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Full-Text Articles in Law
Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett
Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett
Journal Articles
This short essay reviews the regulatory takings legacy of Justice Antonin Scalia, evaluating both its impact on the Supreme Court's takings canon and its consistency with his stated jurisprudential principles.
"No Taking Without A Touching?" Questions From An Armchair Originalist, Nicole Stelle Garnett
"No Taking Without A Touching?" Questions From An Armchair Originalist, Nicole Stelle Garnett
Journal Articles
This paper is an invited contribution to the Bernard Siegan Memorial Conference on Economic Liberties, Property Rights, and the Original Meaning of the Constitution at the University of San Diego School of Law. The paper poses three questions about the historical evidence used to support the dominant academic view that the Fifth Amendment's Takings Clause, as originally understood, extended only to physical appropriations or invasions of private property. First, the paper questions the relevance of state and local regulatory practices to the pre-incorporation understanding of the Takings Clause. Second, the paper expresses concern about the use of state-court cases decided …