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Condemning the Decisions of the Past
(Fordham Urban Law Journal, 2011)
This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond ...
Revitalizing Dormant Commerce Clause Review for Interstate Coordination
(Minnesota Law Review, 2015)
Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as ...