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Articles 1 - 3 of 3
Full-Text Articles in Law
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
43 pages.
Economic Due Process And The Takings Clause, John A. Humbach
Economic Due Process And The Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The discussion which follows will examine the new verbalizations repeatedly employed in Supreme Court takings decisions of the past decade and the Court's enlistment of the just compensation requirement as a basis for undertaking substantive review of legislation. As an introduction, the distinctive historical roles and roots of the substantive due process and just compensation requirements will be reviewed.
Foreign States And The Constitution, Lori Fisler Damrosch
Foreign States And The Constitution, Lori Fisler Damrosch
Faculty Scholarship
This article does not advocate judicial abstention from deciding the constitutional claims of foreign sovereigns. Rather, the argument is that constitutional claims against the actions of the federal political branches must fail on the merits because of the relationship of foreign states to the federal structure. When, on the other hand, a claim does not directly confront or conflict with the political branches' foreign policy, the federal courts should adjudicate the merits of foreign state claims by applying constitutional jurisprudence to sustain or reject the claim. Part III of this article elaborates upon the relationship between the thesis in Part …