Property

Idaho Supreme Court Adopts Property 3d Provision

The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f. The following is a summary of that case. In Gestner v. Divine, 519 P.3d 439 (Idaho 2022), the Idaho Supreme Court adopted Restatement...

Court split over California man’s takings clause dispute

This piece was featured by SCOTUSblog.com on January 9, 2024, it was originally published at Howe on the Court. Despite a suggestion by Justice Neil Gorsuch that there was “radical agreement” in a California man’s challenge to the constitutionality of the “traffic...

Sacred Easements

Below is the abstract for “Sacred Easements,” available for download on SSRN. In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native...