regulations. Rejecting the extant majority position that state decisions not to enforce existing property laws are categorically immune from takings liability is not to advocate that persons impacted by such decisions should be automatically or even regularly entitled to the Takings Clause's constitutional remedy. Rather, it simply suggests that courts should resist the temptation to formulaically and categorically prohibit non-enforcement takings claims in favor of assessing those claims on the merits.
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In: Boston College Law Review, Band 59, S. 145-215
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In: Harvard Environmental Law Review, 2016
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In: in CLIMATE CHANGE IMPACTS ON OCEAN AND COASTAL LAW: U.S. AND INTERNATIONAL PERSPECTIVES (Oxford University Press) (2014 Forthcoming)
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In: George Mason Law Review, Band 20, Heft 3, S. 837
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In: Journal of Land Use & Environmental Law, Band 26, Heft 2
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In: Texas A&M University School of Law Legal Studies Research Paper No. 17-39
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