Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation. The treaty, known by the Navajo people...
Luis Inaraja Vera | March 20, 2023 | Property
Below is the abstract for “Takings Property and Appropriative Water Rights,” available for download on SSRN. The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just...
Sara C. Bronin | March 8, 2023 | Property
Below is the abstract for “Research Directions for Historic Preservation Law,” available for download on SSRN. Preservation laws govern an ever-increasing range of public and private activities affecting historic properties. Enacted at the federal, tribal, state, and...
Jessica A. Shoemaker | March 6, 2023 | Property
Below is the abstract for “Papering Over Place: When Land Becomes Asset Class,” available for download on SSRN. This forthcoming piece of legal scholarship analyzes the specific ways in which modern property rules are transforming land into an asset class to be...
Angela R. Riley | March 1, 2023 | American Indian Law, Property
Below is the abstract for “The Ascension of Indigenous Cultural Property Law,” available through the Michigan Law Review or for download on SSRN. Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that...
Jeffrey B. Litwak and Edward J. Sullivan | February 22, 2023 | Property
Below is the abstract for “Oregon Land Use Law: Cases and Materials,” available for download on SSRN. Land use law is a staple in most law schools and in undergraduate and graduate planning programs throughout the United States. Occasionally, students may take a...
