Sunday, May 15, 2011

Byrne on Stopping Stop the Beach

J. Peter Byrne (Georgetown) has posted Stop the Stop the Beach Plurality!, forthcoming in the Ecology Law Quarterly.  The abstract:

The plurality opinion in Stop the Beach Renourishment v. Florida Department of Environmental Protection articulated a new doctrine of "judicial takings," and justified it with arguments drawing on text, history, precedent, and "common sense." This essay argues that the opinion falls makes a mockery of such forms of interpretation, represents raw pursuit of an ideological agenda, and indicates why the Regulatory Takings Doctrine more generally should be abandoned or limited.

Matt Festa

http://lawprofessors.typepad.com/land_use/2011/05/byrne-on-stopping-stop-the-beach.html

Beaches, Coastal Regulation, Constitutional Law, Judicial Review, Property Rights, Scholarship, Supreme Court, Takings | Permalink

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