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Takings Liability And Coastal Management In Rhode Island, Manta Dircks

Sea Grant Law Fellow Publications

No abstract provided.

Justice Thomas's Kelo Dissent: The Perilous And Political Nature Of Public Purpose, Carol N. Brown

Law Faculty Publications

This Essay submits that the arguments that Justice Thomas constructed in his dissent were appropriately focused on the inherently political nature of the Fifth Amendment's Public Use Clause. Unlike the majority, Justice Thomas recognized that when the Supreme Court broadly interprets the public use restriction of the Fifth Amendment's Takings Clause, and at the same time defers to political actors in this arena, it fundamentally abdicates its constitutional responsibility. By deferring to political actors in this area, the Court in Kelo fundamentally abdicated its responsibility and also adopted a majoritarian doctrinal approach. Further, the Court conflated political ends with constitutional …

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Shreve V. Baltimore: A Municipal Misstep Leads To A City Forever Beautiful, Laura Tallerico

Legal History Publications

This paper explores municipal decision making in condemnation proceedings and whether or not the public use requirement protects individual property owners from poor municipal decision-making. When condemners are allowed to take in fee simple absolute, their decisions have lasting effects on property. The decisions of the Baltimore City government in its creation of a water system illustrate why some may be queasy about this. However, this may actually be desirable because it allows for municipalities, in particular, to both achieve the public purpose necessary at the time of condemnation and to improve in the future rather than go through the …