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Constitutional Law

2007

Georgetown Law Faculty Publications and Other Works

Due process of law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Man Behind The Torture, David Cole Dec 2007

The Man Behind The Torture, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Due Process Land Use Claims After Lingle, J. Peter Byrne Jan 2007

Due Process Land Use Claims After Lingle, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

The Supreme Court held in Lingle v. Chevron U.S.A. Inc. that challenges to the validity of land use regulations for failing to advance governmental interests must be brought under the Due Process Clause, rather than the Takings Clause, and must be evaluated under a deferential standard. This Article analyzes and evaluates the probable course of such judicial review, and concludes that federal courts will resist due process review of land use decisions for good reasons but not always with an adequate doctrinal explanation. However, state courts can use due process review to provide state level supervision of local land use …