regulatory takings
The Death of the Facial Takings Claim
Last week, I reported a couple of recent appellate court opinions that grapple with the question of a “facial” takings claims — neither of them, in my view, very satisfactorily. The problem, as I see it, is this: a regulatory takings claim turns on the impact of a government regulation on the plaintiff. But since …
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CONTINUE READINGJustice Brennan was not an Irishman
If you have access to The New Republic’s premium content online, or have a chance to buy the dead-tree version this week, make sure to do so. Justin Driver has written an outstanding essay on Justice William Brennan. It’s styled as a (positive) review of Seth Stern and Stephen Wermiel’s new full-length biography of Brennan (pictured …
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CONTINUE READINGUCLA Law will host local government land use symposium on February 11
UCLA Law’s Evan Frankel Environmental Law and Policy Program is hosting a symposium about local government land use law on February 11, 2011. This event, Local Agencies on the Cutting Edge – Emerging Challenges to Local Land Use Authority: Proposition 26, the Public Trust Doctrine, RLUIPA, and Takings Law, will focus on issues of practical …
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CONTINUE READINGProperty Rights, Coastal Protection and the Roberts Court
Today the U.S. Supreme Court hears oral arguments in the most consequential environmental case of the current Term: Stop the Beach Renourishment v. Florida Department of Environmental Protection, No. 08-1151. This case bears close watching, for several reasons. First, the litigation represents the Roberts Court’s first foray into the longstanding legal and policy debate pitting …
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