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Full-Text Articles in Law

Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz Jan 1993

Administrative Appeal Reform: The Case Of The Forest Service, Robert L. Fischman, Bradley C. Bobertz

Articles by Maurer Faculty

No abstract provided.


Putting The Correct "Spin" On Lucas, Richard J. Lazarus Jan 1993

Putting The Correct "Spin" On Lucas, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.