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Rethinking Regulatory Takings: A View Towards A Comprehensive Analysis, Steven I. Brody

Northern Illinois University Law Review

This Comment explores the modern development of the "regulatory takings" doctrine, and the analytical confusion which has resulted from the United States Supreme Court's current fifth amendment taking clause analysis. This Comment concludes that the analytical framework within which all the relevant inquiries can best be incorporated mandates the development of a modified substantive due process police power analysis for regulatory takings cases.