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University of Pennsylvania Carey Law School

State and Local Government Law

Supreme Court of the United States

2016

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Full-Text Articles in Law

A Solution In Search Of A Problem: Kelo Reform Over Ten Years, Wendell Pritchett Jan 2016

A Solution In Search Of A Problem: Kelo Reform Over Ten Years, Wendell Pritchett

Faculty Scholarship at Penn Law

Kelo is NOT Dred Scott. Kelo is not only NOT Dred Scott, it was, as this Essay will argue, the right decision given the facts of the cases and the current state of legal jurisprudence. As an academic who has detailed the historic exploitation of eminent domain to uproot persons of color in this country, I find it interesting, and somewhat troubling, that the case has received so much criticism, much more criticism, I would argue, than other Supreme Court decisions that deserve condemnation. Certainly, eminent domain, like any other government power, must be regulated carefully. But upending the principles ...