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Full-Text Articles in Law
Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler
Warranted Exclusion: A Case For A Fourth Amendment Built On The Right To Exclude, Mailyn Fidler
SMU Law Review
Searches intrude; fundamentally, they infringe on a right to exclude. So that right should form the basis of Fourth Amendment protections. Current Fourth Amendment doctrine—the reasonable expectation of privacy test—struggles with conceptual clarity and predictability. The Supreme Court’s recent decision to overturn Roe v. Wade casts further doubt on the reception of other privacy-based approaches with this Court. But the replacement approach that several Justices on the Court favor, what I call the “maximalist” property approach, risks troublingly narrow results. This Article provides a new alternative: Fourth Amendment protection should be anchored in a flexible concept derived from property law—what …
Energy And Eminent Domain, James W. Coleman, Alexandra B. Klass
Energy And Eminent Domain, James W. Coleman, Alexandra B. Klass
Faculty Journal Articles and Book Chapters
This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme Court’s controversial decision in Kelo v. City of New London in 2005 but are now under increased scrutiny. This Article evaluates why U.S. energy transport projects have become so controversial and suggests how states and the federal government should evaluate the need for eminent domain for these projects and enact appropriate reforms. We first detail the significant changes …