Property Law

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Volume 91.7
Guns and the Right to Exclude: Saving Guns-at-Work Laws from Cedar Point's Per Se Takings Rule
Tom Malaga Kadie
B.A. 2019, University of California, Berkeley; J.D. Candidate 2025, The University of Chicago Law School.

I would like to thank Professor Lior Strahilevitz and the editors and staff of the University of Chicago Law Review for their thoughtful advice and insight.

This Comment uses the case study of guns-at-work laws to understand Cedar Point v. Hassid’s per se takings rule as well as its exceptions. Enacted by about half of the States, guns-at-work laws protect the right of a business’s employees, customers, and invitees to store firearms in private vehicles even if those private vehicles are on company property (i.e. parking lots/parking structures). While these laws have long survived Takings Clause challenges, Cedar Point revived the viability of such challenges. Using the example of guns-at-work laws, the Comment seeks both to understand the scope of Cedar Point’s per se takings rule and to clarify and develop the open-to-the-public and long-standing restrictions on property rights exceptions to it.

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Comment
87.8
“What Shall I Give My Children?”: Installment Land Contracts, Homeownership, and the Unexamined Costs of the American Dream
Caelin Moriarity Miltko
BA 2017, University of Notre Dame; JD Candidate 2021, The University of Chicago Law School.

I’d like to thank Professor Lior Strahilevitz for his insightful comments on an earlier draft, without which this Comment would not exist in this form at all. I’m also grateful to all the editors of The University of Chicago Law Review for their assistance in editing and refining this piece and to all my friends who listened to me talk about installment land contracts for months as I wrote and rewrote (and rewrote) this Comment.

A white picket fence. A house in the suburbs. 2.5 kids. There may be nothing more central to the modern conception of the American Dream than homeownership.

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86.1
Taking Data
Michael C. Pollack
Assistant Professor of Law, Benjamin N. Cardozo School of Law.

I am grateful to Miriam Baer, William Baude, Maureen Brady, Christopher Buccafusco, David Carlson, Nestor Davidson, Myriam Gilles, Ben Grunwald, Daniel Hemel, Michael Herz, Orin Kerr, Timothy Mulvaney, Luke Norris, John Rappaport, Shelley Ross Saxer, Ric Simmons, Edward Stein, James Stern, Stewart Sterk, Lior Strahilevitz, Matthew Tokson, Felix Wu, Stephen Yelderman, and participants in the AALS New Voices in Property Law Workshop, Cardozo Junior Faculty Workshop, Law and Society Annual Meeting, Mid-Atlantic Junior Faculty Forum at the University of Richmond Law School, and Southeastern Association of Law Schools New Scholars Workshop for their guidance, suggestions, comments, and critiques. I thank the Stephen B. Siegel Program in Real Estate Law for research support.

On February 16, 2016, a federal court ordered Apple to “assist law enforcement agents in enabling the search” of an iPhone that had been lawfully seized during the investigation into a mass shooting in San Bernardino, California.

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