Partial takings allow the government to expropriate the parts of an asset it needs, leaving the owner the remainder. Both vital and common, partial takings present unique challenges to the standard rules of eminent domain. Partial takings may result in the creation of suboptimal, and even unusable, parcels. Additionally, partial takings create assessment problems that do not arise when parcels are taken as a whole. Finally, partial takings engender...
Vol. 117
This Essay seeks to reframe a longstanding debate by propounding a novel theory of judicial candor. Previous commentators on judicial candor have failed to draw a crucial distinction between obligations of candor, breaches of which constitute highly culpable failures, and ideals of candor that even the best judges fail to satisfy fully. This Essay argues for a theory of judicial candor that defines both minimal obligations and aspirational ideals...
This Note analyzes the difficulty that courts have in determining whether nonmarital fathers of Native American children are “parents” within the meaning of the Indian Child Welfare Act of 1978 (ICWA). Part I recounts the history leading to the enactment of ICWA and provides an overview of the subsequent interpretation of ICWA by the Supreme Court, state courts, and the Bureau of Indian Affairs (BIA). Part II presents the difficulties that...
Section 3(c) of the Voting Rights Act of 1965 provides a seldom-used path to federal preclearance of changes to state and local voting practices. It allows a federal judge, upon finding that a jurisdiction violated the Fourteenth or Fifteenth Amendment, to require that jurisdiction to submit for preapproval any “voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting.” Originally intended...