Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

2002

Georgetown Law Faculty Publications and Other Works

Property Law and Real Estate

Articles 1 - 1 of 1

Full-Text Articles in Judges

Judicial Activism In The Regulatory Takings Opinions Of Justice Scalia, J. Peter Byrne Jan 2002

Judicial Activism In The Regulatory Takings Opinions Of Justice Scalia, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

If the question is whether the Court's recent property rights decisions represent unwarranted judicial activism, my answer is an unequivocal "Yes!" Explaining why requires some care. After all the jurisprudential battles of the recent past, it is hard to state what makes a decision "activist," let alone unwarrantedly so.