Korematsu v. United States

How Plaintiffs Can Win More Takings Cases: A Proposal for California

I’ve never been particularly sympathetic to regulatory takings claims; like many on the left of center, I’m wary of expanding a constitutional doctrine with the potential to severely injure good land-use planning and reconstitute Lochnerism.  That said, it’s hard to look at the reports of many takings cases without getting a strong sense that a lot …