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Full-Text Articles in Public Law and Legal Theory

Digging Into Democracy: Reflections On Ced And Social Change Lawyering After #Ows, Barbara Bezdek Feb 2018

Digging Into Democracy: Reflections On Ced And Social Change Lawyering After #Ows, Barbara Bezdek

Maryland Law Review Online

No abstract provided.


Disclaiming Property, Michael Pappas Jan 2018

Disclaiming Property, Michael Pappas

Faculty Scholarship

Can Congress pick and choose when it must follow the Constitution? One would expect not, and yet the Supreme Court has allowed it to do so. In multiple statutory programs, Congress has disclaimed constitutional property protections for valuable interests that otherwise serve as property. The result is billions of dollars’ worth of “disclaimed property” that can be bought, sold, mortgaged, or leased, but that can also be revoked at any moment without due process or just compensation.

Disclaimed property already represents a great source of value, and property disclaimers are at the core of major recent policies ranging from natural ...