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Louisiana State University Law Center

Journal Articles

Due process of law

Articles 1 - 3 of 3

Full-Text Articles in Law

Combining Constitutional Clauses, Michael Coenen Apr 2016

Combining Constitutional Clauses, Michael Coenen

Journal Articles

No abstract provided.


The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards Jan 1989

The Jurisprudence Of Prevention: The Right Of Societal Self-Defense Against Dangerous Individuals, Edward P. Richards

Journal Articles

No abstract provided.


Presumptive And Per Se Takings: A Decisional Model For The Taking Issue, John Costonis Jan 1983

Presumptive And Per Se Takings: A Decisional Model For The Taking Issue, John Costonis

Journal Articles

Professor Costonis presents a decisional model for the judicial management of compensation practice under the takings clause that comprehends both physical and regulatory incursions. The model contains four elements: a commitment to presumptions rather than per se rules to determine whether property has been taken; a due process-takings phase, in which conflicts between welfare and indemnification concerns are mediated through application of the just share principle; a pure takings phase, in which a measure's fairness in operation is assessed; and a sliding scale to key government's burden of proof in justifying a particular measure in light of the values implicated …