Property

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...