Search

INTRODUCTION Unless their children are angels, parents are familiar with the indignant cries of "she took my toy!"; "he broke it!"; or "she's touching my toys!" These children must learn [...]

INTRODUCTION I. THE DOCTRINE OF DEDICATION A. DEDICATION DEFINED 1. Express Dedication 2. Implied Dedication 3. Acceptance B. DISTINGUISHING DEDICATION FROM PRESCRIPTION C. THE INTENT OF THE LANDOWNER 1. The [...], Public dedication is one method by which cities, towns, and municipalities acquire new roads and highways. The common law doctrine of dedication has developed to balance the property rights of landowners and the public. When property is dedicated to the public, the landowner generally retains title to the land while the public acquires an easement. Dedications can be made expressly through official grants or by inclusion in a plat. They can also be implied through a landowner's overt words or actions, use by the public, or maintenance at the public's expense. The key factor in determining whether a dedication has occurred is the intention of the landowner--the animus dedicandi. However, for implied dedications, "intent" may be determined not only by the subjective intent of the landowner, but by whether it was reasonable for the public to believe that the landowner had intended to dedicate the road to public use. In the 2022 case McNaughton v. Chartier, the Supreme Court of Iowa examined a publicly constructed access road built partially atop a landowner's driveway at the behest of the landowner. Despite the expenditure of public funds on and public use of the road, the McNaughton majority held that no dedication had occurred. This Note argues that McNaughton reinterpreted Iowa's dedication caselaw in such a way that it no longer aligns with the purpose and logic of the doctrine. This Note also suggests that the Iowa state legislature follow the lead of other states and enact statutory dedication rules. Two statutory provisions could mitigate the effects of McNaughton and provide increased predictability when courts consider cases involving dedication: setting a standard for whether public maintenance results in dedication and establishing guidelines on how landowners can avoid inadvertently dedicating their property.

INTRODUCTION Sonia Eaddy bought her home in 1992. (1) Built around 1900, it "has been in her family for decades" and is one of the stoop-clad rowhouses of Baltimore's Poppleton [...], Under current takings doctrine, governments can identify entire neighborhoods as "blighted," condemn the private property within, and transfer it to another private owner who will use the land in a more economically advantageous way. This causes injustice by incentivizing governments and developers to target poor and vulnerable neighborhoods. And by letting governments and developers evade market forces, buy land at a bargain, and afford to take on more projects than they can manage effectively, it causes inefficiency. Economic development takings, when not abused, can help revitalize downtrodden neighborhoods, so an outright ban is not the answer. Neither is relying on state legislation to address the problem: since property cannot move, federalism's exit option does not help someone whose home has been condemned. Federal legislation that encourages revitalization, while discouraging abuse, would strike the right balance. Accordingly, this Note proposes a federal conditional spending bill that disincentivizes economic development takings while incentivizing and equipping local government actors to address community-revitalization needs.

INTRODUCTION It's common parlance in these pandemic times: "I just got a covid shot, and my arm is a little sore!" Indeed, the Centers for Disease Control ("CDC") lists mild [...]

INTRODUCTION Two of the primary goals of medical malpractice litigation are to promote patient safety and deter misconduct by medical professionals. These two goals are of paramount importance as patients [...]

Introduction This article is a contribution to a symposium marking the fiftieth anniversary of the National Commission on State Workmen's Compensation Laws (National Commission). My perspective on the successes and [...]

TABLE OF CONTENTS I. INTRODUCTION 1150 II. CRUCIAL FOR PRIVACY REDRESS AND CONSISTENTLY FALLING SHORT 1152 A. The Importance of Class Actions for People's Privacy 1152 B. Why Privacy Class [...], Privacy class actions are undertheorized. Courts are increasingly called upon to adjudicate them when they arise from corporate business practices and data security events. But, even when they overcome problems of standing and compensation, courts lack frameworks for constituting and certifying a class in view of shared intangible losses and harms. Consequently, despite the importance of class actions for access to justice and corporate compliance, their success in these two aims is hindered. This Essay provides a tool for identifying which losses and harms to people's privacy can and should be grouped in a class. It proposes using opacity loss, which is inversely related to the probabilistic knowledge gained by a third party, for assessing class commonality. It aims to provide courts with a framework for assessing these claims following data practices that better achieves the aims of civil procedure and privacy law.

I. INTRODUCTION Throughout its history, the Securities and Exchange Commission ("SEC") has prided itself in being an investor advocate. Its organic acts direct the agency to protect investors by adopting [...], Twenty years ago, the Sarbanes-Oxley Act enacted the Fair Funds provision, a novel authority that has led the SEC to become an important source of investor compensation. This article contends that securities enforcement and compensation are codependent. Not surprisingly, strengthening enforcement can lead to greater success in returning funds to defrauded investors. But the obverse is true as well: efforts to return funds to defrauded investors have strengthened the SEC's enforcement power by building political support for its mission.

The incoming Trump administration will have the final say over whether a sweeping DOT proposal for airlines to compensate flyers when flights are canceled or have long delays will become [...]

State immunity from jurisdiction--grave violations of human rights--peremptory norms--compensation proceedings--Brazilian Supreme Court KARLA CHRISTINA AZEREDO VENANCIO DA COSTA AND OTHERS V. FEDERAL REPUBLIC OF GERMANY. Judgment ARE 954858/RJ. At https://redir.stf.jus.br/paginadorpub/paginador.jsp?docTP=TP&docID=757448754. [...]

The new UN loss and damage fund aims to compensate developing nations for climate impacts. Will it live up to its promise? IN 1975, New Zealand set up a tribunal [...]