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Series

Notre Dame Law School

2017

Property

Articles 1 - 2 of 2

Full-Text Articles in Law

Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett Jan 2017

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.


From A Muddle To A Mudslide: Murr V. Wisconsin, Nicole Stelle Garnett Jan 2017

From A Muddle To A Mudslide: Murr V. Wisconsin, Nicole Stelle Garnett

Journal Articles

This article analyzes the U.S. Supreme Court's most-recent regulatory takings decision, Murr v. Wisconsin, concluding that the decision further muddies the takings waters and threatens to undermine the already-limited protection of private property provided by the Fifth Amendment's Takings Clause.