Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
A Prudential Take On A Prudential Takings Doctrine, Katherine Mims Crocker
Faculty Publications
The Supreme Court is set to decide a case requesting reconsideration of a doctrine that has long bedeviled constitutional litigants and commentators. The case is Knick v. Township of Scott, and the doctrine is the "ripeness" rule from Williamson County Regional Planning Commission v. Hamilton Bank that plaint~ffs seeking to raise takings claims under the Fifth Amendment must pursue state-created remedies first- the so-called "compensation prong" (as distinguished from a separate "takings prong"). This Essay argues that to put the compensation prong in the best light possible, the Court should view the requirement as a "prudential" rule rather than (as …
Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer
Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer
Virginia Coastal Policy Center
No abstract provided.