The Institute in the Courts: South Carolina Adopts Section of Property 3d
Recently, in Clarke v. Fine Housing, Inc., 2023 WL 29046 (S.C. Jan. 4, 2023), the Supreme Court of South Carolina adopted the approach set forth in Restatement of the Law Third, Property (Servitudes) § 3.4 in determining whether a right of first refusal was an unreasonable restraint on alienation.
Symposium on ‘Concluding the Restatement (Third) of Torts’
On March 24, the Southwestern Law Review and Southwestern’s Panish Civil Justice Program are co-sponsoring a symposium with The American Law Institute titled Concluding the Restatement (Third) of Torts.
Justices appear divided over Navajo Nation’s water rights
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.
Takings Property and Appropriative Water Rights
Courts and commentators have yet to define the types of rights that are entitled to constitutional protection with sufficient precision to avoid an inconsistent and inefficient application of the Takings Clause. The Article assesses how certain frameworks perform with a property interest as elusive as appropriative water rights and provides broader lessons about both takings property and water law.
Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians
This article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments.
Research Directions for Historic Preservation Law
This chapter analyzes the status and promise of research about preservation laws, with the aim of inspiring additional inquiry.