Friday, April 16, 2010
On the news of Justice Stevens' retirement announcement, I linked to an article by John Echeverria that makes a generally positive portrayal of Justice Stevens' overall legacy in the area of property law. The Economist, however, focuses on his Opinion for the Court in Kelo, with a thumbs-down. On its American politics blog is the article Kelo: The worst decision of Justice Stevens. It begins:
IN A long and distinguished career, Justice Stevens wrote many decisions that I applaud. . . .
But his opinion in Kelo v New London (2005) was simply terrible. . . .
The article goes on to say: "This massively expanded the government's power of eminent domain." Most legal scholars would probably disagree with that statement, at least with respect to the Berman and Midkiff precedents. It continues with a description of the backlash and speculates that then-Governor Janet Napolitano's veto of an Arizona anti-Kelo measure would be a problem for her should she be nominated for the Court vacancy.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Jesse Richardson on Local Regulation of Hydraulic Fracturing
- Jamie Baker Roskie on Local Regulation of Hydraulic Fracturing
- Samuel on Schleicher and Rauch on local regulation of the sharing economy
- Timothy Wayne George on Is Reed v. Town of Gilbert an important sign case?
- Jessie Owley on 10th Circuit Disallows Conservation Easement Deduction Where Mortgage Not Subordinated at Time of Donation
- "Basic Human Right" to Farm Your Lawn?
- CFP: Fordham Law: Sharing Economy, Sharing City: Urban Law and the New Economy
- Fennell and Peñalver on Exactions Creep
- March 11-13: Rocky Mountain Land Use Institute's annual conference: Western Places/Western Spaces: Building Fair & Resilient Communities
- Local Regulation of Hydraulic Fracturing