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Full-Text Articles in Law
The Takings Keepings Clause: An Analysis Of Framing Effects From Labelling Constitutional Rights, Donald J. Kochan
The Takings Keepings Clause: An Analysis Of Framing Effects From Labelling Constitutional Rights, Donald J. Kochan
Florida State University Law Review
Did you know that the "Takings Clause" was not called the "Takings Clause" by any court before 1955? That was the first time that any court of any jurisdiction referred to the provisions regarding takings of private property in either the federal or state constitutions under the label "Takings Clause." Did you know that justices of the U.S. Supreme Court did not use the moniker "Takings Clause" in any opinion before 1978? Given this history, the phrase "Takings Clause," whether an apt descriptor or not, certainly cannot be justified as the dominant way to refer to these provisions by contemporaneous …
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Memo To Environmentalists: Brace For The Three Ps, Erin Ryan
Scholarly Publications
This very short essay, written as a memo to environmental advocates during a destabilizing moment in environmental law, advises them to (1) resist federal preemption of state regulation, (2) scrutinize the strategic deployment of property rights to block future regulation, and (3) think creatively about how to accomplish the goals of national-level policy without the benefit of federal authority. In short, it advises that advocates ensure that the campaign to dismantle federal environmental law does not spill over into displacing state and local efforts to fill the void. They also must push back against the strategic deployment of property rights …