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University of Virginia School of Law Home

University of Virginia School of Law

Scholarship
Julia Mahoney

Kelo’s Legacy: Eminent Domain and the Future of Property Rights

Julia D. Mahoney
Date
2005
Citation
Julia D. Mahoney, <em>Kelo</em>’s Legacy: Eminent Domain and the Future of Property Rights, 2005 Supreme Court Review 103–133 (2005).
UVA Law Faculty Affiliations
Julia D. Mahoney
Public Policy and Regulation
John W. Glynn Jr. Law & Business Program
Constitutional Law and Legal History
Intellectual Property
Family Law Center
Center for Public Law and Political Economy
More in This Category

DICTA: Tyler v. Hennepin County, MN: History, Tradition, & the Meaning of Property

Julia D. Mahoney
The United States Supreme Court is scheduled to hear oral argument on April 26 in Tyler v. Hennepin County, Minnesota , a major property rights case...
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Cedar Point Nursery and the End of the New Deal Settlement

Julia D. Mahoney
In Cedar Point Nursery v. Hassid, the United States Supreme Court ruled that a California state regulation granting labor organizations a limited...
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Navassa: Property, Sovereignty, and the Law of the Territories

G. Mitu Gulati
Joseph Blocher
The United States acquired its first overseas territory—the island of Navassa, near Haiti—by conceptualizing it as a kind of property to be owned...
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Insurmountable Barriers?

Nelson Camilo Sánchez León
Aaron Acosta
The policy-research project conducted by hub members Aaron Acosta and Camilo Sánchez aimed to shed light on the concerning phenomenon of high...
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¿Barreras insuperables? Un análisis de la etapa administrativa del proceso de restitución de tierras

Nelson Camilo Sánchez León
Aaron Alfredo Acosta
Sostenemos que es necesario revisar las decisiones negativas tomadas por la URT para asegurar que los derechos de las víctimas no han sido vulnerados...
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Commentary on Kelo v. City of New London

Julia D. Mahoney
In Kelo v. City of New London , a narrowly divided United States Supreme Court sustained as constitutional the condemnation of fifteen homes to...
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Environmental Permits: Public Property Rights in Private Lands and the Extraction and Redistribution of Private Wealth

Jason S. Johnston
This Essay explores how private landowners bargain with federal environmental regulatory authorities under two important federal environmental permit...
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What's Wrong About the Elective Share "Right"?

Naomi R. Cahn
This Article examines one form of property rights available to a surviving spouse, the elective share. The elective share serves as an override to a...
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Right On Time: A Reply to Professors Allen, Claeys, Epstein, Gordon, Holbrook, Mossoff, Rose, and Van Houweling
Dotan Oliar
A simple observation started us off in writing Right on Time. Studying and teaching intellectual property law, we noticed striking parallels between...
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Right on Time: First Possession in Property and Intellectual Property

Dotan Oliar
How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws...
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Secured Transactions in Personal Property

Steven D. Walt
William D. Warren
Provides a detailed examination of secured transactions in both the commercial and consumer context. The Tenth Edition treats in detail the provisions...
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The Quiet Costs of Taxation: Cash Taxes and Noncash Bases

Andrew Hayashi
Tax law gives relief to “illiquid” taxpayers, those with income or wealth but no cash. This relief results in revenue losses, creates opportunities...
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National Study of Individual Chapter 11 Bankruptcies

Rich Hynes
Margaret Howard
Anne Lawton
Individuals account for more than a quarter of chapter 11 bankruptcy filings, and this share has grown over time. For individuals, chapter 11 is more...
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Kaplow and Shavell and the Priority of Income Taxation and Transfer

Kevin A. Kordana
David Blankfein-Tabachnick
This Article rejects a central claim of taxation and private law theory, namely, Kaplow and Shavell’s prominent thesis that egalitarian social goals...
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Moore’s Potential

Naomi R. Cahn
June Carbone
This article was written as a contribution to the Fordham Law Review Symposium entitled Moore Kinship. It examines the various Supreme Court opinions...
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Counterproductive Notice in Literalistic versus Peripheral Claiming

John F. Duffy
Providing clear notice of property rights is a worthwhile goal, but legal requirements for notice can also thwart that goal. If the law imposes...
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Determinants of Mortgage Default and Consumer Credit Use: The Effects of Foreclosure Laws and Foreclosure Delays

Andrew Hayashi
Sewin Chan
Andrew Haugwout
...
The mortgage default decision is part of a complex household credit management problem. We examine how factors affecting mortgage default spill over...
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Property Law and the Public Interest: Cases and Materials

David L. Callies
Daniel R. Mandelker
This casebook surveys the law of both personal and real property from the perspective of public and private rights and restrictions on things and land...
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