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Full-Text Articles in Law
Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin
Supplemental Brief Of Respondents Al Gore Jr. And Florida Democratic Party, Bush V. Palm Beach County Canvassing Bd., No. 00-836 (U.S. Nov. 30, 2000), Neal K. Katyal, Peter J. Rubin
U.S. Supreme Court Briefs
No abstract provided.
Regulatory Takings And "Judicial Supremacy", J. Peter Byrne
Regulatory Takings And "Judicial Supremacy", J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
The thesis of this Article is that the Court of Federal Claims and the Court of Appeals for the Federal Circuit have become exposed to this classic critique of constitutional decision-making through the recent expansions of the regulatory takings doctrine. Though the chief agent for this expansion has been the Supreme Court, these lower courts have made their own prominent contributions to broadening regulatory takings, and they are far more vulnerable to political reprisals. Like the Due Process Clause in the gilded age, the Takings Clause today can easily be and has been seen as an avenue for inappropriate judicial …