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"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rights To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand
"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rights To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand
Rashmi Dyal-Chand
The purpose of this Essay is to summarize and reflect upon the second panel discussion at the Third Annual Brigham-Kanner Property Rights Conference at William & Mary School of Law, October 6-7, 2006. The panel was entitled "Comparing the Treatment of Property Rights to the Protections Given to Other Rights Under the Bill of Rights." As described by Professor Eric Kades, the organizer of the conference, the panel's topic was inspired by a statement by Justice Rehnquist in the case of Dolan v. City of Tigard: "We see no reason why the Takings Clause of the Fifth Amendment, as much …
Property Rights, The "Gang Of Four" & The Fifth Vote: Stop The Beach From Renourishment, Inc. V. Florida Department Of Environmental Protection (U.S. Supreme Court 2010), Garrett Power
Garrett Power
In 2010 The U.S. Supreme Court decided the case of Stop the Beach Renourishment v. Florida Department of Environmental Protection (SBR v. Fla. EPA). Justice Antonin Scalia announced the judgment of the Court. All Justices agreed that Florida had not violated the Takings Clause of the Federal Constitution’s Fifth Amendment. But then in a plurality opinion Justice Scalia joined by the Chief Justice Roberts and Justices Thomas and Alito proposed profound changes in the law of “regulatory takings.” As the spokesman for the Court’s property rights absolutists Scalia advanced two novel legal propositions. First he argued that federal courts had …