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- Title
From Background Principles to Bright Lines: Justice Scalia and the Conservative Bloc of the U.S. Supreme Court Attempt to Change the Law of Property as We Know It [Stop the Beach Renourishment, Inc. v. lorida Department of Environmental Protection, 130 S. Ct. 2592 (2010)]
- Authors
Walter, Mitch L.
- Abstract
The author reviews the case that served as the vehicle for the U.S. Supreme Court's debate on private property rights in the U.S. The author argues that the conservative bloc of the court has attempted to stop the common law of property from evolving to reflect circumstances and community values. The author contends that the use of due process analysis rather than the takings clause analysis will allow the court to continue to protect private property rights.
- Subjects
UNITED States; UNITED States. Supreme Court; PROPERTY rights; COMMON law; EMINENT domain; DUE process of law
- Publication
Washburn Law Journal, 2011, Vol 50, Issue 3, p799
- ISSN
0043-0420
- Publication type
Article