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Full-Text Articles in Law
State Courts Unbound, Frederic M. Bloom
State Courts Unbound, Frederic M. Bloom
Publications
We may not think that state courts disobey binding Supreme Court precedent, but occasionally state courts do. In a number of important cases, state courts have actively defied apposite Supreme Court doctrine, and often it is the Court itself that has invited them to.
This Article shows state courts doing the unthinkable: flouting Supreme Court precedent, sometimes at the Court's own behest. The idea of state court defiance may surprise us. It is not in every case, after all, that state courts affirmatively disobey. But rare events still have their lessons, and we should ask how and why they emerge. …
Unconstitutional Courses, Frederic M. Bloom
Unconstitutional Courses, Frederic M. Bloom
Publications
By now, we almost expect Congress to fail. Nearly every time the federal courts announce a controversial decision, Congress issues a call to rein in "runaway" federal judges. And nearly every time Congress makes a "jurisdiction-stripping" threat, it comes to nothing.
But if Congress's threats possess little fire, we have still been distracted by their smoke. This Article argues that Congress's noisy calls have obscured another potent threat to the "judicial Power": the Supreme Court itself. On occasion, this Article asserts, the Court reshapes and abuses the "judicial Power"--not through bold pronouncements or obvious doctrinal revisions, but through something more …
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
11 pages.
Contains 3 pages of references.
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains footnotes.
Mining Regulation And Takings, Mark Squillace
Mining Regulation And Takings, Mark Squillace
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains footnotes.
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Mining Regulation(S) And Takings, Lawrence G. Mcbride
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
12 pages.
Contains footnotes.
Mining Regulation And Takings, L. Thomas Galloway
Mining Regulation And Takings, L. Thomas Galloway
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
The Endangered Species Act And Constitutional Takings, Robert Meltz
The Endangered Species Act And Constitutional Takings, Robert Meltz
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
18 pages.
Contains references.
City Of Tigard And Takings Law, Richard D. Lazarus
City Of Tigard And Takings Law, Richard D. Lazarus
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
10 pages.
Contains 1 page of references.
Takings And Retroactivity, Jan G. Laitos
Takings And Retroactivity, Jan G. Laitos
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
25 pages.
Contains references.
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
15 pages.
Contains 3 pages of references.
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht
Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)
52 pages.
Contains footnotes.
Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton
Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
42 pages (includes illustrations and maps).