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Full-Text Articles in Law
Law School News: The View From The Statehouse 04-27-2021, Michael M. Bowden
Law School News: The View From The Statehouse 04-27-2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Changemakers: Coming Full Circle, Roger Williams University School Of Law
Changemakers: Coming Full Circle, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook
Newsroom: Horwitz, Vorenberg On Expungement 5-18-2016, Roger Williams University School Of Law, Jack Brook
Life of the Law School (1993- )
No abstract provided.
Pretextual Takings: Of Private Developers, Local Governments, And Impermissible Favoritism, Daniel B. Kelly
Pretextual Takings: Of Private Developers, Local Governments, And Impermissible Favoritism, Daniel B. Kelly
Journal Articles
Since Kelo v. City of New London, the preferred litigation strategy for challenging a condemnation that benefits a private party is to allege that the taking is pretextual. This Article contends that, although pretextual takings are socially undesirable, the current judicial test for identifying such takings is problematic. Yet an alternative, intent-based test might be impracticable, as well as underinclusive: condemnors often have mixed motives, particularly when confronted with a firm's credible threat to relocate. Instead, the Article develops a framework that emphasizes informational differences between local governments and private developers. When the government lacks information regarding the optimal site …