Russell C. Bogue | March 29, 2024 | Property
Below is the abstract for “Taking Back the Takings Clause: Tyler v. Hennepin County and State Power over Property,” available for download on SSRN. The Taking Clause requires “just compensation” for the “taking” of any “private property.” But the Constitution does not...
Seo Ho Lee | March 25, 2024 | Property
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...
Madison Bessho | January 26, 2024 | Conflict of Laws, Copyright, Inside The ALI, Property, Torts: Miscellaneous Provisions, Torts: Remedies
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed below.* Conflict of Laws The Council approved Council Draft No. 9, containing the...
Amy Howe | January 17, 2024 | Property
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...
Andrea Kang Wooster | December 14, 2023 | Property, Torts: Economic Harm
State courts across the country continue to be guided by the work of The American Law Institute. During the 2022-2023 fiscal year, the highest courts of seven different states—Arizona, Delaware, Idaho, Montana, South Carolina, West Virginia, and Vermont—adopted one or...
Patrick E. Reidy | November 8, 2023 | American Indian Law, Property
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...
