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Full-Text Articles in Law
Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard
Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard
Florida Law Review
Libertarian property rights enthusiasts celebrated the United States Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those expectations. A major reason is that Justice Antonin Scalia’s opinion created an exception that effectively swallowed the rule that Lucas established. Lucas held that land use regulations whose effect on landowners’ property produced a total loss of economic value were per se categorical takings. However, Justice …
Oh What A Truism The Tenth Amendment Is: State Sovereignty, Sovereign Immunity, And Individual Liberties, Sharon E. Rush
Oh What A Truism The Tenth Amendment Is: State Sovereignty, Sovereign Immunity, And Individual Liberties, Sharon E. Rush
Florida Law Review
The United States Supreme Court takes the Tenth Amendment and state sovereignty seriously. It also takes the Eleventh Amendment and state sovereign immunity seriously. Moreover, the contemporary Court’s interpretations of Congress’s Article I powers are based on its concomitant interpretations of the Tenth and Eleventh Amendments. The Court has infused these interpretations with the idea that an inherent part of a state’s sovereignty is not just its prerogative not to have its treasuries invaded, but also includes its right not to have its dignity assaulted. Protecting the dignity of states and other critical principles that inform the Court’s Article I, …