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Developments In State Constitutional Law: Due Process, Jill E. Family
Developments In State Constitutional Law: Due Process, Jill E. Family
Jill E. Family
No abstract provided.
The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan
The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan
Susan Raeker-Jordan
No abstract provided.
Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Decisions, John L. Gedid
John L. Gedid
No abstract provided.
"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan
"Public Use" And The Independent Judiciary: Condemnation In An Interest-Group Perspective, Donald J. Kochan
Donald J. Kochan
This Article reexamines the doctrine of public use under the Takings Clause and its ability to impede takings for private use through an application of public choice theory. It argues that the judicial validation of interest-group capture of the condemnation power through a relaxed public use standard in Takings Clause review can be explained by interest group politics and public choice theory and by institutional tendencies inherent in the independent judiciary. Legislators can sell the eminent domain power to special interests for almost any use, promising durability in the deal given the low probability that the judiciary will invalidate it …