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Disentangling Deregulatory Takings
(Virginia Law Review, 2000)
Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques ...
Political Bargaining and Judicial Intervention in Constitutional and Antitrust Federalism
(Washington University Law Quarterly, 2005)
Federal judicial deference to state and local regulation is at the center of contentious debates regarding the implementation of competition policy. This Article invokes a political process bargaining framework to develop ...