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Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody
Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody
Northern Illinois University Law Review
This Comment explores the modern development of the "regulatory takings" doctrine, and the analytical confusion which has resulted from the United States Supreme Court's current fifth amendment taking clause analysis. This Comment concludes that the analytical framework within which all the relevant inquiries can best be incorporated mandates the development of a modified substantive due process police power analysis for regulatory takings cases.
San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff
San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff
Northern Illinois University Law Review
This note analyzes the dissenting view of the Court that the mere imposition of a zoning regulation can affect a permanent or temporary taking of property for which compensation must be paid under the fifth and fourteenth amendments.