Chronology

Local Property Law: Adjusting the Scale of Property Protection, 107 Colum. L. Rev. 883 (2007)
This Article proposes that local governments should be able to decide for themselves how to...
 

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Big Differences for Small Governments: Local Governments and the Takings Clause, 81 N.Y.U. L. Rev. 1624 (2006)
This Article argues that the Fifth Amendment's Takings Clause should apply differently to local governments...
 

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The Meaning of Value: Assessing Just Compensation for Regulatory Takings, 99 Nw. U. L. Rev. 677 (2005)
Despite all the attention focused on the Takings Clause in recent years, the remedy for...
 

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Public Ruses [Symposium: The Death of Poletown: The Future of Eminent Domain and Urban Development After County of Wayne v. Hathcock] (reprinted in 37 Land Use & Env’t L. Rev. 49 (2006)) (with James E. Krier), 2004 Mich. St. L. Rev. 859 (2004)
The Fifth Amendment's public use requirement - a dead letter for decades - has recently...
 

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Revaluing Restitution: From the Talmud to Postsocialism (with M. Heller), 97 Mich. L. Rev. 1385 (1999)
Whatever happened to the study of restitution? Once a core private law subject along with...
 

Land Use Planning

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De-Fanging RLUIPA: Religion and the Politics of Eminent Domain (with Nelson Tebbe), ExpressO (2009)
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious...
 

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Existing Uses and the Limits of Land Use Regulation, ExpressO (2009)
This Article identifies the various ways in which property law provides special protection for existing...
 

Property-Personal and Real

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Existing Uses and the Limits of Land Use Regulation, ExpressO (2009)
This Article identifies the various ways in which property law provides special protection for existing...
 

Religion

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De-Fanging RLUIPA: Religion and the Politics of Eminent Domain (with Nelson Tebbe), ExpressO (2009)
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious...
 

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Condemning Religion: The Political Economy of RLUIPA (forthcoming) (with Nelson Tebbe), Brooklyn Law School, Legal Studies Paper No. 127 (2009)