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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 ...
Putting Exclusionary Zoning in Its Place: Affordable Housing and Geographical Scale
(Fordhan Urban Law Journal, 2013)
The term “exclusionary zoning” typically describes a particular phenomenon: suburban large-lot zoning that reduces the supply of developable land and drives up housing prices. But exclusionary zoning in its modern form ...
Testing the Value of Eminent Domain
(Tulane Law Review, 2014)
In their article (Guarding the Subjective Premium), Sebastien Gay and Nadia Nasser-Ghodsi add some empirical evidence to the ongoing debate over compensation for eminent domain.' Their model raises a number of interesting ...
Suing Courts
(University of Chicago Law Review, 2012)
This Article argues for a new and unexpected mechanism of judicial accountability:
suing courts. Current models of court accountability focus almost entirely on correcting
legal errors. A suit against the court would ...
Entrenching Environmentalism
(University of Chicago Law Review, 2010)
This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent ...
The New Politics of New Property and the Takings Clause
(Vermont Law Review, 2017)
This Essay offers a broad gloss on the traditional politics of property protection and then catalogues a number of ways in which those politics have been changing. In many cases, the account is of fragmentation and
fracture ...
Passive Takings
(Michigan Law Review, 2014)
As conventionally understood, regulatory takings doctrine protects property owners from the most significant costs of legal transitions. Legal change has therefore always been central to regulatory takings claims. This ...
Is the Constitution Special?
(Cornell Law Review, 2016)
"[W]e must never forget, that it is a constitution we are expounding.” If there was such a danger when Chief Justice John Marshall wrote those words, there is none today. Americans regularly assume that the Constitution ...
Insuring Takings Claims
(Northwestern University Law Review, 2016)
Local governments typically insure themselves against all kinds of losses, from property damage to legal liability. For small- and medium-sized governments, this usually means purchasing insurance from private insurers or ...
The Fiscal Illusion Zombie
(American University Law Review, 2017)
This is a Response to Bethany R. Berger's recent Article, The Illusion of Fiscal Illusion in Regulatory Takings. In that Article, Professor Berger argues against the view that governments should be forced to compensate ...