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Full-Text Articles in Law
Judicial Activism And Restraint In The Supreme Court's Environmental Law Decisions, Robert L. Glicksman, Richard E. Levy
Judicial Activism And Restraint In The Supreme Court's Environmental Law Decisions, Robert L. Glicksman, Richard E. Levy
GW Law Faculty Publications & Other Works
The proper role of the courts in our system of government has long been the source of considerable controversy. The environmental law decisions of the United States Supreme Court illustrate the opportunities for, and implications of, the exercise of judicial activism and restraint in the regulatory context. Beginning in the late 1960s, Congress enacted a series of statutes intended, sometimes at the expense of economic efficiency, to prevent environmental degradation and to force improvements in pollution control technology. Perceiving administrative reluctance to implement these laws, the Supreme Court in the 1960s and early 1970s exercised its power broadly to ensure …
To The Promised Land: A Century Of Wandering And A Final Homeland For The Due Process And Taking Clauses, Michael L. Davis, Michael Davis
To The Promised Land: A Century Of Wandering And A Final Homeland For The Due Process And Taking Clauses, Michael L. Davis, Michael Davis
GW Law Faculty Publications & Other Works
The fifth amendment imposes two constraints on the federal government's authority to interfere with private property rights. First, it prohibits the deprivation of property without due process of law. Second, it bars the taking of private property for public use without just compensation. The fourteenth amendment explicitly imposes only the former constraint on the states. Since the late nineteenth century, however, the Supreme Court has interpreted the fourteenth amendment's due process clause to incorporate and make applicable to the states the fifth amendment's taking constraint. This article aims to briefly review the separate natures of deprivations and takings as reflected …