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