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- Title
LEAVING THE LAND OF EASY ANSWERS: REGULATORY TAKINGS, RUCHO AND THE NATURE OF CONSTITUTIONAL ANALYSIS.
- Authors
KOMESAR, NEIL
- Abstract
The essay uses the regulatory takings doctrine to demonstrate the significant role of institutional analysis in U.S. constitutional law. Topics covered include the decision-making processes that define and implement the doctrine, the association between political malfunction and just compensation, and an exploration of the optimal use of judicial review by employing the issue of partisan gerrymandering.
- Subjects
UNITED States; REGULATORY takings; CONSTITUTIONAL law; JUDICIAL process; JUST compensation (Eminent domain); JUDICIAL review; GERRYMANDERING
- Publication
Wisconsin Law Review, 2019, Vol 2020, Issue 2, p363
- ISSN
0043-650X
- Publication type
Article