Tyler v. Hennepin County
Vol. 137 No. 1
In Pennsylvania Coal Co. v. Mahon, Justice Holmes observed that “while property may be regulated to a certain extent, if a regulation goes too...
Property
Lanier v. President & Fellows of Harvard College
Supreme Judicial Court of Massachusetts Holds Descendant Lacks Property Rights in Images of Enslaved Ancestors.
Vol. 136 No. 8
Before Mine!: Indigenous Property Rights for Jagenagenon
Vol. 136 No. 8
Introduction Many of our most basic rights and fundamental freedoms — securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our...
Nekrilov v. City of Jersey City
Third Circuit Rejects Investors' Takings Clause Challenge Based on Municipal Officials' Public Statements About a Regulatory Regime.
Vol. 136 No. 3
Necessity Takings in the Era of Climate Change
Vol. 136 No. 3
The American West has been in the midst of a megadrought for the last two decades — the worst it has experienced in at least 1200...
Price and Sovereignty
Vol. 135 No. 2
[W]e must not overlook the actual fact that dominion over things is also imperium over our fellow human beings. — Professor Morris R. Cohen,...
Antidemocracy
Vol. 135 No. 1
Democracy can take root anywhere, from community gardens to the most toxic workplace environments. It’s planted whenever people treat one another as political equals,...
Monopolizing Whiteness
Vol. 134 No. 7
In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income,...
Private Property Managers, Unchecked: The Failures of Federal Compliance Oversight in Project-Based Section 8 Housing
Vol. 134 No. 5
Federally subsidized housing should be the foundation upon which much of our social safety net is built. It is supposed to be a core...
Turning Neighbors Into Nuisances
Vol. 134 No. 5
A reckoning for single-family zoning is underway. From Minnesota to California, cities and states are looking for ways to compel the densification of neighborhoods...