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Full-Text Articles in Law
A Fixed Rule For A Changing World: The Legacy Of Lucas V. South Carolina Coastal Council, J. Peter Byrne
A Fixed Rule For A Changing World: The Legacy Of Lucas V. South Carolina Coastal Council, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
In light of the 25th anniversary of the Supreme Court’s Lucas decision, this Article reexamines the actual relevance of the opinion by weighing the framing, reach, and aftermath of Justice Scalia’s majority opinion. This Article argues that Justice Scalia’s opinion consciously framed the regulatory takings doctrine in a more favorable way for private property owners, and by doing so, helped pave the way for subsequent denial that environmental and climate concerns are a valid basis for any government action. Justice Scalia attempted to create a regulatory environment that protects private real estate investments instead of protecting the public environment as …
Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee
Federalism Hedging, Entrenchment, And The Climate Challenge, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The virtues and effects of federalism continue to generate political, judicial and scholarly ferment. While some federalism partisans champion exclusivity and separation, others praise the more common political choice to retain federal and state regulatory overlap and interaction. Much of this work, however, focuses on government learning or rule clarity, giving little or no attention to how different federalism choices can heighten or hedge risks of regulatory failure and policy reversal. These debates play out with unusual fervor and with high stakes in battles over climate change regulation. Despite broad agreement that any effective climate policy intervention must include national …
Coloring Outside The Lines: A Response To Professor Seamon’S Dismantling Monuments, Hope M. Babcock
Coloring Outside The Lines: A Response To Professor Seamon’S Dismantling Monuments, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
In Dismantling Monuments, Professor Richard H. Seamon defends President Donald Trump’s recent proclamations modifying the boundaries of two national monuments, Grand Staircase-Escalante and Bears Ears, that Presidents Clinton and Obama each designated at the ends of their Administrations. Professor Seamon is not alone in making these arguments, as I am not alone in saying that Professor Seamon’s arguments, while well-intentioned, are wrong. He exaggerates the persuasive power of congressional silence. He elevates the importance of the statute’s original intent. Professor Seamon and I read the text and legislative history of the Antiquities Act differently—he sees unlimited presidential power, I …