Alexandra Fay | October 3, 2023 | American Indian Law, Property
Below is the abstract for “Toward a Tribal Role in Groundwater Management,” available for download on SSRN. This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the...
Kalvis Golde | October 2, 2023 | Property
This piece was originally published by SCOTUSblog.com on September 29, 2023. Federal law bars housing discrimination against a person with a disability. Under the Fair Housing Act, landlords and sellers must provide “reasonable accommodations” to give someone with a...
Michael Allan Wolf | September 21, 2023 | Property
Below is the abstract for “U.S. Supreme Court Decisions, Both Decided May 25, 2023, Protect Private Property Owners from Overreach by Local (Tax Sale) and Federal (Wetlands) Regulators: Tyler v. Hennepin County and Sackett v. EPA,” available for download on SSRN. This...
K-Sue Park | August 14, 2023 | Property
Below is the abstract for “Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power,” available for download on SSRN. This Article tells an untold history of the American title registry—a colonial bureaucratic innovation that,...
John M. Groen | July 13, 2023 | Property
Below is the abstract for “Takings, Original Meaning, and Applying Property Law Principles To Fix Penn Central,” available for download on SSRN. This article contends that the term “property” as used in the Takings Clause is a group of rights, the essential being the...
Amy Howe | June 12, 2023 | Property
This piece was featured by SCOTUSblog.com on May 25, 2023, it was originally published at Howe on the Court. In 2016, a Minnesota county sold 94-year-old Geraldine Tyler’s condo at auction after she failed to pay her property taxes for several years. The sale yielded...